Planning Committee
-
19/06/2014
Application Number W/14/00585/OU
Site Address
Land off, Chapel Lane, Upton Snodsbury
Description of
Development
Outline planning application to establish the principle of the erection of
16 homes and associated access infrastructure including on land off
School Lane, Upton Snodsbury
Case Officer
David Addison
Applicant
Cala Homes Midlands
Ltd
Parish
Upton Snodsbury
Ward Member(s)
Cllr Mrs Linda Robinson
Reason for
Referral to
Committee
Major application
Expiry Date
Key Issues
- Policy Background
- Layout Scale and Design
- Landscape and visual impact
- Built Heritage
- Access and Highway safety
- Residential Amenity
- Natural Heritage
- Flooding and drainage
- Affordable housing
- Planning obligations
- Human Rights
Recommendation
Approval subject to legal agreement
17/06/2014
1.
SITE DESCRIPTION AND DETAILS OF PROPOSAL
This application seeks outline permission, with all matters reserved apart from
details of access, for the construction of 16 dwellings and associated
infrastructure. The proposed development is to be accessed via a continuation of
an existing highway School Lane, and includes associated works to this highway.
The proposed access to the development would be through part of the domestic
curtilage of a property known as 'Foxcroft'. An existing garage serving this
property would be removed in order to accommodate the proposed access to
serve the development.
The application site extends to approximately 1.3 hectares, and is broadly
rectangular in shape. The site is located on the south-western edge of Upton
Snodsbury, and consists predominantly of rough grassland and scrub,
interspersed with various fruit trees that are the remnants of a former orchard.
The site gradient falls from north to south by some 7m from the proposed access
point to the southern boundary of the site. The application site is bounded to the
west and south by open fields, with permission having been granted on land to
the south for use as a woodland burial site. The eastern boundary of the site
abuts a public right of way, with the rear gardens of residential properties along
College Road and Pershore Road beyond. The northern boundary of the site
abuts the rear gardens of residential properties on Chapel Lane.
The submitted indicative layout and statements propose the erection of 16 no.
dwellings, comprising of 11 no general market units (69%) and 5 no. affordable
units (31%). Whilst appearance and layout of the development are reserved
matters, the application indicates the proposed units will consist of:General market housing
4 no. four/five-bed units
4 no. three-bed houses
3 no. two -bed units
Affordable housing
1 no. three-bed unit
2 no. two-bed units
2 no. one-bed units
The following documents have been submitted as part of the application:
- Design and Access Statement
- Planning Statement
- Ecological Assessment & Protected Species Report
- Arboricultural Report and Tree Condition Survey
- Flood Risk Assessment
- Archaeological Evaluation
- Heritage Desk-Based Assessment
- Transport Statement
2.
PLANNING POLICY AND LEGISLATIVE FRAMEWORK
The Development Plan
The determination of a planning application is to be made pursuant to section
38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read in
conjunction with section 70(2) of the Town and Country Planning Act 1990.
Section 38(6) requires the local planning authority to determine planning
applications in accordance with the development plan, unless there are material
circumstances which 'indicate otherwise'. Section 70(2) provides that in
determining applications the local planning authority "shall have regard to the
provisions of the Development Plan, so far as material to the application and to
any other material considerations."
The development plan consists of the Wychavon District Local Plan 2006 and the
Waste Core Strategy for Worcestershire - Adopted Waste Local Plan 2012-2027.
This follows the revocation of the West Midlands Regional Spatial Strategy and
saved Worcestershire Structure Plan policies on 20 May 2013.
Wychavon District Local Plan (WDLP)
On 29 May 2009 the Secretary of State wrote to confirm that various policies in
Wychavon District Local Plan were 'saved' under paragraph 1(3) of Schedule 8
to the Planning and Compulsory Purchase Act 2004. The following saved
policies are relevant to this application:
GD1 (Location strategy for new development)
GD2 (General development control)
GD3 (Planning obligations)
SR5 (Minimising car dependency)
ENV1 (Landscape character)
ENV6 (Protected Species)
ENV7 (Protection of wider biodiversity)
ENV8 (Protection of hedgerows, trees and woodland)
ENV12 (Conservation Areas)
ENV14 (Settings of Listed Buildings)
ENV18 (Development in areas of low to medium flood risk)
ENV19 (Surface water run-off)
COM1 (Mix of dwellings)
COM2 (Affordable housing)
COM12 (Provision of public open space)
SUR1 (Built design)
SUR2 (Landscape design)
The Waste Core Strategy for Worcestershire –
Adopted Waste Local Plan 2012-2027
The Waste Local Plan was adopted by Worcestershire County Council on 15
November 2012 and is a plan outlining how to manage all the waste produced in
Worcestershire up to 2027. The following policies are relevant to this application:
WCS1 (Presumption in favour of sustainable development)
WCS2 (Enabling equivalent self-sufficiency)
WCS3 (Re-use and recycle)
WCS11 (Sustainable design and operation of facilities)
WCS17 (Making provision for waste in new development)
Government Policy
National Planning Policy Framework 2012
Planning Practice Guidance 2014
Town and Country Planning (Environmental Impact Assessment) Regulations
2011
Other Material Planning Considerations
Affordable Housing SPG 2002
Developer Contributions towards Service Infrastructure SPG 2003
Developer Contributions for Education Facilities SPG 2007
Planning and Wildlife SPD 2008
Water Management SPD 2009
Water Cycle Strategy 2010
Residential Design Guide SPD 2010
Worcestershire Local Transport Plan 3 - Highways Design Guide 2011
Strategic Housing Land Availability Assessment 2011
Worcestershire Strategic Housing Market Assessment 2012
South Worcestershire Development Plan (SWDP)
Wychavon, in partnership with Worcester City and Malvern Hills District
Councils, submitted a replacement local plan, the SWDP, to the Secretary of
State in May 2013. The examination of the SWDP commenced in October 2013.
The following policies are relevant to this application:
SWDP1 (Overarching Sustainability Principles)
SWDP2 (Development Strategy and Settlement Hierarchy)
SWDP3 (Employment, Housing and Retail Provision Requirement and Delivery)
SWDP4 (Moving Around South Worcestershire)
SWDP5 (Green Infrastructure)
SWDP6 (Historic Environment)
SWDP7 (Infrastructure)
SWDP15 (Meeting Affordable Housing Needs)
SWDP21 (Design)
SWDP22 (Biodiversity and Geodiversity)
SWDP24 (Management of the Historic Environment)
SWDP25 (Landscape Character)
SWDP27 (Renewable and Low Carbon Energy)
SWDP28 (Management of Flood Risk)
SWDP29 (Sustainable Drainage Systems)
Relevant Legislation
Wildlife and Countryside Act 1981
Town and Country Planning Act 1990 (as amended)
Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended)
Human Rights Act 1998
Section 17 of the Crime and Disorder Act 1998
Planning and Compulsory Purchase Act 2004
Natural Environment and Rural Communities (NERC) Act 2006
Planning Act 2008
The Town and Country Planning (Development Management Procedure)
(England) Order 2010 (as amended)
The Conservation of Habitats and Species Regulations 2010
Community Infrastructure Levy Regulations 2010 (as amended)
Equality Act 2010
Flood and Water Management Act 2010
Localism Act 2011
Growth and Infrastructure Act 2013
Local Information
The Upton Snodsbury Parish Plan 2008 Update (May 2010)
Upton Snodsbury Village Design Statement 2010 (August 2010)
3.
RELEVANT PLANNING HISTORY
75/00490 Residential development Refused
75/01350 Three detached bungalows (land part of Homelea) Refused
76/00838 Three detached bungalows (Land adj Holmlea) Refused
78/01520 Erection of 2 bungalows (adjoining Holmlea) Approved
83/00866 Extension, dwelling under construction Approved
Pre-application Engagement
Pre-application meeting held on 14 November 2014. Access, design, layout and
housing mix were discussed. It is understood that the applicant has also held
pre-application discussions with the County Highways department.
Public Consultation
A public exhibition was held on 13 November 2013 at Upton Snodsbury Village
Hall. The consultation event was advertised by a newsletter which was delivered
to 500 properties within and around the parish. At the consultation event a series
of information boards were on display to explain the key aspects of the
proposals. It was attended by approximately 42 residents, 19 of which competed
feedback forms. The key issues raised were: access arrangements; design of
layout; housing mix; loss of natural habitats; and lack of need for affordable
housing.
Furthermore, a number of meetings were held with the Upton Snodsbury Parish
Council, to predominantly discuss access to the site.
4.
CONSULTATION RESPONSES
Upton Snodsbury Parish Council:
- Unanimously oppose application;
- Whilst the county has an obligation to build new houses, it also has a duty to
preserve the heritage of local villages and it is unthinkable that access to a new
development should be allowed through the heart of a Conservation Area when
there are several perfectly viable potential accesses via a southern route;
- Heavy construction traffic could have a devastating and irreparable effect on
the listed buildings lining the route;
- Serious risk to pedestrians as School Lane does not have a footway;
- Dust and noise will significantly reduce the quality of life for residents and
children at the school;
- Submitted Transport Statement fails to show the significant increase in vehicles
on Church Lane during the opening and closing times at the school;
- Roadways are very old and very narrow and not designed for such volumes of
traffic anticipated by this development;
- Road safety audit acknowledges that there is a risk of emerging type collisions
at the junction of Chapel and School Lanes, but does not give a feasible solution
for the prevention of accidents at this point;
- The changing of the priority of the junction of the access road with School Lane
will create a speeding hazard if traffic is allowed to emerge from the site
unhindered;
- Development should be located and designed where practical to give priority to
pedestrian and cycle movements creating safe and secure layouts which
minimise conflicts between traffic and cyclists or pedestrians. There is no scope
for this in Cala's report.
- There are no footpaths on School Lane which is 3.34m wide at its narrowest
point, which means that pedestrians have nowhere to go if faced with a wide
vehicle accessing the lane. Longer vehicles will not be able to turn into School
Lane from Church Lane without manoeuvring by the wall next to the playground
and directly in front of the school gates.
- Impossible to see how the proposed development, accessed through the
conservation area, would make a positive contribution to local character and
distinctiveness;
- A full risk assessment should undertaken to assess the impact of the
construction traffic on Church and School Lanes before any further consideration
is given to the proposed access for this development;
- Believe therefore that the application should be refused especially when more
than one alternative viable access has been identified further down the B4082.
County Highways Authority:
As part of our assessment into the SWDP allocations, a desktop study of a
significant number of sites was carried out. From the information available to us
in the timescale given by the local planning authority, it was considered that a
suitable access could be formed from Cutts Pool, although subsequently is was
suggested that, with improvements, Chapel Lane and School Lane could form a
suitable access.
As part of the planning process, the applicant carried out further survey work to
demonstrate that an access to the required standard could be accommodated
along Chapel Lane and School Lane. The county council has, as is our remit,
assessed the application as submitted and taken into consideration the views of
the parish council. It is the view of the county council as highway authority that
the access proposed is of sufficient width to accommodate the development and
that given the low design speed, that the likelihood of conflict between
pedestrians and vehicles is low, therefore no objection to permission being
granted, subject to suitable conditions and notes.
Wychavon Land Drainage Engineer:
From our historical data, can confirm the southern end of the site is at risk from
overland flows crossing from west to east. This is confirmed by the Environment
Agency surface water flooding maps which show an area at medium risk. The
proposed development is situated well away from this location and is in an area
of very low risk of surface water flooding. Ground conditions suggest that
infiltration means of surface water disposal will not be acceptable. Therefore,
surface water will be channelled to an attenuation pond at the southern end of
the site. The pond will be designed to cater for the 1 in 100 year (+30% climate
change) rainfall event and have a restricted outfall. The existing culvert, that
connects the ditch on the west to the ditch on the east, is being replaced by a
suitably sized ditch. In line with the Council's surface water SPD, a strip of land,
at least 6m in width, must be provided adjacent to the existing ditches in order to
carry out necessary maintenance. A suitable drainage condition can be imposed
requesting the full drainage design and details of how the pond and ditch will be
managed.
Historic Environment:
Advice that further information in the form of targeted trial trenching should be
undertaken to demonstrate the nature and significance of the heritage assets
identified in the desk based assessment.
Severn Trent Water:
No objection, subject to the inclusion of condition requesting details for the
disposal of surface water and foul sewage.
County Public Path Orders Officer:
The proposal appears to be adjacent to public right of way Upton Snodsbury
footpath 534 (US-534). However the proposal should have no detrimental effect
on the public right of way provided the applicant is aware of their obligations
towards it.
Hereford & Worcester Fire and Rescue Service:
The developers have indicated that the access roads to the development will be
a minimum width of 4.5m. This is in excess of the minimum distance as
prescribed in the guidelines. Therefore HWFRS have no concerns in relation to
vehicle access.
5.
REPRESENTATIONS RECEIVED
Objectors
62 communications of objection have been received
A petition with 51 signatures has been received
Supporters
0 communications of support have been received
6.
Representations Made
In opposition
The material planning objections raised have been summarised by the case
officer to include:
Highway Safety and Traffic Generation
- No separation between pedestrians and vehicles on School Lane, which is a no
through road that, for a large stretch of it is only wide enough for 1 vehicle;
- During construction and on completion, the extra traffic generated along these
two narrow lanes will create serious safety issues.
- The route proposed to take increased volume of traffic passes the school.
There is no footpath is some areas around the school and this combined with the
age of the children and the increase in traffic can only lead to a serious accident
occurring;
- Access via Cutts Pool is the right, safest and most sensible option;
- The proposed give way line in Chapel Lane. allowing the free flow of traffic into
and out of the new development, is placed in a position where the stopped cars
will have absolutely no view of what is approaching them from the Church Lane
end of School Lane;
- The increase in traffic at peak times estimated at an additional 12 trips is grossly
underestimated;
- The increase in houses from this development will increase the amount of
deliveries and residential traffic so the likelihood of creation of bottle neck and
blockage of the road occurring will dramatically increase;
- The proposed change in road layout will create a direct road down School Lane
to the new housing, thus dramatically increasing the speed of traffic along School
Lane;
- Transport Statement does not take into consideration the increase in oil/gas
bottle deliveries and other service vehicles to the development;
- Elderly residents will no longer be able to safely walk to village facilities;
- Cutts Pool does not offer a panacea to the problem, all of the concerns for
School Lane are as valid for Cutts Pool, with the exception of a historic element;
- Report does not accurately depict number of accidents or number of near
misses;
- Results of the submitted Traffic Survey are not correct or accurate, conclusions
are therefore based on unsound data;
- There are two more suitable access points: one via Cutts Pool and one via the
allotment road off Cowsden Lane;
- The number of vehicles per proposed household is likely to be higher than 2;
Other Issues
- Concern of the impact of the construction traffic as well as the more long-term
increase in general traffic on the integrity of local listed properties;
- Strongly object to the inclusion of street lighting in this proposal;
- Reservations on the expansion of the village;
- Would be a great shame if contributions towards off-site sports provision were
used outside the parish to the detriment of the Upton Snodsbury Parish
Recreational Area;
- Danger that the Conservation Area will suffer and will not be sustained;
- Result in an increase in pollution;
- Would destroy an ancient orchard
The submitted petition with 51 signatures objects to the proposals on the
grounds of:
Access via School and Church Lanes causing damage to the Conservation Area
and the potential risk to pedestrians.
7.
OFFICER APPRAISAL
The following material planning issues are relevant to this application:
- Policy Background
- Layout Scale and Design
- Landscape and visual impact
- Heritage Built
- Access and Highway safety
- Residential Amenity
- Natural Heritage
- Flooding and drainage
- Affordable housing
- Planning obligations
- Human Rights
Pre-application Discussions / Alternative Access
As stated above, the applicants have entered in to pre-application discussions
with the council, the highways authority and the local community.
A number of third parties have highlighted an alternative access to the south-east
of the site from Cutts Pool. This alternative access was also discussed during
pre-application discussions with the council. It is understood that a strip of land
on Cutts Pool is owned by West Midlands Housing Group and Upton Snodsbury
Parish Council. The applicants have held a number of meetings with the parish
council regarding this matter, and held on-going discussions with West Midlands
Housing Group. It is understood that the parish council have agreed an
acceptable fee from the applicant's for the use of the Cutts Pool access.
However, West Midlands Housing Group are seeking a substantial payment for
use of this access. The applicants have stated that such a payment would render
any residential scheme accessed via Cutts Pool unviable.
Since the submission of the planning application, the council has also informally
contacted the West Midlands Housing Group to discuss the issue of using the
Cutts Pool access to serve the proposed development. It is understood that the
figure quoted by the West Midlands Housing Group to the applicants is based on
advice from an independent valuer given the number of dwellings proposed on
the application site. It is stated that given their charitable status, it would be very
difficult for West Midlands Housing Group to justifiably accept an amount less
than that of their valuation.
A further potential access to the application site has also been highlighted by a
number of third parties. This is the existing access track to the south of the
application site that serves a parcel of land that received planning permission for
use as a woodland burial site under reference W/12/02051/CU. This potential
access has also been brought to the attention of the applicants, who have had
their highway engineers consider the use of this to serve the proposed
development. The applicant's highway engineers made the following comments
on the suitability of this potential alternative access:
- Main issue is that it is an unadopted narrow track which is not appropriate to
serve residential uses;
- With the cumulative impact of the number of trips from the residential site and
the burial ground site this access would not be acceptable based on its narrow
width and lack of passing places;
- Issue of junction spacing to the adjacent B4082/Cowsden Lane junction, where
only 10m is achievable and should be a minimum of 15m;
- Vehicles turning into Cowden Lane would need to straddle the centre line of the
road due to its narrow width which would potentially create a conflict with
vehicles turning left out of the track;
- There are a number of protected trees that need to remain along the southern
boundary along with the drainage for the site and therefore access to the site
would be difficult from any location along the southern boundary due to these
constraints;
- Overall it is considered the proposed access from School Lane provides a much
more appropriate means of access to the site
The application is considered based on the information submitted, with the
proposed residential development accessed via School Lane to the north.
Policy Background
Policy Framework
The determination of a planning application is to be made in accordance with the
development plan, unless there are material circumstances which indicate
otherwise.
The development plan consists of the saved (Secretary of State Direction, May
2009) policies of the Wychavon District Local Plan and the Worcestershire
Waste Core Strategy. This follows the revocation of the West Midlands
Regional Spatial Strategy and the Worcestershire Structure Plan on 20 May
2013.
Wychavon District Local Plan (WDLP) Saved Policy GD1 defines development
boundaries for most settlements within the district. The application site adjoins
part of the southern boundary, albeit outside of, the defined development
boundary of Upton Snodsbury. Therefore, in this regard, development on this site
is not supported by saved Policy GD1. Granting planning permission for this
development would be contrary to the adopted local plan and represent a
departure from development plan policy. Other relevant policies related to the
determination of this application are referred to elsewhere in this report.
National Planning Policy Framework (the Framework) is a material consideration
in the determination of a planning application. Paragraph 14 introduces a
presumption in favour of sustainable development. This is described as the
golden thread running through both plan-making and decision taking. For
decision taking this means:- approving development proposals that accord with the development plan
without delay; and
- where the development plan is absent, silent or relevant policies are out of date,
granting permission unless 'any adverse impacts of doing so would significantly
and demonstrably outweigh the benefits, when assessed against the policies in
this Framework taken as a whole' or 'specific policies in the Framework (such as
Green Belt, or AONB) indicate that development should be restricted'.
There is a high level of consistency between the definitions of sustainable
development set out respectively in the WDLP and the National Planning Policy
Framework. As such, even if the relevant policies for the supply of housing
cannot be considered up-to-date, the general strategy and the spatial vision that
runs with the WDLP as well as the policies unrelated to the supply of housing
remain relevant and therefore a material consideration.
The South Worcestershire Development Plan (SWDP) is also a material
consideration in the determination of a planning application. However, in
accordance with paragraph 216 of the Framework, only some weight can be
given to the plan given its stage of preparation and the number of unresolved
objections to some of its proposed policies. In essence, the SWDP seeks to
allocate most new development in locations where there is good access to local
services and where transport choice is maximised... Relevant SWDP policies are
referred to else where in this report.
A further hearing in relation to the examination in public of the SWDP was held
on 13 and 14 March 2014. Following this latest hearing, the Inspector's further
interim conclusions were published on 3 April. In his letter, the Inspector sets
out his view as to what the objectively assessed housing needs for South
Worcestershire and the three districts are as required by paragraphs 47 and 159
of the Framework.
Housing delivery and housing land supply
The Framework conveys a strong imperative in favour of housing delivery. In
order to boost significantly the supply of housing, local planning authorities
should identify a supply of 'specific deliverable sites sufficient to provide five
years' worth of housing against their housing requirements (paragraph 47).
An update report in relation to housing land supply was presented to the 24 April
Planning Committee. The report explained the Inspector's position and the
weight to be attached to his view. Essentially the Inspector concluded that a
higher number of new homes than set out in the submitted SWDP is needed to
meet objectively assessed housing needs. The housing figure set out by the
Inspector for Wychavon District Council will increase further given the redirection
of growth following the SWDP's proposed displacement of housing need from
Worcester City and Malvern Hills to Wychavon. The report relies on the land
supply position previously reported to members of around 5.65 years of supply.
Further analysis of the components of land supply is being undertaken following
the recommendations of a critical friend approach to housing supply.
At the time of writing this report, the Head of Housing and Planning recommends
firmly that the Planning Committee continue to approve sustainable development
proposals to improve the council's housing land supply position further. It is
important that the council can demonstrate a deliverable, achievable and realistic
housing land position which meets the requirements of the Framework. The
Government is intent on accelerating the delivery of new housing. Irrespective
of the debate around the actual level of supply that exists, the availability of a
5-year supply of housing land is the minimum requirement and does not mean
that otherwise acceptable proposals should be resisted.
Principle of the Development
Consequently, significant weight must be given to the Framework and the need
to promote sustainable development. The conformity of the proposed
development to the criteria for sustainability is considered throughout this report.
The report seeks to weigh all the overall benefits of the development against the
harm and as part of that overall planning judgement
Upton Snodsbury is classified as a Category 2 village in the SWDP (Village
Facilities and Rural Transport Study December 2012), which indicates that there
is limited access to services; facilities and public transport. The nearest bus
stop is around 220m from the access to the application site, opposite Church
Lane. Further bus stops are located to the north of the proposed development,
along the A422, approximately 430m from the access to the application site.
Whilst Upton Snodsbury is not recognised as one of the most sustainable
locations in the district, it is considered that the village is capable of
accommodating the scale of the proposed housing development.
Layout, Scale and Design
The Framework requires good design and sets out a number of aims for
development proposals. These include the objective to respond to local
character and history and reflect the identity of local surroundings and buildings.
According to the 2010 Village Design Statement, there are some 26 grade II
listed black and white timber framed houses in the village, most of them located
in the conservation area near the church. The remaining houses are a mix of
Victorian and twentieth century houses. It is considered that the built character of
the village is characterised by a linear style of development with the majority of
the buildings set parallel to the two major routes through the village: the A422
and the B4082 Pershore Road. However there are some examples of houses
build off secondary accesses at right angles off the Pershore Road, located
behind the general building lines. Given the information submitted, the proposed
development is considered to represent a design that will appear not so markedly
at odds with local character and development context to warrant refusal of
permission.
The proposed development would be sited to the south of the part of the village
that is described in the Village Design Statement as "the heart of the
conservation area". With one exception, none of the cottages or houses in this
part of the village are more than two storeys high. The submitted information
confirms that none of the proposed dwellings would be more than two storeys
high.
As this is an outline application, no plans have been submitted showing details of
the proposed dwellings. However, the submitted Design and Access Statement
makes the following comments:-
- Majority of the proposed dwellings would face onto the site access road;
- Car parking to be provided either to the front or side of the dwelling it serves;
- Provision of ample rear gardens;
- Roofs of buildings finished in fibre cement slates, with uPVC fascias, barge and
soffit boards;
- External walls to be a mixture of facing brick and rendered units with a brick
plinth;
- Windows and doors to be uPVC;
- Boundaries will be a mixture of facing brick screen walls and 1.8m high close
boarded fencing, depending on location.
The proposed development would have a density of some 12.2 dwellings per
hectare.
The councils preferred housing mix as outlined in a statement published in
February 2013 is as follows:
1 and 2 bedroom dwellings - 35% of the total number of market homes
3 bed dwellings - 35% of the total number of market homes
4 bed dwellings - max 30% of the total number of market homes
Notwithstanding the nature of the application, the applicant has indicated the
following mix of units would be provided:Overall housing mix (16 units in total)
4 x four/bed-units (25%)
5 x three-bed units (31%)
5 x two-bed units (31%)
2 x one-bed units (13%)
Market housing mix (11 units in total)
4 x four/five-bed units (36% of market units)
4 x three-bed units (36% of market units)
3 x two-bed units (28% of market units)
Affordable housing mix (5 units in total)
1 x three-bed unit (20% of affordable units)
2 x two-bed units (40% of affordable units)
2 x one-bed units (40% of affordable units)
Further it has been confirmed that one of either the two or three bed affordable
units could be in the form of a bungalow, should that be required based on
housing need.
Overall, this mix of units proposed in terms of size is generally evenly spread.
Saved Local Plan Policy COM1 looks to ensure that residential schemes
includes a mix of dwelling types and sizes that reflect and respond to the needs
of the individual settlement across the district. Paragraph 50 of the Framework
states that authorities should plan for a mix of housing based on current and
future demographic trends, market trends and the needs of different groups.
Census data set out in the Strategic Housing Market Assessment indicates the
need to provide more smaller units in the district. It is considered that the
proposed mix of general market units is acceptable in accordance with local plan
policy COM1 and emerging policy SWDP14.
The submitted Design and Access Statement includes a section on
'Environmental Sustainability'. All dwellings are to be designed to achieve Level
3 of the Code for Sustainable Homes. It is stated that the following points have
been considered within the design of the scheme:
- Selection of materials - favour those with the lowest ecological impact
- Insulation - high levels of insulation, draught proofing and double glazing
- Day lighting - windows designed to provide high levels of daylight to individual
rooms
- Low energy lighting
- Efficient heating - all properties to incorporate a mechanical ventilation heat
recovery system
- Construction waste recycling
- Cycle storage - all dwellings provided with secure cycle storage
- Water conservation - dwellings designed to reduce water demand and storm
water run-off.
The Upton Snodsbury Village Design Statement notes that "over the next decade
no doubt that additional houses will be built in the village". This document
continues by stating that "there are no 'brownfield' sites within the village
envelope other than the Woodview Garage site. Any new development would
therefore be on 'greenfield' agricultural land." The Village Design Statement
also highlights that many of the lanes in the village have no footpaths, and that
there is no street lighting in the village.
Landscape and Visual Impact
In terms of visual impact, the site is well contained within the wider landscape,
but is clearly visible from adjacent dwellings and the public footpath to the
eastern boundary. The Landscape Officer has confirmed that should outline
consent be granted, as part of any detailed proposals, a landscape scheme
would be required that includes native hedge and tree planting to both the
eastern and western boundaries, and details for planting to the northern
boundary, open space to the southern part of the site and on-plot planting.
The submitted arboricultural report considers the overall condition of the existing
trees on the site as 'poor to average', with some of the boundary vegetation
having merit in defining the site boundary. The proposed development would
require the removal of 8 existing fruit trees of varying quality. The arboricultural
report suggests that these trees are relatively small and have limited value within
the wider area. The proposed development provides the opportunity to secure
new planting to enhance the boundary vegetation and improve the age and
species mix of the trees growing within the site.
With respect to landscape character, the site falls within the Landscape Type
(LTV) Village Clay lands as identified in the County Landscape Character
Assessment (LAC) and the more localised Bishampton Village Clay lands
Landscape Description Unit (LDU). The LTV is characterised by a nucleated
settlement pattern and the LAC identifies within the LDU 'localised small,
traditional orchards' and a 'localised moderate impact of modern residential
development in villages.' The proposed development would not conflict with the
identified landscape character. The Landscape Officer has confirmed that they
have no objection to the proposed development.
Built Heritage
Saved local plan Policies GD2, SUR1, ENV12 and ENV14, and emerging SWDP
policy SWDP24 and national policy in the Framework, taken together, all require
that development should take account of the importance of heritage assets and
not cause material harm to them. Policies ENV12 and ENV14, in particular,
reflect the general duty, at s72 (1) of the Planning (Listed Buildings and
Conservation Areas) Act 1990, to pay special attention to the desirability of
preserving or enhancing the character or appearance of the conservation area
and at s66 (1) of that Act, amongst other matters, to have special regard to the
setting of listed buildings. To emphasise that duty the Courts have held that the
presumptive desirability of preserving heritage assets and their setting must be
given considerable importance and weight in the overall balance of
considerations.
The Upton Snodsbury Conservation Area is located approximately 40m from the
main application site, with part of the proposed access alterations to the existing
highway network located within the conservation area. The Conservation Officer
has confirmed that the principle of erecting 16 dwellings on the application site
would be acceptable, as the site is outside the conservation area. Thus although
there could be said to be an impact, this would constitute less than substantial
harm on the setting of the conservation area.
Whilst the Conservation Officer's comments that the character of the
conservation area could be eroded by the removal of hedges and introduction of
highway features such as double yellow lines, signage etc, no hedgerow removal
or double yellow lines are proposed as part of the highway works associated with
the proposed development.
It is not considered that the potential issue raised by third parties regarding the
impact of HGV traffic in close proximity to listed buildings could sustain an
objection to this planning application. The Conservation Officer has confirmed
that they are not aware of any national or local conservation policies that address
the impact of moving vehicles on listed buildings or conservation areas.
In conclusion on this section, and as considered by the Conservation Officer, the
proposed dwellings would pose no substantially harmful impact on the setting of
the conservation area.
Access and Highway Safety
The application site cannot currently be directly accessed from the local highway
network. The proposed development is to be accessed via a continuation of
School Lane through land currently occupied by a residential property known as
'Foxcroft'. In order to facilitate the proposed access to the site, the garage
adjacent to 'Foxcroft' will be demolished to facilitate a 4.8m wide access road. As
part of the access proposals, the priority at the School Lane / Chapel Lane
junction will be amended to allow the access road to become the major arm while
traffic on Chapel Lane will be required to give way to traffic entering or leaving the
application site.
Car parking is too provided on site to serve each proposed dwelling. Such
parking is to be provided to the current adopted standards, comprising of a
minimum of 2 spaces for two and three bed dwellings, and 3 spaces for four bed
dwellings. Pedestrian access to the rest of the village is to be obtained via the
existing School Lane and public footpath that runs from the proposed site access
to the rear of properties along School Lane, opening on to Church Lane to the
north.
It is understood that School Lane currently serves approximately 26 residential
properties, with Upton Snodsbury First School located at the top of the School
Lane, with the junction to Church Lane.
The highways authority considers that the proposed access is of sufficient width
to accommodate the development and that given the low design speed, the
likelihood of conflict between pedestrians and vehicles is low. The highway
authority are therefore not raising any objection to the proposed development,
subject to securing a contribution towards the Worcester Transport Strategy, and
the inclusion of suitable conditions and informative notes with any permission
granted.
It is noted that concerns have been raised with regards to the potential for street
lighting to be introduced to the development. Such details would be considered
under a Reserved Matters application. It is understood that the inclusion of street
lighting would depend on relevant County Highway regulations, should the
proposed access road be formally adopted.
The proposed development is adjacent to the existing public right of way that
runs adjacent to the eastern boundary of the application site. As per the
comments from the Countryside Access Mapping Orders Officer, it is considered
that the proposed development should have no detrimental effect on this public
right of way.
Residential Amenity
Without firm details of the proposed development, it is difficult to be certain on the
impact caused by the proposed development on the amenities of neighbouring
properties by virtue of loss of privacy and/or over-shadowing. However, the
indicative plan shows a scheme that would appear to be generally in line with the
Council's residential design guide. It is considered that the submitted illustrative
layout reasonably demonstrates that each of the proposed 16 residential units
could be served by a suitable level of private amenity. Furthermore, despite the
reduction in size of the existing plot, it is considered that existing property
'Foxcroft' would still be served by a reasonable amount of private amenity,
following the proposed works.
The submitted illustrative layout shows a distance of at least 35m from the
proposed dwellings and the rear elevations of the existing residential properties
along College Road and Pershore Road. Furthermore it is considered that the
submitted illustrative plans reasonably demonstrate that sufficient distance could
be maintained between residential properties along Chapel Lane to the north,
and the proposed built development, in order to retain sufficient levels of amenity
to these existing properties.
Natural Heritage
The submitted 'Ecological Assessment & Protected Species Report' identifies
that there is a small remnant orchard that would be lost as a result of the
proposed development. The loss of these trees is stated to be mitigated by the
planting of a replacement orchard which would be subject to long term
management under a habitat management plan.
There are a number of ponds within a 500m radius, most of which were
inaccessible at the time of the ecological survey. The report assumes that a small
population of great crested newts may be present, and a license from Natural
England would be required. It is understood that subsequent surveys of ponds
near the application site have now been undertaken. At the time of writing, the
results from the additional surveys are being collated. It is understood that the
further surveys indicate that there is a moderate, rather than a small, population
of great crested newts present in the area.
Most, if not all of the existing fruit trees are mature and two of them have been
identified as having some potential for roosting bats and were inspected
accordingly. As the bat survey was carried out relatively late in the season last
year, further bat surveys have been undertaken, the results of which are to be
submitted prior to the planning committee meeting.
A survey of the existing trees on the site for the noble chafer has also been
undertaken. Again, the results of this survey are to be submitted prior to the
planning committee meeting.
Given the presence of great crested newts near the application site, it would be
necessary to apply for a licence from Natural England before the development
can go ahead. This means that there is a need to assess the application against
the three derogation tests. Based on the outstanding information that is awaited
at the time of writing, with regards to the further bat, great crested newt and noble
chafer surveys, the derogation tests would be assessed once this information
has been received, and an update given to members prior to the committee
meeting.
A desk based survey of the application site identified an area of archaeological
potential which may be affected by the proposed development. Worcestershire
County Council's Historic Environment Planning Officer has recommended that
further information in the form of targeted trial trenching should be undertaken to
demonstrate the nature and significance of the heritage assets identified in the
desk based assessment. The trial trenching has been undertaken. The final
report is expected to be submitted prior to the committee meeting.
Flooding and Drainage
From historical data available, the southern end of the site is at risk from overland
flows crossing from west to east. This is confirmed by the Environment Agency
surface water flooding maps which show an area at medium risk. The proposed
development is situated well away from this location and is in an area of very low
risk of surface water flooding. Ground conditions suggest that infiltration means
of surface water disposal will not be acceptable. Therefore, surface water will be
channelled to an attenuation pond at the southern end of the site. The pond will
be designed to cater for the 1 in 100 year (+30% climate change) rainfall event
and have a restricted outfall. The existing culvert, that connects the ditch on the
west to the ditch on the east, is being replaced by a suitably sized ditch. In line
with the council's surface water SPD, a strip of land, at least 6m in width, must be
provided adjacent to the existing ditches in order to carry out necessary
maintenance. It is considered that a suitable drainage condition can be imposed
requesting the full drainage design and details of how the pond and ditch will be
managed.
As detailed in the PPG, the first presumption is for foul drainage to be dealt with
by existing mains. If this is not feasible then a package sewage treatment plant
should be considered. Septic tanks should only be considered if it can be clearly
demonstrated by the applicant where the other options are not feasible. The
applicant contacted Severn Trent Water prior to submitting the application.
Severn Trent Water confirmed their sewer records, with a public sewer running to
the east of the site under Pershore Road. They also confirmed that foul water can
be discharged to this existing public sewer. It is the intention for the proposed
development to connect to this existing public sewer.
Affordable Housing
The applicants are offering 5 new affordable homes as part of the development
of 16 new homes in total, a contribution of approximately 31% of the scheme.
The contribution meets the adopted local plan policy requirements, however it
falls short of the emerging SWDP policy requirement of 40% (6 units) on a site of
this size. The Housing Officer has confirmed that subject to agreeing details of
tenure, type etc, these affordable homes will help to meet some of the needs in
the local and wider area and therefore raise no objections to the proposal.
Given that this is an outline application, the precise mix and tenure will form part
of the reserved matters application, should outline permission be granted.
The provision and delivery of affordable housing will be secured through a
Section 106 agreement.
Planning Obligations
Planning obligations secured under Section 106 of the Town and Country
Planning Act are required in order to mitigate the impact of the development and
provide the necessary infrastructure provision in accordance with the saved
policies of the development plan and Supplementary Planning
Guidance/Documents as outlined in this report. The following Heads of Terms
have been identified:
Education
Contribution per dwelling consisting of £2577 per 2/3 bed house; £3866 per 4+
bed house; £1031 per 2+ bed flat/apartment.
Affordable Housing
On site contribution of 5 units.
Public Open Space
Total contribution of £14,128 based on 16 no. of 2+ bed units
Formal Sports and Leisure
Contribution of between £10,880 and £27,200 (dependant on occupancy figures)
for off-site formal sports provision to be used towards Pershore Sports Hub.
Built Sports Facilities
Contribution of between £12,260 - £17,300 (dependant on occupancy figures) for
off-site built sports facilities requirements to be used towards Pershore Sports
Hub.
Worcester Transport Strategy
Contribution of £16,303.93
Cycling Recycling
Contribution of £335 per unit. Total of £5,360.
Recycling
Contribution of £34.15 per dwelling. Total of £546
CIL Regulations
The above are requests comply with Regulation 122 (2) of the Community
Infrastructure Levy Regulations 2010 (as amended) and paragraph 204 of the
Framework in that they are necessary to make the development acceptable in
planning terms, directly related to the development, and fairly and reasonably
related in scale and kind to the development.
Human Rights
Article 8 of the Human Rights Act 1998 (as amended) states that everyone has
the right to respect for his private and family life. A public authority cannot
interfere with the exercise of this right except where it is in accordance with the
law and is necessary (amongst other reasons) for the protection of the rights and
freedoms of others. Article 1 of Protocol 1 of the Act entitles every natural and
legal person to the peaceful enjoyment of his possessions.
The law provides a right to deny planning permission where the reason for doing
so is related to the public interest. Alternatively, having given due consideration
to the rights of others, the local planning authority can grant planning permission
in accordance with adopted policies in the development plan.
All material planning issues raised through the consultation exercise have been
considered and it is concluded that by approving this application the council will
not detrimentally infringe the human rights of an individual or individuals.
Conclusion
In order for a recommendation to be made, it is necessary to undertake a
balancing exercise with regards to the provisions of the development plan; the
advice contained within the Framework (especially in terms of housing supply)
and the presumption in favour of sustainable development. Regard must also be
given to presence of other material planning considerations as outlined
throughout this report.
It is recognised that the council has significantly improved its 5 year supply of
housing. Even so, given the provisions of the Framework, significant weight
should be attached to the contribution this development will bring to the provision
of market housing. Also significant weight should be given to the need to promote
sustainable development in accordance with paragraphs 14 and 7 of the
Framework.
Where development plan policies are absent, silent or relevant policies out of
date, paragraph 14 of the Framework states that development proposals should
be granted permission unless the adverse impact of doing so would significantly
and demonstrably outweigh the benefits or that specific policies indicate that the
development should be restricted.
In this case, it is considered that the proposed development does not have an
adverse impact upon design and visual impact; residential amenity; highway
matters; surface water drainage, the conservation area and flooding or the
Framework as a whole.
There are three dimensions to sustainable development as set out in paragraph
7 of the Framework - namely the economic role; social role and environmental
role. These roles must not be considered in isolation and should be taken as
mutually dependent and being afforded equal weight.
An economic role - The development will provide construction jobs and enhance
the local economy through provision of housing. It will provide jobs in associated
trades necessary to ensure the efficient and sustainable development of the
scheme. The provision of housing will also help support local facilities through
additional custom. Therefore, the application delivers on this role.
A social role - It is considered that the proposed development will help supply
much needed housing and is generally well situated to local services. The
proposal will help to maintain a high quality built environment through good
design. The proposed development would also help meet the community's
housing needs by providing a level of affordable units. Therefore, the application
delivers on this role.
An environmental role - It is considered that, subject to the provisos set out
above, the development will be constructed without harmful impact upon
environmental or bio-diversity conditions. Indeed, there appears to be scope to
enhance the bio-diversity value of the site through imposition of suitable
conditions. Therefore, the proposal delivers on this role.
As the proposal accords with all of the above roles, it is considered that the
proposal constitutes sustainable development. This opinion is based upon the
assumption of all the above provisos being complied with.
8.
RECOMMENDATION
Approval of outline permission subject to:
(i) the submission of results of the further bat, great crested newt, and
noble chafer surveys, and no material planning objections raised by the
Landscape and Natural Heritage Officer;
(ii) the applicant entering into a legal agreement requiring the provision of
at least 30% affordable housing on the site, as well as contributions
towards education facilities; public open space; Worcester transport
strategy; recycling; cycling facilities; built sports facilities; and formal
sports and leisure facilities.
1.
Application for approval of reserved matters shall be made to the local planning authority
before the expiration of 18 months from the date of this permission. The development
hereby permitted shall be begun before the expiration of 12 months from the date of
approval of the last of the reserved matters to be approved.
Reason - In accordance with the requirements of Section 91 (1) of the Town and
Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory
Purchase Act 2004 and to ensure that the development will proceed promptly so as to
assist the council's housing land supply.
2.
Approval of the details of the siting, design and external appearance of the buildings,
and the landscaping of the site (hereinafter called "the reserved matters") shall be
obtained from the local planning authority in writing before any development is
commenced.
Reason - This permission is in outline only and further details of the reserved matters
are required to ensure satisfactory development.
3.
Demolition, clearance or construction work and deliveries to and from the site in
connection with the development hereby approved shall only take place between the
hours of 08.00 and 18.00hrs Monday to Friday and 08.00 and 13.00hrs on a Saturday.
There shall be no demolition, clearance or construction work or deliveries to and from
the site on Sundays or Bank Holidays.
Reason - To preserve the amenities of the locality, in accordance with saved Policy GD2
of the Wychavon District Local Plan (June 2006).
4.
No development shall take place, including any works of demolition, until a Construction
Method Statement has been submitted to, and approved in writing by, the local planning
authority. The approved Statement shall be adhered to throughout the construction
period. The Statement shall provide for:
i.
ii.
iii.
iv.
the parking of vehicles of site operatives and visitors
loading and unloading of plant and materials
storage of plant and materials used in constructing the development
the erection and maintenance of security hoarding including decorative displays and
facilities for public viewing, where appropriate
v. wheel washing facilities
vi. measures to control the emission of dust and dirt during construction
vii. a scheme for recycling/disposing of waste resulting from demolition and construction
works.
Reason - To protect the amenities of adjoining/nearby properties from unacceptable
adverse effects in accordance with saved Policy GD2 of the Wychavon District Local
Plan (June 2006)
5.
Development shall not begin until details of the works to Chapel Lane and School Lane
have been submitted to and approved in writing by the local planning authority, and the
development shall not be occupied until the scheme has been constructed in
accordance with the approved details.
Reason - To ensure the safe and free flow of traffic on the highway, in accordance with
saved Policy GD2 of the Wychavon District Local Plan (June 2006)
6.
Development shall not begin until the engineering details and specification of the
proposed roads and highway drains have been submitted to and approved in writing by
the local planning authority.
Reason - To ensure an adequate and acceptable means of access is available before
the dwelling or building is occupied, in accordance with saved Policy GD2 of the
Wychavon District Local Plan (June 2006)
7.
The development shall not be occupied until the roadworks necessary to provide access
from the nearest publicly maintained highway have been completed in accordance with
details submitted to and approved in writing by the local planning authority.
Reason - To ensure an adequate and acceptable means of access is available before
the dwelling or building is occupied, in accordance with saved Policy GD2 of the
Wychavon District Local Plan (June 2006)
8.
All existing trees and hedges on site, or branches from trees on adjacent land that
overhang the site, unless indicated on the approved plan(s) to be removed, shall be
retained and shall not be felled or pruned or otherwise removed.
Temporary fencing for the protection of all retained trees/hedges on site during
development shall be erected in accordance with BS5837:2012 before any materials or
machinery are brought onto site and before any demolition or development, including
erection of site huts, is commenced.
This protective fencing shall be maintained on site until the completion of development,
and nothing should be stored or placed, nor shall any ground levels be altered, within the
fenced area without the previous written consent of the local planning authority.
There shall be no burning of any material within 10 metres of the extent of the canopy of
any retained tree/hedge.
If any retained tree/hedge is removed, uprooted or destroyed or dies, replacement
planting shall be carried out in the first available planting season of such species, sizes
and numbers and in positions on site as may be specified by the Local Planning
Authority.
Reason - To prevent existing trees/hedges from being damaged during construction
work and to preserve the amenities of the locality. In accordance with saved Policies
SUR2, ENV7, ENV8 and ENV12 of the Wychavon District Local Plan (June 2006).
9.
The application for reserved matters shall include:
1. An Arboricultural Impact Assessment in accordance with BS5837:2012 and an
Arboricultural Method Statement for the protection of trees and hedges during
construction, and
2. a landscape scheme which shall include:
i) a plan(s) showing the planting layout of proposed tree, hedge, shrub and grass areas.
ii) a schedule of proposed planting – indicating species, size at time of planting and
numbers/densities of plants.
iii) a written specification outlining cultivation and others operations associated with
plant and grass establishment.
iv) a schedule of maintenance, including watering and the control of competitive weed
growth, for a minimum period of five years from first planting.
Reason - To protect and enhance the visual amenities of the area and to ensure the
satisfactory development of the site - in accordance with saved Policies GD2, ENV1,
SUR2, ENV7 and ENV8 of the Wychavon District Local Plan (June 2006).
10. None of the dwellinghouses hereby approved shall exceed two storeys in height
Reason - To protect the amenities of neighbouring properties and the visual
amenities/character of the area in line with saved Policies GD2 and ENV12 of the
Wychavon District Local Plan (June 2006)
11. In relation to the requirements of conditions 1 and 2, details of the floor levels of all
proposed buildings shall be submitted as part of any reserved matters application(s).
Any buildings approved shall be constructed at approved floor levels.
Reason - To ensure the satisfactory development of the site and in the interests of
amenity
Notes: