Planning Committee
-
19/06/2014
Application Number W/13/01794/OU
Site Address
Land, Froglands Lane, Cleeve Prior
Description of
Development
Outline application for a residential development of 20 dwellings.
Case Officer
Emma Worley
Applicant
Mr Farmer
Parish
Cleeve Prior
Ward Member(s)
Cllr Richard Lasota
Reason for
Referral to
Committee
Major application/
departure from
development plan
Expiry Date
09/12/2013
Key Issues
- Background whether the proposal is acceptable in principle
having regard to development plan policies, five year
housing land supply position and the provisions of the
NPPF;
- Amount of development and mix;
- Design layout and Visual Impact
- Heritage assets
- Residential amenities
- Natural Heritage
- Access and Highway safety
- Flooding and Drainage
- Affordable housing
- Other issues
- Planning obligations.
Recommendation
Approval subject to legal agreement
1.
SITE DESCRIPTION AND DETAILS OF PROPOSAL
The application seeks outline planning permission for the erection of up to 20
residential units on land adjoining the northern boundary of Cleeve Prior. The
application includes the provision of eight affordable housing units, which
equates to 40% of the development. All matters apart from access are reserved
for future consideration. An indicative layout plan has been submitted. This
shows the main access and private drive accesses serving six units off
Froglands Lane.
The site covers 0.86 hectares and is currently grazing land. It lies within the
Cleeve Prior Conservation Area and there are a number of listed buildings to the
south. A public footpath lies a short distance from the northern corner of the
application site
Residential development adjoins the southern boundary of the site with open
agricultural land to the north and east. Existing trees and hedges to the eastern
boundary are shown to be retained. Post and wire fencing, sections of hedge, a
number of trees and sections of a stone wall lies on the north western boundary
fronting Froglands Lane. A number of residential units and Top Farm (including
a farm shop and general store) lie on the opposite side of Froglands Lane.
The following documents have been submitted as part of the application;
- Revised Indicative Layout
- Proposed Access Plan
- Heritage Statement
- Archaeological Evaluation
- Design Code
- Affordable Housing Assessment
- Design and Access and Planning Statement (revised)
- Transport Report
- Drainage Strategy
The application is on the agenda as it is a major application and represents a
departure from policy. It has been advertised accordingly. The application
was the subject of a committee site visit at the request of the Local Member.
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)
GD2 (General Development Control)
GD3 (Planning Obligations)
RES4 (Conserving Water Resources)
SR5 (Minimising Car Dependency)
ENV1 (Landscape Character)
ENV6 (Protected Species)
ENV7 (Protection of wider Biodiversity)
ENV8 (Protection of Hedgerows, Trees and Woodlands)
ENV10 (Sites of Archaeological Significance)
ENV12 Conservation Areas (General)
ENV14 (Settings of Listed Buildings)
ENV18 (Development in Areas of Low and Medium Flood Risk)
ENV19 (Surface Water Run Off)
COM1 (Mix of Dwelling Types)
COM2 (Affordable Housing)
COM12 (Provision of Public Open Space)
SUR1 (Built 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
Other Material Planning Considerations
Affordable Housing SPG 2002
Developer Contributions towards Service Infrastructure SPG 2003
Developer Contributions for Education Facilities SPG 2007
Reuse of Buildings SPD 2007
Planning and Wildlife SPD 2008
Water Management SPD 2009
Water Cycle Strategy 2010
Residential Design Guide SPD 2010
Worcestershire 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.
Relevant policies include the following:SWDP1 (Overarching Sustainable Development Principles)
SWDP2 (Development Strategy and Settlement Hierarchy)
SWDP3 (Employment, Housing and Retail Provision Requirement and Delivery)
SWDP4 (Moving Around South Worcestershire)
SWDP5 (Green Infrastructure)
SWDP 6 (Historic Environment)
SWDP7 (Infrastructure)
SWDP13 (Effective Use of Land)
SWDP14 (Housing Mix)
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)
SWDP30 (Water Resources, Efficiency and Treatment)
SWDP33 (Waste)
SWDP 61 (Category 3 Village Allocations)
SWDP62 (Implementation)
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
Cleeve Prior Conservation Area Appraisal and Management Plan (2008)
Cleeve Prior Parish Plan
3.
RELEVANT PLANNING HISTORY
None.
Pre-application Engagement
None.
Public Consultation
None.
4.
CONSULTATION RESPONSES
Cleeve Prior Parish Council:
Object, concerns include;
- site is in Cleeve Prior Conservation Area, the Appraisal and Management Plan
- fields and features are of historical value, preservation of agricultural setting,
and the settings of the church and manor house
- Froglands Lane and site often flood, development will require considerable
improvements to existing drainage infrastructure
- scale in relation to village, increase in population density
- increased traffic and limited access to Froglands Lane
- lack of infrastructure, increased vehicle movement and carbon emissions
- approval would undermine Cleeve Prior Neighbourhood Development Plan
which is being prepared
- SWDP preferred options 2011 identified number of sites in village, however,
none allocated
- category 3 village, new housing should be restricted to; windfall sites within
development boundaries, local Initiatives including Neighbourhood Plans and
affordable Housing schemes - recent questionnaire to residents confirmed
consensus that fields around Froglands Lane should be protected and new
development confined to infill sites
- sustainable development of modest number of homes within village is generally
supported, planning applications for major development seek to circumvent the
local planning process
A Legal Opinion has been submitted on behalf of the Parish Council. The report
has been updated accordingly
County Highways Authority:
Internal layout at variance with County Councils Highway Design Guide in
relation to plots 14 to 21. Contribution sought towards Worcester Transport
Strategy of £3,194.35
Recommend conditions and notes
WCC Childrens Directorate:
All three schools from this development have spare places so no education
contribution requested.
Wychavon Land Drainage Engineer:
No historical or surface water flooding details. FRA suggests two possible
methods of surface water disposal, recommended condition to secure drainage
and rain water harvesting details
English Heritage:
English Heritage have made two representations : 23rd October 2013 and 26th
March 2014 - Summary - recommends that the application be adjudicated at
local level using the council's expert conservation and planning advice.
Site in question is included within Cleeve Prior Conservation Area as revised in
2008. Conservation Area appraisal makes regular reference to fields north of
Main Street. The site is considered historically important in itself as 'the open
space characteristically found behind frontage buildings in early settlements'.
The arrangement is stated to 'make a significant contribution to the character and
appearance of the village and reflect its origins and history'
The revised proposal does now take this appraisal into account. The indicative
layout has made a number of changes in the layout to leave more green space
and more open spaces. However English Heritage remains concerned as to
whether this issue has been accorded adequate significance. Noted Cleeve
Prior is a category 3 settlement and agree with this rating. We favour
development which is adjacent to the existing built form and is sensitive to the
character of the village. However understand the site was removed from
emerging SWDP due to is sensitivity in historical landscape terms.
Impact on listed buildings of lesser concern than the impact on the Conservation
Area. Recommend application determined in accordance with national and local
policy guidance, and on the basis of Council's specialist conservation advice
In relation to amended plans:
Note changes to layout and more open space and argument that there is more
extensive open space close by
Site is key to identified character of the conservation area.
Some frontage development along lane, leaving the bulk of the site open and
green, might be acceptable.
Ridge and furrow been eliminated towards frontage but no evidence that it is
missing from the rest of the site
Conservation area includes it and as a non-designated heritage asset within a
conservation area it should be retained.
Legislative duty to preserve and enhance the character of the conservation area.
New proposal proposes repair of hedgerows and sections of stone front
boundary which are positive changes; the latter would need approval of detailed
proposals to ensure it is in keeping with the local vernacular and the existing
fabric and to keep it rural rather than suburban in character
Layout of the houses along the frontage is not in keeping with the existing
character or local distinctiveness of the built fabric along this lane and within the
conservation area
Style of the houses may be considered at detailed planning stage the current
layout does not balance positively against the loss of the open field and the
negative impact on the character and significance of the conservation area
Consider impact of proposal on listed buildings in the village to be of lesser
concern than the impact on the Conservation Area as a whole and its setting
Maintain that effect on the latter will constitute harm to the significance of the
heritage asset.
County Archaeologist:
Impact of development on historic environment can be appropriately offset by a
conditional programme of archaeological work, recommend condition
Severn Trent Water:
No objection, recommend condition.
Community Development Manager:
Refers to ‘Nortoft’ report that identifies a need for a range of additional facilities
requirements, including sports hall provision (equivalent to 24 badminton courts)
as well as additional swimming capacity, athletics facilities, pitch provision and
identifying potential enhancements to existing sporting venues to cope for the
increased demand for sporting opportunities pertinent to this, and other,
proposed developments.
In terms of built sport facilities recommend off-site contribution of between
£16,858 and £23,788 (dependant on occupancy figures) to be used towards
South Wychavon Sports Hub.
Off site sports provision contribution of between £14,960 and £37,400 is sought
(dependant on occupancy figures) to go towards football provision in the
Littletons and/or South Wychavon Sports Hub
Housing Development Officer:
Proposal includes 7 affordable homes out of 20, contribution of 35% of the
scheme (5 x two bed house and 2 X one bed houses (affordable rent) and 1 x
two bed house and 1 x three bed house (shared equity)). Evidence of need for
the affordable housing is as follows:- Strategic Housing Market Assessment (2011/12) - High needs in the District,
167 new homes needed each year
- Home Choice Plus information (23.10.13) - 325 households who have selected
Cleeve Prior as an area of preference, also in 'significant need'
All affordable units will meet the HCA's Design & Quality Standards and shall be
tenure blind, should also meet the minimum space standards as set out within
the Council's Affordable Housing SPG (2002)
In terms of affordability, have clause for social or 'capped' affordable rents that
could offer some flexibility at reserved matters stage however we will still be
looking to negotiate social rent levels at that stage unless there are significant
viability issues or there is HCA grant attached to the scheme (which is unlikely).
With the intermediate homes, affordability will be considered as part of
supporting the final scheme or not.
5.
REPRESENTATIONS RECEIVED
34 letters/emails received
6.
Representations Made
- increase in already very heavy and noisy traffic
- highway safety
- junction of Froglands Lane and Main Street - restricted visibility and speeding
traffic, HGV's
- access via narrow lane, unsuitable to serve development
- lack of footpaths limited opportunity to provide footpaths
- lack of off street parking serving existing residential properties on Froglands
Lane and Main Street, results in significant on road parking on Froglands Lane
- adverse impact upon character, beauty, landscape setting and history of the
village
- overbearing within the site context:
- will detract from local tourism and leisure pursuits
- will set president for further development which will lead to the demise of the
village structure and community
- site falls within the Conservation Area, which is a 'heritage asset' in planning
terms
- will not preserve or enhance the Conservation Area
- site is important local green space which should be protected
- site and lane is at heart of village, well used by local residents and visitors, who
enjoy walking and enjoying views from this area
- number of dwellings is excessive, 10% of the existing number of houses in the
village
- query need for additional houses, large number for sale in village
- size, density and scale of development out of character with village
- application lacks necessary detail to properly assess the likely impact of the
development
- indicative layout shows suburban housing, out of character with general
settlement pattern which is predominantly frontage development
- adverse effect on the dispersal of rainwater towards the lower end of the village
- site is at risk of flooding and did in 2007
- sensitivity and size of the site warrants the preparation and submission of a
draft drainage strategy to demonstrate that the proposal would not lead to the
risk of flooding in the locality
- impact upon setting of listed buildings in Froglands Lane, views of English
Heritage should be sought on this matter
- conservation village, development should be restricted to infilling within the
village boundaries
- historical value of land, one of the few remaining ridge and furrow fields
remaining and this should be preserved
- lack of archaeological assessment, some archaeological interest has been
recorded in the area
- site outside development boundary, not allocated for development in either
Local Plan or emerging SWDP
- site was identified with others as preferred option in SWDP but was not
considered suitable for allocation
- more appropriate sites elsewhere
- loss of agricultural land
- unsustainable, lack of infrastructure to support development
- category 3 village having only one key service, therefore not able to sustain any
significant scale of development
- not preferred location of residents for future development in village this will be
done through Neighbourhood Plan
- Localism Bill and NPPF plans to give direct power to local communities to plan
the areas in which they live, village in process of preparing Cleeve Prior
Neighbourhood Development Plan, results of recent survey should be taken into
account
- query need given the huge number of new houses built in Wychavon and the
vast numbers of applications to build currently under review
- should consider re-use of existing empty buildings and brownfield sites
- shortfall in affordable housing - should be 40%
- limited evidence of need for affordable housing
- village needs more family homes within its Affordable Housing stock to
compliment the existing smaller home provision
- Phase 1 Habitat Survey including site visit should have been undertaken, desk
based assessment only acknowledges known presence of protected species
- ecology report states no aquatic habitats within the site, does not consider
impact of development on two small but well established ponds nearby
- site and area immediately surrounding is known to be a nesting and feeding
ground for rare and/or protected birds and animals
Additional comments received in relation to amended plans;
- changes do not address concerns, objections still stand
- heritage statement takes no account of the heritage value accrued by
preservation of open space which is integral to nature and character of the village
- impact upon views from footpaths that run parallel to Main Street
- reducing number of houses and adding open space will do nothing to reduce
impact upon Conservation Area
- loss of high quality agricultural land
- potential damage to, or pollution of, the underground spring system which feeds
wells in the village, concern over ability of existing Victorian system to cope with
additional flows
- more appropriate potential sites within village to expand it in keeping with the
general 'grain' that exists
- conflicting information in drainage report
- substantive differences between Malpas appeal and proposal; only small part of
site was within the Conservation Area, application site entirely within CA, harm
greater, modern housing abutted appeal site, in Cleeve Prior the historic village
abuts the site with no modern housing nearby, no Conservation Area character
appraisal in appeal case, Cleeve Prior Appraisal (2008) makes extensive
reference to fields and views and connection of the village buildings to its history
- part of golden thread of sustainable development set out in the NPPF includes
heritage protection, development that goes against this aspect of the
environmental element of the 3 strands of sustainability may not result in
sustainable development, so Para 49 may not be engaged!
- core principle of NPPF to promote heritage conservation, also statutory duty
- para 65 highlights designated assets for consideration
- lack of 5 year land supply on its own cannot reasonably be considered to
outweigh heritage protection
- all issues do not carry the same weight Town and Country Planning (Listed
Buildings and Conservation Areas) Act 1990 section 72 requires that 'special
attention' shall be paid to the desirability of preserving or enhancing the character
or appearance of that area', 'special attention' gives enhanced weight to matters
relating to the Historic Environment in the planning balancing exercise of
competing interests, similar enhanced 'special' weight is given to Conservation
Areas in the 1990 Act
- if special attention not paid to conservation heritage interests then a legal
challenge could result as this is not a simple balancing exercise
7.
OFFICER APPRAISAL
The main considerations in the assessment of this proposal are:- Background whether the proposal is acceptable in principle
having regard to development plan policies, five year
housing land supply position and the provisions of the
NPPF;
- Amount of development and mix;
- Design layout and Visual Impact
- Heritage assets
- Residential amenities
- Natural Heritage
- Access and Highway safety
- Flooding and Drainage
- Affordable housing
- Other issues
- Planning obligations.
Whether the proposal is acceptable in principle having regard to development
plan policies, five year housing land supply position and the provisions of the
NPPF.
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 lies
outside (albeit adjoining) the defined development boundary of Cleeve Prior.
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, AONB or designated heritage assets) 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 material to this decision.
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. That 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
Cleeve Prior is classified as a Category 3 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 less
than 100 m from the application site. A farm shop is opposite the application
site, and the village includes a primary school, school and public house. Whilst
Cleeve Prior 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.
An area of land to the east of Froglands Lane, which forms part of the application
site, was identified for development of 8 dwellings in the SWDP Preferred
Options (reference SWDP25/3) (November 2011). During the Significant
Changes consultation in August 2012 it was proposed to delete the site due to
the fact that the site fell within the extended Conservation Area (2008) and the
impact upon the setting of the historic landscape. At this stage consultation was
carried out regarding proposed residential development on an alternative site on
land to the rear of the school for 12 dwellings, but this was also later deleted due
to highway concerns. Therefore, to confirm, there are no proposed allocations
in the SWDP for Cleeve Prior.
Amount of Development and Mix
Emerging Policy SWDP13 (Effective Use of Land) states new development in
villages should be provided at a density of 30 dwellings per ha (dph). The policy
however recognises that where developments abut open land or sensitive
locations their design should reflect the sensitivity of those areas. This
application proposes up to 20 dwellings on 0.67 hectares of land (excluding land
for green infrastructure which covers 0.19 ha). This represents a net density of
approximately 30 dwellings per hectare. This is considered appropriate in an
edge of village location.
Policy SWDP5 Green Infrastructure of the SWDP seeks 20% green
infrastructure on greenfield sites less than 1 hectare but more than 0.20ha. The
proposal includes a total of 0.19 hectares of green infrastructure comprising of a
village green area and additional landscaping. This equates to approximately
22% and would therefore accord with Policy SWDP5.
Policy COM1 applies to proposals of 10 or more dwellings in the three towns and
5 or more homes elsewhere. It seeks to ensure proposals incorporate a mix of
dwelling types, sizes and affordability that reflect and respond to the housing
needs of the individual settlements. In applying the policy, regard will be had to;
- the diversity of dwelling types and sizes proposed but taking into account the
overall scale of the development and the physical characteristics of the site;
- the existing stock of housing in the settlement; and
- the findings of any relevant evidence of housing need or Parish Plan.
The policy aims to provide local choice, build balanced communities and avoid
large concentrations of housing of similar characteristics. 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 bedroom dwellings - 35% of the total number of market homes
4 and 4+ bedroom dwellings - max 30% of the total number of market homes
The application (as amended) includes the following mix of open market housing
units;
4 X two bed units = 31 % of open market dwellings
5 X three bed units = 38 % of open market dwellings
4 X four bed units = 31 % of open market dwellings
This mix of open market dwellings would generally reflect that set out in the
Position Statement and is therefore considered to be acceptable.
Design, Layout and Visual Impact
The application is outline with matters of appearance, layout and scale reserved
for future consideration. Notwithstanding this an indicative layout has been
submitted as well as a Design Code and Heritage Statement. Amended plans
show twenty units as well as an area of on site public open space. The Design
Code indicates key characteristics of the proposed development, including two
storey dwellings of a simple plan form and traditional architectural detailing
including painted timber joinery, dormer windows and chimneys.
The indicative layout shows the continuation of the frontage style development
along Froglands Lane which would reflect the layout of the residential
development adjoining the western corner of the site. Subject to these
dwellings being of appropriate scale and design, this edge of the development
would create an attractive streetscene. The northern boundary to the application
site is currently open to the agricultural land to the north. The proposed
continuation of the hedge planting to the northern site boundary is welcomed as
this will soften the interface between the proposed development and the open
countryside. The proposed dwellings adjacent to this boundary are shown to be
set in from the site boundary, with the side elevation of three units potentially
facing north. Subject to the use of appropriate boundary treatment it is
considered that the proposed built form immediately adjacent to the agricultural
land to the north would not appear unduly dominant or visually intrusive in the
wider rural landscape. Furthermore, when viewed from the north and east the
site would be seen against the backdrop of the existing village. As a result of
the flat topography and intervening vegetation/built form it is considered that the
site is not highly visible in the wider landscape.
There is a public footpath that runs partly along Froglands Lane that starts at a
point a short distance to the north of the application site. The development
would be visible from the public footpath and would affect public views from
Froglands Lane towards the church and other buildings within the Conservation
Area. However, any impact upon the enjoyment of the footpath would be
localised as most of these buildings would be visible from the public footpath
further along Froglands Lane. As such, it is considered that the enjoyment of
views from the public right of way to the edge of the village (and appreciation of
the village's heritage assets) would be localised and would not be significantly
reduced as a result of the proposed development.
There are a number of semi-mature trees along the boundary of the site fronting
Froglands Lane, which are protected by Conservation Area legislation. These
have amenity value, being within the public realm. The amended indicative
layout appears to retain all of the existing trees on this site which are mostly
hedgerow trees. Furthermore, the proposed building footprints are located
sufficiently far from existing trees to allow them to develop naturally without
affecting garden area usage.
Heritage Assets
Saved Local Plan Policies GD2, SUR 1, ENV12 and ENV14, and emerging
SWDP3 policy SWDP 24 and 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 give special attention to the desirability of preserving or
enhancing the character or appearance of the CA 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 the desirability of preserving the
setting of a conservation area and listed buildings must be given considerable
importance and weight in the overall balance of considerations.
With regards to the duty of decision makers when considering the impact of
development on listed buildings or their setting and also relating to conservation
areas, a recent Court of Appeal decision (Barnwell v East Northamptonshire)
states that preserving means 'doing no harm' (para 16). It goes on to state, on
para. 19, that 'the conclusion that the development will neither enhance nor
preserve will be a consideration of considerable importance and weight. This
does not necessarily mean that the application for permission must be refused,
but it does in my view mean that the development should only be permitted if the
decision-maker concludes that it carries some advantage or benefit which
outweighs the failure to satisfy the section [72(1)] test and such detriment as may
inevitably follow from that'.
The Framework states that local planning authorities should take account of the
desirability of sustaining and enhancing the significance of heritage assets (para.
131). It advises that the impact of a proposed development on the significance
of a designated heritage asset should be considered and its conservation given
great weight (para. 132). The Framework sets out advice on how to assess
proposals that cause substantial or less than substantial harm to the significance
of a designated heritage asset. The PPG provides a definition of 'substantial
harm' to the significance of heritage assets and their setting (para 017). It
highlights that what matters in assessing if a proposal causes substantial harm is
the impact on the significance of the heritage asset, including its setting. The
advice states that in general terms, substantial harm is a high test, so it may not
arise in many cases.
Officers agree with English Heritage's view that the impact of the proposal on the
listed buildings in the village to be of lesser concern than the impact on the
Conservation Area as a whole and its setting. English Heritage do not suggest
that the proposal would cause harm to the setting of any individual listed building.
There are very limited glimpses of the site from listed buildings in the village sited
along the Main Street. Similarly, when looking towards the village from the site,
listed buildings are barely visible, apart from the distant top of the church spire.
As such very little, if any, harm would be caused to the setting of any listed
buildings.
There is a local list historic park and garden in Cleeve Prior at The Manor House.
However, given the space between the park and garden and the application site
it is considered that the proposal would not have a major impact upon the historic
park. An Archaeological Evaluation has been carried out and submitted as part
of the application. The County Archaeologist has raised no objection subject to
a condition to secure a programme of archaeological work.
Therefore the main issue for consideration is whether building upon the open
field would cause harm to the conservation area and if so the level of harm that is
caused. Members are reminded the general duty set out in section 72 of the
Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990
that requires special attention be paid to the desirability of preserving or
enhancing the character or appearance of conservation areas.
Cleeve Prior conservation area loosely coincides with the extents of the historic
core of the village. It is a predominantly linear settlement focused along its main
axes, namely Bidford Road/Main Street, with most traditional properties
scattered flanking this thoroughfare. Fields surround most fringes of the village.
These fields are green fields with no built elements either on them or facing them
in an intended or planned inter-relationship or manner. As such these fields
relate to the village mainly as a backdrop or 'setting'. The conservation area
boundary was revised in 2008 to include a substantial area of agricultural land to
the north of the built up part of the village. The area comprises fields to the rear of
the properties on the north side of Main Street, where the application site is
located. Para 3.23 of the Conservation Area Appraisal and Management Plan
highlights that the retention of these fields and their features is important to
understanding the historical development of the village, as well as to the
preservation of its agricultural setting, as well as the settings of the church and
manor house.
It is understood that in 2008 these fields were included within
the conservation area boundary because they provide this backdrop to the
village, and also because the conservation area appraisal (2008) identifies the
presence of 'ridge and furrow' on these fields. It should be noted that the ridge
and furrow would not be classed as a 'designated heritage asset' in NPPF /
NPPG terms, although is not without any archaeological and historic
significance.
The Heritage Statement submitted as part of the application concludes that,
subject to the detailed design and layout the proposal should not affect the
appearance of the built up core of the designated conservation area and on this
basis does less than substantial harm to the heritage asset.
The Planning Practice Guidance provides advice on significance and
establishing the level of harm caused in context of heritage assets. Also a
recent appeal decision (January 2014) in Cheshire is comparable to the proposal
for residential development. The Inspector provides clarification of the term
harm and less than substantial harm. The case involved new residential
development on a site part of which lay within a conservation area and gave
rise to the loss of an open gap which contributed to the character and
appearance (and therefore significance) of the heritage asset ie. the
conservation area. The gap also provided a link with (and appreciation of) the
relationship between the village and the countryside that surrounds it and which
has had a historic link with the conservation area. The proposals would
substantially restrict these views. The development would therefore 'limit the
appreciation of the historic link between the village and the countryside…to the
detriment of the conservation area'. As such it was considered that the
development would cause harm, albeit less than substantial harm, to the
significance of this heritage asset. (para.78 refers). The Inspector noted that the
scheme would not be readily apparent from the main core of the village and so
not detract from the character or appearance appreciated from this part of the
conservation area.
The application site forms only part of the agricultural land in the conservation
area to the north of the village. The significant majority of the agricultural land
will remain. Even so, the development will have some impact upon the historic
agricultural setting of the village. Whilst not highly visible from the historic core
of the village and main road, the development will encroach into the surrounding
agricultural and valued setting.
Having considered all comments, as well as
the recent government advice set out in the PPG, it is felt that the proposal will
cause less than substantial harm to the conservation area. However the harm
caused should be given considerable importance and weight.
Residential Amenity
The submitted layout is indicative only, with detailed design and the precise siting
of the dwellings to be agreed as part of a reserved matters application. The
submitted information suggests the number of units proposed can be
accommodated without an adverse impact upon the amenities of the occupiers
of the adjoining residential properties through loss of light, outlook or light.
Natural Heritage
The application is accompanied by an Ecological Appraisal, the main issues with
regard to protected species relates to great crested newts. The two ponds
nearest to application site have excellent suitability to support great crested
newts. There is also some potential habitat for shelter within the dry stone wall
along Froglands Lane and the hedgerow on the eastern boundary. Both the
hedge and dry ditch alongside the dry stone wall are suitable dispersal routes, it
therefore cannot be entirely dismissed that great crested newts disperse across
the site. The proposal includes the re-building of the dry stone wall, which will
provide continued shelter for amphibians and the existing hedge on the eastern
boundary is to be retained with further hedge planting proposed. The proposed
access road and driveways will break wildlife corridor on the western boundary,
however additional hedge planting has the potential, in the long term, to enhance
dispersal corridors in a different direction (in order to ensure that corridor can be
retained and maintained in perpetuity, it should not be part of individual gardens
but should ideally be managed as part of the overall open space). Construction
works could disrupt dispersal of great crested newts during development when
site surrounded by an exclusion fence for amphibians, however this would be
temporary and harm to individual animals can be avoided by applying
precautionary measures but there is some risk of disturbance.
When assessing whether license is required or not in accordance with the
Conservation of Habitats and Species Regulations 2010 the key issue is whether
disturbance is likely to be significant and whether it is likely to have a significant
effect on the ability of a significant group of animals to survive or breed. There is
no indication that the dry ditch along the front of the application site is an
important link from the pond to good terrestrial habitat. Officers therefore
believe that it is reasonably unlikely that the disturbance is likely to be significant
and that the development will lead to an offence under the Conservation of
Habitats and Species Regulations 2010.
It is recommend presence / absence surveys are carried out on the 2 nearby
ponds prior to the reserved matters application in order to provide more
information on whether or not great crested newts are in fact breeding in them
and an indication of the population size, will help inform level of caution required
and to design appropriate enhancement measures. A condition to secure
necessary precautionary, mitigation and enhancement measures is also
recommended.
Access and Highway Safety
Access is proposed via a shared access drive from Froglands Lane, with the
proposed residential units fronting Froglands Lane having individual vehicular
access points directly from the highway. The Highway Authority has raised no
objection to the proposal on highway safety grounds subject to conditions and a
financial contribution towards the Worcestershire Transport Strategy. As such,
refusal on these grounds could not be justified.
Flooding and Drainage
The site lies within Flood Zone 1 and there are no record of historical surface
water flooding on the application site. There is no evidence that the site will be
at flood risk. The Flood Risk Assessment submitted as part of the application
suggests two possible methods of surface water disposal, the ground
investigation survey confirms infiltration methods of surface water disposal are
satisfactory. All internal roads and hard standings are to be surfaced using
permeable materials. Roof water will discharge to attenuation cells situated
above the highest recorded ground water level. The FRA suggests further
infiltration tests will be carried out at the design stage to confirm the ground water
level. Should it be found that the level has risen substantially an alternative
means of surface water disposal will be considered.
A condition is
recommended to secure details of drainage and also rain water harvesting in
accordance with the council's Water Management SPD.
The drainage strategy indicates that a connection to main sewer in Main Road
will provide drainage for foul water. Connection to mains is the preferred
method of dealing with foul water and no objections have been raised by Severn
Trent.
Affordable Housing
The proposal includes eight affordable units in total which equates to 40% of the
scheme which would reflect emerging policy SWDP15.
This includes six units
for affordable rent (1 X three bedroom, 3 X two bed and 2 X one bed dwellings)
and two shared equity properties (1 x two bed and 1 x three bed). Subject to
agreeing the model for both the rented and shared equity units (to ensure
affordability), the proposed mix of property types and tenures will help to meet
some of the needs in the local and wider area. The one bedroom homes will help
to meet the needs of local singles and couples who will not qualify for a two
bedroom property. A Section 106 legal agreement will include a cascade
mechanism for allocating these homes which gives preference to local people
and if there are insufficient numbers, will widen out to adjacent parishes and then
to the district as a whole.
Other Issues
Third party objections raise concern that granting permission will prejudice the
Cleeve Prior Neighbourhood Plan process. A Neighbourhood Area is now
statutorily designated however the production of a neighbourhood plan is at a
very early stage. NPPF advises that only limited weight can be attributed to
emerging development plan documents that are not yet submitted for approval.
Concerns over how planning permissions may affect the neighbourhood plan
process are appreciated, however appeal decisions from elsewhere in the
country have shown that Inspectors and the Secretary of State rarely give
significant weight to such concerns, particularly when neighbourhood plans are
at an early stage. Members are informed of the situation, but advised to afford
these concerns little weight in the determination of the application.
Planning Obligations
In order to comply with the 2010 CIL Regulations (as amended) all requests for
financial contributions and affordable housing must adhere to the requirements
outlined under paragraph 122 (2) of the Regulations 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. Additionally, the proposals must comply with saved Policy GD3
of the Wychavon District Local Plan. Planning obligations will be secured under
Section 106 of the Town and Country Planning Act 1990 (as amended) and are
required in order to mitigate the impact of the development and provide the
necessary infrastructure provision in accordance with the abovementioned
saved policies of the development plan and Supplementary Planning
Guidance/Documents as outlined in this report.
The following contributions have been identified as being CIL compliant and in
accordance with those policies. The applicants are aware of the requests
outlined below and have agreed in principle to a S106 on this basis.
Consequently, Section 106 contributions should be sought against the provisions
of emerging Policy SWDP 45/4, saved Policy GD3 of the Wychavon District
Local Plan and the Developer Contributions SPGs.
The application includes 0.103 ha of general on site open space. This falls
below the required amount as set out in the council's Developer Contributions
SPG. Subject to a financial contribution in lieu of the shortfall in children's play
space of £14,952 and arrangements to secure the provision and future
management of the on site public open space, this aspect of the proposal is
considered to be acceptable.
Contribution towards recycling of £34.15 per dwelling; 20 X 34.15 = £683
Cycling contribution of £335 per unit is required towards improving cycling
infrastructure in particular the cycle link between site and Evesham are, total
contribution of £7,370
Contribution towards off site built sport facilities of between £16,858 and
£23,788 to be used towards South Wychavon Sports Hub
Contribution towards off-site formal sports pitch provision of between £14,960
and £37,400 (depending upon size of dwellings) is sought to go towards football
provision in the Littletons and/or South Wychavon Sports Hub
Contribution towards the Worcester Transport Strategy of £3,194.35
Conclusion
Paragraph 6 of the Framework states that the purpose of the planning system is
to contribute towards the achievement of sustainable development. At the heart
of the Framework is a presumption in favour of sustainable development which
should be seen as a golden thread running through decision making (paragraph
14). Housing applications should be considered in the context of the
presumption in favour of sustainable development (paragraph 49). It is
therefore relevant in the determination of this appeal to consider whether the
proposal represents sustainable development.
The Government's view on what constitutes sustainable development is set out
in paragraphs 18 to 219 of the Framework. In addition, paragraph 7 sets out the
three dimensions to sustainable development - economic, social and
environmental roles. Paragraph 8 states that these roles should not be taken in
isolation, because they are mutually dependent. In light of the provisions of the
Framework it is necessary to consider if and how the proposed development
meets the economic, social and environmental roles:economic role - the construction of the proposed development will contribute to
the economy with regards to supporting the growth of the housing market, which
in turn can support employment. While of a modest scale, the proposed
development will also support local businesses and facilities; and
social role - the proposed development would represent a high quality built
environment and will make a valuable contribution towards meeting housing
needs, including affordable housing. The development would be close and
accessible to several local businesses and community services, thereby allowing
easy integration with an established community; and
environmental role - the proposed development will change the appearance of
the site and lead to the loss of an area of undeveloped open land that is located
within the conservation area. Having regard to the provisions of the
Framework and PPG, it is considered that the proposal would result in 'less than
substantial harm' with regards to the significance of the conservation area and
the setting of listed buildings. Considerable importance and weight should be
attached to this harm. Even so, through sensitive design and landscaping the
impact of the development will be minimised and indeed the proposed provides
an opportunity to enhance some elements of the environment.
Having regard to the provisions of the Framework, the proposal is considered to
represent sustainable development. The proposed development is contrary to
the current development plan. However, given the council's lack of a five year
supply of housing land and support for sustainable development in the
Framework, it is considered that residential development of the scale proposed
in this location is acceptable in principle. Even when attributing considerable
importance and weight to harm caused to the conservation area and setting of
listed buildings, the benefits of the scheme are not significantly and
demonstrably outweighed by the adverse impacts of the scheme. As such,
officers recommend approval.
A shortened time period for submission of a reserved matters application is
justified by the need to boost the supply of housing. As the applicant is not a
developer, a condition requiring the submission of the reserved matters
application within 18 months and the commencement of development within 12
months is reasonable.
8.
RECOMMENDATION
Approval subject to the applicants entering
in to a S106 Legal Agreement to secure;
- the provision of affordable housing
- secure arrangements to ensure the provision and future management of
the on-site public open space, contributions towards the provision of
off-site children's play space, off site built sports facilities and formal
sports pitch provision, recycling, cycling facilities and a financial
contribution to the Worcestershire Transport Strategy all as set out in the
agenda report.
1.
Application for approval of reserved matters shall be made to the Local Planning
Authority before the expiration of 18 calendar 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.
2.
Approval of the details of the appearance, landscaping, layout and scale of the
building(s) (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
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. the parking of vehicles of site operatives and visitors
ii. loading and unloading of plant and materials
iii. storage of plant and materials used in constructing the development
iv. 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;
viii measures to prevent pollution incidents and protect water quality during the
construction of the approved development.
Reason - To protect the amenities of adjoining/nearby properties from unacceptable
adverse effects in accordance with policy GD2 of the Wychavon District Local Plan
(June 2006).
5.
Any application seeking approval of landscaping reserved matters shall include:
1. survey information of all existing trees and hedges on the application site, and
branches from trees on adjacent land that overhang the site. The survey shall include for
each tree/hedge:
i) the accurate position, canopy spread and species plotted on a plan.
ii) an assessment of its general health and stability.
iii) an indication of any proposals for felling or pruning.
iv) details of any proposed changes in ground level, or other works to be carried out,
within the canopy spread.
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.
The approved landscape scheme shall be implemented by the end of the first planting
season following the first occupation of the dwellings hereby approved.
Reason - To preserve and enhance the visual amenities of the area and to ensure the
satisfactory development of the site - in accordance with Policy GD2, Policy ENV1,
Policy ENV12, Policy SUR2, Policy ENV7 and Policy ENV8 of the Wychavon District
Local Plan (June 2006).
6.
All existing trees and hedges on site, or branches from trees on adjacent land that
overhang the site, unless indicated to be removed as part of any reserved matters
approval, shall be retained and shall not be felled or pruned or otherwise removed within
a period of five years from the completion of the development without the previous
written consent of the Local Planning Authority.
Temporary fencing for the protection of all retained trees/hedges on site during
development shall be erected, to a minimum height of 1.2 metres, below the outermost
limit of the branch spread, or at a distance equal to half the height of the tree, whichever
is the further from the tree.
Such fencing should be erected in accordance with BS 5837:2005, 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 Policy SUR2 (and
ENV7 where site has nature conservation value, and ENV8 for protection of existing
hedgerows, trees & woodland) of the Wychavon District Local Plan (June 2006).
7.
Notwithstanding the information submitted with the application and prior to the
commencement of development hereby approved the following details shall be
submitted to the Local Planning Authority for approval in writing:- details on how renewable energy measures are to be incorporated into the proposed
development;
- details of measures to conserve and recycle water to be incorporated into the proposed
development;
- details of energy efficiency measures to be incorporated into the proposed
development; and
- details of construction materials to be used in the proposed development with the aim
of minimising the use of primary non-sustainable materials.
The approved measures shall be implemented and incorporated into the approved
development in line with an implementation timetable to be submitted and approved in
writing by the local planning authority prior to the commencement of development.
Reason - To ensure the prudent use of natural resources.
8.
Unless where otherwise required under the provisions of any other condition attached to
this planning permission, the development hereby permitted shall be in accordance with
the general layout and design principles as shown/specified on the Illustrative Outline
Layout drawing numbered BM003-001 Rev G and as set out in the Design Code and the
Design and Access and Planning Statement (revised) dated 22 January 2014. Any
reserved matter application shall include a statement providing an explanation as to how
the design of the development responds to and complies with these documents.
Reason - To ensure the approved design represents high quality inclusive design in
accordance with Policies GD2 and SUR1 of the Wychavon District Local Plan 2006.
9.
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 policy GD2 of the adopted Wychavon District
Local Plan 2006
10. In relation to the requirements of conditions 1 and 2, details of the facilities for the
storage of refuse for all proposed buildings within the development shall be submitted as
part of any reserved matters application(s). No individual dwelling shall be occupied until
approved refuse storage facilities to serve that dwelling have been constructed in
accordance with approved details.
Reason - To ensure the proposed dwellings have adequate refuse storage facilities.
11. The development hereby permitted shall include at least 0.1030 hectares of public
open/amenity space. The information submitted with any reserved matters application
shall include details of any landscaping features (including ponds etc) to be included
within the public open/amenity space area(s).
Prior to the commencement of development, details of when the public open/amenity
space is to be provided and how the public open space is to be maintained shall be
submitted to and approved in writing by the Local Planning Authority. The amenity/open
space shall be provided and laid out in accordance with the approved details and
maintained in accordance with the approved maintenance details.
Reason - To ensure the provision and maintenance of an adequate amenity/open space
to serve the proposed development and to help ensure the development
enhances/protects the biodiversity value of the site.
12. 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 - In the interests of amenity.
13. The main vehicular access to the development hereby permitted shall be carried out in
accordance with the details as shown on the Outline Layout drawing TJA drawing
number 001 Rev F.
Reason - To define the permission.
14. 1) No development shall take place until a programme of archaeological work, including
a Written Scheme of Investigation, has been submitted to and approved by the local
planning authority in writing. The scheme shall include an assessment of significance
and research questions; and:
a. The programme and methodology of site investigation and recording.
b. The programme for post investigation assessment.
c. Provision to be made for analysis of the site investigation and recording.
d. Provision to be made for publication and dissemination of the analysis and records of
the site investigation
e. Provision to be made for archive deposition of the analysis and records of the site
investigation
f. Nomination of a competent person or persons/organisation to undertake the works set
out within the Written Scheme of Investigation.
2) No demolition/development shall take place other than in accordance with the Written
Scheme of Investigation approved under condition (1).
3) The development shall not be occupied until the site investigation and post
investigation assessment has been completed in accordance with the programme set
out in the Written Scheme of Investigation approved under condition (1) and the
provision made for analysis, publication and dissemination of results and archive
deposition has been secured.
Reason - In accordance with the requirements of paragraph 141 of the National
Planning Policy Framework.
15. Landscaping reserved matters application shall include a plan indicating the positions,
design, materials and type of boundary treatment to be erected. The boundary
treatment shall be completed before the dwellings hereby approved are first occupied or
in accordance with a timetable agreed in writing with the Local Planning Authority.
Development shall be carried out in accordance with the approved details.
Reason - In order to ensure that there is an acceptable form of screening with
adjacent properties.
16. The development hereby permitted shall not commence until drainage plans for the
disposal of surface water and foul sewage have been submitted to and approved in
writing by the Local Planning Authority. The scheme shall be implemented in
accordance with the approved details before the development is first brought into use
Reason - To ensure that the development is provided with a satisfactory means of
drainage as well as to reduce the risk of creating or exacerbating a flooding problem and
to minimise the risk of pollution.
17. Before any other works hereby approved are commenced, visibility splays shall be
provided from a point 0.6m above ground level at the centre of the access to the
application site and 2.4 metres back from the nearside edge of the adjoining
carriageway, (measured perpendicularly), for a distance of 36 metres in each direction
along the nearside edge of the adjoining carriageway. Nothing shall be planted, erected
and/or allowed to grow on the triangular area of land so formed which would obstruct the
visibility described above and these areas shall thereafter be retained and kept available
for visibility purposes at all times.
Reason - In the interests of highway safety.
18. Development shall not begin until engineering details of the estate road junction
arrangements with Froglands Lane and footways including the culvert have been
submitted to and approved in writing by the Local Planning Authority, and the
development shall not be occupied until the junction has been constructed in
accordance with the approved details.
Reason - To ensure the safe and free flow of traffic on the highway.
19. Development shall not begin until the engineering details and specification of the
proposed roads, footways, service strips 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 dwellings are occupied.
20. The dwellings hereby permitted shall not be occupied until the individual vehicular
accesses and entrance, turning areas and parking facilities have been properly
consolidated, surfaced, drained and otherwise constructed in accordance with details to
be submitted to and approved in writing by the Local Planning Authority and these areas
shall thereafter be retained and kept available for those uses at all times.
Reason - In the interests of highway safety.
21. Before any other works hereby approved are commenced, the construction of a site
vehicular access between the nearside edge of the adjoining carriageway, Froglands
Lane, and the highway boundary to serve site operatives and delivery traffic shall be
carried out in accordance with a specification to be submitted to and approved in writing
by the Local Planning Authority.
Reason - In the interests of highway safety.
22. Prior to the first occupation of any dwelling hereby approved secure parking for 2 cycles
to serve a 1-2 bedroom dwelling and 4 cycles to serve a 3-4 bedroom dwelling to comply
with the Council’s standards shall be provided within the curtilage of each dwelling and
these facilities shall thereafter be retained for the parking of cycles only.
Reason - To comply with the Council’s parking standards.
23. No dwelling hereby permitted shall be occupied until the applicant has submitted to and
have approved in writing a welcome pack that promotes sustainable travel for future
residents with the Local Planning Authority.
Reason - To reduce vehicle movements and promote sustainable access.
24. The application for reserved matters shall include a detailed ecological mitigation and
enhancement scheme, which shall be based on great crested newt presence / absence
surveys of the two ponds to the north of the site and the recommendations contained
within section 6 of the Ecological Survey Report by Windrush Ecology dated April 2014
and shall also include details of bat roosting and bird nesting features, lighting
information in relation to bat roosting and foraging habitat and to avoid illumination of the
ponds, suitable precautionary measures in respect of amphibians, mammals and birds
as well details of long term management. The approved ecological mitigation and
enhancement scheme shall thereafter be carried out in full unless otherwise agreed in
writing.
Reason - To ensure protected species are not harmed by the development in
accordance with the Conservation of Habitats and Species Regulations 2010 and the
Wildlife and Countryside Act 1981 (as amended) and to make appropriate provision for
protected species and natural habitat within the development in accordance with
paragraphs 109 and 118 of the NPPF.
Notes:
Positive and Proactive Statement
In dealing with this application, the Council has worked with the applicant in the
following ways:- seeking further information following receipt of the application;
- seeking amendments to the proposed development following receipt of the
application;
- considering the imposition of conditions and or the completion of a s.106 legal
agreement
In such ways the Council has demonstrated a positive and proactive manner in seeking
solutions to problems arising in relation to the planning application.
This permission does not authorise the laying of private apparatus within the confines of
the public highway.
The applicant should apply to the Worcestershire County Council’s Community and
Response Unit, County Hall, Spetchley Road, Worcester WR5 2NP (telephone 0845
607 2005), for consent under the New Roads and Streetworks Act 1991 to install private
apparatus within the confines of the public highway.
Precise details of all works within the public highway must be agreed on site with the
Highway Authority.
The applicant is advised that the culverting of a water course requires the prior written
approval of Wychavon District Council under Section 23 of the Land Drainage Act 1991.
The applicant should therefore contact Wychavon District Council regarding the issue of
the necessary approval and give sufficient notice to enable the approval procedure to
be carried out so that there is no disruption to the applicants programme of works.
This permission does not authorise the applicant to carry out works within the publicly
maintained highway since such works can only be carried out by the County Council’s
Approved Contractor following the issue of a licence under Section 184 and 278 of the
Highways Act, 1980.
The applicant should contact Worcestershire County Council’s Highways Community
and Response Unit, County Hall, Spetchley Road, Worcester WR5 2NP (telephone
0845 607 2005), regarding the issue of the necessary licence authorising the access
works to be carried out by the County Council’s Approved Contractor at the applicant’s
expense. The applicant should give the County Council sufficient notice to enable, as
far as possible, the licence procedure to be carried out so that there is no disruption to
the applicant’s programme of works.
If it is the Developer’s intention to request the County Council, as a Highway Authority,
to adopt the proposed road works as maintainable at the public expense, then details of
the layout and alignment, widths and levels of the proposed road works, which shall
comply with the County Council’s requirements, together with all necessary drainage
arrangements and run off calculations shall be submitted to Worcestershire County
Council’s Network Control Manager, Environmental Services Directorate, County Hall,
Spetchley Road, Worcester WR5 2NP (telephone 01905 763763).
No works on the site of the development shall be commenced until these details have
been approved and an Agreement under Section 38 of the Highways Act, 1980, entered
into.
It is not known if the proposed road works can be satisfactorily drained to an adequate
outfall. Unless adequate storm water disposal arrangements can be provided, the
County Council, as Highway Authority, will be unable to adopt the proposed road works
as public highways. The applicant is, therefore, advised to submit the engineering
details referred to in this conditional
approval to the Worcestershire County Council’s Network Control Manager,
Environmental Services Directorate, County Hall, Spetchley Road, Worcester WR5
2NP (telephone 01905 763763), at an early date to enable surface water disposal
arrangements to be assessed.
No work shall commence upon the development hereby authorised by this permission
until engineering details of the improvements in respect to pedestrian connectivity on
Froglands Lane have been submitted to and approved in writing by the Local Planning
Authority and completed upon the occupation of the fifth dwelling.