Item 7 - Schedule of Planning Applications
Transcription
Item 7 - Schedule of Planning Applications
Item No 001 Application Number : S/2006/1655/PO Parish : Harpole Case Officer : Michael Warren Applicant : English Partnership Redrow Homes (South Midlands) Location : Norwood Farm land bounded by Berrywood Road/Sandy Lane/Weedon Road/Upton Lodge Description : Development of housing and country park. Recommendation - Approval Conditions to follow S/2006/1655/PO WARD: WARD MEMBERS: 1. Harpole and Grange Cllr Mrs Ann Addison and Cllr Mrs Janet Eliot INTRODUCTION The development proposals and background 1.1 Two outline planning applications for a major development proposal known as ‘Upton Lodge’, located on the western edge of Northampton and adjoining the existing urban area, were submitted by joint applicants: Homes and Communities Agency (formerly English Partnerships) and Redrow Homes. The proposed development area is about 150ha in total (i.e. for both applications). 1.2 The first application (the subject of this report) is for development on land at ‘Norwood Farm’ (approx. 66ha), and proposes providing up to 781 dwellings and part of a new country park (29ha) on land within South Northamptonshire District, bounded by Berrywood Road, Sandy Lane and Weedon Road. The application forms part of the ‘Upton Lodge’ development proposals, and will be determined by SNC, as it falls outside the ‘WNDC Urban Development Area’. Should Members be minded to approve this application, it would first need to be referred to GOEM as a ‘departure’ (as the site is not allocated for residential development in the Development Plan), for the Secretary of State to consider whether he wishes to call the application in or not. 1.3 The second application, is on adjoining land at ‘Upton Lodge Farm’ (approx. 84ha), and proposes providing up to 1,784 dwellings, 22,000m2 of employment floorspace, a 3.8ha site for community facilities (including a new primary school), a 1,000 space ‘park and ride’ facility and the smaller part of a country park (7.7ha). That site is bounded by the Princess Marina Hospital to the east, St Crispins to the north and Weedon Road to the south. That application relates to land within Northampton Borough for which WNDC is the local planning authority. WNDC’s Northampton 1 Unitary Development Area (UDA) Committee resolved to delegate authority to their Director of Planning to grant permission for the application in November 2008, subject to: it first being referred to GOEM as a ‘departure’ (in respect of a small part of the site, only) for the SoS to consider whether he wishes to call the matter in or not; the resolution of outstanding highway and drainage issues; the completion of a S.106 Agreement; and conditions set out in the report, as well as any additional conditions or amendments to conditions as the Director of Planning may consider necessary to secure an acceptable form of development. The permission has not been issued, to date. 1.4 The applicants make the case that a large extent of ‘greenspace’ would be retained within the development and extensive public open space is offered in mitigation in the form of a Country Park, which would be mainly within this site (within South Northants) and a much smaller part on the adjacent application site, at Upton Lodge Farm (within Northampton Borough). The adopted South Northamptonshire Local Plan allocates the site at Norwood Farm, as an area of restraint and it is regarded in policy terms as open countryside (partly within a Special Landscape Area and all within an Important Local Gap policy area). 1.5 In 2004, the South West District (SWD) Strategic Planning Review was approved by Northampton Borough Council as the preferred strategy for the development of the SWD (not including ‘Norwood Farm’ site, within South Northants). Upton Lodge is specifically included in that Review as one of six sustainable communities that will make up the Northampton SWD. Around 6,000 new homes are planned to be built in the SWD, as a whole, along with about 120 hectares of employment/industrial land. Development has already started in parts of the SWD. A total of 1900 homes have been built, or have planning permission, at Upton, Berrywood Fields and Banbury Lane. Around 1200 homes will eventually be provided at St Crispin. About 35ha of employment land has already been developed at Swan Valley and planning permission has been granted for a further 70ha at Swan Valley and Pineham. 1.6 Upton Lodge (including the Norwood Farm application site) and Upton Park (to the south of Weedon Road) are intended to be the next two communities in the South West District of Northampton to be brought forward on land mainly owned by the HCA. A key element of Northampton Borough’s SWD Strategic Planning Review has been the development of the Cross Valley Link Road (CVLR) and the Sandy Lane Relief Road (SLRR). The SLRR has planning permission which was granted in February 2008, and the southern section of this road (within Northampton Borough) has been constructed. The remaining northern section of the SLRR, which will cross this application site (i.e. Norwood Farm), has yet to be constructed. The CVLR (now called Upton Valley Way North) was granted planning permission in December 2006 and was completed and opened to traffic in December 2009. The SLRR will link the A45 Weedon Road with Berrywood Road, and will provide one of the primary points of access into the application site whilst, at the same time, relieving traffic from the existing Sandy Lane. 1.7 The application is accompanied by an Environmental Statement (ES) which assessed the likely significant environmental effects of the proposed development and identifies appropriate mitigation measures. The ES has been independently assessed by consultants Entec. In addition, further specific site investigations have been conducted on land stability matters. 1.8 Until recently, there were three principle issues outstanding; that relating to transport planning, sewage infrastructure planning and the need for an additional landscaped area or belt at the northern end of the proposed country park. The 2 Highway Agency (HA) and Northamptonshire County Council (NCC) as the local highway authority are still working with SNC, WNDC and the applicants to address the matters relating to the impact of the development on the strategic and local road network and the need to tackle modal shift. The parties expect that these matters will require a S.106 planning agreement to enable their resolution, alongside an area based approach to transport infrastructure planning. Discussions with the respective parties to secure delivery of this approach are near finalization, and are not considered likely to involve changes to the design and configuration of the current proposed development. 1.9 The Environment Agency (EA) similarly had raised concerns regarding the impact of the development on water infrastructure planning, particularly foul water treatment and transfer. In particular, the need to consider this development alongside other planned and potential developments in and around Northampton. Discussions between SNC, WNDC, the Environment Agency and Anglian Water (as the water authority) have only recently concluded, to the satisfaction of all parties, and these did not have any implications for the form and layout of the proposed development as detailed in this application. 1.10 One of the key functions of the proposed country park would be to provide an effective ‘buffer’ between all of the proposed Upton Lodge development, on the edge of Northampton, and the adjoining countryside and Harpole village, to the west. Following negotiation with the applicants, they have provided an additional plan (Ref CBB-ALX-001 October 2009) showing a northern extension to the area of the country park, so that a landscaped belt with a minimum width of 10m would continue to the Sandy Lane / Berrywood Road junction, at the northern boundary of the application site. The overall effect would be to provide a continuous parkland area along the full extent of the western boundary of the application site. 1.11 In the event that any matter still outstanding cannot be resolved promptly, or that the resolution of the matter results in material changes to the form of the development or its potential impacts, this application would be returned to Committee for re-consideration. Description of Site 1.12 The application site is approximately 66 hectares in area and lies to the west of Northampton, close to the edge of the current urban area. The boundary between Northampton and South Northamptonshire runs broadly north south through the overall site. Of the total area of 150 hectares, 84 hectares lie within the UDA for Northampton and 66 hectares within South Northamptonshire. As previously mentioned, separate applications have thus been submitted to WNDC and South Northamptonshire Council, for the respective site areas within their jurisdiction. 1.13 The overall Upton Lodge site is bounded by the following: to the north by Berrywood Road and the community of New Duston; to the east by areas of new housing at St Crispin and Berrywood Fields, and by Princess Marina Hospital; to the south by Weedon Road and exiting residential development at South View, and beyond this by agricultural land (proposed Upton Park development area); and to the west by further agricultural land and then the village of Harpole. 1.14 The application site currently comprises agricultural land and is called ‘Norwood Farm’, with ‘Upton Lodge Farm’ adjoining to the east (within Northampton). This land is crossed by a number of hedgerows, field boundaries and ditches. Crossing the middle of the site (east/west) is a public bridleway (KP16). There are no 3 significant buildings on the site, with the only built development consisting of four co-located agricultural barns/sheds, near the centre of the site. The whole site lies on the northern flank of the Nene Valley, although the lie of the land is such that many slopes face west rather than south. No part of the site lies within the River Nene flood plain. 1.15 When viewed from the west, it is clear that topography plays an important role in how to plan the site, as this is a very strong feature of it. The levels change significantly across the site with changes of some 20 metres. The cross sections submitted with the application show clearly how the proposed development is intended to use the slopes and the changing levels throughout the site. 1.16 The site (the subject of this application), is not allocated for development in the 1997 South Northamptonshire Local Plan (SNLP), and is not, therefore, included as part of the adjoining proposed development in the Northampton South West District, but rather is identified as an area of ‘restraint’ in the open countryside (Special Landscape Area/Important Local Gap) on the SNLP Proposals Map. 2. PLANNING HISTORY 2.1 2007: Planning permission was granted in November 2007 by WNDC for the southern part of the Sandy Lane Relief Road (SLRR), from the Weedon Road northwards (located within NBC’s administrative area). Construction of this section of the SLRR has since been completed. 2.2 2008: NCC granted Planning Permission in February 2008 for the northern part of the SLRR, from Berrywood Road southwards (located within SNC’s administrative area). Work on construction of this section of the SLRR has not yet started. 2.3 November 2008: WNDC resolved to grant planning permission for the ‘Upton Lodge’ development (Para 1.3, above, refers), within Northampton Borough, and which may be considered ‘complementary’ to the application being considered here. SNC was consulted on the scheme within Northampton, and Committee responded to WNDC as follows: That the West Northamptonshire Development Corporation be advised that South Northamptonshire Council does not object to the principle of the development proposed on this site (which is located within Northampton Borough). However, the Council requests that the application not be determined by the WNDC Planning Committee before the following matters have been adequately addressed: - The Environment Agency does not currently regard the flood risk assessment as providing sufficient basis for understanding how any flooding and drainage issues will be effectively dealt with. Existing sewerage infrastructure is inadequate and it has not yet been adequately demonstrated how this will be addressed prior to the commencement of any development. - A number of the transportation solutions required to enable any development, including highways, currently remain to be fully resolved. - Members wished to indicate their strong concerns that Northamptonshire County Council have stated that secondary school provision to serve this and other nearby development is not now intended to be made within the Northampton South West District developments (i.e. Upton, Upton Lodge, Upton Park, Pineham). 4 - Full details regarding the level of developer contributions to support the development, including the Heads of Terms for any Section 106 legal agreement, need to be adequately addressed before the application is determined. - There is insufficient clarity on how and where open space will be provided in this development, in the event that planning permission for the development of the country park on the neighbouring Norwood Farm site, within South Northamptonshire, is not forthcoming. - Great care will need to be taken to ensure that any floodlighting of the proposed ‘Park and Ride’ facility does not spill out of the site, adversely affecting the amenity of nearby residents. - Any pedestrian and cycle crossings of the Weedon Road, required in connection with this development, must be made completely secure and safe. 3. PROPOSAL 3.1 Upton Lodge is not seen as a standalone development; it is intended to form part of the wider growth of Northampton’s South West District. In particular, it is intended to build upon the developments at Upton (Phase One), and the applicants propose that it will adhere to best practice urban design principles. The application suggests that many of the same sustainability features used at Upton (Phase One) would be implemented at Upton Lodge (incl. Norwood Farm), as well as the use of design coding, to ensure a similar high standard of development. This application: 3.2 This application is effectively for part of a proposed mixed-use urban extension, and is in outline form, with all details reserved for subsequent approval. However, the applicants have submitted an illustrative masterplan and other drawings, sections and information (incl. Urban Design & Development Principles document) as part of the Design and Access Statement, and the Environmental Statement, to indicate the likely form of the development. Alongside this proposal for up to 781 homes and a new Country Park, constituting this application, would be employment, community and education uses, a new ‘park and ride’ facility, and up to 1784 homes (within the adjoining site – ie not part of this application). All of these together, are intended to form a cohesive and sustainable urban extension. It is expected that 40% of the new houses would be ‘affordable’ homes, in accordance with SNC’s policies. 3.3 The site layout (illustrated in the updated Masterplan) has been informed by the topography of the site. The applicants development principles seek to: - Work with the landform to minimise earth moving; - As far as possible, align new streets along the existing topography lines; - Establish a series of connected, open water features down the hillsides to form a SUDS network; - Locate taller structures and highest densities along lower slopes to minimize visual impact; 5 - Orient buildings, with large glass areas, to the south and west to take advantage of natural daylight and solar heat gain, as well as views; and - Plant open spaces with indigenous material and street trees along the streets to help preclude erosion. 3.4 The proposed residential development has been organised into three bands of density: Low to Mid-Density, Mid-Density and Mid to High-Density. The proposed density of development varies from lowest at the top of the slopes, adjacent to existing residential development in Northampton, to highest on the lower slopes and adjacent to the primary circulation routes. The Masterplan also locates a portion of the highest density homes and flats along a proposed site spine road where residents will have easy access to local bus services, and buildings could incorporate local shops and services on the ground floors. The other locations identified for the higher density development are alongside the SLRR and Weedon Road frontages. Buildings along these roads are intended to provide a positive ‘face’ to the development and serve to define the eastern boundary of the proposed new Country Park. 3.5 Illustrative plans and sections to show intended typical house designs, have been provided, and are based on the following criteria: - Single family detached homes to match the scale of adjacent properties at the Berrywood Fields and St Crispin developments. - Semi-detached units are shown with a footprint of 6m x 8m plus off-street garaging. The typical plot is configured with a street frontage of 10m in width and includes a 12m deep rear garden. In simple arrangements this unit type could achieve a parcel density of approx 35dph (dwellings per hectare). - Terrace units are shown with a footprint of 6m x 8m, and would incorporate ground floor car parking within the building and/or utilise on-street parking. The typical plot is 6m in width and includes a 12m deep rear garden. This arrangement could yield a parcel development density of over 50dph. - Higher density flats would be located along the Spine Road and the SLRR frontage. As appropriate, these buildings would incorporate convertible ground floor space that could accommodate: flats, shops, offices and/or live-work units (not currently part of the application). Car parking would be provided at the rear of the building or on the ground floor, cut into the hillside. 3.6 With regard to the mixed-use and community facilities, some of the flats to be sited along the main Spine Road will incorporate convertible ground floor space that could accommodate flats, shops, offices and/or live/work units. This traditional building form is common throughout Europe, and has recently come back into favour in the UK, as sustainable, higher density housing development is required. The Primary School and Community Facilities will be designed to a similar high standard. The facilities will be visible to passing motorists and be an effective symbol of the new community. Along with the Employment uses and some of the adjacent flats, some of these buildings are likely to feature flat roofs that could incorporate ‘green-roof’ technology. As with the residential uses, a Development Framework and Design Code will be prepared to guide the design of these buildings. (Note: The development described in this paragraph is within the 6 adjoining site, and is not part of this application, but information is provided for completeness.) 3.7 The only existing buildings on the site are four sheds/barns, located near the centre of the application site, with access off Sandy Lane. Some of these farm buildings could be retained for future use (eg as a ‘Resource Centre’) on the proposed Country Park. 3.8 A 420-place primary school would be located as part of the mixed-use community facilities (within adjoining site – ie not part of this application), and as required by NCC Education. Secondary school provision would be made off-site at existing and proposed schools (Campion School, Bugbrooke; Dallington, Northampton and New Duston, Northampton). Developer contributions would be required for this off site provision. 3.9 The proposed employment area comprises 4.5ha of land and is situated towards the south-western corner of the site, adjacent to the SLRR (within adjoining site – ie not part of this application). The uses proposed are B1 (Offices) and B2 (Industrial) uses only, with no B8 (Warehouse) uses. This could deliver about 22,500 sq m of building space and could mean space for creation of up to 900 new jobs. Opposite the employment area, to the west of the SLRR, would be a proposed 4.8ha ‘park and ride’ which would provide up to 1,000 car spaces, with access via the SLRR and off the Weedon Road (within adjoining site – ie not part of this application). 3.10 The proposed Country Park is split between the two applications, with the majority in the SNC area, and forming part of this application. The area is extensive, 36.9ha in total, and could provide a variety of roles and spaces from formal play areas to simple parkland. A pavilion could be included to provide changing facilities for the area. This park would also act as a permanent ‘buffer’ between the proposed development and the village of Harpole, and between the ‘park and ride’ and existing Sandy Lane/South View residents. Intended Phasing: 3.11 A table showing the applicant’s indicative phasing plan is set-out at Para 3.13, below. Broadly speaking, this plan shows development beginning at the site's northern end, and continuing southwards along the SLRR. The four phases would be as follows: Phase One comprises the northern third of Parcel A. This phase may be accessed directly from Berrywood Road (as per the SLRR extant planning permission), so would not necessarily require the SLRR to be in place. Phase Two comprises the southern two thirds of Parcel A. This phase would be accessed from the SLRR, with a spur taken in the vicinity of the nursery on Sandy Lane. This spur would then connect to the access from Berrywood Road serving phase one. Phase Three comprises Parcels B and C, with access taken from a spur off the SLRR (as per the SLRR extant planning permission) in the vicinity of the Norwood Farm barns. Phase Four comprises Parcels D and E, using the same access provided for phase three. The intention is to connect this access road through to Upton Lodge, where it would join the spine road near the local centre. Should Upton Lodge not be delivered, or 7 not be ready in time, the access road would need to connect back to the SLRR in the vicinity of the bridleway. 3.12 Indicative start and end dates for each phase are given below: Phase One 110 - 140 dwellings 2012 - 2015 Phase Two 220 - 280 dwellings 2012 - 2017 Phase Three 55 - 75 dwellings Phase Four 220 - 280 dwellings 2015 – 2020 Total 605 - 775 dwellings 2015 - 2016 2012 - 2020 3.13 The delivery and timing assume there would be two house builders on site. In addition, the phasing strategy takes into account that drainage will need to be provided from the south northwards. As such, advance drainage infrastructure will need to be provided on the southern part of the site. This approach has been agreed with the Environment Agency, who have recommended a condition requesting details of this infrastructure at the reserved matters stage. Supporting Documents: 3.14 The planning application comprises or is supported by the following documents: - Environmental Statement, Technical Appendices and Non-Technical Summary (October 2006) Planning Statement (October 2006) Flood Risk Assessment and Drainage Strategy (October 2006) Transport Assessment and Travel Plan - Vol. 1, 2 & 3 (October 2006) Statement of Community Involvement (October 2006) Phase I Geo-Environmental Audit (October 2006) Design and Access Statement (January 2007) Sequential Test (February 2007) Health Impact Assessment (October 2007) Technical Note on Open Space (November 2007) Urban Design & Development Principles (March 2008) Site Stability Assessment Report (March 2008) Revised Flood Risk Assessment and Surface Water Drainage Strategy (March 2008) Energy Statement (March 2008) Waste Audit and Waste Management Facilities Strategy (March 2008) Ground Investigation – Final Report (June 2008). In addition, the following documents were subsequently submitted: Ground Investigation Reports: Norwood Farm Land - June 2008 St Crispins West - June 2008 Upton Lodge and Sandy Lane - April 2008 Halcrow Slope Stability Reports: Norwood Farm Stability Assessment - May 2008 St Crispins West Site Stability Assessment Report - July 2008 Upton Lodge Site Stability Assessment Report - March 2008 8 - Revised Flood Risk Assessment - March 2008 Upton Lodge Sequential Test Exercise - February 2007 Energy Audit - March 2008 Waste Audit - March 2008 Health Impact Assessment - October 2007 Open Space Requirements - November 2007 Revised Site Masterplan - March 2008 and October 2009 Supplementary Landscape Proposals Plan – October 2009 Norwood Farm Surface Water Drainage Strategy Assessment – May 2009 Upton Lodge/Norwood Farm Transport Assessment - February 2010 Upton Lodge/Norwood Farm Framework Travel Plan - February 2010 Norwood Farm Traffic Noise Analysis – January 2010 Various written responses to consultation responses, from applicants’ consultancy team. These documents have gone through further consultation and the various comments made have been taken into consideration. As the report indicates there may be further comments to take into account from the Highways Agency/NCC Highways, and negotiations with those organisations are now substantially complete. From representations made further work has been done on the highway matters and specifically in relation to land stability, which has been the subject of three further reports from March to July 2008. Those reports have been given careful consideration and consultations undertaken. Any further representations have been taken into account. 4. CONSULTATIONS 4.1 ANGLIAN WATER: Initially advised that there was insufficient capacity in the sewerage network, which would require a further detailed analysis of upgrades required to drain the site. However, the developers would, in any event, need to agree a drainage strategy with Anglian Water before any development could commence. Note: Further discussions have taken place between Anglian Water and the applicants, and this matter has been resolved. Anglian Water have confirmed that WNDC commissioned a water cycle strategy, which provides a plan and programme of water services infrastructure implementation, and includes WNDC taking a lead on requisitioning a new foul sewer to serve the Dallington Grange, Upton Lodge (including Norwood Farm) and Upton Park proposed developments. Anglian Water further stated that to achieve the Government’s key aim of sustainable development, infrastructure needs to be in place alongside new development and combined with resource efficiency measures. Development proposed will take place over many years and by several different developers, and unless drainage and water infrastructure is fully funded and implemented in a timely manner, this could adversely affect the pace of growth or lead to environmental damage. Reconsultation (March 2010): Anglian Water have confirmed that, having examined the additional documents submitted by the Applicants, the surface water drainage scheme relates to a SUDS scheme, which is not their area of responsibility or part of an Anglian Water public surface water system, and therefore have no comments to make. 9 Note: An appropriate ‘Grampian’ condition to ensure provision of the necessary SW and FW infrastructure to serve the development, should be attached to any permission granted. 4.2 BRITISH GAS TRANSCO: No response received. 4.3 BRITISH HORSE SOCIETY: No response received. 4.4 BROCKWATCH: No response received. 4.5 COUNCIL FOR THE PROTECTION OF RURAL ENGLAND: No response received. 4.6 CYCLING TOURING CLUB: No response received. 4.7 EAST MIDLANDS DEVELOPMENT AGENCY: Generally support the proposals, in respect of both the employment and housing development proposed, and commend that WNDC and SNC should ensure that adequate infrastructure requirements are addressed in good time, and that the whole development helps create a sustainable and integrated community. 4.8 NATURAL ENGLAND: Have stated that they are satisfied that no designated nature conservation sites would be impacted upon, as a result of the development proposed, and that the site is dominated by large arable fields and improved pasture, which are of low biodiversity value. There are no objections provided that the following issues are addressed by way of condition / obligation: - Ecological management plan to be submitted and approved before any development begins. - An agreement regarding future management and maintenance of the country park. - Method statement regarding works to mitigate any undue adverse effects on badgers and bats to be submitted and approved. - Removal or destruction of vegetation or buildings not to be undertaken during March to August, to protect breeding birds. 4.9 ENVIRONMENT AGENCY: The EA have withdrawn their initial objection over concerns over flood risk, following the submission of a revised Flood Risk Assessment in 2008. The EA have confirmed that the FRA and the suggested mitigation measures are proportionate to the scale, nature and location of development. However in the EA’s letter of 24th October 2008, they maintained their objection due to a lack of a water cycle strategy. They sought further evidence to demonstrate that the development would be served by adequate water infrastructure and will not increase the risk of pollution or flooding. Note: The applicants responded to the EA’s objection regarding water cycle infrastructure. They advised that it is legally the responsibility of Anglian Water (AW) to provide the necessary infrastructure for the new development. The applicant has met with AW who have expressed their satisfaction with the proposal and confirmed that the sewage treatment capacity needed can be accommodated. AW will require improved sewer capacity to connect the development to the Northampton network and this would be prior to the development being occupied, but not prior to consent being granted. It is considered that this information should be sufficient to alleviate the EA’s concerns, and further formal comments have since been provided by both the EA and AW to confirm this. 10 The EA’s final concern related to the increase in the number of dwellings proposed and the increased demand for sewerage infrastructure. Again the applicant has met with AW and been advised that the increase in the capacity of the sewage treatment works required is likely to be minimal. Reconsultation (March 2010): Following submission of additional information and reports in respect of drainage, the EA have withdrawn their previous objections, and now comment as follows: The EA considers that the Halcrow Norwood Farm Surface Water Drainage Strategy, dated June 2010, has been undertaken in line with Annex E of Planning Policy Statement 25 'Development and Flood Risk' (PPS25), and that it is considered appropriate for the scale and nature of the proposed development. Accordingly, we are prepared to withdraw our previous objection, subject to the imposition of the following five conditions on any subsequent planning permission granted: Condition 1: No building works which comprise the erection of a building required to be served by water services shall commence until details of a scheme, including phasing and future management and maintenance arrangements, for the provision of mains foul water drainage has been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented prior to the occupation of any buildings within the relevant phase(s) of the development. Reason: To prevent flooding, pollution and detriment to public amenity and biodiversity through provision of suitable water infrastructure. In order to satisfy the above condition, an adequate scheme would need to be submitted demonstrating that there is (or will be prior to occupation) sufficient infrastructure capacity existing for the connection, conveyance, treatment and disposal of quantity and quality of water within proposed phasing of development. A review may be required depicting how the infrastructure operates within environmental limits and in light of forecast demand for these facilities. Condition 2: Prior to the submission of Reserved Matters, a scheme for the provision, implementation, ownership and maintenance of the surface water drainage for the site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is occupied. The scheme shall also include: - Full detailed surface water calculations to ensure adequate surface water drainage facilities on site; - An assessment of overland flood flows; and - Details of how the scheme shall be maintained and managed after completion. Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of these. Condition 3: All reserved matters application shall be submitted with a detailed (Stage 2) FRA, submitted and approved in writing by the Local Planning Authority. 11 The detailed FRA for the individual sites/land parcels shall, as a minimum: - demonstrate that the proposed development is compliant with the recommendations and constraints detailed within the outline/Stage 1 FRA; and - include a Certificate of Compliance issued and authorised by a suitably qualified engineer, to demonstrate that the detailed FRA conforms to the strategy, constraints and parameters set out in the outline/Stage 1 FRA. Reason: To ensure that future proposed developments comply with the strategy, constraints and parameters set out in the outline/Stage 1 FRA. Condition 4: Prior to any development on the site as a whole, a phasing strategy shall be completed and submitted in writing to the Local Planning Authority for approval. The strategy shall detail the timing and phasing of the proposed development in relation to the provision and implementation of surface water runoff mitigation measures. The strategy shall be implemented as approved unless otherwise agreed in writing with the Local Planning Authority. Reason: To ensure that any proposed development does not increase flood risk whilst under construction. Condition 5: Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved, in writing, by the local planning authority. That scheme shall include all of the following elements unless specifically excluded, in writing, by the Local Planning Authority. 1. A desk study identifying: - all previous uses - potential contaminants associated with those uses - a conceptual model of the site indicating sources, pathways and receptors - potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for an assessment of the risk to all receptors that may be affected, including those off site. 3. The results of the site investigation and risk assessment (2) and a method statement based on those results giving full details of the remediation measures required and how they are to be undertaken. 4. A verification report on completion of the works set out in (3) confirming the remediation measures that have been undertaken in accordance with the method statement and setting out measures for maintenance, further monitoring and reporting. 5. Any changes to these agreed elements require the express consent of the Local Planning Authority. Reason: To ensure that any potential sources of contamination present on site are 12 adequately investigated and addressed with respect to the risk posed to controlled waters (including any risk that may be associated with SUDS). As you are aware the discharge of planning conditions rests with the Local Planning Authority. It is, therefore, essential that you are satisfied that the proposed draft condition meets the requirements of Circular 11/95 'Use of Conditions in Planning Permission'. Please notify us immediately if you are unable to apply our suggested conditions, as we may need to tailor our advice accordingly. 4.10 HIGHWAYS AGENCY: The HA’s initial review of the Transport Assessment (TA) indicated that trip generation from the development proposed was likely to be in excess of 2000 vph anticipated at peak periods. The TA predicts that this would have a significant impact on the M1 at Jct 15A and Jct 16, and that these junctions do not have sufficient capacity to accommodate the development traffic. Further, no mitigation measures were identified in the TA, which was incomplete, and the HA did not have sufficient information to make a substantive response. Note: The applicants’ consultants have responded to the above and the HA have commented further that an improvement will be required at Jct 16 in order to safely accommodate traffic from the wider Northamptonshire growth, particularly Daventry and Northampton. The impact from Upton Lodge (incl Norwood Farm) would be small and an improvement would not be required as a result of that development. With regard to the Queen Eleanor Interchange, the HA are supportive of any measures that will reduce the impact of development traffic. The Queen Eleanor Interchange is currently being assessed as part of the HA’s A45 study. This will identify what improvements need to be undertaken to the A45 corridor in order to safely accommodate future levels of traffic. A contribution to the resulting corridor strategy may also be required either financially through an appropriate ‘ringmaster’ or physically through the provision of part of the overall scheme. In any event, the agency may require that any permission granted for Upton Lodge be conditioned against the A45 improvements. Regarding Jct 15a, discussions are ongoing around modelled outputs. In summary, the HA have advised that they have no objection in principle, but that there are three principal areas for their consideration: • M1, Jct 15a - it has been agreed that improvements to the south bound on-slip would be based on DMRB criteria rather than outputs from the VISSIM model. The on-slip will still need remodelling. • M1, Jct 16 – improvement will be required in order to safely accommodate traffic from wider Northamptonshire growth and there are discussions with WNDC regarding the cumulative effect of development and they may have a view on possible contributions to the wider strategic highway improvement costs. • Queen Eleanor Interchange – HA are supportive of any measures that will reduce the impact of development traffic. Reconsultation (March 2010): The following further response was received from the HA, on 16th August 2010: You will be aware from my previous letter of May 2010, that we have been engaged in ongoing discussions with the applicants over the last few months which have been productive and which have lead to resolution of a number of matters. At the time of writing, whilst we are not yet in a position to formally lift our existing holding 13 direction, we are nonetheless confident that the outstanding matters are capable of resolution and are unlikely, in our opinion, to compromise the overall planning outcome in this case. Access Management Strategy The Highways Agency has now completed its study of the A45/M1. Arising from this, we have also now developed an Access Management Strategy which is specifically intended to enable this, and other committed development sites in Northampton (including the wider Upton Lodge Masterplan area) to be satisfactorily accommodated on the SRN. The principles of the Access Management Strategy have been shared with NCC, WNDC, the JPU and other partners and we are currently in the process of refining final details, including preliminary junction designs and relevant cost information to enable the Strategy to be completed. Once the Strategy is complete, this will be used to guide our responses to development proposals in and around Northampton and provide a consistent and clear reference for all developers and planning authorities in the area. It is also envisaged that the Strategy will be embodied within the emerging Infrastructure Delivery Plan (IDP) for the area and that, as such it will be integral to any future decisions in relation to the allocation of planning obligations, tariffs or CIL provisions, for example. We anticipate working in partnership with the District Councils, WNDC and NCC in this regard to enable the timely delivery of the defined infrastructure. In the case of Norwood Farm, we have identified that the delivery of this site, as part of the wider Masterplan area, will require the whole of the Access Management Strategy to be in place, which includes specific improvements to 7 junctions along the M1 and A45. Accordingly we are likely to be seeking the imposition of a ‘Grampian’ type of condition which restricts occupation of the site until such time as these improvements have been constructed and are capable of being fully operational. We consider that such a condition would be in accordance with circular 11/95 and be an entirely appropriate means of enabling this development to proceed. At this stage, therefore we are seeking to conclude the A45/M1 Access Management Strategy at the earliest opportunity, which we anticipate could be towards the end of September. We will be seeking endorsement of the Strategy from the relevant planning and highways authorities at this time and will thereafter, anticipate being in a position to direct suitable conditions and to lift our existing holding direction on this application. Framework Travel Plan (FTP) We have worked closely with the applicants over the past few weeks to provide input to a draft S.106 Agreement. We are now content that the agreement will incorporate detailed provisions for travel plan preparation, co-ordination and monitoring, including ongoing engagement with the Highways Agency to assist in its delivery. We are also content that adequate mechanisms have been incorporated to enable modal shift targets to be met and, in circumstances where these are not being achieved, for the implementation of additional ‘Failsafe Measures’. 14 Summary In summary, subject to completion of the Highways Agency’s A45/M1 Access Management Strategy and the imposition of a related Grampian condition in respect of the delivery of this Strategy prior to occupation – and also the completion of a S.106 Agreement incorporating the draft terms recently agreed with the applicants in relation to Travel Plans and Failsafe Measures, the Highways Agency are hopeful that the existing holding direction might be lifted. (Note: On the basis of the above response, any recommendation for approval of this application should include a requirement that the HA’s TR110 Holding Direction would first have to be lifted, before any permission could be issued.) 4.11 HARPOLE PARISH COUNCIL: Raise concerns about the effect the proposed development could have on the rural nature of Harpole village, particularly its rural setting and environment. They are however pleased to see that comments made about the Sandy Lane Relief Road and proposed country park have been taken into account, and agree about the importance of maintaining a ‘strategic gap’ to act as a buffer between the proposed development and Harpole village, that is referred to regularly by the applicants in their submissions. Consider that too little attention has been paid to how the appearance and effect of the development on the special landscape area (within South Northants) and the wider Nene Valley will be adequately mitigated. Such mitigation should include retention of existing features (e.g. hedgerows), wherever possible, as well as extensive new planting (e.g. semi-mature trees). The long-term management of the country park and landscaped areas is of great concern too, and should be properly secured through a S.106 legal agreement. Harpole PC does not see the need for more sports pitches, a pavilion or playing fields, given those existing at Harpole, Kislingbury, Upton and Duston. They are, however, supportive of proposed provision of youth facilities in the local centre, as well as the ‘downgrading’ of existing Sandy Lane, and are concerned that adequate provision should be made to mitigate run-off of rain water, as well as increases in noise levels, air pollution and light pollution, emanating from the new development. Reconsultation (March 2010): No response received. 4.12 KISLINGBURY PARISH COUNCIL: Strongly object to the application as the PC sees the proliferation of an insidious urban sprawl, which will engulf villages within South Northants, such as Kislingbury and Harpole, and continue until it reaches the M1 motorway. Raise issues regarding the overall impact of the development on the natural beauty of the Nene Valley, and note that the Environment Agency objects to the application as not being fully compliant with PPS 25: Development and Flood Risk. The PC also does not consider that the flood model used has been based on the correct levels, which they consider to be the 1947 flood. Reconsultation (March 2010): No response received. 4.13 BUGBROOKE PARISH COUNCIL: Have no objections, in principle, and comment as follows: Proposal appears well thought-out with a good balance of housing, community facilities, green space, and transport links. 781 dwellings on this site would reduce pressure for (piece-meal) development on other villages in the district, which might 15 not have the adequate infrastructure. 4.14 UPPER HEYFORD PARISH COUNCIL: No response received. 4.15 ROTHERSTHORPE PARISH COUNCIL: No response received. 4.16 DUSTON PARISH COUNCIL (N’hampton Borough): No response received. 4.17 UPTON PARISH COUNCIL (N’hampton Borough): Wish to raise strong objection to the development proposal, as a whole, for the following reasons: • In the original plans a ‘green corridor’ was shown stretching from St Crispins to the Weedon Road, but this does not appear on the submitted plans. • The increased numbers of houses, plus education and employment facilities etc, would result in a higher flood risk into the river, with the increased run-off of rainwater. Reconsultation (March 2010): No response received. 4.18 NORTHAMPTON BOROUGH COUNCIL: The consultation was considered by NBC’s Planning Committee at a meeting on 2nd April 2008. This resulted in the following comments being made: That the Council raise significant objection to this application in that significant issues remain outstanding and unresolved, which will have a marked impact on the success of the new community if not appropriately addressed at this outline stage. The following are the principle issues that are currently outstanding (not exhaustive): • There is insufficient clarity on the extent of recreation space that will be provided in the development in reasonable proximity to residents, in particular local and neighbourhood play and playing pitches. • The Environment Agency does not regard the flood risk assessment as a sufficient basis for understanding how flooding issues will be effectively dealt with. Existing sewerage infrastructure is inadequate and will not be up to the required standard prior to the commencement of the development. (Note: EA and AW have since withdrawn their objections). • Transportation solutions, including highways, are unresolved. • NCC have identified that insufficient primary school provision has been identified and there is also uncertainty about future secondary school provision as part of the southwest district. (Note: NCC have since confirmed that they are satisfied with the primary school provision proposed, and have clearly indicated how they anticipate future secondary school provision would be made.) • There is insufficient detail of the level of Section 106 contributions to support the development, including whether a standard tariff will apply or the traditional approach will apply. Heads of Terms also need to be agreed. • A waste audit is required. (Note: A satisfactory waste audit has since been submitted.) It is therefore considered that it would be premature, to grant consent for the 16 proposal. Reconsultation (March 2010): No response received. 4.19 DAVENTRY DISTRICT COUNCIL: No response received. 4.20 WEST NORTHANTS DEVELOPMENT CORPORATION: No response received. Reconsultation (March 2010): No response received. 4.21 NCC – GROWTH MANAGEMENT (Planning Policy): The County Council wishes to ensure sufficient services are provided within areas of new development, such as is proposed here. It is as important that these services are located and configured in a sustainable way that fully integrates with neighbouring existing and planned development. NCC has also made comments on a number of key areas, as follows: • Health Impact Assessment required. (Note: This has since been submitted, and the PCT have confirmed that they are satisfied with it – refer Para 4.35, below). • School provision – a development of this size will generate an overall need for primary school provision of 630 places - 420 to serve the Upton Lodge development (and 210 to serve Norwood Farm). A developer contribution will be required towards additional secondary school places. • NCC has a statutory duty to ensure adequate pre-school childcare facilities and further discussions will be required regarding this issue. • Fire & Rescue service is investigating the potential impact of the proposal. • Northamptonshire Police will be seeking contributions, as a requirement for large developments, and details of these have been forwarded to the applicants. • Waste Management - The proposal is currently contrary to the NCC Waste Local Plan and a Waste Audit has not been submitted as required by the adopted SPD. (Note: The Waste Audit has since been submitted (March 2008) and is considered satisfactory by NCC and raises no issues or implications for the Environmental Statement.) • Library – A financial contribution will be required from the developers either to provide a facility on-site or to improve existing local and central library facilities. S.106 contributions will be required to support library provision. • Public Art – A financial contribution towards the provision of some form of public art should be made by the developers. It is recommended that an Artist be included in the development design team. • Residential areas should include areas of innovative playspace. 4.22 NCC – RIGHTS OF WAY: Recent response received, as follows: I attach a working copy of the Definitive Map for the Bridleways affected. KP16 is the main one crossing the Norwood Farm site. Please ensure that these are not incorporated into the street network, ref DoE Circ 1993/Annex D. I am happy to see from the masterplan that the bridleway routes have been retained, however I am a little concerned that these may be along a road 17 network? Does the park and ride facility allow for cyclists to park and cycle, this should be encouraged as part of the travel plan at the reserved matters stage. It doesn’t look like anything needs diverting but temporary closures (under S14 of Road Traffic Regulations Act 1984) will be required during construction of development and potential improvements for KP16, with alternative routes being available where possible. Can you confirm if they are proposing to improve the bridleways surfaces? Such improvements can be dealt with at later stages with drawings. Awarded widths are as follows: 1. KP16 is 20 foot wide 2. LB1 is 3m and is part subject to previous Diversion Order in 2005, I would recommend the improvements widen where possible within this development. 3. LB8 has no awarded width, but would required 3m surfaced track for cyclists within a 5m corridor, which includes grass to 1 each side of the hard surface. The standard advisory comments are: With respect to construction works to be carried out in close proximity to and using Public Rights of Way as access, please note the following standard requirements:- The routes must be kept clear, unobstructed, safe for users, and no structures or material placed on the right of way at all times. - There must be no interference or damage to the surface of the right of way as a result of the construction. Any damage to the surface of the path must be made good by the applicant, specifications for any repair or surfacing work must be approved by this office, under s131 HA1980. - As a result of the development the Rights of Way, Bridleways KP16, LB1 and LB8 need to be closed by applying for a Temporary Traffic Regulation Order. An application form for such an order is available via Northamptonshire County Council website, a fee is payable for this service and a period of six weeks notice is required. Please follow the link below: www.northamptonshire.gov.uk/en/councilservices/transport/row/legal/pages/temptro s.aspx - Any new path furniture (e.g. gates preferred over stile) needs to be approved in advance with the Access Development Officer, and standard examples can be provided. At the reserved matters stages I would like to ensure that: With reference to the supplementary planning guidance: Planning Out Crime in Northamptonshire, NCC would like to make the following comments with regard to design. We would like to suggest a post and rail fence up to a height of 1.2m along the gardens of the new properties, which border the public bridleways KP16, LB1 and LB8, in relation to safety issues of enclosed Public Rights of Way between houses. It is best practice that streets and spaces should be well overlooked, lit and 18 busy in order to reduce crime and access requirements comply with Disability Discrimination Act 2005 regulations. Providing enough convenient and secure cycle parking at people’s homes, schools, businesses and other locations for both residents and visitors is critical to increasing the use of cycles and achieving the 20% modal shift target published in the Local Transport Plan 2006/7 -2010/11. Please refer to the SPG on Parking for the recommended standard level of cycle parking provision for new properties. This response is without prejudice to any Public Right of Way which may exist across the site, but whose presence is not recorded on the County Council’s Definitive Map and Statement. 4.23 NCC – TRANSPORT AND HIGHWAYS: Initially expressed concerns because NCC was of the understanding that, in agreement with WNDC, SNC and the developers, that this application (and the associated Upton Lodge Farm application) was deferred pending a resolution regarding the growth areas for Northampton. This would allow for a more robust decision to be made in respect of highway infrastructure. Should this not be the case a package of transportation measures would be required in order for the development to proceed. NCC have confirmed that this site (and the associated Upton Lodge Farm site) were not included in the original Multi-Modal Study carried out for Northampton, and that a package of transportation measures would be required to enable any development to proceed. This should include the following developer contributions: • Provision of the SLRR (approx contribution £10million) (Note: Section of SLRR within Northampton Borough constructed.) • The Cross Valley Link Road (£5million) (Note: Now complete and open to traffic.) • Northern orbital route (SLIN) (£5million) • Weedon Road bus corridor (£2million) • Provision of new and extended bus services to support modal shift (£2million) NCC further states that the total figure for the above (approx £24million) is broadly in line with the cumulative figure that would be sought in support of a development of 3,500 dwellings, and is set against the suggested transport infrastructure element of the ‘standard charge’ currently being considered by WNDC. NCC also expects to receive a comprehensive travel plan detailing the applicants’ proposals towards achieving a 20% modal shift, as required by NCC’s Strategy for Growth Policy. Highway Officer further comments that the applicants’ consultants have been in discussion with the HA and NCC regarding supplementary transport information to finalise their consultation requirements. These requirements for Upton Lodge (incl. Norwood Farm) include the use of the new NCC multi-modal traffic model to determine traffic flows and junction capacity assessment for the development and impact on the local network. These flows will also be plugged into a separate HA model. The timing of the completion of work is subject to the completion/verification by both NCC and the HA of their models in order to enable the work to be complete. This work may take time, two to three months. EP (now HCA) has agreed to fund this additional work. Final discussions are taking place on the Travel Plan, which is already at an advanced stage. Reconsultation (March 2010): No response received. 4.24 NCC – EDUCATION: Primary School Provision – A 420-place primary school (approx. 2ha) will be required to serve the adjoining Upton Lodge Farm site, within 19 the Borough, with a further 210-places (approx 1.1ha) to serve the Norwood Farm site. Funding for the site and building costs will be required. Secondary School Provision - Although a site for a secondary school is ‘safeguarded’ on the proposed Upton Park development site nearby (to the south of the Weedon Road), it is intended that provision to serve the Upton Lodge (incl. Norwood Farm) development will in fact be made in a proposed school at the Dallington Grange proposed development. In view of this, there will not be any requirement for a secondary school on the Upton Lodge site. However, a developer contribution towards funding the additional secondary school places that will be needed, will be required. Childcare Provision - As of 2008, NCC has also had responsibility for ensuring an adequate supply of childcare facilities for preschool and school-aged children. Some of this will be provided at the primary school(s). However, it is likely that other childcare services will be required, and further discussion between NCC and the developers is needed, to ensure adequate childcare places will be available. 4.25 SNC – PLANNING POLICY: Initial comments made in 2007 are now out of date, and a revised response has been made (see ‘reconsultation’, below). Reconsultation (March 2010): In Development Plan Policy terms the application lies in open countryside and as such the proposed development needs to be assessed against ‘saved’ Policy H6 and EV2 of the South Northamptonshire Local Plan. These policies state that development in the open countryside should be necessary for the reasons specified or involve a conversion; this application fails to fulfil the exceptions in these policies. However, the Local Plan is ageing and in terms of housing requirements was superseded by the Sub Regional Strategy for Milton Keynes South Midlands Growth Area (part of the East Midlands Regional Plan). This set out a minimum annual requirement of 330 dwellings to be completed between 2001 and 2021 as well as a figure for the Northamptonshire Implementation Area that was aimed at meeting the growth requirements of Northampton. The Minister has now revoked the RSS including the housing targets. It is no longer a material consideration in the determination of planning applications. More information on the implications of this is set out below. Whilst the revocation of the RSS removes the current housing targets in the RSS, advice provided to Councils from the Government’s Chief Planning Officer makes clear that the requirement for a five-year and 15 year housing land supply remains, and that the calculation of revised housing targets should be evidence based. In addition the Government has made very firm statements that it expects local authorities to cater for housing growth which it considers to be an important national issue. In the Minister’s view the inability to demonstrate a five-year supply of housing land remains a relevant and important consideration in determining planning applications and appeals. Local Planning Authorities will now able to identify an appropriate annual housing requirement; but this will need to be robust, evidenced and defensible at appeal. The advice provided considers that this should be achieved through the LDF examination process. The advice considers that local authorities may base revised housing targets on the level of provision submitted to the original Regional Spatial Strategy examination (Option 1 targets), supplemented by more recent information as appropriate. There 20 are no ‘Option 1’ figures for Northamptonshire because the RSS housing targets were derived through the MKSM national growth area identified in the Sustainable Communities White Paper 2003 and subsequently the MKSM Study (2005). For this area the MKSM Study figures are the equivalent to ‘Option 1’ figures. For South Northamptonshire these are 330 dwellings per annum. The MKSM Study has also been revoked as part of the development plan. At its meeting on July 12th 2010 Cabinet agreed that in the absence of robust revised housing targets for South Northamptonshire, and until such time that these revised figures have been prepared and agreed through the preparation of the Core Strategy, this Council would continue to provide for a housing target of 330 dwellings per annum based on the figure set out in the revoked RSS. The requirement also remains within Planning Policy Statement 3 (PPS3) to ensure a five-year supply of housing land within the District and this is a material consideration in the determination of this application. The 2009/2010 South Northamptonshire Council Housing Land Availability Study shows a 4.1 - year supply of housing land. The study identifies those sites which are available, achievable and suitable for housing within the next 5 years (2010 – 2015). These identified sites include remaining allocated housing sites, sites with existing planning permission, other sites identified as being suitable for housing within documents approved by the Council and an allowance for windfalls. In April 2010 there was a shortfall of 326 dwellings. Although the NIA was never defined in an LDF document, before the revocation of the RSS and MKSM SRS; for monitoring purposes it was agreed that most housing commitments on the edge of Northampton, but within SNC, formed part of meeting the NIA housing requirement set out in the RSS. However, the revocation of the RSS and MKSM SRS means that the NIA and its housing requirement no longer exists. It therefore follows that the NIA should not be referred to or used in the calculation of any new housing targets. Accordingly the issue of housing supply will need to be considered at district level. The Council has argued at a planning Inquiry (August 3rd and 4th) that housing approved within the administrative boundary of South Northamptonshire District must now be used in meeting its own requirement. It was argued that figures can no longer count towards Northampton Borough Council’s figure as they are in this Council’s administrative area and the NIA does not exist. If there is a need for joint working in the future between this Council and Northampton Borough Council (NBC) in respect of housing provision, then this will be done by agreement and cooperation and not by imposition as was the case with the RSS. Time will be needed to both determine new locally based housing targets and the implications thereof for the future planning of the area. This argument is due to be repeated before a second inspector at a second Inquiry on August 17th and 18th 2010. In the meantime the approach set out in this response is considered reasonable and the only appropriate arrangement. Clearly there are implications arising from the decision to revoke the RSS, and the consequential removal of the NIA from the Development Plan, on this Council’s five year supply of housing land. This is set out below. The latest Five-Year Housing Land Supply Report published by the Council was in June 2010 with a base date of May 2010. This showed the Council as having a 4.1 year supply of housing land. It should be noted that the appellant at both the inquiries has questioned this figure and these issues are also being considered by 21 the Planning Inspectorate. The May 2010 Report did not include any sites that have approval for housing land as these were considered to lie within the NIA and should therefore contribute to the NIA housing target. As has already been stated the NIA no longer exists and the land therefore reverts back to meeting this Council’s target that in the interim continues to be 330 dwellings per annum. The following sites are affected: S/2007/0813/PO Wootton Fields 300 08/0208/DCNWS Grange Park Saxon Avenue 450 Sub total 750 Pending: S2006/1655/PO Norwood Farm (781) 781 Total 1531 There is no certainty that all of these will be developed within the next five years. Based on the phasing plan supplied by the applicants for Norwood Farm, some 275 dwellings could be developed within the next five years. It is estimated that 225 could come forward from Wootton Fields and 320 of the Grange Park (Saxon Avenue) (these are the figures used in the current NBC five - year housing land requirement, where these sites can currently be found). This results in 545 dwellings that can now be included in the SNC five - year supply calculation from committed sites. By including the two committed sites the Council would have a 5.5 - year supply of housing land based on the current housing target of 330 dwellings per annum. Whilst this is over the minimum five - year requirement it is important to note that the need to have a five - year housing requirement is a rolling process and it will be important that it is sustained over time. There is a need for some 30 new dwellings to come forward every month to sustain the supply. Also it is still unclear as to what the new ‘locally derived’ housing figure for South Northamptonshire will be. The only certainty is that there will be a housing requirement in the future. Clearly the outcome of the appeals mentioned previously, will be a critical factor in how the Council will then need to approach IRHP applications. It is understood that the decisions on the appeals will be made available in approximately two months time. If the above housing calculations are accepted, then the IRHP can be revoked and planning policy will revert to the Local Plan. If it is not proven then the Council will need to continue with the IRHP for the short-term at least, until it has secured an adequate supply of housing land. Either way the approval of the Norwood Farm site would contribute to the housing supply, and further reduce the Council’s need to rely on the IRHP. If the Norwood Farm application were to be approved then this would make a significant contribution to this Council’s housing requirement either now, if the Planning Inspectorate support the Council’s case, or in the future once a revised locally based housing figure is derived and agreed. 22 In policy terms the Norwood Farm application is considered to in a sustainable location as it forms part of a larger development proposal within Northampton Borough and provides for a strong and permanent green wedge in the form of a country park. It will have less of an impact on existing communities than some of those developments currently being considered in villages. In Policy terms the application is supported. 4.26 SNC – STRATEGIC HOUSING: Initial comments made in 2007 are now out of date, and a revised response will be made (see ‘reconsultation’, below). Reconsultation (March 2010): Response awaited and will be provided in the Committee Updates or at the Meeting. 4.27 SNC - ENVIRONMENTAL HEALTH: Generally support the proposal provided appropriate safeguarding conditions are imposed. Comments primarily relate to the development within the South Northamptonshire District (ie Norwood Farm). However, the close proximity of the ‘park and ride’ and employment land in Northampton Borough to existing and proposed sensitive receptors within the district, necessitates making observations regarding the whole scheme. The submitted Environmental Statement rightly identifies contaminated land, noise and air quality as potential areas of concern. The actual location of proposed residential and other sensitive developments in relation to the approved Sandy Lane Relief Road and the existing Weedon Road will determine how significant the impact is. The master plan appears to generally avoid the adjoining of incompatible land-uses so inherently provides a reasonable environment for future occupiers. Air Quality Air quality has been considered and there are no observations regarding this issue. Noise The baseline survey was conducted during August 2006. The noise climate during school holidays is not characteristic of the predominant remainder of the year. Therefore, predictions could be under-estimated. However, it is accepted that the predominately rural setting is unlikely to have significant seasonal variation in its existing noise climate, so overall do not object to the reliability of the data. It is recognised that development along Sandy Lane Relief Road and Weedon Road could be adversely affected by traffic. A mitigation scheme is needed to protect the amenity of future occupants in these areas. The mitigation measures will only provide protection within the homes (and school and community facilities) so the use of garden areas will not have the same level of protection. The scheme for SLRR should include protection measures such as bunds, fences, screening and sacrificial buffer zones (such as amenity areas, landscaping etc) but the extent of this will depend on how much was known about this development when considering SLRR. It is therefore, incumbent of the applicants for this proposal to properly consider the effect of the measures with the SLRR approved scheme and how they can complement that with their own scheme. A condition is needed for land development parcels A,B,D,H and I, (and N,O and the community/school area in NBC) requiring prior approval of noise mitigation measures to afford the necessary protection of amenity to the anticipated noise 23 climate (day and night). Contamination Preliminary surveys have identified potentially contaminative former uses of the land as well as naturally occurring arsenic and radon. Standard conditions relating to the approval and implementation of a remediation scheme related to the sensitivity of the specific end use of the land, validation of remediation and a final report should be imposed. Radon protection measures should be addressed through Building Regulations but the LPA may consider it prudent to impose a condition requiring the submission and approval of a scheme, as proposed by the applicants. Particular care has to be given to any integral garages. Should they not be provided with radon protection then subsequent conversion to domestic occupation will have to be prohibited by way of condition. Similarly it is prudent that permitted development rights are lifted for conservatories and extensions in the affected area to control the risk of future alterations compromising existing protection measures or not providing the same standard of protection as the main dwelling. Light This gets limited attention in the Landscape and Amenity chapter. Whilst the layout and design does minimise the impact of the development and provide some protection of amenity to occupants I recommend that a condition is added in relation to the park and ride so that the lighting scheme is submitted and approved by the LPA. It should also be 'tested' after installation to ensure light spillage is minimised. This not only provides protection to existing development at South View (in SNC area) but also ensures impact on biodiversity is minimal. There is increasing scientific evidence that large areas of artificial light interfere with nocturnal fauna as well as potentially causing nuisance to residents. The scheme can also ensure energy efficiency is properly considered. Waste Council guidance on storage and access for waste collection should be considered in the subsequent detailed schemes for development. This is to ensure there is adequate provision for separation of wastes in the home and suitable storage areas for communal and commercial areas without affecting the amenity of adjoining properties. Road schemes need to be sufficient to allow safe and unhindered access for waste collection vehicles. Reconsultation (March 2010): Response refers to consultation on the revised transport and drainage assessment for the proposed development of housing and Country Park at Norwood Farm land nr Harpole and makes no adverse comment regarding these. 4.28 SNC – HERITAGE & LEISURE: No response received. 4.29 SNC – BUILDING CONTROL: State that consideration should be given to potential geotechnical and foundation problems that are associated with hill slopes, particularly those greater than 7 degrees, in the Northampton area. In particular, all land of a greater than 7 degree slope should be considered as potentially hazardous unless a rigorous geotechnical report has proved otherwise. The proposed development could be affected by the reactivation of ancient/relic slip planes following disturbances caused by the earthworks associated with the development. In essence a geotechnical report should be prepared that verifies that the land is stable enough to build on. (Note: An addendum to the Site Stability 24 Assessment Report, specifically relating to the Norwood Farm Land, was submitted in May 2008.) 4.30 SNC - ACCESS OFFICER: Has no comments to make on the application at this ‘outline’ stage. 4.31 NORTHAMPTONSHIRE POLICE/CRIME PREVENTION DESIGN ADVISOR: Wish to make observations relating to Policing, Community Cohesion, Community Safety and Secured by Design. This broad based policing response will be added to by more site specific response once the planners have given approved planning consent. Note that this response regarding Norwood Farm applies equally to the wider development incorporating Upton Lodge Farm, (1784 dwellings, school, employment area etc) which is being determined by WNDC Executive Summary The following key policing and community safety issues need to be covered: • • • • • • • The Norwood Farm Design and Access Statement should promote the principles of ‘Designing out Crime’ and ‘Safer Places’, through Secured by Design and Safer Car Parks. The Norwood Farm vision should include references to Community Safety. A stronger reference to actions to reduce crime, anti social behaviour, the fear of crime and improving road safety should be included. It is important to guard against too much permeability within the development. It is essential that appropriate youth provision be provided. Positive youth activity results in reduced anti social behaviour and crime. Police Safer Community Team accommodation, within a Multi-Use centre, will put community safety at the heart of this new development. Ian Ledingham, Traffic Management Unit, Northamptonshire Police will make separate and specific comment relating to the highway proposals. Background There is virtually no reference in the Design and Access statement to crime and disorder, and the potential effect on communities if poor design is permitted. Issues of community safety and crime and disorder are relevant to any development, and if due consideration is not made at the outset, the future residents of the development are left with the consequences. There needs to be a commitment to the adoption of certain security standards throughout the development to ensure these aspirations are achievable. While design cannot be expected to eradicate crime, well-planned spaces experience lower levels of vandalism, violence and anti-social behaviour. Equally, sustainable neighbourhoods thrive in areas where communities have a sense of ownership over their surrounding spaces. Recognising this, the Government has made the creation of ‘Safer Places’ a core objective, highlighting the role that high quality design can play in reducing the occurrence and fear of crime. The remainder of this response provides detailed comments on the design and access statement. The Case for Action My major concern relates to the complete lack of reference to Community Safety and Designing out Crime from the Design and Access statement. I wish to see a much stronger commitment to these vitally important issues in the creation of ‘Safer 25 Places’. Please refer to the guidance contained in PPS1, the CABE publication, ‘Design and Access statements – how to read, write and use them’, and ‘Safer Places’. Community Safety Community safety is vital to the establishment of a successful environment in which people can live and work. This should be included in the pre-planning and design of business, retail and housing developments, bearing in mind, and where appropriate taking advantage of, their location and natural characteristics. Reducing crime, anti-social behaviour and fear of crime should be a high priority, with the realisation that low crime and low fear of crime will encourage potential new residents and businesses to view South Northamptonshire as an area in which they would want to live, work, invest and play. Designing out crime A priority should be to design out crime – all new developments whether residential, commercial or educational should adopt Secured by Design (SbD) and Safer Car Park award principles for buildings, external areas and car parks. SbD is a police initiative to encourage the building industry to adopt crime prevention measures in the design of developments to assist in reducing the opportunity for crime and the fear of crime, thus creating a safer and more secure environment. The preferred approach of the Police towards issues affecting neighbourhood renewal is to have them addressed in the planning and designing of new developments and through the masterplanning process to avoid creating future areas of deprivation at the outset. A key feature of this is the community development approach whereby the local communities are involved in the design process and ensuring that there are good community networks and facilities. The adopted SPG on ‘Planning Out Crime’ highlights spaces that could be used for antisocial behaviour and how these should be designed out of the development. Mike Scragg and David Lancaster can assist with the detail of the SPG, a guidance document that South Northamptonshire Council are signatories to, with NCC and the other districts. Safer Community Team (SCT) All areas of Northamptonshire have Safer Community Teams (SCTs) dedicated to local areas, although few are based within the heart of the community, mainly accommodated within existing police premises. We are currently seeking multi agency accommodation within the heart of the new and the existing communities through Section 106 contributions towards multi use centres, housing a number of service agencies. Effective policing relies on sound infrastructure. Policing teams should be locally based and readily accessible. This does not mean that every development should have its own police station but rather a local office, equipped with police systems and support from which staff can operate, thus reducing the need to return to police stations to complete routine administration. The development of Norwood Farm and Upton Lodge will require additional police officers in order to provide an adequate service to the existing and the new local residents of the area. A Safer Community Team unit comprising 2 Sergeants, 4 Police Constables and 8 Police Community Support Officers, plus support staff will be required (currently 1 Sergeant, 2 Police Constables and 2 PCSO’s). 26 The Safer Community Team base should ideally be provided in the first phase of the development. This facility should be part of a multi-use building, with shared facilities used by other services as well to both reduce the amount of space required by each service individually and reduce both capital and revenue costs for the building. The facility would need to be c. 140 square metres including showering and changing facilities that it is envisaged would be shared with other users of the building. In addition to the building, there is a requirement for both an outside store and securing parking for police vehicles to enable them to be left on site over night. The Planning Statement and Design and Access Statement Delivering a Sustainable Community (1.11) I ask that you consider including an additional Community Safety bullet point, focusing on the role of the area Crime & Disorder Reduction Partnership, within the list of what the development will provide. We wish to work with the planners and developers to ensure the local centres, neighbourhood centre, extensive areas of public open space and mixed use area are designed to reduce the likelihood of youths congregating resulting in anti social behaviour, minor crime and fear of crime. In addition to the primary and secondary schools we would wish to see youth provision for out of school hours. This should not just be outdoor provision but all year round indoor provision as well. Housing We strongly request Secured by Design full accreditation for both the owner /occupier and affordable housing elements so that we can ensure a level of security is delivered by the developers. Alternatively the housing should be built to Code for Sustainable Homes level 3 including the security elements so that Secured By Design part 2 accreditation can be awarded. Mike Scragg is available for discussions at any stage in the process to advise on all aspects of security and crime prevention. We welcome the commitment to construct all dwellings to the Eco Homes Excellent rating, which I believe has been superseded by the Code for Sustainable Homes. We would expect to see a reference in any Master Planning documentation to a commitment to build 'all new homes in Norwood Farm to a minimum of the Code for Sustainable Homes level 3, including the crime prevention elements'. This would then allow the police to award a part 2 Secured by Design accreditation on all houses. Car Parking I note that car parking will consist of a mixture of on street and courtyard parking. No mention is made of in-curtilage or garage parking, which are the preferred methods from a crime prevention point of view. Where courtyards are used the car parking will need to be in clusters of no more than 10 cars, visible from routinely inhabited windows (not bedrooms) and if Secured By Design is to be achieved then the courtyards will need to be gated. Courtyard parking areas give access to the rear of dwellings and this is not acceptable from a crime prevention point of view. We would be interested to know what form the ‘discrete security measures’ intended for the parking courts will take. 27 Communal car parking areas at the school and the local centre, and particularly the park and ride facility, should be designed to achieve Safer Parking standard. Public Space/ Greenspace/Landscape/ Open space We have a major concern regarding the location of these facilities. The proposal places them on the opposite side of the Sandy Lane Relief Road from the residential areas, and away from any meaningful natural surveillance. This is contrary to good practice and guidance, and is particularly relevant to the Adventure Playground area, which is likely to be frequented by younger children. The open spaces will need careful design to prevent them from becoming havens for under age drinking, drug use and anti social behaviour including motorcycle nuisance. In addition, the rear garden security of the houses fronting Sandy Lane and Weedon Road will be compromised by the formalization of the area as a public open space. This can be ameliorated by the planting of thorny (defensive) species along the back fences of the dwellings. Ongoing long term management and maintenance of the public realm will be required to ensure the sustainability of any new proposals within Norwood Farm. Some means of ensuring the revenue funding for this will need to be factored into any application to cover such issues as soft landscaping maintenance, rubbish clearance and street cleansing. There will need to be a very robust on going management and maintenance regime with employed ‘green space’ wardens to provide a capable guardian. Failure to do so has resulted in other newly developed areas becoming crime hotspots validating the ‘broken windows theory’ (Kelling and Wilson 1982). Footpath and Cycle strategy Parking facilities, bus, taxi, cycle and pedestrian routes are all key to the success of this new area. However it is important to guard against too much permeability within the development. Pedestrian routes should be clear and direct and reflect the needs of the neighbourhood. Unnecessary routes should be avoided especially when they create a low footfall, undermine defensible space, are too long, have little surveillance and where there is little community ownership of the route. Manual for Streets (DfT March 2007) states that footpaths should avoid access to the rear of dwellings, should not be segregated, and should be necessary - leading directly to where people want to go. Pedestrians and cyclists should generally be accommodated on streets rather than on routes segregated from motor traffic. Segregated footpaths provide anonymity for the legitimate user and burglar alike and can provide a choice of escape routes for an offender. ‘Crime Free Housing’ Poyner and Webb 2006 concludes ‘avoid networks of separate pedestrian footpaths to unsupervised areas. It is better to use the street network for most pedestrian movements’ I am concerned to see reference to pedestrian and cycle routes in the document. These are contrary to best practise advice detailed above. Design Codes We would support the publication of a Norwood Farm site specific design code. The aim of design coding is to provide clarity as to what constitutes acceptable design quality and thereby a level of certainty for developers and the local community alike that can help to facilitate the delivery of good quality new development. The police, 28 through Crime Prevention Design Adviser Mike Scragg, would be able to contribute much to this process. A recent local example of site specific design codes, including police community safety provisions, has been produced for Priors Hall, Corby. Youth Facilities There needs to be further evidence that their will be appropriate youth provision within the development. Local youths should be consulted on their requirements. Failure to consider appropriate youth provision will result in an increase in anti social behaviour and an increase in the fear of crime by other members of the community. Community Cohesion It is important to recognise the changing ethnic mix of the Northamptonshire population – particularly Polish, Lithuanian, Rumanian and Hungarian resulting from international in-migration to the area. New communities, in our experience, are more likely to be the victims of crime than the perpetrators. A reference to international in-migration may be considered appropriate. Conclusions The conclusions should have a strong reference to the importance of Community Safety provision making Norwood Farm a place where people really will want to live, work invest and play. The Local Strategic Partnership and the Crime & Disorder Reduction Partnership are very important in raising the profile of the area. 4.32 NORTHAMPTONSHIRE WILDLIFE TRUST: Raised some initial concerns and queries, which were responded to and dealt with by the applicants. The Wildlife Trust subsequently confirmed that, having read a letter dated 17/09/07 from the applicants, all of their issues and concerns had been addressed; and that, therefore, there were no outstanding points to be dealt with from their point of view. 4.33 NORTHAMPTONSHIRE PRIMARY CARE TRUST: The PCT is keen to see all new developments consider health as two main strands: 1) Health Services and 2) Healthy Environments The PCT have reviewed this application (incl. Upton Lodge Farm) and their recommendations are outlined below: Population Growth and Health Provision The health service in Northamptonshire is operating at or above capacity in some areas. In order to expand this capacity the PCT will require substantially increased resources for all areas. The financial allocation to the PCT is based on historic estimates of population and consequently there is unavoidable lag between the need being generated and the resources being made available to meet it adequately. Given the rapid population growth occurring within the Local Planning Authority areas, because of the number of large and smaller residential developments, the PCT will inevitably experience serious funding gaps and workforce shortages leading to a growing and unsustainable difficulty in meeting patient need. The PCT will therefore need to be assisted with the means to meet this additional need for the region’s NHS services. 29 Section 106 - Estimating the Health Needs of the Proposal The PCT uses the NHS Healthy Urban Development Unit (HUDU) Model as a basis for quantifying contributions. By calculating the new population over the phases of development and the usage of health services and facilities amongst the general community, the HUDU Model is able to estimate the need of the new population and the cost of meeting that need. The HUDU Model works out the capital and revenue finance required to provide the appropriate level of health care needed to service the new development, before NHS funding cycles catch up with the new population. The use of the HUDU Model and the assumptions behind it is supported by the ODPM Circular 5/05 on Planning Obligations (C5/2005), which is the justification for the provision of health facilities required by an increasing population, via Section106 developer contributions. All the people from the proposed development will require a range of NHS services. Planning obligations (Section 106) would assist the PCT to satisfy the need in these areas during the funding-gap period. (Note: The issues raised will be addressed through a S.106 Agreement and/or WNDC’s ‘standard charge’, but this will only deal with capital costs and not revenue issues, which will be an issue for the PCT to take up with their own funding sponsors.) The Creation of Sustainable Communities The PCT has reviewed the submitted Health Impact Assessment (HIA). English Partnerships (now HCA) and Redrow Homes are to be congratulated on providing an excellent HIA for this development, and this highlights their commitment to creating sustainable communities. We would wish to see all future HIAs submitted, to be of an equivalent standard. The PCT had the opportunity to review and comment on the draft HIA and since the changes suggested have been made, the PCT does not require any further amendments to be made. However, the HIA rightfully scopes a number of different disciplines and agencies and therefore the PCT would require that the HIA be reviewed by all relevant parties. The HIA should be reviewed by all contributors, as this would enable cross agency ownership (see key contact list on page 39 and Table 5 and 6). The cross agency partners will need to discuss how to take the recommendations forward so that these are implemented on the ground. We are unsure at this stage who should lead on setting up the steering group suggested in the HIA (WNDC, SNC or the PCT public health department)? The set up of a group is backed by the PCT as this will help enable the creation of social cohesion within the new community and facilitate the implementation of the HIA recommendations on the ground. The PCT would be pleased to support this development if the above is addressed and the S.106 Obligation incorporates a fair share to mitigate against the impact of the new development. 4.34 RAMBLERS ASSOCIATION: No response received. 4.35 GOVERNMENT OFFICE EAST MIDLANDS (GOEM): No response received. 4.36 DEFRA EAST MIDLANDS REGION: No response received. 4.37 SPORT ENGLAND: Raise no objection to the proposals, subject to the following conditions, as well as requirements via a S.106 Agreement, being incorporated into any planning permission that might be granted: Section 106: 30 A review of existing indoor and outdoor sports facilities, to establish current supply, capacity, quality and accessibility issues; to be undertaken within six months of any permission being granted. The results of the survey to be used to identify what new or improved facilities are required to meet the needs of the new development, and create a formula by which developer contributions towards providing appropriate indoor and outdoor sports facilities would be made. Conditions: 1. Details of phasing of development with regard to provision of sports facilities to be submitted and approved before commencement of development. 2. A detailed assessment of ground conditions affecting the land proposed for public / school playing fields (including drainage / topography) to identify constraints that could affect playing field quality, and how any such constraints would be addressed, to be submitted and approved before commencement of development. 3. Before commencement of development, details of the construction, design and layout of all playing fields/facilities (indoor and outdoor) to be submitted, approved and then implemented, also to take account of the assessments submitted pursuant to Conditions 1 and 2, above. 4. A management and maintenance scheme for the playing fields and sports facilities to be submitted approved and implemented, prior to commencement of any use of these facilities. 4.38 THIRD PARTIES: The application has been advertised through a press release, by press notices, site notices as well as extensive notification of adjoining and nearby occupiers by letter. The proposed development was also subject to pre-application community consultation, through local workshops held by the applicants. Copies of the application have been available at WNDC Offices, NBC Offices, SNC Offices, Duston Library and on-line. Some 30 letters have been received from adjoining or nearby residents, raising numerous issues which are summarized below: - Insufficient green space within proposed development. - Insufficient detail regarding the design of the Weedon Road corridor. - Concerns regarding deliverability of the community facilities. - A more up to date framework for coherent development of the South West District of Northampton is needed. - There are better (and allocated) sites within the NIA, more suited to development. - An inaccurate assessment of increased traffic generation and road capacity has been submitted. This will exacerbate the situation on already-congested roads. - Support the creation of a Country Park, but its location is wrong, away from the centre of the development and cut-off from the housing by the very busy SLRR. It could become little used and there would then be pressure for further development 31 on this land. - Support the realignment of Sandy Lane. - Road safety on surrounding roads would be made worse by the increased traffic volumes generated by this and other development in the area. - The pleasant approach to Northampton from Jct 16 of the M1 would be spoiled by building on this land. ‘Brownfield’ sites in the town should be regenerated first. - No ‘need’ for more housing in this area, which would simply create an additional ‘commuter-belt’ of people living in Northampton and out-commuting for work. - ‘Park & Ride’ location is misguided, and is not likely to be much used, as Northampton offers very little in the way of shopping attractions. - Insufficient dedicated provision for cycling is proposed. - No provision for secondary school accommodation and existing schools are already over-subscribed. - The development would encroach onto the ‘green-belt’ around Northampton, and outlying villages such as Kislingbury and Harpole will become part of the town and lose their individual identities. - Would be detrimental to wildlife and add to species decline. - Too much development already going on in the area, and this proposal would be the ‘last straw’. - Building on this site will remove views into and out of the surrounding area (eg views of The White House listed building could be obstructed). - Noise that will be generated by building works and additional traffic. - Inadequate provision for infrastructure such as sewage treatment, flood defence, medical services, local shopping and transport, is proposed. - Development would result in the loss of important green fields and countryside, when it would be better to build on ‘brownfield’ sites within the town first. - Insufficient car parking proposed and the main routes in and around the site are already heading towards ‘gridlock’. - ‘Park & Ride’ facility would create an unnecessary further traffic burden on roads. - ‘Park & Ride’ should make provision for station/terminal for a future ‘Rapid Transit System’. - Important to retain as many hedgerows and bridleways in any new development, as possible. - Loss of green fields not compensated for by insufficient provision of open space in new developments, including this proposal. 32 4.39 DUSTON ACTION GROUP (DAG)/NORTHANTS RESIDENTS’ ALLIANCE: Requested that additional independent reports be carried out, but fundamentally request that the application(s) be refused on the basis that the extent of the ground instability is far greater than reported by the applicant. Following a response to this letter by the applicant, a further letter was received from DAG dated 12th November 2008. Fundamentally DAG still questions the accuracy of the stability report and the provenance of the evidence produced. A combined site visit is requested to clarify arguments over pictures and maps contained within the report. Reconsultation (March 2010): Respond as follows (Note: NRA/DAG have asked that references to ‘WNDC’ in these comments, should also be read as references to ‘SNC’): Northants Residents Alliance are acting on behalf of its members and also we are authorised to represent the Duston Action Group Limited in this matter. We raise the following list of objections to this planning re-consultation. A number of the objections are technical and may require further detailed investigation by your officers to evaluate their importance and the likely effect that some of the issues will have on matters of public safety. The leaders of NRA are always prepared to engage and assist with such investigations wherever possible. We have access to properly independent qualified engineers and are willing to share their findings with WNDC. 2. Re-consultation letter doesn't include all the revised subjects that are covered by new documentation from the applicant. WNDC's letter (undated and received by NRA as late as 2nd March 2010) suggests that the revision of documentation submitted by the applicant is confined to ‘Transport Assessment and Framework Travel Plan’ documents. However, looking at the documents listed on WNDC web site, we notice that revised documents have also been submitted in respect of a ‘REVISED FLOOD RISK ASSESSMENT’. It is our assertion that members of the public and consultees have been misinformed about the extent of the revision to the original application and therefore the consultation exercise has not been properly conducted. In addition, we advised WNDC yesterday (via email) that the 'Submit Comments' pages of the WNDC planning website do not allow submission of comments at all in their present state – because of a design error. Northants Residents Alliance are of the opinion that members of the public can expect at the very least, accuracy and efficiency from Planning Officers and recommend that, to avoid a future legal objection on this point, the consultation should be re-run and the application hearing postponed accordingly. 3. Solifluction. Misleading figures in Halcrow's original submission have not been amended. Inaccurate Slope Measurement In advance of the original application hearing in December 2008, Duston Action Group, advised that they had employed a surveyor to check the angle of slopes at Upton Lodge farm and discovered that the various Halcrow surveys had understated the angle of several slopes which were, by DAG's findings, at 7-8 degrees. Halcrow had earlier submitted slope surveys for this application as well as using the application for the unfortunate Sandy Lane Relief Road that contradicted each other, but which gave the impression that nearly all of the site's slopes were 33 only at 6 degrees. (Experts agree that the critical angle where Solifluction becomes a real threat is 7 degrees). During the application hearing, Roger Kingston, representing DAG, raised this matter and the meeting was told by the Halcrow representative that they knew this was probably true and that Developers would just ‘have to be careful’ when planning construction. We note with disdain that this admitted inaccuracy was not minuted and has not been rectified in the Applicant's submissions. NRA take the position that since the currently available documents are misleading to the Planning committee, either by omission or intent, a valid and informed decision about the safety of the slopes for construction cannot be arrived at. The decision to award planning permission when these inaccuracies have been brought to the attention of WNDC would be ‘Unreasonable’. 4. Sustainable Urban Drainage Designs and Their impact on Land Instability. Whereas Halcrow have now identified the extent to which the conditions for Solifluction exist across two-thirds of the proposed site, there is an omission in the Applicant's submissions regarding the deleterious effect of ground water being retained on the site and infiltrated into the ground. Indeed, it would appear that much of the drainage strategy for this site is based upon improved water retention and permeability of the site. It will be seen from the Applicant's reports on Solifluction, the effect of groundwater; its presence, its quantity and pressure is likely to increase the possibility of land instability in ground that is susceptible to Solifluction. i.e. the Upton Lodge site. The NRA's qualified engineer has commented that the use of ditches to contain water on hillsides that are too steep for pools or lagoons, will cause water to permeate into the soil in a more concentrated manner, thus increasing the possibility of landslip conditions in thaw/freeze/thaw conditions. In his experience, landslip was caused in this way by the use of such water retention techniques at Cherry Orchard Farm, Hardingstone and, even though the engineers anticipated this problem by lining the ditch with impermeable material, in practice the water got behind the liner and caused the slope to collapse. The imperative with sloping sites comprising Northamptonshire Sands and Whitby Mud (Lias Clay) is to reduce ground water to a minimum to improve stability. The concept of SUDS contradicts this requirement. Assumptions that SUDS water retention measures will not affect the water content of the underlying soil are proven to be unsustainable in practice. 5. Information provided by local historians has not been updated in the Applicant's submission. During the original planning application hearing, a local and well-respected Historian made strong representations to the Committee regarding the historical importance of the proposed site. Whereas the Committee took on board the news about the important status of the Upton Lodge farm buildings – a point which had escaped the Environment Agency's report. Following the meeting, we would expect to have seen a revised submission showing the listed status of the Upton Lodge Shire Horse Stud Farm buildings. However, the original document has not been revised, therefore making this item invalid for submission. 6. Revised Transport Assessment Much of the report is obfuscated by reference to computer models, assuming that the data upon which their models are based are accurate. However, it seems from 34 some of the resulting calculations that the number of vehicle movements expected per day per household has been significantly reduced from the manual models used prior to computerisation. Whereas we appreciate that computer models are capable of more sophisticated modelling of the likely impact of increased traffic under many different scenarios, we still question why the expected number of vehicle movements per dwelling appears to have been reduced from a familiar 7 per day (used by Northamptonshire County Council prior to computer modelling) to less than 4 per day. Especially at a time when Northamptonshire is reported in the press as having the distinction of being the County with the fastest growing number of car users in the country. We prefer to use a common-sense approach to calculating the number of car journeys that are likely to be generated. For example, the majority of homes these days possess two cars. Some, with teenage children can have up to four cars. So, the modest case with one partner at work and one school age child, we can expect that one partner will drive to school and then to home in the morning. The same partner may drive to school again in the afternoon and return home once more = 4 journeys. The other partner may simply drive to work in the morning and return home by evening = 2 journeys. Notwithstanding deviations that would exceed this movement count such as: Children who can drive, people operating vans and cars from home as part of their business, it would seem that 6 vehicle movements per household per day would be a reasonable supposition upon which to base traffic movement calculations. Any less would be ‘unreasonable’. Multiply the number of houses planned for this site by an average number of 6 vehicle movements per day per household and this results in 10,200 total vehicle movements per day. Since there is no provision for a Secondary school on this site and since the level of onsite employment to be provided is very small, it is unlikely that this figure can be easily reduced by computer modelling. A point is made in the Transport Assessment about the much vaunted sustainable transport system reducing the need for personal transport by the achievement of a significant modal shift to other means of transport. The problem with this theory is it cannot be taken as fact when considered in relation to this application, because there is no evidence of successful modal shift anywhere in the United Kingdom achieving more than a 5% difference. Awarding planning approval on the figures provided would be both ‘unreasonable’ and irresponsible. 7. Revised Transport Assessment and WNDC Tariff Funding for Infrastructure We are advised in the revised assessment that funding for the enormous amount of additional infrastructure that will be required to support the increase in traffic from this large site will be by WNDC tariff. Northampton Residents and local politicians alike have made their feelings quite clear on this point through various protest meetings and a public march in Northampton last year. The statement they have collectively and firmly made is ‘No expansion without Infrastructure first’. Of course, this applies to the lack of up-front funding for many of the essentials of supporting new developments such as secondary schools, medical centres, sewage, drainage and flood management, etc. But it also includes proper road networks that are strategically planned and in place just before new housing is occupied. Clearly the WNDC Tariff in this case does not fulfil the essential function required of any proper town planning, which is the provision of a strategic road network. We fail to be convinced that so-called 'affordable housing' loaded with an unaffordable £20,000 premium per house can in any way provide the funding for a strategic road network. Mysteriously, we are not supplied with any details in this revised application of what would be involved in such a network improvement. We can be certain, however, 35 that with or without a Local Planned strategy, the roads will not be built until long after the houses are occupied. Therefore, unlike the way that Northampton Development Corporation operated during the extension of the town to the East in the 70's/80's where there was a natural understanding that roads were essential before houses could be built, this application seems to be 'fudging' around the issue that there is no funding for proper infrastructure before the housing is occupied. Given the heightened state of public feeling and the clarity of the wishes of the public, we feel that a decision to approve this retrospective funding of a piecemeal approach to road network provision will cause a general outcry and will also be considered as ‘Unreasonable’. Evidence that may be used to support this belief is the failure of the ‘West Northampton Orbital Bypass’ that was proposed 5 years ago by WNDC, but has merely ended up being the ‘Road to Nowhere’ and has destroyed much agricultural land, without any improvement in traffic flows. Our members and the wider public have every reason to believe that the WNDC Tariff funding approach is inadequate as a protection for their current standard of living at would ‘unreasonable’ for the Planning Committee to award this application under this proposed arrangement. 4.40 NENE FLOOD PREVENTION ALLIANCE: No comments received. 5. POLICY 5.1 Following revocation of Regional Spatial Strategies (RSS) by the Secretary of State in July 2010, the Development Plan consists of the ‘saved’ policies in the South Northamptonshire Local Plan (SNLP) and any adopted Supplementary Planning Guidance/Documents. 5.2 South Northamptonshire Local Plan – The following ‘saved’ policies are relevant: G2 – General G3 – General H6 – Restraint Villages and Open Countryside H7 – Affordable Housing EV1 – Design EV2 – Development in the Open Countryside EV7 – Special Landscape Areas EV8 – Important Local Gaps EV21 – Hedgerows, Ponds and Other Landscape Features EV29 – Landscape Proposals RC10 – Amenity and Children’s Play Areas RC14 – Noisy Sports in Special Landscape Areas IMP1 – Planning Obligations Supplementary Planning Guidance/Documents: The following are relevant to this application: SNC Five-Year Housing Land Supply Assessment (June 2010) SNC Affordable Housing SPG (December 2003) SNC Developer Contributions SPG (August 2001) SNC / DDC Energy and Development SPD (March 2007) NCC Local Transport Plan (2006) NCC Planning Out Crime (2005) NCC Parking SPG (March 2003) 36 NCC Planning Obligations and LEA Schools Provision (2003) NCC Draft Developer Contributions Document (2010) 5.3 National Policy – Relevant Planning Policy Statements and Guidance include: PPS1 - Sustainable Development & Climate Change PPS3 – Housing PPS4 – Economic Growth PPS5 – Planning for the Historic Environment PPS6 – Planning and Town Centres PPS7 – Sustainable Development in Rural Areas PPS9 – Biodiversity and Geological Conservation PPS10 – Planning for Sustainable Waste Management PPS 11 – Regional Spatial Strategies PPS12 – Local Spatial Planning PPG13 – Transport PPG14 – Development on Unstable Land PPG17 – Planning for Open Space, Sport and Recreation PPS22 – Renewable Energy PPS23 – Planning and Pollution Control PPG24 – Planning and Noise PPS25 – Development and Flood Risk 6. APPRAISAL 6.1 Having regard to the development plan for the area and the location, scale, nature and type of application and representations received to the consultation exercise, the following are considered to be the principal matters for consideration: - The principle of development and the development plan and the need for further residential development. Sequential test under PPS3. Design, visual impact and relationship to the surrounding area. Transport – including traffic capacity issues. Infrastructure provision (Sandy Lane Relief Road - SLRR). Sustainability issues. Environmental impacts including noise, air quality and light pollution. Flood-risk and drainage. Land stability issues. Housing, including ‘affordable’ housing. Employment. Local Centre. Education. Country Park & Open Space – including potential loss of open countryside. Phasing of development. Developer Contributions - Section 106 Legal Agreement - Heads of Terms - The principle of development 6.2 The main policy considerations, particularly in relation to the issue of Housing land supply, are well-rehearsed and considered at Para. 4.25, above (to which Members are referred), and it is not intended to repeat these here. 37 6.3 In essence, if the Norwood Farm application were to be approved then this would make a significant contribution to this Council’s housing land requirement either now (if the Planning Inspectorate support the Council’s case), or in the future once a revised locally based housing figure is derived and agreed. 6.4 In policy terms the Norwood Farm application is considered to be in a sustainable location as it forms part of, and would complement, a larger development proposal within Northampton Borough. It would also provide for a strong and potentially more-permanent ‘green wedge’ in the form of a country park. It would have less of an impact on existing communities than some of those developments currently being considered in some South Northants villages. Sequential test 6.5 Consideration was given to this application in respect of whether the site is still a sustainable location to bring forward such a development, against current planning guidance. The site is well located to transport links, employment opportunities, public amenities and retail and would be well served by public transport into Northampton. In the absence of a core strategy for long term growth there are few alternative, available sites that benefit from support, to the level that this site does. Where such sites do exist (eg Dallington Grange, in Northampton), they may be considered to be no more sequentially preferable to that at Norwood Farm/Upton Lodge, at the current time. Clearly, in respect of other areas within South Northants (eg to the south of the district boundary and adjoining Northampton Borough), Norwood Farm may be seen as ‘sequentially preferable’ in meeting housing land supply and development needs. Design, visual impact and relationship to surrounding area 6.6 The application is in outline form and therefore little detailed information regarding the public realm and design is required to be included at this stage. It is, however, essential that this development contributes towards a high quality design throughout the wider area. It is anticipated that there will be design codes applied to the site, and these would need to be agreed before any reserved matters applications are submitted. The codes will relate to both residential and non-residential areas. Particular regard will need to be given to principal road frontages such as Weedon Road and the SLRR, as well as any areas of heritage sensitivity. The existing Masterplan and development principles outlined in the application documents, demonstrate an awareness of the design and development opportunities provided by the site. 6.7 With regard to density of development, higher densities are proposed: • • • 6.8 along the spine road within the site, to take advantage of the public transport corridor along the SLRR, to help provide a firm and definitive boundary to Northampton on the lower slopes, where urban form will have less impact on long distance views In other locations, and in particular on the higher slopes, densities will be lower. This, in turn, reduces the impact the new development will have on the existing buildings adjacent to site parcel ‘A’. Views into, out of and around the site are all important, with views into the site perhaps being of most significance. Visual connections and sight lines to St. Crispin’s clock tower and the White House former nurses’ home are expressed in the Masterplan. Landmarks, which might include 38 distinctive buildings, building features or public art, will assist in providing reference points and a hierarchy of place throughout the proposed development. These will need to be carefully considered with regard to the impact on existing views into the site, particularly as and when any reserved matters applications come forward. 6.9 With regard to scale and massing of development, a maximum building height of four-storeys is proposed. However, most development will be two or three-storey. Heights are likely to be lowest on parcels A, F and G where the development is adjacent to existing homes at Berrywood Fields and St. Crispin (within Northampton). The consequent impact upon those existing properties, some of which may suffer a loss of view will accordingly be determined by normal planning criteria applied at the reserved matters and design codes stage. There is nothing within the application documentation to suggest that the scale and massing of the development on these upper slopes will be incompatible with or unacceptably harmful to the amenities of neighbouring properties. 6.10 With regard to potential impacts on existing housing within South Northants, the only residents potentially directly affected, are those living at South View/Sandy Lane, immediately adjoining the south-western corner of the application site. However, as these properties all back onto the site, and as the proposed country park would adjoin them, they are unlikely to suffer any unacceptable loss of amenity. 6.11 Buildings up to four-storeys are most likely to be located close to the SLRR, where there is an intention to create a pronounced edge to the development, and where there is no other built development nearby. This would have a similar appearance to Upton (Phase 1) in Northampton, in terms of views from the south. Buildings up to four-storeys may also be provided along the spine road and adjacent to the local centre, consistent with the potential areas of higher density. Building heights, scale and massing will require careful consideration where the site borders the proposed country park / open countryside, and the St Crispin Conservation Area (within Northampton). 6.12 Any design codes will also need to include details of principles adopted for energy efficiency (as outlined in PPS 22 – renewable energy), although requirements for building to Level 3 of the Code for Sustainable Homes as a minimum, and a minimum level of landscaping (including details of future maintenance) would apply. There are requirements too for seeking 10% of on site energy use to be from renewable sources. The design codes should further take a holistic view of the various development parcels, to ensure that adjoining parcels compliment each other and maximise the opportunities of the proposed development. A Section 106 Legal Agreement would require that reserved matters applications fulfil all the design principles identified in the codes. The application nevertheless demonstrates that the development proposed is capable of delivering an appropriate form and quality of built development, consistent with national and local planning policy aspirations. From the information provided, there are considered to be no reasons why the development, if permitted, should not achieve a good sense of place and a quality environment that people would want to live and work in. Transport (including traffic capacity) 6.13 The street patterns and footpaths that characterise the masterplan should encourage walking and cycling throughout the community. The walking routes will directly link into the wider local footpath and bridleway network. The spine road intended to run through the centre of the development would form a logical route for 39 local bus services. There is, however, limited detail on the frequency of bus services at this stage, and whether local bus operators have agreed that it is likely that the service will be sustainable in the longer-term and provide a commercially attractive route. This will need to be further addressed through any Section 106 Agreement via a detailed travel plan that sets out clear targets and addresses any failure to achieve a modal shift. SNC and WNDC Officers are working with the Highways Agency and the County Council to further-develop an effective green travel strategy, as part of the strategic planning of the wider area. This may, in turn, require further financial measures to be put in place over a number of years. This will be part of the S.106 process, which will seek to pool some contributions and then, in turn, monies can be available to address bus service frequency issues. 6.14 Park & Ride: (Note: This does not form part of the application being considered here, but the information is provided for completeness.) A site of approximately 4.8 hectares is proposed to accommodate up to 1,000 cars. This is to be located to the west of the proposed SLRR with an access directly off Weedon Road (intended to lessen traffic movement through the proposed controlled junction at Weedon Road/SLRR/CVLR). This prominent location will require very careful treatment to ensure that it does not undermine the appearance of the proposed employment site opposite. Careful consideration will need to be given to boundary treatment with the Weedon Road and other neighbouring sites (eg the residential properties that adjoin), on what is an important approach into Northampton, to screen any appearance of a ‘sea of parked cars’. As yet, NCC has not confirmed the required phasing of the facility, which is provided for in the strategic plan for the Northampton SW District. The Section 106 Agreement would therefore need to ensure that the land is given to WNDC at an appropriate trigger point. 6.15 Access to the park and ride facility will also be available from the east-west spine road and SLRR. A bus lane is proposed for the eastbound carriageway of Weedon Road, to encourage use of the park and ride facility. Car parking levels throughout the development are proposed to be consistent with adopted guidelines and provided in a variety of ways depending on what is most appropriate for a particular use in the location proposed. The park and ride site could provide opportunities for shared parking facilities within the employment area and, to a lesser extent, the local centre, which would all be in close proximity. 6.16 Negotiations to finalise and fully-resolve outstanding transport and transport-related issues are ongoing with both the Highways Agency and NCC as Highway Authority, as part of a committed programme of works to examine and mitigate wider strategic impacts from this and other development proposals. These discussions have moved forward in a positive way and have focussed on managing impacts of traffic on the wider traffic network, alongside a strategy for modal shift to public transport and more sustainable modes of travel. Large scale off-site highway infrastructure provision will not be required solely as a consequence of this specific development. 6.17 The Highways Agency has previously reviewed the traffic assessment for the SLRR on the trunk road network at the M1 junctions 15a and 16. It had been concluded that the proposed road should not have a significant impact in terms of reassignment of flows on these junctions. The Highways Agency and County Council had no objections to that proposal and accordingly it is considered that the principle accesses into the site via the SLRR (and the St Crispins site access on Weedon Road) are appropriate. 6.18 A further response was received on 16th August 2010, regarding the Highways Agency’s stance in respect of highway and transport issues that they consider still 40 need to be fully-resolved (refer Para. 4.10, Reconsultation - March 2010, above). On the basis of this more-favourable response, highway and transport issues are no-longer considered an obstacle to being able to recommend approval of the application, but any such recommendation should include a requirement that the HA’s TR110 Holding Direction would first have to be lifted, before any permission could be issued. Infrastructure provision (Sandy Lane Relief Road) 6.19 The proposed Sandy Lane Relief Road (SLRR) forms part of the site access to service the proposed development (incl. the rest of the proposed Upton Lodge development, adjacent). The SLRR is, thus, important in enabling full development of the Upton Lodge area. The approved SLRR forms part of the Northampton western route linking with the Cross Valley Link Road (CVLR) through Upton Park and Pineham, to the south, and the proposed northern link road - Sandy Lane Improvement North (SLIN). 6.20 The completion of the northern section of the SLRR currently has some uncertainty attached, due to land ownership matters (ie Norwood Farm). The applicants have stated that the landowner is not prepared to release the land needed for completion of the SLRR, until such time as planning permission for the development of Norwood Farm has been granted. Alternatively, completion of the road, which has planning permission, could be secured through other statutory processes, if required. Control of the phasing of development, to ensure that the northern link is completed may however still be required by the County Council. 6.21 It is considered through the Northampton Multi-Modal Model (approved by NCC for use in traffic modelling), that the proposed development of the wider South West District cannot be achieved without the SLRR, because the existing infrastructure will be unable to accommodate the likely traffic levels. As previously stated, there may be a delivery problem in that the landowner would apparently be unwilling to release land for the northern part of the SLRR (i.e. crossing the Norwood Farm site, within South Northants), should planning permission for the current application not be granted by SNC. In that event, this could result in a requirement for the use of CPO powers (in regard to Norwood Farm section of SLRR), but this, in turn, might result in significant delays in the delivery of the wider development and a key section of the West Northampton orbital route. However, the adjoining application which WNDC have already resolved to approve, could still be built out, as it is not dependent on the northern section of the SLRR being constructed first. 6.22 The proposed SLRR (which has planning permission) would be approximately 1.1 miles (1.7km) in length and link Berrywood Road and Weedon Road (A45). The road will be a 7.3m width single-carriageway, but with the potential for dualling in the future. The SLRR is also intended to form the western edge of the developed area of the application site, with the developed area being to the east of the new road, and the proposed country park (and park & ride facility) located to the west. The delivery of the SLRR is therefore a major concern as it affects the potential timing of delivery of other development. There will be a need to control the phasing of development to restrict the amount of development that could be built until the SLRR is built to the northern boundary of the application site. It should also be noted that agreed developer funding of the SLRR, is dependent on a resolution to grant planning permission for the development of Norwood Farm. This would be secured via a S.106 Obligation. 41 Sustainability 6.23 It is intended by the applicants that all homes will be built to Code for Sustainable Homes Level 3, as a minimum, in line with the applicants’ current national development standards. Flood attenuation will be provided on site through the use of Sustainable Urban Drainage Systems (SUDS), primarily consisting of swales, wet/dry areas, soakaways and balancing ponds. These will occupy large areas of open space and, like the Upton Phase 1 development, nearby, are likely to help by bringing forward more green space and contributing towards biodiversity within the development. 6.24 A requirement for at least 10% of the development’s energy needs to be provided from sustainable sources, should form part of a S.106 Obligation. Environmental impacts (including noise, air quality & light pollution) 6.25 The Environmental Statement assesses four potential scenarios for development. The options to be assessed are ‘Do minimum’ and three options of ‘Do something’. These options consider the impact of the proposed Upton Lodge (incl Norwood Farm) development and other proposed development on the application site and surrounding areas. The scenarios are summarised as follows: - Option 1 – ‘Do Minimum’ - Assumes that the proposed development is not provided and the existing Sandy Lane is retained at present. - Option 2 – ‘Do Something 1’ - Proposed Upton Lodge development (incl Norwood Farm) is provided with access from the existing Sandy Lane. - Option 3 – ‘Do Something 2’ - Proposed Upton Lodge development is provided, and Sandy Lane Relief Road is assumed deliverable. - Option 4 – ‘Do Something 3’ – SLRR provided as Option 3, together with Cross Valley Link Road, Sandy Lane Improvement North and Dallington Grange Development (within Northampton). 6.26 The submitted Environmental Statement has been independently assessed and reviewed by Entec, for SNC & WNDC. As a result of this review, and following further discussions with the applicants, recommendations were made in respect of the following areas: socio-economic effects, biodiversity, landscape and visual, ground conditions and contamination, water resources, noise and vibration, air quality, archaeology and cultural heritage and transport, movement and access, all as follows: 6.27 Socio-economic effects: It is recommended that planning conditions and/or S.106 obligations are put in place to require the implementation of: - a medical facility to be included in the detailed design of the proposed development as this will avoid significant effects on the new residents and users of existing local medical facilities. (Note: This does not form part of the application being considered here, but would form part of the adjoining and associated development.) - The detailed design of the development to provide affordable housing in accordance with the needs set out in local authority local housing need studies. 6.28 Biodiversity: It is recommended that planning conditions and/or S.106 obligations 42 are put in place to require the implementation of a number of elements of the schemes design and construction management measures, as outlined in the ES. Construction management measures should be incorporated into a Construction Environmental Management Plan (CEMP), which should be approved by SNC (& WNDC) prior to any development commencing. 6.29 Landscape and visual: It is recommended that conditions and/or S.106 obligations are put in place to require the implementation of the following measures: - The planting proposals outlined as part of the scheme, as the mitigation of potential landscape and visual effects is dependent on planting and landscaping proposals being implemented. - Planning conditions and/or obligations should also be used to implement an appropriate phasing plan. It is important that consideration be given to implementing elements of the landscape planting scheme from the very first phase of construction, particularly planting which will screen some views of the new development from existing receptors (eg as those along Berrywood Drive). - The appropriate long term management and maintenance of landscape planting will be essential to ensure mitigation of the impact of the scheme. Therefore, it is recommended that a long-term planting management plan be produced, and if possible linked with the habitat management plan. This together with the funding of the long-term maintenance of the planting should also be ensured through planning obligations. - In addition to the above recommendations, consultation responses received have recommended that a planning condition is developed to ensure that a lighting scheme is submitted and approved by WNDC for the park and ride facility and that the scheme should also be 'tested' after installation to ensure light spillage is kept to the minimum. In particular, this would be necessary to protect the amenity of residents of South View/Sandy Lane. 6.30 Ground conditions and contamination: It is recommended that planning conditions and/or obligations be put in place to require the implementation of a Construction Environmental Management Plan (CEMP) which should incorporate the mitigation measures outlined in the ES (see Section 8.5 of the ES). The CEMP should be approved by SNC (& WNDC) prior to any development commencing. 6.31 Water resources: It is recommended that planning conditions and/or obligations are put in place to require implementation of the following: Ensure a CEMP, which incorporates the mitigation measures in relation to water set out in Section 9.5 of the ES, is implemented. Any measures set out in the CEMP should comply with the Environment Agency’s Pollution Prevention Guidelines as well as their requirements for discharge consent procedures. Furthermore, the CEMP should include additional information on measures to prevent and minimize the mobilization of arsenic, which is naturally present within local soils. A detailed drainage strategy, based on the Sustainable Urban Drainage System (SUDS) to be submitted as part of the application. 6.32 Noise and vibration: It is recommended that planning conditions and/or obligations be put in place to require the implementation of the following measures: - A CEMP, which incorporates the measures set out in Sections 10.5.1 and 10.5.2 of the ES. The measures set-out in the CEMP should ensure that no working takes 43 place during night-time hours and that there is a requirement for vibration monitoring and mitigation, should there be any need for piling activities to take place within 40m of residential properties. - An appropriate scheme of mitigation for new residential properties and community and school buildings within the development. The mitigation scheme should set out the level of attenuation to be provided by glazing in order to achieve appropriate internal night-time and day-time noise levels. It should also consider appropriate measures to protect external areas from undue noise. - Noise limits for fixed building plant within the employment area (as specified in Table 10.16 in the ES), in order to avoid noise effects. If such plant is to be operational during night-time hours, appropriate limits should be set relating to night-time noise levels. (Note: This relates to the adjoining site, and does not form part of the current application.) - Restrictions on the operating hours of employment development. This will aim to ensure that local residents are not disturbed by the operation of any employment development during night-time hours. (Note: This relates to the adjoining site, and does not form part of the current application.) 6.33 Air quality: It is recommended that planning conditions and/or obligations be put in place to require the implementation of a dust management plan during construction phases. This should be incorporated into the Construction Environmental Management Plan (CEMP). 6.34 Archaeology and cultural heritage: It is recommended that planning conditions and/or obligations are put in place to require the implementation of the following measures: (i) The proposed and agreed archaeological evaluation; (ii) a watching brief during construction work, where appropriate. Such measures should be incorporated into the CEMP, which should also outline measures regarding the excavation and recording of any archaeological remains, should any be found during the watching brief. 6.35 Transport, movement and access: That planning conditions and/or obligations are put in place to require the implementation of the following measures: - Mitigation measures outlined in Section 13.5 of the ES in relation to increased traffic flows and pedestrian and cycle access. - A construction traffic management plan, which should be incorporated into the CEMP. 6.36 A number of documents, which form part of the planning application, have been submitted since the Environmental Statement (ES) was first produced. These reports include further Ground Investigation and Land Stability reports. However it is not considered that these reports raise any additional or new material considerations that could result in any likely significant environmental effects that have not previously been assessed in the ES. Consequently it is considered that the ES satisfactorily covers all of the potential significant environmental effects and subsequent mitigation measures. The assessment of the Environmental Statement has been undertaken with full support of independent professional expertise. This 44 has concluded that to mitigate the impacts identified provisions will need to be made in the Section 106 Agreement, and/or in the final planning conditions to be attached to any permission granted, in order to secure the necessary and relevant mitigation measures as explained above, and to secure the parameters of development assessed in the ES. Flood risk and drainage 6.37 Discussions on these matters between the Applicants, SNC, WNDC, Environment Agency and Anglian Water have recently been successfully completed. From the discussions the EA had been raising issues surrounding strategic water infrastructure management rather than site specific matters relating to the form and layout of the development. The principle issue raised related to not all of the site being ‘allocated’ in the local plan, and programmed improvements to capacity within the sewage system. The applicants have also provided a specific ‘Norwood Farm Surface Water Drainage Strategy Assessment’ (May 2009), and the EA have recently confirmed that they have withdrawn their objections to the proposed development, subject to requested conditions being attached to any permission granted. 6.38 The Environment Agency have indicated that they are satisfied with the updated Flood Risk Assessment details submitted (March 2008). None of the site falls within the River Nene Flood plain. In response to the EA’s concerns with regard to a potential increase in proposed dwellings over the Local Plan allocation, the applicants have advised that HCA developments are required to reach Level 4 of the Code for Sustainable Homes, with regards to water consumption. This would lead to a reduction in water consumption and sewerage, when compared with the levels that were originally envisaged for a lower number of dwellings. Land stability 6.39 A Geo-Technical Report originally accompanied the application when it was submitted, but in view of the importance of the issues raised by SNC, WNDC and third parties with regard to slope stability, further Site Stability Assessments have been undertaken in accordance with the guidance in PPG 14 (and its appropriate companion guide). These include the sinking of trial boreholes and excavation of pits across parts of the site. Further site stability reports have been submitted during the application process and have been subject to limited consultation with the concerned parties. These reports arrived at the conclusions set out below. 6.40 The Upton Lodge site (incl. Norwood Farm) has been investigated by means of a Desk Study Interpretation, a Geomorphological Walkover Survey and a Ground Investigation. A stability analysis was undertaken, based on all relevant site information that has been derived from the above survey work. The results of this analysis indicate that certain slopes within the site will require remedial measures in order to create sufficiently stable slopes for the proposed development. Further, the development areas in the original Masterplan have been slightly adjusted to reflect the findings of the studies and to remove small parts of the site from future development. The reports conclude that in relation to the proposed development a number of more specific measures should be undertaken, to include the following: 6.41 The design of the estate road that crosses the Red Zone (Figure 4 in the Report) incorporates drainage measures to control groundwater, in order to ensure the slope remains stable, or a revised alignment is required. The road level and alignment should be designed to avoid undercutting of the 7-degree slope, unless 45 compensatory retaining measures are provided. Where slopes are typically less than 5.5 degrees (i.e. Green Zone, on Figure 4 of the Report) the existing natural factor of safety for stability should be adequate (subject to further confirmation and mitigation of any adverse affects of the development) and housing development should be possible. Where development loads are exceptional (e.g. more than a 3storey development) piled foundations should be provided. 6.42 Following the outline planning process, detailed ground investigations should be undertaken in the low to medium risk areas (Orange Zone; shown on Figure 4 in the Report), unless these are to be excluded from the development areas, to confirm where and what remedial works are required (if any). Groundwater monitoring of existing boreholes should continue on a monthly basis for at least a full cycle of seasons. 6.43 Any development on the site close to the Red Zones or Orange Zones should not use soakaways as these could locally cause an unacceptable rise in groundwater levels. Piled foundations may be required in some areas within the Orange and Red Zones, in order to transmit loads to deeper strata. 6.44 Ponds/water attenuation features should be avoided within the Orange and Red Zones of the development site. It is understood that the water attenuation ponds for the site are to be located west of the proposed SLRR route (close to the existing brook/water channel) and at the toe of the Red Zone slopes. It is recommended that the proposed pond at the toe of the Red Zone slope be engineered to ensure that there is no reduction in slope stability (e.g. by reducing the excavation of the pond to a minimum and by engineering the base of the pond to provide an ‘impermeable’ base). Ground investigations should be undertaken within the proposed pond area to provide appropriate information to design the pond and to enable confirmation of measures required to ensure that the pond does not impact the stability of Weedon Road. Similarly, soakaway drainage should not be permitted in the development; the natural soils present are in any case poorly suited to this process. 6.45 PPG14 makes clear the requirement for development to have regard to land stability. Whilst confirming that LPAs owe no duty of care to individuals on this matter, the guidance outlines the LPA's responsibility to ensure that the following issues are addressed by the development: - the physical capability of the land to be developed; - possible adverse effects of instability on the development; - possible adverse effects of the development on the stability of adjoining land; and - possible effects on the local amenities and conservation interests of the development and of any remedial or precautionary measures proposed. 6.46 The original geotechnical reports prepared by consultants on behalf of the applicants do not refer to the ‘Tapsell Wade’ report of 1983. The Tapsell Wade report was commissioned for a particular area of Northampton (East Hunsbury) and does not include the area within which the Upton Lodge site is located. Following the concerns raised by the Northampton Residents Alliance/DAG in relation to land stability, the applicants’ consultants have reviewed the Tapsell Wade report against their own assessments. The applicant’s consultants have confirmed that the Tapsell Wade report has no impact upon their conclusions on land stability matters affecting the development of the site, an investigation of which was carried out on behalf of the applicant to inform the design and construction process of the development site. Representations received from the Duston Action Group, continue to question the reliability of the applicants assessments of land stability and highlight concerns with regard to the impact upon existing properties at the tops of slopes. As the Local 46 Planning Authority, SNC (and WNDC) have sought to establish from the applicants the stability of the slopes in line with advice in PPG14. Investigations and an appropriate technical report have been prepared by named specialist consultants, that seek to explain observed conditions on the site. 6.47 Officers are satisfied that, based upon the investigations carried out, the principle of development at Norwood Farm/Upton Lodge, in accordance with the planning application(s), remains acceptable. It is for the applicant to ensure that such development, if approved, proceeds in a way that does not cause harm to the interests of adjoining landowners. As a precautionary measure it is proposed that an appropriate condition be imposed securing a scheme for the on-going monitoring of land stability during the construction process and to ensure that all development drains by way of pipes rather than soakaways, unless otherwise approved. Housing (including ‘affordable’ housing) 6.48 Residential development would cover approximately 35ha of the site, which would give an average net density of development of about 22 dwellings per ha. The applicants suggest that a density of up to 35 dwellings per ha could be considered appropriate for the development, but this is unlikely to be achieved with the maximum number of dwellings proposed being 781. 6.49 The application proposes that the exact density of each developable parcel should be considered later, at reserved matters stage. However, it is considered that a proposed maximum number of dwellings should be established at outline stage, to allow a clear understanding of the infrastructure required to support the residents of the development, rather than run the risk of insufficient on-site infrastructure having been provided as the number of houses increases. Capping the total number of units (at 781) may therefore be considered essential, at this stage. Key factors such as topography, key frontages and sensitive neighbouring sites should be considered when deciding the density of the various parcels that make up the overall housing total (this would also happen at reserved matters stage). 6.50 A range of building types is proposed, including detached, semi-detached, townhouses and flats, with the different building types being mixed through the development. These will be expressed in the required design codes, to be submitted and approved prior to any consideration of reserved matters applications. 6.51 The affordable housing requirement of SNC is 40%, provided on site. The Strategic Housing team has advised of the required affordable housing tenure-split and requires this to be ‘pepper-potted’ (in small clusters rather than in large groups), throughout the development area. Strategic housing have requested that they be involved in negotiations with potential affordable housing providers. In addition 10% of the houses should be built to SNC’s mobility standard, again ‘pepper-potted’ throughout the development. This would usually require the cluster sizes to be between 5 – 9 for houses and up to 12 units where any flats are involved, although recent development in the marketplace may justify a review of these arrangements, particularly in the early years, to ensure any development approved proceeds promptly. If required, some form of financial appraisal linked to a ‘cascade’ mechanism should be included, if the tenure split cannot be made to work and may require other financial assistance to make it work. This will need to be set out in detail in the S.106 Agreement. Employment 47 (Note: This section relates to development on the adjoining site, and does not form part of the current application, but details are relevant and included for completeness.) 6.52 An area of approximately 4.5 hectares is proposed for employment purposes at the junction of Weedon Road and the SLRR. The employment area is proposed for B1 (office/light industrial and research & development) and B2 (general industrial) uses – no B8 (warehousing) uses are proposed. The proposed inclusion of employment space is consistent with WNDC’s objectives for sustainable urban extensions. 6.53 On-site car-parking requirements would be reduced, due to the proximity of the proposed park and ride facility. The employment area occupies a prominent location on a principal route into Northampton and it will be essential that a high quality of design for these buildings be achieved, reflecting the importance of the location. 6.54 The Use Classes Order specifies that changing a B1 or B2 use to a B8 use is a permitted change (not requiring an application), where the floorspace of a building is less than 235m2. To manage such changes and secure an appropriate balance of employment on the site, it is considered that a condition be applied preventing any future changes to B8 (warehouse) use, without an application first having been made and determined. Controls on mezzanine floors may also be appropriate at the reserved matters stage depending upon building design, site coverage and parking provision. 6.55 Given the importance attached to making growth employment and not just housingled, and in the interests of sustainability, it will be vital to ensure that employment development is delivered in tandem with any housing. This could best be promoted through specific phasing requirements included in any S.106 Obligation. There is a related issue to job creation and that being the provision of the required skills for the wider area. Therefore, the skills training is an essential part of the delivery of sustainable communities and will be picked up via the S.106 Agreement or conditions. Local Centre (Note: This section relates to development on the adjoining site, and does not form part of the current application, but details are relevant and included for completeness.) 6.56 This would occupy an area of approximately 3.8ha located close to the centre of the development site. It is proposed that the local centre includes a primary school, shops (including a convenience store, A1, A2, A3 and B1 uses as well as a children’s nursery) and other community facilities (which may include a community centre - Policy R11 of the Northampton Local Plan refers). It is essential that the long-term management of such a community centre be considered at an early stage and secured as part of any planning permission. The Northampton Local Plan sets out a minimum floorspace of 325m2 for new community centres. Any S.106 Agreement should set out who will provide the facilities, to what specification, and the long-term management of the facilities. The local centre is not referred to in the phasing programme, which is considered a significant omission, but ideally such a centre should be provided in early phases of development and fixed via the S.106 Agreement. 6.57 The actual mix of the local centre would be determined at a later date, through the design codes and subsequent reserved matters applications, but it is suggested that 48 the design be sufficiently flexible to accommodate future changes and needs. The precise schedule of uses will need to be determined through the design codes but the overall quantum will need to be controlled through the outline planning permission. To prevent unsustainable patterns of development and in the absence of detailed floorspace figures at this stage, conditions limiting the floorspace of any local centre uses are proposed. Education (Note: This section relates to development on the adjoining site, that does not form part of the current application, but details are relevant and included for information and completeness.) 6.58 The application proposes the initial provision of a 420 place primary school, to be located in or adjoining the proposed local centre. NCC has identified a total need for 630 primary school places, of which 210 would be needed to serve the Norwood Farm development (ie this planning application). Whatever provision is required by NCC, this would be able to be met on (and adjoining, if necessary) the 3.8 ha site needed for the local centre. This will be further addressed, at the appropriate stage, through the submission of reserved matters applications, should outline permission be granted. 6.59 The closest secondary school was intended to be at the envisaged Upton Park development (south of the A45), requiring students to cross the busy Weedon Road. It had always been anticipated that a secondary school would be provided as part of the Upton Park development, however, more recently, NCC has changed their position. The County Council now consider that the Dallington Grange development should accommodate a new secondary school, as an alternative location for the secondary school previously proposed at Upton Park. The development at Norwood Farm/Upton Lodge would now fall within the catchment of the existing Duston School (on Berrywood Road), Campion School at Bugbrooke and the proposed school at Dallington Grange. Country Park / Open Space – including loss of open countryside 6.60 The proposed country park has 37ha set out, in total, and could provide a considerable asset for the area, including nearby villages (eg Harpole and Kislingbury). The majority of the proposed country park would, be located within SNC’s administrative area (29 ha), leaving 7.7ha within the adjoining site, in Northampton. The whole country park would be located to the west of the SLRR. It is proposed that the country park could incorporate sports provision and changing facilities, new wetland habitats, a network of footpaths and cycleways and improvements to landscaping. Any formal sports provision would be located in the south of the area, with the informal recreational opportunities located to the north where the topography is steeper. The precise extent of any pitches and the size and type of any sports pavilion would fall to be considered and determined at a later stage, through reserved matters applications. 6.61 Although this may be considered somewhat distant from a good proportion of the residential development proposed on the Upton Lodge site, it is recognised that the topography of the rest of the application site is such that it would require significant additional earth works for any sports pitch provision elsewhere. Open space requirements for residential developments are outlined in the Council’s Open Space, Sport and Recreation Strategy. For this requirement the Council analysed all 49 the open space in the District and has split it into the following categories: Amenity Open Space Children’s Play Space Outdoor Sports Facilities/Playing Fields 6.62 Each of these categories of space is expected to be provided in major housing developments, such as Norwood Farm/Upton Lodge. The following standards have been set per one thousand population: - Amenity Open Space - 0.6ha - Children’s Play Space - 0.4ha - Outdoor Sports Facilities/Playing Fields - 2.0ha 6.63 Children's play areas were factored into the development parcels when the Masterplan was drawn up. While this does mean it is not possible to give an exact area for this category, it can be confirmed that enough land has been provided to meet the Council's standards for play space. 6.64 The developers would provide the country park and arrangements for its future maintenance (for 30 – 40 years) and management would need to form part of the terms of a S.106 Agreement. Some 29ha of the park (the remaining 7.7ha being in Northampton, adjoining) constitutes part of this application. The long-term management of the country park is a potentially significant issue, but is one that needs to be addressed through the S106 agreement, ahead of any decision to approve being issued. It is possible that this country park would be jointly managed with the proposed Nene Valley Country Park (located to the south of the A45 Weedon Road), to which it would be linked by a controlled pedestrian crossing (details of which would be approved at reserved matters stage). 6.65 The development of this site would result in a loss of open countryside, with Important Local Gap and Special Landscape Area designations in the Local Plan. This would be mitigated by the fact that about half of the application site, would consist of the country park and, therefore, be a key component in helping to maintain an effective Local Gap. It would also help to provide a transition between existing and proposed development on the western edge of Northampton, and the Special Landscape Area. Following negotiation, an agreement has been reached with the applicants to provide a northern extension of the proposed parkland area, up to a new roundabout junction on Berrywood Road. This should further enhance the country park’s potential mitigating effect. Phasing of development 6.66 A potential phasing programme was included with both applications, when they were originally submitted to SNC and WNDC. Broadly speaking development was intended to commence in the south of the site, towards Weedon Road, spreading north along the proposed SLRR. 6.67 The applicants have recently provided updated forecast completion dates, specifically for the various phases of the Norwood Farm application, as follows: Phase One 110 - 140 dwellings 2012 - 2015 Phase Two 220 - 280 dwellings 2012 - 2017 Phase Three 55 - 75 dwellings 2015 - 2016 50 Phase Four 220 - 280 dwellings 2015 – 2020 Total 605 - 775 dwellings 2012 - 2020 6.68 This shows that most of the housing should come forward between 2012 and 2020 and that even if Upton Lodge (incl. Norwood Farm) is fully built out by 2020, there may still not be enough housing land identified to meet local needs. The development of Norwood Farm is important if SNC is to continue to meet targets, even once these have been revised following abolition of the RSS, to the end of the Plan period in 2026. 6.69 The phasing programme does not include the provision of the Country Park, which is considered a principle omission. The country park should be included in the overall phasing programme and should be delivered at an early stage in the event that Members resolve to grant planning permission. The phasing programme also excludes the provision of the local centre / school, employment land and POS and the necessary links to the uses. Again, these important components of the development (many of which relate to the associated, adjoining site) would need to be secured through a S.106 Agreement. Developer Contributions (Section 106 Agreement) 6.70 The development is of a significant scale and raises on and off site infrastructure issues, alongside the future management of the development outlined throughout this report. The applicants have indicated that, in principle, they are prepared to make the necessary developer contributions, to enable the development to proceed. 6.71 It is proposed that a single S.106 Agreement be drawn-up, in conjunction with the adjoining WNDC site, which is complementary to the Norwood Farm element of the proposals. WNDC would be using their ‘Standard Charge’ to secure most of the developer contributions, and if it does not prove possible for SNC to be party to this type of legal agreement, then a separate S.106 Agreement between SNC, the developers and other parties, would have to be completed. 6.72 There will still be a requirement for site-specific issues to be set out in any S.106 and these are indicated below, based upon the current assessment and matters identified through the consultation process, to date: Masterplan: Submission and approval of a masterplan prior to the submission of any reserved matters applications. Transport Infrastructure: To be determined following the conclusion of current modelling. Delivery of the SLRR across the site, required to facilitate development. Design Codes: Submission and approval of Design Code prior to the submission of any subsequent Reserved Matters Application. Reserved matters applications must fulfil all of the design principles identified in the Code(s). Affordable Housing: 40% of units to be affordable homes. The design of the affordable housing will need to be in accordance with local needs as established in local authority housing studies. Sustainability: All residential units to be built at Level 3 of the Code for Sustainable Homes as a minimum. All non residential buildings to be constructed to BREEAM very good standard. Sustainability Strategy including the provision of SUDS and the 51 future maintenance and management of SUDS. Submission of a Green Travel Plan to set out clear targets and penalties addressing any failure to achieve a modal shift. Community Facilities & Recreation: Provision of community facilities including school and medical facilities and their subsequent transfer to the relevant authorities. Phasing programme for the delivery of community facilities. Open space and play equipment provision, phasing and management. Review of indoor and outdoor sports facilities to be undertaken to inform the spending on S.106 contributions, to ensure the appropriate provision of facilities including sports facilities. Delivery of Green Infrastructure: Provision of the country park, its maintenance (for 30-40 years) and management. Pedestrian link between Country Park and Weedon Road (leading to proposed Nene Valley Country Park). Employment: Provision of employment facilities, restricted to B1 and B2. Phasing requirements within S.106 to secure the provision of employment in tandem with residential development, to secure a sustainable development. Local skills provision/training. (This relates to the application on the adjoining site.) Park and Ride: Provision of Park and Ride facility and its completion following the occupation of a specified number of units. Subsequent transfer to NCC. (This relates to the application on the adjoining site.) Development Phasing: A phasing programme will need to be submitted to restrict the amount of development that can be built until the SLRR is built to the northern boundary of the application site and to secure the provision of the country park. Lastly, the phasing programme does not include the provision of the local centre / school, employment land and POS and the necessary links to the uses. Again, a S.106 Agreement should ensure the timely provision of all community facilities as the wider development proceeds, should permission be granted. Others: Public art and place making. SNC monitoring and staff costs. 7. CONCLUSION 7.1 The proposed development would introduce new buildings onto the site. Through pre- and post-application discussions the applicants have attempted to respond to the visual impact of the proposals with a combination of landscaping, layout and building design changes. The environmental impact of the development has been subject to consideration as set out in the Environmental Statement. Further technical investigations have been provided in respect of matters raised through the consultation exercise. 7.2 The only matter not fully-resolved relates to strategic highway infrastructure, although a programme for resolution is clear and is unlikely to have implications for the detailed design or associated impacts of the planning application. The representations made are considered in the respective sections of the report. Although the matter of land stability appears to have prompted renewed or continuing concerns from a local residents group, this is considered to be adequately addressed, insofar as it is relevant to the grant of planning permission, through the provision of further reports by the applicants’ consultants. 52 7.3 Subject to a S106 agreement and appropriate conditions and following the resolution of the outstanding issue on transportation, there are considered to be significant material considerations as set out in the report to justify a departure from Local Plan Policy in this case and the application should therefore be referred to the Secretary of State as a departure from the development plan with a recommendation for approval. 53 8. REASON FOR APPROVAL 8.1 The principle of development in this location is considered to be acceptable having regard to the local housing need and the policy objectives for the area, set out in Local Plan Policy and Supplementary Planning Guidance and specifically, the planning objectives set out in relevant ‘saved’ policies of the South Northamptonshire Local Plan 1997 (Para. 5.2, above, refers). 8.2 The proposed development would introduce new buildings onto the site. Through pre- and post-application discussions the applicants have responded to the visual impact of the proposals with a combination of landscaping, layout and building design changes. The environmental impact of the development has been subject to consideration as set out in the Environmental Statement. Based upon all material planning considerations the impacts identified are considered to be capable of satisfactory mitigation by specific terms and conditions. 8.3 Whilst the proposed development is covered by Policies H6, EV2, EV7 and EV8 in the SNLP; in this case it is considered that assisting with the delivery of a sustainable urban extension together with the provision of new on-site landscaping and public open space provision, supports the delivery of other development plan policy objectives, so that development of the land covered by Policies H6, EV2, EV7 and EV8, as a departure from policy does not result in significant harmful impacts to the Development Plan policy objectives for the area or impacts upon other material planning considerations that cannot be mitigated through resolving to grant permission, subject to conditions being attached and an appropriate legal agreement being entered into. 54 _______________________________________________________________________________ Item No 002 Application Number : S/2010/0320/MAO Parish : Middleton Cheney Case Officer : Paul Seckington Applicant : BHF BSSA Location : Land at Main Road Middleton Cheney Description : Residential development of 16 houses (outline) Recommendation - Refusal Reasons :1. The proposed development would not accord with the relevant Development Plan in particular ‘saved’ policies G2, H6 and EV2 of the adopted South Northamptonshire Local Plan which seek to concentrate future developments primarily in the rural service centres of Brackley and Towcester, whilst strictly controlling development in the remainder of the rural areas in order to provide sustainable growth and to protect the intrinsic character of the countryside and rural area. It is not considered that there are material planning considerations that would outweigh this conflict as the Council has a 5 year land supply of housing in accordance with PPS3 ‘Housing’. 2. In the absence of a satisfactory signed unilateral undertaking or any other form of Section 106 legal agreement the Local Planning Authority is not satisfied that the proposed development provides for appropriate libraries, fire and rescue, healthcare and education facilities required as a result of the development, to the detriment of both existing and proposed residents and contrary to ‘saved’ Policy IMP1 of the adopted South Northamptonshire Local Plan and the Council’s adopted Supplementary Planning Guidance on Developer Contributions (2001). S/2010/0320/MAO WARD : WARD MEMBER : Middleton Cheney Cllr John Kilmister and Cllr John Rakestraw The application was subject to a pre-committee members site visit, which took place on Tuesday 25th May 2010, the application was also removed from the agenda of the committee meeting on the 3rd June to seek clarification following a letter received from the Secretary of State for Communities and Local Government (dated 27th May) regarding the intention to abolish the Regional Spatial Strategies. 1. INTRODUCTION 55 _______________________________________________________________________________ 1.1 This 0.645 hectare site lies on the eastern side of Middleton Cheney. The majority of the site lies within the built-up limits of the village, with the exception of the eastern end of the site which falls outside. The site comprises of two bungalows at the front of the site (Nos. 4 & 6 Main Road), enclosed by a high stone wall. To the rear is an office (No. 2A) housed in a single-storey converted stone barn, with a gravelled parking area. The remainder of the site is grassed and there is a belt of trees along the northern boundary. 1.2 Beyond the northern boundary of the plot are some agricultural buildings and a yard which house cattle and are used for general agricultural storage. Also to the north, and west, of the site are residential dwellings of various ages and heights. The western plot boundary is demarcated by a 2.0 metre (approx.) high stone wall. The land in the northwest corner of the site is up to 2m higher than the road and the adjacent bungalow at No. 8. 1.3 The site is in the ownership of British Shops and Stores Association (BSSA) who occupy the Grade II Listed Middleton House, 2 Main Road, to the south of the site. 1.4 The site falls within the Aynho, Cherwell Valley and Eydon Special Landscape Area. 1.5 The land already benefits from its own vehicular and pedestrian access to Main Road in the south-western corner. 2. PLANNING HISTORY 2.1 In 2009 outline planning permission was granted for a bungalow and detached garage on part of the application site lying between Nos. 6 and 8 Main Road (S/2009/0785/OUT refers). The same development had been approved in outline on this site in 2006 and represents the renewal of a series of outline permissions for a dwelling on this piece of land which began in 1989. 2.2 Planning permission was also granted last year to allow the continued use of No. 4 as an office (S/2009/0317/P refers – renewal of S/2004/0272/P). This also follows a series of renewals of planning permission for the same development which were granted for a temporary period only. However, No. 4 is currently unoccupied and its use can therefore refer back to a residential use. 2.3 The barn was converted to an office in 1987 (S/1987/1063/P refers). 2.4 At the beginning of this year an outline application to demolish all buildings on the site and erect 19 dwellings was withdrawn following concerns of officers regarding the loss of the employment use of the site and ecological issues in the absence of appropriate surveys (S/2009/1277/MAO refers). 3. PROPOSAL 3.1 This application seeks outline planning permission for the erection of 16 dwellings, retaining the converted barn as an office. All matters are reserved for later approval except for the access. However, the applicants have submitted an illustrative layout to show how the development might be accommodated within the plot along with illustrative aerial views and street views of the development. The majority of the dwellings would be two storey with a 1.5 storey dwelling proposed for the land between No’s 6 and 8. 56 _______________________________________________________________________________ 3.2 The existing access onto Main Road would need to be widened and the existing stone wall to the front (west) of the site would need to relocated behind its current alignment in order to provide improved vehicle to vehicle visibility. 3.3 The two existing bungalows on the site would be demolished to make way for the proposed dwellings; as such there is a net gain of 14 residential units on the site. 4. CONSULTATIONS 4.1 MIDDLETON CHENEY PARISH COUNCIL. Object to the application on the following grounds: Concern that the proposed housing to the entrance of the site would be out of scale with surrounding dwellings, dominate the street scene, result in overlooking and could be affected by smoke from the chimney of the neighbouring bungalow; overdevelopment; the properties at the front are still too close to the front of the road and the building line should be further back; inadequate off-road parking; inadequate turning area for refuse vehicles; concern about the proximity of the proposed dwellings to the neighbouring agricultural use; foul water problems do not seem to have been addressed. 4.2 NCC HIGHWAYS. In principle support the application, subject to conditions and a revised transport statement to make reference to the application for 86 houses further along Main Road. 4.3 STRATEGIC HOUSING. As the proposal falls below the 15 threshold which would trigger 40% affordable housing, we appreciate that an affordable housing element is no longer appropriate for this site. 4.4 NHS PRIMARY CARE TRUST. No comments received to date. 4.5 ENVIRONMENTAL HEALTH. No objections subject to the imposition of a standard condition requiring a contaminated land investigation and mitigation as necessary. 4.6 CONSERVATION OFFICER. I have no objection to the principle of development on this site. As it forms part of the wider setting of Middleton House, the design, layout and materials of the development will need to have regard to its historic context. However, this is not a matter for consideration in the present application. The means of access as proposed does not appear to harm the listed wall to the south of the site. 4.7 ARBORICULTURAL OFFICER. No objections but would recommend that a condition is imposed on the reserved matters application or any subsequent full planning application to ensure that the tree protection plan and arboricultural method statement is adhered to in line with the recommendations of their consultant. Does not consider any of the trees to be worthy of statutory protection. 4.8 ARCHAEOLOGY. No objections and no conditions recommended. 4.9 ANGLIAN WATER. No response received to date, but on previous application advised the following: No objection subject to the following informatives: Anglian has assets crossing/close to the site which must be adopted or diverted; the development should seek to minimise water use; the development can be supplied by the existing network; the views of Thames Water should be sought on the issue of sewage. 57 _______________________________________________________________________________ 4.10 THAMES WATER. No objections subject to the imposition of a ‘Grampian’ style condition to require a waste drainage strategy for on and off site works to be submitted and agreed prior to the commencement of the development. The applicants have been copied in on the reply from Thames Water which sets out how surface water drainage should be dealt with and stating that permission must be obtained from TW to discharge to a public sewer. 4.11 NATURAL ENGLAND. Have no objections 4.12 NCC POLICY. The net additional 14 dwellings would trigger a contribution towards libraries (£3,206), fire and rescue (£1,204), and education. In terms of education, A development of 14 dwellings would add some 3 - 5 primary-aged pupils and 3 - 4 secondary and sixth form aged pupils. In September 2009, Middleton Cheney Community Primary School had 349 pupils on roll compared to a capacity of 378 places. At the same date, Chenderit School, Middleton Cheney, the roll was 1,130 compared to the school’s capacity of 1,106. The roll is expected to increase over the next five years. Middleton Cheney also has two other significant planning applications of 86 and 79 dwellings respectively (S/2010/0301 and S/2010/0473). The pupil roll of Chenderit School already exceeds its capacity; therefore, we would seek the full contribution towards secondary and sixth form places. The contribution based on the latest cost multipliers would be: 1 bed units = £0 per unit 2 bed units = £588 per unit 3 bed units = £2,756 per unit 4 bed units = £5,010 per unit 5 bed units = £9,828 per unit There is some surplus capacity at the primary school, however, the three developments combined are expected to generate approximately 55 Primary School pupils. This would take the Primary School 26 pupils over capacity. We would therefore be looking to apportion the cost of the pupil places between the three developments. One Primary School place (according to the Department for Education) costs £12,322. This development represents 8% of the total number of dwellings generated from the three developments. Therefore: Primary contribution = (26 x £12,322) x 0.08 = £25,630.00 We request this contribution in order to expand the school and mitigate the impact of the development. 4.13 SNC LEISURE: Request a contribution of £1,255 per dwelling (£17,570) along with funding for a commuted sum for strategic facilities. 4.14 POLICE CRIME PREVENTION DESIGN ADVISOR: No objection in principle to the application. Whilst the layout is indicative, it indicates a short, straight cul-de-sac in an infill plot giving the benefit of mainly back to back gardens which is a good secure from of development. There are concerns over the parking court to the rear of plots 1-4 due to lack of surveillance. If the court is retained it should be gated to make it more secure and appear a private area. Suggest the attachment of secure by design conditions. 4.15 THIRD PARTIES. Twelve letters received to date objecting to the application on the following grounds: 58 _______________________________________________________________________________ • overdevelopment; out of character with rest of the village; • increased pressure on village amenities and infrastructure (specifically the secondary school, primary school and preschool); • increase in traffic and parking which would be detrimental to highway safety; • the pavement network in the village is not adequate for the additional residents in terms of its poor condition/lack of maintenance and narrowness at various points; • the main village facilities (e.g. shops) are too far away from this site for elderly residents walk to and buses may not be affordable; • turning right towards Banbury at the junction of Main Road with the A422 is hazardous leading to more residents driving through the village for alternative access to Banbury; • increased on street parking would be harmful to highway safety; • this part of the village experiences frequent electricity power cuts; • the water treatment works are near capacity; • loss of privacy/overlooking; • because of the topography of the site (which lies higher than the highway and No.8 Main Road) the development would be dominant and visually overbearing for neighbours; • concern about the safety of the retaining wall at the front of the site; • the proposed highway layout/lack of footpaths within the site would be unsafe for highway users; • concern about how refuse collection would be dealt with; • the proposed access would be detrimental to highway safety due to its proximity to BSSA’s access and Hailsham Court; • fumes/smoke from the chimney at No.8 would be at the same height as second floor windows of the proposed dwellings; • concern that some of the proposed dwellings would back onto a building/yard used by livestock in Winter; • slab level should be reduced to highway level; • request that a condition be attached to prevent boundary enclosures or garden buildings being erected along the boundary with No.8 to prevent loss of light; • no play area; 59 _______________________________________________________________________________ • concern that the green in front of their property would be used for ball games; • inappropriate design; • the buildings should be set further back from Main Road; • inadequate parking provision resulting in on-street parking; • a mini-roundabout may be required at the access; • the layout allows for further extension of the road in the future; • detrimental impact upon the Special Landscape Area; • concern that the narrow street form would result in problems for emergency and delivery vehicles, refuse collection and visitor parking; • concern about the impact upon the setting of the listed Middleton House; • no provision for bin storage; • no provision for surface water drainage; • the illustrative images are misleading and underplay the difference in heights between the site and neighbours. 5. POLICY 5.1 This application falls to be considered in the light of Policies, G2 (location of new development), G3 (general development strategy), H6 (residential development in the open countryside), E4 (loss of existing business uses resisted), EV1 (design), EV2 (development in the open countryside), EV7 (special landscape area), EV12 (settings of listed buildings), EV21 (landscape features), EV29 (landscaping) and IMP1 (developer contributions) of the South Northamptonshire Local Plan. 5.2 The development must also be considered with regard to this Authority’s Interim Rural Housing Policy (July 2009) and national guidance; PPS1: Delivering Sustainable Development, PPS3: Housing, PPS7: Sustainable Development in Rural Areas, PPS 9: Biodiversity and Geological Conservation, PPG 13: Transport and PPS5: Planning for the Historic Environment. 5.3 Relevant South Northamptonshire Council Supplementary Planning Guidance includes Developer Contributions (2001), Affordable Housing (2003), Residential Extensions, Residential Design in the Countryside and Middleton Cheney Village Design Statement. 6. APPRAISAL 6.1 The main issues arising from this application are: 6.2 THE PRINCIPLE OF THE DEVELOPMENT. The site is comprised of three main parts. That which is currently in residential use, that which is currently used for employment purposes and that which is Greenfield/open countryside. 60 _______________________________________________________________________________ 6.3 The western part of the site adjacent to Main Road already benefits from established residential use and would lie within the recognised built-up limits of the settlement. It is therefore considered that a residential development is acceptable ‘in principle’ for this part of the site. This would account for a section of the site which would contain 10 dwellings. 6.4 As the latest scheme proposes to retain the existing business use, its loss is therefore no longer an issue. The retention of a business use as part of the development would provide a mixed use scheme, and one which would not be to the detriment of future occupiers. Office uses, by definition, are appropriate within residential areas. The parking area for the office is proposed behind the office building itself and therefore away from the residential properties. It is considered that the office use would provide activity and natural surveillance of the site during weekdays, and at the evenings and weekends the houses would provide surveillance of the office. 6.5 The eastern part of the site lies beyond the built-up limits of Middleton Cheney on a site which is considered Greenfield. This section of the site would contain 6 dwellings. This would be contrary to the adopted Local Plan in that it comprises development outside the built up area and therefore within the open countryside. The development is therefore in conflict with Policies G2, EV2 and H6. Local Planning Authorities also have to have regard to other material considerations, including national policy. Of particular relevance is PPS3 which still requires Councils to provide a five year housing land supply. 6.6 The report of the Director of Service Delivery at item 6 on this agenda sets out the Council’s latest 5 year housing land supply position and the consequent implications for Planning Applications. In accordance with the above report, it is considered that this development does not comply with the relevant development plan and that there are no material planning considerations that would outweigh this conflict because the Council has a 5 year land supply of housing. 6.7 Accordingly it is considered that the proposed development is unacceptable in principle and that permission should be refused. However, in accordance with the report at Item 6 it is recommended that the issuing of the decision notice be delayed until the outcome of the recent appeal is known. In the event that the appeal decision confirms that the Council does have a 5 year land supply, then the application decision notice will be issued. 6.8 However, in the event that the appeal decision confirms that the Council does not have a 5 year land supply and Members are satisfied that they would have granted permission if this had been clear at the time, that officers are given the delegated authority to change the decision and grant permission (with appropriate conditions and legal agreement) on their behalf. 6.9 THE IMPACT OF THE DEVELOPMENT UPON THE CHARACTER AND APPEARANCE OF THE AREA, THE SETTING OF THE ADJACENT GRADE II LISTED BUILDING AND THE SPECIAL LANDSCAPE AREA. As this is only an outline application the detailed design and layout are not to be determined at this stage, although an indicative layout and design details have been supplied to demonstrate how such a proposal could be realised. The illustrative layout and design of dwellings has been informed by an assessment of existing development in 61 _______________________________________________________________________________ Middleton Cheney and a conscious effort has been made to reflect the older and more attractive parts of the settlement rather than the less appropriate, post-war, suburban areas. Officers support this approach and are satisfied that an appropriate layout and dwelling design could be achieved on this land by following this method. 6.10 It is considered that it would be necessary to undertake excavation/levelling works to ensure that the proposed dwellings to the Main Street frontage would not appear too dominant in the street scene. Officers are convinced that such changes could be made in order to produce a development which respects the character and appearance of the area, would not detract from the Special Landscape Area and which would preserve the setting of the adjacent listed building. The agent has confirmed that this could also be achieved and at the time of writing this report a letter from the agent’s Building Engineers/Surveyors has been requested and awaited to demonstrate that this is feasible and could be achieved in the reserved matters application. The stone wall on the frontage of the site is to be retained. 6.11 The density of the residential element of the site (i.e. minus the office and its parking area) is almost 29.5 dwellings per hectare and is considered to be acceptable bearing in mind its context on the edge of Middleton Cheney. The Parish Council and some local residents have expressed concerns that the development has too high a density for this setting but Officers do not believe this to be the case or that this would form a sustainable reason for refusal. The density and layout are similar to nearby, historic parts of Middleton Cheney which it would be desirable to reflect rather than the lower density suburban developments which have taken place more recently but which are not compatible with a rural setting. 6.12 The retention of the converted stone barn is continued to be an important element of this latest application, as it retains the heritage asset, respects the setting of the adjacent listed building and would result in an improved streetscene within the site. 6.13 HIGHWAY SAFETY AND PARKING. Only the access is to be considered as part of this outline application and initial concerns raised on the previous application about gradient and visibility have been addressed by this latest submission, subject to conditions. 6.14 The Parish Council and some local residents have objected to a perceived lack of off-street car parking for the proposed development. However, it is noted that there is sufficient space within the site to allow for at least two dedicated off street parking spaces per dwelling. This exceeds the maximum car parking standards for residential developments of 1.5 spaces per dwelling and therefore Officers consider that a refusal on these grounds would be unsustainable at appeal. Conversely, despite Middleton Cheney’s sustainable status, it is acknowledged that this is still a rural setting where a more flexible approach to maximum car parking standards could be applied and therefore a refusal based upon an overprovision of parking is not thought to be appropriate. 6.15 In the light of the above assessment and the comments of the Highways Authority it is contended that the development would not be seriously detrimental to the safety of highway users subject to the imposition of conditions. However, the County have requested a revised Transport Statement from the applicant so that it has regard to the application for 86 houses further along Main Road. The applicant has queried 62 _______________________________________________________________________________ this request and considers that this scheme for 14 net additional dwellings does not require a revised Transport Statement and that in any event they consider that when considered together with the other site would not result in an unacceptable level of additional traffic. A response is awaited from County Highways in relation to this. 6.16 THE IMPACT OF THE DEVELOPMENT UPON PROTECTED SPECIES. The applicants have submitted an Extended Phase 1 Habitat Survey and Natural England have no objections to the application, subject to conditions. 6.17 THE EFFECT OF THE DEVELOPMENT UPON THE RESIDENTIAL AMENITIES OF NEIGHBOURING OCCUPIERS. Due to the topography of the site some residents on Main Road have expressed concern about a loss of privacy caused by the higher two storey dwellings overlooking their dwellings and that the houses would be visually overbearing. However, Officers believe that there would be no serious loss of privacy for neighbours for two main reasons. 6.18 Firstly, whilst it is acknowledged that the proposed plots 3 and 4 would be only 18 metres from a first floor window on No. 17 Main Road this is only indicative at the outline stage and the dwellings would be separated by a road and the retained wall along the frontage, rather than a back to back relationship. Therefore, the development could easily provide appropriate separation distance. Furthermore, Plot 1 on the illustrative layout has no window openings which would face towards No. 8 and a dwelling for this site could be similarly designed to ensure that the neighbouring dwelling is not overlooked. 6.19 Secondly, Officers believe that ground works at the front of the site could be conditioned as part of any approval to ensure that proposed dwellings would not sit significantly higher than neighbouring sites thus reducing any sense of their being overbearing for neighbours and preventing harmful overlooking of adjoining plots. This site levelling is also necessary in order to provide an acceptable access to the development which complies with the gradient requirements of the Highways Authority. 6.20 IMPACT UPON VILLAGE INFRASTRUCTURE AND DEVELOPER CONTRIBUTIONS. One specific issue that has been raised by local residents is how the village primary school and secondary school, would accommodate the additional pupils that would be generated by the scale of development proposed. The County in their comments at para 4.12 above have stated that there is not capacity at the Secondary School to cater for this development, and that whilst there is currently spare capacity at the primary school, the three applications submitted for additional housing in Middleton Cheney [for 86 (subject to an appeal against non-determination) and 79 (reported separately in this agenda)], in addition to the net additional 14 dwellings here) would take the Primary School 26 pupils over capacity. As such financial contributions are sought towards additional secondary school places and towards primary school places, but proportionate to this smaller development, as detailed at 4.12 above. 6.21 The ability of the local doctors’ surgery to cope with the additional residents is also an important consideration. In respect of the local surgery, the developers could be expected to make a financial contribution towards the provision of additional medical services. No consultation response has yet been received from the 63 _______________________________________________________________________________ Primary Care Trust. It would, nevertheless, be reasonable to expect that this matter could be satisfactorily dealt with, along with other developer contributions, through a Section 106 Legal Agreement, should the application be approved. 6.22 Leisure have requested a financial contribution towards open space and NCC have requested monies towards fire and rescue and libraries. As the net gain in residential properties falls below 15 units then there is no requirement for affordable housing provision on this site. 6.23 The agent has confirmed a willingness to provide appropriate financial contributions to the above, but to date this a signed Unilateral Undertaking or S106 agreement has not been signed , in the absence of whicjh this forms an additional reason to refuse the application 6.24 ENVIRONMENTAL HEALTH MATTERS. Three issues have arisen pertaining to Environmental Health matters; the proximity of the proposed residential use to an agricultural use, contaminated land and smoke pollution. 6.25 It has been noted that adjacent to the northern boundary of the site is an agricultural building and yard used for Wintering cattle. Environmental Health state that there is little guidance on exactly what degree of separation should be provided in such situations. On the basis that cattle are housed in the building and that there is no pollution complaint history from this use, despite the fact that there are existing residential dwellings a similar distance from the building and yard as the application site, it is suggested that this may indicate that there is little adverse impact. The indicative layout sites the proposed dwellings as far from the building as possible and seeks to retain a significant amount of the existing tree screen on the land. Environmental Health therefore have no objections to the development on these grounds. 6.26 Environmental Health recommend a standard condition to ensure that a contaminated land survey is carried out which should give details of any remediation measures where necessary and to require that such measures are carried out. 6.27 A neighbour on Main Road has raised concerns about the potential nuisance which could be caused to future occupiers of the development due to smoke from their chimney. Their property is a bungalow and because of the topography of the land the 1.5 storey and 2 storey dwellings adjacent to their house could be affected by fumes. Environmental Health consider that the risk could be made acceptable by ensuring that the roof ridge heights are kept as similar as possible or that a wider degree of separation could be employed between the dwellings (20 metres). In view of this assessment it appears that this issue could be satisfactorily resolved at the reserved matters stage. Furthermore, the previously mentioned works to reduce the ground levels at the front of the site would bring the proposed dwellings closer to the ridge height of the existing bungalow. 6.28 UTILITIES. Thames Water has identified an inability of the existing waste water infrastructure to accommodate the needs of this development. However, they state that this could be overcome through the imposition of a ‘Grampian’ style condition which would require the developer to formulate a drainage strategy for the site as detailed in their comments above (paragraph 4.13). Thames Water advise that this 64 _______________________________________________________________________________ inability is unclear until a survey is undertaken of the local network, but it is understood that the worst case scenario is having to lay a pipe for 300m to the sewage treatment works, which is considered to be deliverable and could be achieved. As such a Grampian style condition is considered appropriate in this instance. 6.29 Anglian Water, who are the water provider for this area, have no objection to the development subject to the imposition of a number of informative statements on any permission. 6.30 In light of these responses it is not considered that a refusal of planning permission could be sustained on the basis of a lack of water and waste utilities. The principle of the development. The impact of the development upon the character and appearance of the area, the setting of the adjacent Grade II Listed Building and the Special Landscape Area. Highway safety and parking. The impact of the development upon protected species. The effect of the development upon the residential amenities of neighbouring occupiers. Impact upon village infrastructure and developer contributions. Environmental Health matters. Utilities. 7. CONCLUSION 7.1 In conclusion it is considered that the principle of development is considered unacceptable due to the encroachment beyond the built up area of the village onto open countryside. As such, it is recommended that permission be refused for the reason above but to delay issuing the decision notice until the outcome of the recent appeal is known (see the report at Item 6 of the Schedule). In the event that the appeal decision confirms that the Council does have a 5 year land supply, then the application decision notice can be issued as it stands. 7.2 In the event that the appeal decision confirms that the Council does not have a 5 year land supply that officers are given the delegated authority grant permission (with appropriate conditions and subject to an appropriate legal agreement) on their behalf. 65 _______________________________________________________________________________ Item No 003 Application Number : S/2010/0329/MAO Parish : Paulerspury Case Officer : Peter Bateman Applicant : The Grafton Hunt Location : Grafton Hunt Kennels High Street Paulerspury Description : Residential development of 14 two storey dwelling associated parking, garaging and access road.(Outline). Recommendation - Refusal 1. The application is contrary to Local Plan policies G2, H5, H6, EV1, EV2 and G3, the Council’s adopted Interim Rural Hosing Policy (IRHP) as well as Government Guidance contained in PPS1, PPS3 and PPS7. In this instance the application fails to comply with the aims and objectives of the Council’s IRHP and there are no material considerations which would outweigh the lack of compliance with the policy. The development fails to accord with the IRHP as the new site boundary is not adequately justified and that the density does not represent the most effective use of a Greenfield site and the land proposed for development is unnecessarily large and therefore unnecessarily intrusive in the open countryside. 2. The proposed development would not accord with the relevant Development Plan in particular ‘saved’ policies G2, H6 and EV2 of the adopted South Northamptonshire Local Plan which seek to concentrate future developments primarily in the rural service centres of Brackley and Towcester, whilst strictly controlling development in the remainder of the rural areas in order to provide sustainable growth and to protect the intrinsic character of the countryside and rural area. It is not considered that there are material planning considerations that would outweigh this conflict as the Council has a 5 year land supply of housing in accordance with PPS3 ‘Housing’. Reasons :- S/2010/0329/MAO WARD : WARD MEMBER : Tove Cllr Mrs Sandra Barnes This application was subject to a Pre-Committee Members Site Visit which took place on Tuesday 27th July 2010. 1. INTRODUCTION 66 _______________________________________________________________________________ 1.1 The application site lies on the southern edge of the village of Paulerspury and comprises a number of buildings formerly used by the Grafton Hunt together with a section of open grassed ground. The site has a total area of 0.6 hectares. 1.2 The site is adjacent to a recent Bloors development being constructed off the High Street for 14 units. The site is therefore adjacent to the village confines of Paulerspury as outlined by Policy H5 of the Local Plan. 1.3 A large proportion of the site is occupied by buildings associated with the Grafton Hunt including Kennels and some larger more modern buildings all of which are to be demolished. A proportion of the site can therefore be considered previously developed. 1.4 The access (vehicular and pedestrian) is shown indicatively as being though the Bloors site, which is under construction, and ultimately onto the High Street, which is the main road through the linear formed village and leads east bound onto the A5 and west bound to Pury End the neighbouring settlement. 1.5 To the south the application is open into open fields where the only means of enclosure for the fields is timber post and rail fencing. To the West is Kingston Farm which is accessed off Lumber Lane. 2. PLANNING HISTORY 2.1 The most relevant history for this site is application S/2010/0001/MAO which was an application for 25 houses on the same application as the current application, but which also included the Kingston Farm site to the west. This was withdrawn early in 2010. 2.2 Prior to the above the main history relates to the adjoining site (14 units being constructed by Bloors) which was granted planning permission under reference S/2009/0348/P. This followed a number of applications to secure outlined permission and then reserved matters from 2002 to 2007. The first outline on the site was granted in 1999 under reference S/1999/0217/PO. 3. PROPOSAL 3.1 The application seeks outline permission (principle and point of access are the matters applied for) for 14 two storey dwellings, associated parking and garaging at Grafton Hunt Kennels Paulerspury. The application has been amended at officer request to remove the internal access road from the list of matters being considered as there was concern over whether the layout initially applied for would be a consistent design approach to the Bloor site which is being developed adjacent to this site. 3.2 The proposal would form a significant landscape barrier to the southern and eastern boundaries which is shown indicatively (as landscaping is a reserved matter) on the submitted block plan to be 5 metres in width with the intention of creating a robust and defensible boundary to the site. 3.3 The application has been submitted with a topographical survey, ecological assessment, transport assessment, design and access statement, an indicative layout plan and context site analysis plan. 4. CONSULTATIONS 67 _______________________________________________________________________________ 4.1 PAULERSPURY PARISH COUNCIL: Objection – The site is outside the confines, contrary to village design statement and historical ribbon development of the village for. Access through the Bloors site makes for a block of 28 houses the largest estate type development in the village which would effectively double the traffic on the main road through the village. Drainage concerns have been expressed. Concern expressed regarding the capacity of the primary school. Lack of affordable housing despite in effect 28 houses being provided on one site. 4.2 SNC POLICY: The proposed development is considered not to be in accordance with the Council’s adopted IRHP Policy and the advice contained in PPS3. Officers do not consider that this development accords with the IRHP as the new site boundary is not adequately justified and that the density does not represent the most effective use of a Greenfield site and the land proposed for development is unnecessarily large and therefore unnecessarily intrusive in the open countryside. 4.3 In addition, the report of the Director of Service Delivery at item 6 on this agenda sets out the Council’s latest 5 year housing land supply position and the consequent implications for Planning Applications. In accordance with the above report, it is considered that this development does not comply with the relevant development plan and that there are no material planning considerations that would outweigh this conflict because the Council has a 5 year land supply of housing. 4.4 SNC HOUSING: Clearly the application falls one dwelling short of the 15 dwelling threshold which would allow consideration of 40% affordable housing on this site, in accordance with the Affordable Housing SPG. 4.5 NCC COUNTY HIGHWAYS: No objection in principle. The section through the Bloors Site needs to be constructed to adoptable standards. 4.6 NCC EDUCATION: Require key service contributions as follows: Libraries: 1 Bed + £116 2 Bed = £155 3 Bed = £229 4 Bed = £290 5 Bed = £326 Fire and rescue contributions at a rate of £86 per dwelling 14 X £86 = £1204 Education: Contributions required towards primary places at Paulerspury Primary School 1 Bed = £0 2 Bed = £509 3 Bed = £ 3490 4 Bed = £7798 68 _______________________________________________________________________________ 4.7 CRIME PREVENTION DESIGN ADVISOR: No objection, the scheme reflects preapplication advice. 4.8 ENVIRONMENTAL PROTECTION: No objection subject to conditions relating to contaminated land. 4.9 ENVIRONMENT AGENCY: No objection subject to conditions. 4.10 ANGLIAN WATER: No objection, the site has sufficient capacity in all relevant areas. 4.11 NATURAL ENGLAND: No objection. 4.12 WILDLIFE TRUST: Insufficient resources to comment 4.13 PRIMARY CARE TRUST: Not received 4.14 ARCHAEOLOGY: In order to satisfy PPS5 it is recommended that any planning consents granted contain conditions for an archaeological evaluation of the site plus a condition to record the Grafton Hunt kennel complex. 4.15 THIRD PARTIES: Two third party letters received – one supporting the application as submitted and one objecting to it: 4.16 Gardens End Plum Park Lane – Supports the proposal (having objected to S/2010/0001/MAO for 25 units). From a village point of view the development would have little impact other than extra traffic coming onto the High Street. Wherever the housing is sited in Paulerspury (the 15 allocation) will eventually converge on the High Street and A5. The Kennel already exists and there will be less disruption to all concerned. The development appears to be well set out and would sit well with its neighbour. Parking would be contained within the site. 4.17 Bletsoe and Sons on behalf on the Whitlock family (the promoters of Grays Lane) objecting to the proposal. The proposed application is phase 2 of the Bloors scheme currently being built. Bloors are using the site as a store/compound and will continue to do so for a further 12 months making this application undeliverable. Given the previous design concerns and the fact this is an outline application there is no certainty it will be delivered in two years. Lack of affordable housing when in effect a 28 house scheme. Boundaries follow an arbitrary line - beyond which lies further land in the same ownership. This is backland development unlike the Grays Lane design which has strong street frontages. This is more in keeping with the prevailing pattern of Paulerspury which is linear in style. 5. POLICY 5.1 The relevant Development Plan consists of the ‘saved’ policies of the South Northamptonshire Local Plan (SNLP). Note - the RSS8 document was deleted by Central Government in June 2010 and therefore forms no part of the development plan for the consideration of this application. 5.2 The relevant Policies of the Local Plan comprise; Policies G2, G3, H5, H6, H7, EV1, EV2, EV21 and IMP1. 5.3 Supplementary Planning Guidance is also of relevance to this proposal and constitutes a material planning consideration, particularly; Developer Contributions 69 _______________________________________________________________________________ (2001) and Affordable Housing (2003). 5.4 Government Guidance is also a material planning consideration. Of particular relevance is guidance in PPS1, PPS3, PPS5, PPS9, PPS25 and PPG13. PPS3 relates to the amended version June 2010 particularly in relation to density requirements. 5.5 In addition, the Council has the adopted the Interim Rural Housing Policy (IRHP) adopted 29th July 2010. 6. APPRAISAL 6.1 The main issues in consideration of this application are THE PRINCIPLE OF DEVELOPMENT ON THIS SITE SCALE AND INDICATIVE LAYOUT DEVELOPER CONTRIBUTIONS HIGHWAYS CONSIDERATIONS IMPACT ON THE CHARACTER OF THE AREA AND LANDSCAPING EFFECT ON BIODIVERSITY AND ECOLOGY DRAINAGE AND FLOODING CONSIDERATIONS ARCHAEOLOGY IMPACT ON NEIGHBOURING PROPERTIES ENVIRONMENTAL CONSIDERATIONS 6.2 THE PRINCIPLE OF DEVELOPMENT ON THIS SITE: The site subject to this application lies outside but adjacent to the Village Confines for Paulerspury. In policy terms this means that the site lies in the open countryside and should be assessed against ‘saved’ Policies H6 and EV2 of the South Northamptonshire Local Plan. These policies state that development in the open countryside should be necessary for the reasons specified or involve a conversion; this application fails to fulfil the exceptions in these policies. As the site is adjoining the Village Confines then another exception to policy would be Policy H8 (Exceptions Housing) where the housing, if there was clear evidence of local need could develop a group of appropriate dwellings outside but adjoining the Village Confines. I note the application is for market housing which does not fulfil this policy requirement and does not include any provision of affordable houses to meet local needs. 6.3 However, the Local Plan is ageing and in terms of housing requirements was superseded by the Sub Regional Strategy for Milton Keynes South Midlands Growth Area (part of the East Midlands Regional Plan). This set out a minimum annual requirement of 330 dwellings to be completed between 2001 and 2021. The requirement for housing in South Northamptonshire District (as part of the Growth Area) is therefore significant. The Minister has now revoked the RSS including the housing targets. It is no longer a material consideration in the determination of planning applications 70 _______________________________________________________________________________ 6.4 While the revocation removes the current housing targets in the RSS advice provided to Councils from the Government’s Chief Planning Officer makes clear that the requirement for a five-year and 15 year housing land supply remains and that the calculation of revised housing targets should be evidence based. In addition The Government has made very firm statements that it expects local authorities to cater for housing growth which it considers to be an important national issue. In the Minister’s view the inability to demonstrate a five-year supply of land remains a relevant and important consideration in determining planning applications and appeals. 6.5 Local Planning Authorities will now able to identify an appropriate annual housing requirement; but this will need to be robust, evidenced and defensible at appeal. The advice provided considers that this should be achieved through the LDF examination process. 6.6 The advice considers that local authorities may base revised housing targets on the level of provision submitted to the original Regional Spatial Strategy examination (Option 1 targets), supplemented by more recent information as appropriate. There are no ‘Option 1’ figures for Northamptonshire because the RSS housing targets were derived through the MKSM national growth area identified in the Sustainable Communities White Paper 2003 and subsequently the MKSM Study (2005). For this area the MKSM Study figures are the equivalent to ‘Option 1’ figures. For South Northamptonshire these are 330 dwellings per annum. 6.7 At its meeting on July 12th 2010 Cabinet agreed that In the absence of robust revised housing targets for South Northamptonshire, and until such time that these revised figures have been prepared and agreed through the preparation of the Core Strategy, this Council would continue to provide for a housing target of 330 dwellings per annum based on the ‘Option 1’ equivalent as set out in the MKSM Study (or should this be revoked then from the revoked RSS). 6.8 There is a also a requirement within Planning Policy Statement 3 (PPS3) to ensure a 5 year supply of housing within the District and this is a material consideration in the determination of this application. The 2009/ 2010 South Northamptonshire Council Housing Land Availability Study shows a 4.1 years supply of housing land. The study identifies those sites which are available, achievable and suitable for housing within the next 5 years (2010 – 2015). These identified sites include remaining allocated housing sites, sites with existing planning permission, other sites identified as being suitable for housing within documents approved by the Council and an allowance for windfalls. In April 2010 there was a shortfall of 326 dwellings. 6.9 The requirement also remains within Planning Policy Statement 3 (PPS3) to ensure a 5 year supply of housing within the District and this is a material consideration in the determination of this application. The 2009/ 2010 South Northamptonshire Council Housing Land Availability Study shows a 4.1 years supply of housing land. The study identifies those sites which are available, achievable and suitable for housing within the next 5 years (2010 – 2015). These identified sites include remaining allocated housing sites, sites with existing planning permission, other sites identified as being suitable for housing within documents approved by the Council and an allowance for windfalls. In April 2010 there was a shortfall of 326 dwellings. 6.10 Planning Policy Statement 3 (Housing) (PPS3) states: ‘Where Local Planning 71 _______________________________________________________________________________ Authorities cannot demonstrate an up-to-date five year supply of deliverable sites, for example, where Local Development Documents have not been reviewed to take into account policies in this PPS or there is less than five years supply of deliverable sites, they should consider favourably planning applications for housing, having regard to the policies in this PPS including the considerations in paragraph 69 6.11 Paragraph 69 states: In general, in deciding planning applications, Local Planning Authorities should have regard to: Achieving high quality housing. Ensuring developments achieve a good mix of housing reflecting the accommodation requirements of specific groups, in particular, families and older people. The suitability of a site for housing, including its environmental sustainability. Using land effectively and efficiently. Ensuring the proposed development is in line with planning for housing objectives, reflecting the need and demand for housing in, and the spatial vision for, the area and does not undermine wider policy objectives e.g. addressing housing market renewal issues. 6.12 It is clear from the Guidance that that where the 5-year supply cannot be demonstrated an application should be ‘considered favourably’ i.e. there is a presumption in favour of a scheme. However, it is important to note that this ‘presumption’ is not freestanding and is expressly qualified by reference to the rest of the PPS and in particular the general considerations in paragraph 69, one of which is ensuring that the application is in line with the spatial vision for the area and a second relating to sustainability. 6.13 As a result of the recognised lack of five year land supply, the above guidance in PPS3, and given recent appeal decisions in the District, the Council has adopted the IRHP which is a material planning consideration. This seeks to establish objective criteria in determining those villages that are ‘most sustainable’ and therefore where a more positive and flexible approach could be taken towards development with the aim of delivering sufficient housing sites in appropriate locations so the Council has at least a five year supply of housing land. 6.14 The IRHP seeks to establish objective criteria in determining those villages that are ‘most sustainable’ and therefore where a more positive and flexible approach could be taken towards development. Paulerspury is considered to be a ‘Reasonably Sustainable’ village capable of accommodating an indicative total of 15 dwellings. 6.15 The relevant Policy as expressed in the IRHP is that proposals on sites outside but adjoining the village confines of those villages considered ‘reasonably sustainable’ will be permitted where; It can be demonstrated that there are no suitable and deliverable brownfield sites within or adjoining the village confines; The proposed extension to settlement form reflects and respects natural and other long term features The scale of the proposal does not exceed the percentage as stated in table 6 of the policy statement except where it can be demonstrated that the proposal would result in environmental improvements (e.g. re-use of previously developed land or best practice in density or design issues) OR, where it is required to support the retention or improvement of essential local services (particularly health care or education) AND where it has been 72 _______________________________________________________________________________ formulated with meaningful discussions with the Parish Council. 6.16 There is clear evidence that the IHRP will meet, if not exceed its indicative targets. The latest Housing Land Supply Availability information has seen a reduction in the April 2009 shortfall of 909 dwellings to 326 dwellings in April 2010. 6.17 There are also current planning applications for 3841 dwellings in Towcester, Deanshanger, Brackley, Bugbrooke and Middleton Cheney and In fact, 15 of the 16 villages identified in the IRHP as most or reasonably sustainable have had some developer interest shown in them. The Council has also recently approved a Draft Roade Masterplan for consultation. If approved this could result in some 500 new dwellings for the village including significant areas of previously developed land. Consultation on the Masterplan is likely to take place during the summer 2010 and a final document approved thereafter. I remain convinced that the new policy approach set out in the IRHP is working and that together with other housing schemes currently under consideration in Brackley and Towcester will be successful in addressing the shortfall in housing land in a consistent and sustainable way. 6.18 Current 5 Year Supply of housing land: The report of the Director of Service Delivery at item 6 on this agenda sets out the Council’s latest 5 year housing land supply position and the consequent implications for Planning Applications. In accordance with the above report, it is considered that this development does not comply with the relevant development plan and that there are no material planning considerations that would outweigh this conflict because the Council has a 5 year land supply of housing. 6.19 Accordingly it is considered that the proposed development is unacceptable in principle and that permission should be refused. However, in accordance with the above report it is recommended that the issuing of the decision notice be delayed until the outcome of the recent appeal is known. In the event that the appeal decision confirms that the Council does have a 5 year land supply, then the application decision notice will be issued. 6.20 However, in the event that the appeal decision confirms that the Council does not have a 5 year land supply and Members are satisfied that they would have granted permission if this had been clear at the time, that officers are given the delegated authority to change the decision and grant permission (with appropriate conditions) on their behalf. 6.21 In the event that the appeal decision confirms that the Council does not have a 5 year land supply that officers are given the delegated authority to issue the refusal but to remove this reason for refusal from the decision notice (reason 2). 6.22 SCALE AND LAYOUT: The IRHP sets out an indicative target of 15 dwellings for Paulerspury. It is noted that this application is for 14 dwellings that is a single dwelling under the threshold where affordable housing would be required. The layout includes the formation of an artificial boundary across the site and is at a density of 23 dwellings per hectare. It is important to note that the Government has recently amended PPS 3 to remove the previous requirement that new housing was supposed to be built at a minimum density of 30 units per hectare. Densities will now need to be considered on a site by site basis in the context of the setting of the site and neighbouring development. The proposed layout comprises 3 and 4 bed detached houses. In September 2009 the Council approved an application for 14 units on the adjoining Grafton Hunt Kennels site (S/2009/0348/P). This site has established boundaries comprising an area of 0.48 ha. The density was 30 73 _______________________________________________________________________________ dwellings per hectare that conformed to PPS 3 policy. 6.23 Para. 10 of PPS 3 considers that the Planning system should deliver ‘A mix of housing, both market and affordable, particularly in terms of tenure and price, to support a wide variety of households in all areas, both urban and rural’. Para. 16 of the PPS states that a new development ‘Is well integrated with, and complements, the neighbouring buildings and the local area more generally in terms of scale, density, layout and access’. This application proposes development at a density significantly lower than that proposed for the adjoining Kennels site and notwithstanding the changes to PPS 3 in this regard, I am concerned that the layout, density and house type proposed has been engineered so as to fall under the threshold for affordable housing without appropriate justification. The proposal includes the formation of a new artificial boundary that is inadequately justified. A density that better reflects the recently approved kennels site would be more appropriate and in turn this would also allow for the provision of some affordable housing to meet local needs. 6.24 DEVELOPER CONTRIBUTIONS: Affordable Housing contributions have been covered by the previous paragraph. However the scheme as currently proposed would provide the contributions outlined in paragraph 4.5 of the report. A draft S106 has been submitted and is acceptable to both the County Council and South Northants Council solicitors, but it has not been signed at the time of writing. 6.25 HIGHWAYS CONSIDERATIONS: The application has been submitted with a comprehensive Transport Assessment which the Local Highway Authority (NCC County Highways) have considered when making their representations on the application. They have recommended a series of conditions and informatives that should be imposed should permission be granted. 6.26 In terms of the access point this is proposed to come through the Bloors site which has been constructed to adoptable highways standards. However significant care was taken with the design and layout of the neighbouring site to retain rural design to preserve the village character. Officer were concerned about the initial road layout demonstrated feeling it was not the most appropriate design solution and to this effect the internal road layout has been reserved for future consideration. 6.27 IMPACT ON THE CHARACTER OF THE AREA AND LANDSCAPING: Paulerspury is a very linear village in terms of character running from the A5 to Pury End with the majority of the development positioned either side of a single road. There are a couple of exceptions such as Lumber Lane, but the majority of the urban form is linear. The proposal would not extend in this fashion, but officers have considered the status of the land which is the subject of this application and have concluded the scale of the development would not in itself be harmful. The site is previously developed and is largely screened from the High Street (the north) by the new Bloors scheme. To the west is Kingston Farm which also screens the site. Therefore in two directions the proposal will have little visual impact. 6.28 The IRHP requires sites to make use of robust existing natural feature as a means of boundaries. In this instance the proposal fails to achieve this on the southern and eastern boundaries where is proposed to formulate a 5 metre wide landscaping buffer. This approach has been used on other IRHP sites but in this instance officers are not satisfied that the reasoning for choosing this particular boundary are justified in planning or function terms. The indicative allocation for Paulerspury in the IRHP is 15 units. The boundary shown fails to follow any identifiable feature and 74 _______________________________________________________________________________ in this sense is completely false. The application therefore fails to meet the indicative need of Paulerspury by 1 unit and also therefore fails to make any affordable housing contribution to the established need in the village of 12 units. In the absence of any suitable justification for this boundary choice the Local Planning Authority considers the proposal to not meet the aims and objectives of the IRHP. 6.29 Additionally in June 2010 the Central Government Guidance on Housing (PPS3) was amended to remove reference to maximum and minimum densities. In effect the onus was shifted to the Local Planning Authority making a judgement on what level of density was appropriate in the particular context of a site rather than imposing simply numbers. The Council’s policy department have assessed the site in light of this change in guidance (as outlined in paragraphs 6.18 and 6.19) and have concluded that the density applied for would be harmful to the character of the area. 6.30 EFFECT ON BIODIVERSITY AND ECOLOGY: The application has been submitted by a full ecological assessment which considered the impact on bats, nesting birds, Great Crested Newts and Barn Owls. The report recommended a series of mitigation measures (despite there not being any protected species found) which have been endorsed by Natural England. In this sense the proposal accords with the best practice advice contained in PPS9 relating to biodiversity. 6.31 DRAINAGE AND FLOODING CONSIDERATIONS: Both water capacity and drainage capacities have been considered by Anglian Water and the Environment Agency. Both organisations raise no objection subject to the Local Planning Authority imposing a series of conditions and informatives should consent be granted. In this sense the proposal is satisfactory in principle in terms of drainage and water supply. In terms of local flooding concerns at reserved matters stage local flooding engineers can also be involved in the discharge of conditions and have involvement during pre-application discussions to ensure the agreed drainage methodology is appropriate. 6.32 ARCHAEOLOGY: The proposed scheme will involve the demolition of the late 19th kennels and will affect any potential archaeology within the site. In this instance there is the medium potential for early medieval features as the site is within the multi-centred settlement of Paulerspury which was probably founded in the 9th or 10th century. There is low archaeological potential for late medieval features and unknown potential for Roman and prehistoric features. In order to satisfy PPS5 it is recommended that any planning consents granted contain conditions for an archaeological evaluation of the site plus a condition to record the Grafton Hunt kennel complex. The latter buildings are of both local and regional interest and should be recorded as a monument associated with hunting which had a significant impact on the post-medieval development of the Northamptonshire landscape. 6.33 IMPACT ON NEIGHBOURING PROPERTIES: The application site is bounded on three sides by agricultural/equestrian uses consisting of open fields to the east and west and an equestrian incinerator to the south and therefore there will be no impact on residential amenity in these directions. To the north the access passes through the Bloors development which will soon be occupied and therefore sensitive to traffic passing through. As the road is to be constructed to adoptable highways standards and the fall back was there would always be an access to the land to the south this is not considered likely to be harmful to residential amenity. In terms of loss of light and privacy the precise arrangement, position of windows and siting will all need to respect the new dwellings at reserved matters stage. 75 _______________________________________________________________________________ 6.34 ENVIRONMENTAL CONSIDERATIONS: The Council’s Environmental Protection department has identified that contamination may be present on the site given its former uses. To this extent it is recommended to impose conditions to undertake investigative works and agree suitable mitigation strategies should adverse levels of contamination be found. 7. CONCLUSION 7.1 In conclusion whilst the site lies outside the village confines and does not accord with the adopted Local Plan, RSS8 suggests that locational and sustainability criteria should be used when considering the location of new development. The Council’s adopted IRHP considers this village to be reasonably sustainable and seeks to take a more flexible approach to development outside the village confines in such settlements in the short term in order to try and meet the housing supply shortfall in an appropriate way in light of Government advice. 7.2 The report of the Director of Service Delivery at item 6 on this agenda sets out the Council’s latest 5 year housing land supply position and the consequent implications for Planning Applications. 7.3 In accordance with the above report, it is considered that this development does not comply with the relevant development plan and that there are no material planning considerations that would outweigh this conflict because the Council has a 5 year land supply of housing. 7.4 However, on balance however officers do not consider that this development accords with the IRHP as the new site boundary is not adequately justified and that the density does not represent the most effective use of a Greenfield site and the land proposed for development is unnecessarily large and therefore unnecessarily intrusive in the open countryside. 8. REASONS FOR REFUSAL 8.1 The application fails to comply with the aims and objectives of the Council’s IRHP and there are no material considerations which would outweigh the lack of compliance with the policy. The development fails to accord with the IRHP as the new site boundary is not adequately justified and that the density does not represent the most effective use of a Greenfield site and the land proposed for development is unnecessarily large and therefore unnecessarily intrusive in the open countryside. 8.2 The Council has a Five Year Supply of Housing. 8.3 The application is therefore recommended for refusal for the reasons outlined at the beginning of the report. 76 77 _______________________________________________________________________________ Item No 004 Application Number : S/2010/0332/MAO Parish : Brackley Case Officer : Peter Bateman Applicant : Providence Court Investments (Brackley) Ltd Location : Brackley Sawmills Northampton Road Brackley Description : Residential development of 130 dwellings (outline) Recommendation - Approval Conditions :1. Application for the approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission and the development hereby permitted shall be begun either before the expiration of two years from the date of this permission or before the expiration of one year from the date of the approval of the last of the reserved matters to be approved whichever is the later. 2. No development shall take place until approval of the details of the layout, appearance, landscaping and scale of the development (referred to as the ‘reserved matters’) has been obtained from the Local Planning Authority and the development shall be carried out in accordance with the approved details. 3. The landscape works required by condition 2 above shall include planting plans; written specifications; schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate; tree protection measures; existing and proposed finished levels or contours and all hard landscaping. 4. Prior to the approval of the reserved matters, a plan showing the details of the finished floor levels of the proposed dwellings in relation to existing ground levels on the site and adjacent dwellings shall be submitted to and approved in writing by the Local Planning Authority The development shall be carried out in accordance with the approved details. 5. No more than 130 dwellings shall be accommodated on the site. 6. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of any of the dwellings or in accordance with any other program of landscaping works previously approved in writing by the Local Planning Authority. Any trees and shrubs which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent for any variation. 78 _______________________________________________________________________________ 7. Prior to the approval of the reserved matters full details of the means of enclosure along all boundaries and within the site shall be submitted to and approved in writing by the Local Planning Authority, and such means of enclosure, shall be erected prior to the first occupation of those dwellings. 8. Prior to first occupation of the first phase of the development hereby permitted the following highway works shall be completed in accordance with full engineering, drainage, signal, and constructional details, to be submitted to and approved in writing by the Local Planning Authority. Southern access junction (Trade Counter) – Ghost Island Right turn priority junction on Northampton Road, to include pedestrian refuges on Northampton Road. Shown indicatively on Cannon Consulting Engineers drawing B311- SK014 (Rev.B). Northern access junction (Residential) – 50m ICD, 4 arm roundabout access on Northampton Road. Shown indicatively on Cannon Consulting Engineers drawing B311-SK014 (Rev.B). Link Road from Northern Access Junction to northwest boundary of the site to be 7.3m wide, with 2 simple priority junctions for residential access. Shown indicatively on Cannon Consulting Engineers drawing B311-SK014 (Rev.B). Revised priority junction (as per extant 2007 permission) at Northampton Road/Turweston Road, required if a roundabout in this location has not already been provided by others. Footways adjacent to Northampton Road and new link road, Shown indicatively on Cannon Consulting Engineers drawing B311-SK014 (Rev.B), including a connection to the existing petrol filling station to the north of the site. A signal controlled pedestrian crossing on Northampton Road, and any footways required to tie in to existing footways, south of junction with Turweston Road, Shown indicatively on Cannon Consulting Engineers drawing B311-SK014 (Rev.B).Two Bus stops located between the two site access junctions on Northampton Road, one either side of Northampton Road, shown indicatively on Cannon Consulting Engineers drawing B311-SK014 (Rev.B), to include the provision of shelters, bus boarders, truform poles, timetable information, real time information, and appropriate road markings. 9. Prior to the commencement of the development hereby permitted full engineering, drainage, signal, and constructional details, of the internal highway layout, including roads, junctions, driveways, garages, parking, and footways etc shall be submitted to and agreed by the local planning authority, and no work is to begin on site until full technical approval has been granted by the local highway authority. Once agreed the development shall be carried out in accordance with the approved details unless otherwise approved in writing by the local planning authority. 10. Prior to first occupation of the first phase of the development hereby permitted all highway crossovers, other than those shown indicatively on Cannon Consulting Engineers drawing B311-SK014 (Rev.B), must be reinstated as footway in accordance with details to be submitted to the Local Planning Authority and approved in writing. Once agreed the reinstatement shall be carried out in accordance with the approved details unless otherwise approved in writing by the local planning authority. 11. Prior to the commencement of any part of the development hereby permitted, a Construction Management Plan shall be submitted to and approved in writing by the local planning authority. The construction of the development shall be carried out in accordance with the approved Construction Management Plan unless otherwise approved in writing by the local planning authority. 12. No development shall take place within the application site until the applicant, or 79 _______________________________________________________________________________ their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 13. No dwelling shall be occupied until any approved remedial works to mitigate any potential site contamination, have been carried out and a full validation report has been submitted to and approved by the Local Planning Authority. The developer shall draw to the attention of the Local Planning Authority the presence of any unsuspected contamination found during the development. In this event, no development shall continue until a programme of investigation and/or remedial work to include methods of monitoring and certification of such work undertaken has been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the approved remedial works, monitoring and certification of the works have been carried out and a full validation report has been submitted to and approved in writing by the Local Planning Authority. 14. The mitigation measures identified in section 4 of the ecological report received by the Local Planning Authority on the 16th March 2010 (and any subsequent updated ecological reports which form part of the application submission) shall be fully implemented and the precise management plan submitted to the Local Planning Authority and agreed in writing. No dwelling shall be occupied until the approved management plan and works have been carried out and a full ?………..........?and approved in writing by the Local Planning Authority. 15. All site clearance (including vegetation removal and work to existing hedgerows) should be timed so as to avoid the bird nesting/breeding season. If this is not possible, then a pre-works check and if necessary mitigation methodology should be carried out by a suitably qualified ecologist in accordance with details to be submitted and agreed in writing with the Local Planning Authority before such works commence. 16. No new building required to be served by water services shall commence until details of a scheme, including phasing and future management and maintenance arrangements, for the provision of mains foul water drainage has been submitted to and approved in writing by the Local Planning Authority. The approved works shall be implemented prior to the occupation of any buildings within the relevant phase(s) of the development. 17. Development shall not begin until a surface water drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall be in accordance with the principles as set out in the Flood Risk Assessment by Cannon Consulting Engineers, reference CCE/B311/FRA, dated March 2010. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. 18. Notwithstanding the submitted details, Piling or any other foundation designs using penetrative methods shall not be carried out other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. 80 _______________________________________________________________________________ 19. No infiltration of surface water drainage into the ground shall be carried out, other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. 20. F31 Prohibited working hours during construction 21. K2 Samples of materials - single or few buildings 22. Prior to the approval of the reserved matters, details of the proposed location and method of bin storage shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details. 23. I14 Floodlighting/security lighting prohibited without consent 24. Prior to the approval of the reserved matters, the siting, design and colour of any external meter boxes, external oil or LPG tanks, or other similar structures shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details and thereafter so retained. 25. Notwithstanding the submitted details the dwellings herby permitted shall achieve a minimum of Level 3 of the Code for Sustainable Homes. No dwelling shall be occupied until a final Code Certificate has been issued for that dwelling certifying that Code Level 3 has been achieved. 26. Prior to the approval of reserved matters a detailed noise assessment indicating any proposed mitigation measures and monitoring methodology (as a follow on the to the submitted noise report) shall be submitted to the Local Planning Authority and agreed in writing. Once approved the mitigation measures shall be fully implemented, maintained and monitored in accordance with the agreed details. Any variation shall require the written consent of the Local Planning Authority. Reasons :- 1. RA1 2. This permission is in outline only and all these matters are reserved. 3. To define the landscaping requirements. 4. In the interests of visual amenity and to protect the character and appearance of the area and the amenities of adjoining neighbours. 5. To define the permission and for the avoidance of doubt. 6. RC5 7. In the interests of visual and residential amenity. 8. RE1 81 _______________________________________________________________________________ 9. RE1 10. RE1 11. RE1 12. RF12 13. To ensure that any ground and water contamination is identified and adequately addressed to ensure the safety of the development, the environment and to ensure the site is suitable for the proposed use. 14. To ensure the development will not cause harm to protected species or their habitats and to ensure the mitigation and management of the ecology recommendations are satisfactory, precise and carried in a sustainable manner. 15. To ensure the development will not cause harm to protected species or their habitats. 16. To prevent flooding, pollution and detriment to public amenity and biodiversity. 17. To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the system. 18. The site overlies principal aquifer. The EA recommend that piling on contaminated sites underlain by aquifers is avoided where possible, and that non-invasive methods, such as rafts, should be used instead. 19. To prevent the pollution of controlled waters. 20. RG3 21. RK1 22. In the interests of visual amenity. 23. To preserve the amenities of the locality and prevent adverse light pollution. 24. In the interests of visual amenity. 25. To define the permission. 26. To safeguard the amenities of the occupiers of the properties and those in the surrounding area from the adverse effects of noise. S/2010/0332/MAO WARD : WARD MEMBER : Brackley East Cllr Geoffrey Nuelle & Cllr Blake Stimpson The application was subject to a Pre-Committee Members site visit, which took place on Tuesday 25th May 2010. 82 _______________________________________________________________________________ The applicant also undertook a Pre-Submission Presentation followed by an open Questions and Answer Session to Members at the Council Offices in March 2010. 1. INTRODUCTION 1.1 This triangular-shaped site, historically known as Brackley Sawmills, has a total area of some 7 ha although this application relates to only 5.62 ha. The site is relatively flat although the design and access statement states that the site slopes gently eastward and there is a fall in height of approximately 10 m across the site’s width. This equates to a gradient of approximately 1:23. 1.2 There are a number of disused and recently demolished commercial buildings which were the former Hawkins and Salmon sawmill. A wholesale builders’ merchant (Gibbs & Dandy) and a mobile catering facility are located on the northern part of the site, with gated access from Northampton Road. 1.3 The site is bounded by the Northampton Road to the east, with a long-disused railway cutting to the west, beyond which is residential development including John Clare Close and Wordsworth Close which are modern housing developments of brick construction. To the south west are older industrial buildings which are occupied by H. Bronnley soap works. To the north of the Sawmills site is a parcel of land referred to as ‘Robson Land’. This is a greenfield location identified for residential use in the emerging Brackley Master Plan. To the north west is Radstone Fields where there is a current application for a Sustainable Urban Extension (SUE) for 1000 houses, site for primary school and local centre currently being considered by this Council. To the north east is a BP petrol filling station incorporating a Marks & Spencer shop. To the east is a parcel of land referred to as ‘Smyth Osborne land’ which is greenfield, but has a committee resolution (and master plan support) for commercial use. Beyond this is the A43 dual carriageway, the main trunk road linking the M40 and M1 motorways. 1.4 Vehicular access to the site is currently possible at four different points along the Northampton Road although to secure the site (as a large proportion of it is disused and in the process of being dismantled) and to prevent unauthorised access three have been blocked up. This is because the buildings are structurally unsound and some contain asbestos. Many views into the site from the Northampton Road and from the existing residential development, adjoining to the west, are screened by mature trees and shrubs. There is a pavement from the site all the way down Northampton Road into the town centre around 1.6 km to the south. 1.5 The site has been subject to contamination in part due to its previous use as a saw mill where tanalising of timber has taken place over a long period of time and also from the infilling of the former railway cutting to the western edge of the site. 1.6 The very northern end of the site is within the area of land identified as the preferred route for Central Government’s proposed High Speed Rail 2 (HS2) which was released earlier in the year. 2. PLANNING HISTORY 83 _______________________________________________________________________________ 2.1 S/2007/0824/PO Demolition of existing buildings and development of a business park comprising uses within Class B1, Class B2 and Wholesale Builders' Merchants/Trade Counter uses (sui generis uses comprising mainly of B8 with ancillary offices and trade counter), new roundabout access, internal roads, alterations to public highway, structural landscaping, surface water balancing facility and open space. Approval (30/08/2007) 2.2 S/2006/0440/PO Demolition of existing buildings and development of a business park comprising uses within Class B1 (light industry, offices, research & development), Class B2 (General Industrial) and Wholesale Builders' Merchants, plus new roundabout access, structural landscaping and open space. Approval (17/05/2006) 2.3 S/2005/1503/PO Demolition of existing buildings and development of a business park comprising uses within Class B1 (light industry, offices, research & development), Class B2 (General Industrial) and Wholesale Builders' Merchants, plus new roundabout access, structural landscaping and open space. Refusal (23/02/2006) 2.4 S/2005/0814/PO Demolition of existing buildings and development of a business park comprising Class B1 and B2 employment uses together with a hotel, leisure and conference centre, residential care home and crèche, car show rooms, wholesale builders merchants, plus new roundabout access, structural landscaping and public open spaces with other ancillary works. Withdrawn (13/09/2005) 2.5 S/1998/0793/P Change Of Use To Storage And Refurbishment Of Portable Buildings Approval (05/10/1998) 2.6 S/1997/0247/P Use Of Land For Storage Of Pallets (Retrospective) Approval (10/04/1997) 2.7 S/1997/0208/P Use Of Part Of Land For Trailer Storage (Retrospective) Approval (10/04/1997) 2.8 The current application was subject to some pre-application discussions under reference P/2010/0019/PRE although these had not been fully concluded at the point of submission. 3. PROPOSAL 3.1 The application seeks outline residential development of 130 dwellings including the construction of a roundabout on the Northampton Road and the formation of public open space. 3.2 The application is an outline application in which the matters of principle and access are applied for with the following aspects reserved for later consideration: Appearance, Landscaping, Layout and Scale. The application shows a link road coming off the Northampton Road and travelling across the site to access the Radstone Fields SUE and Robson Land. 3.3 The application site is the northern end of the Sawmills site only i.e. 5.62 ha. The southern end is the site identified as a possible hospital site for Brackley in the master plan. There have been extensive pre-application discussions with the Primary Care Trust and the relevant developers, but this aspect of the site is not 84 _______________________________________________________________________________ related to this application. However, for information and to ensure the scheme is considered in a holistic manner a plan has been provided showing the hospital and care home indicatively as well as the Robson Land to the north in an attempt to show how the Sawmills site (subject of this application) would fit in with the strategic vision for the development of the northern part of Brackley. 3.4 The application has been submitted with a number of technical reports and other information including: A Design and Access Statement, Transport Assessment, Travel Plan, Landscape and Visual Impact Assessment, Cultural Heritage Assessment, Air Quality Assessment, Noise Assessment, Flood Risk Assessment, Contamination Report, Ecological Assessment, A Statement of Community Involvement, an Employment Land availability study, Green Infrastructure Strategy. A number of these reports have been amended following requests from Statuary consultees during the application process. One such example is the draft heads of terms have been expanded to a full draft S106 legal agreement which is nearing completion at the time of writing this report. 4. CONSULTATIONS 4.1 BRACKLEY TOWN COUNCIL: No observations 4.2 BRACKLEY RESIDENTS ASSOCIATION: Not received 4.3 TURWESTON PARISH COUNCIL: Expressed concern about traffic management and the scheme needs to ensure further traffic does not go through Turweston where existing problems exist. 4.4 ADJOINING LOCAL AUTHORITIES: AYLESBURY VALE DISTRICT COUNCIL: No objection BUCKINGHAMSHIRE COUNTY COUNCIL (adjoining Local Highway Authority LHA): Not received 4.5 NCC HIGHWAYS: The LHA has no objection to this application, subject to conditions and S106 Heads of Terms being imposed to accompany any subsequent planning permission. The conditions relate to the following elements of the development: Highway mitigation; internal layout; construction management and S106 contributions towards public transport; travel plan and implementation. A financial contribution of £200,000 is to be provided to the Local Highway Authority to enhance the existing Brackley Buzzer bus service to provide an hourly service to the site utilising the proposed bus stops on Northampton Road, Monday to Saturday, for a 5 year tender period. The Brackley Buzzer is a local bus route which links the following locations in Brackley - Tesco via Oxford Road, Bridge Street, Market Place, High Street, Halse Road, Pavillons Way, Springfield Way, Leisure Centre (for Surgery), Springfield Way, Pavillons Way, Martial Daire Boulevard, Stuart Road, Pavillons Way, Banbury Road, Westhill Avenue, Waynflete Avenue, Manor Road, Banbury Road, Bridge Street, Churchill Way, Bridge Street, Oxford Road, Tesco's Store, Oxford Road, Bridge Street to Market Place. The service operates Monday to Friday only and is subsidised by Northamptonshire County Council and Brackley Town Council. 4.6 HIGHWAYS AGENCY: Originally raised some concerns with the scheme as submitted, subject to some alteration stated the following: A43 Contribution We do not consider that the contribution of £12,000 offered is consistent with the nil detriment costing methodology that has been used to determine contributions for 85 _______________________________________________________________________________ other applications. It is our view that the Brackley Sawmills development would warrant a contribution of between £25,000 - £30,000. If your client is willing to make an offer in line with this, such an offer be accepted with no further justification. However, you are free to undertake a full nil detriment costing exercise (in line with the nil detriment costing methodology) to determine the exact amount that a nil detriment scheme would cost. 4.7 Travel Plan I note that the revised Travel Plan has been modified, and is now generally acceptable. However, the word ‘should’ at 5.1.2 should be replaced with ‘will’. Following this amendment, the Plan will be acceptable. I would conclude that once the A43 Contribution and Travel Plan issues identified above have been resolved, I will be in a position to remove the holding direction, subject to the necessary wording being inserted into the Section 106 agreement for the development. 4.8 SNC STRATEGIC POLICY (including Economic Development): No objection to the principle of change of use subject to the applicant contribution to offsetting the loss of an employment site. If we are to accept the argument from the applicant that employment land is not a viable option at this time, we are allowing the applicant to take a short term view which was at odds with the view taken by both the applicant and SNC in 2007 when planning permission was granted for employment use. Given the Councils remit to consider longer term implications, if employment use is now to be lost in favour of housing, then there needs to be some form of financial contribution to other employment projects to enable the Council to invest in projects that will bolster existing employment in the town which has an under provision of employment within it. 4.9 SNC LEISURE SERVICES: In terms of the contributions guide it’s laid down as £1255 per dwelling i.e. 130 x 1255 = £163,500 within the leisure contributions guide the threshold of 50 – 199 would trigger the need for a small community facility at level one as well as a commuted sum for strategic facilities 2-6 as described in paragraph 4.2. In terms of POS A commuted sum for the provision of new or improvements to, small community facilities (Level 1 of the Strategic Recreational and Leisure Facilities) and more strategic facilities (levels 2-6 of the Strategic Recreational and Leisure Facilities set out in paragraph 4.2. Types of provision could include a pocket park or play area. 4.10 Sites of 50 – 199 dwellings. On site provision of for the provision of new or improvements to small community facilities (Level 1 of the Strategic Recreational and Leisure Facilities) and a commuted sum for the more strategic facilities (levels 2-6 of the Strategic Recreational and Leisure Facilities set out in paragraph above). In terms of provision it would be anticipated that public amenity space as well as play space would be applicable, the maintenance figures are depicted below. Public Amenity Space maintenance costs £3 per dwelling per year x 15 years = £5850 Equipped Play Area maintenance costs £44.60 per dwelling per year x 15 years = £86,970 In addition £300 per dwelling for ‘strategic facilities’ will be requested. £300 x 130 = £39,000 Total contribution £295,320 4.11 SNC STRATEGIC HOUSING: Housing Needs - The West Northants Housing Market Assessment (2007) and the West Northants Housing Needs Estimates (2008) all highlight the increasing shortfall of affordable housing across the district. The most recent of these documents estimate an annual need for 191 affordable dwellings per year. A housing need survey in Brackley in September 2008 identified the following housing need for the town. This identified need from the existing local 86 _______________________________________________________________________________ community and did not take into account households that wish to move to this market town. 48 units for rent 30 x 1 or 2 bed flat or house 5 x 1 or 2 bed bungalows or ground floor flat 1 x 2 or 3 bed bungalow or ground floor flat 5 x 2 bed house 7 x 3 bed house 4 units for shared ownership 1 x 1 or 2 bed flat or house 1 x 2 bed house 2 x 3 bed house 4.12 A further check of the housing register has revealed that there are currently 209 households expressing a preference to live in Brackley. This demonstrates that there is significant housing need in the town to be met and that this far exceeds the levels of need identified by the housing need survey. A variety of household types are in need, however, the largest need is among young single people, single people over 60 years of age and small families. In terms of the council’s current allocation policy this translates into a need for 2 and 3 bedroom properties. However further discussion on the appropriate affordable housing mix would be sought at early stage in this application. 4.13 With the current proposal for 130 dwellings, we would expect to achieve 40% affordable housing for this site (52 units) in line with the affordable housing SPG (2003), with a split of 75% rented and 25% as an intermediate product. The type of intermediate product will be dictated by the market conditions, however it is likely to be either NBHB or Rent to Homebuy. 4.14 Housing Mix - It is expected that the affordable housing provision be of a suitable size and mix. The applicant will need to satisfy the local planning authority that the mix of unit types address the local housing need based on up-to-date housing market intelligence. Due to their limited scope for sustainable living we would not encourage the development of 1 bedroom properties. We would want full input in discussions on this at an early stage should outline planning permission be granted. 4.15 Design Standards - All affordable housing is expected to meet as a minimum the Homes and Communities Agency ‘Design and Quality Standards.’ We would expect the units to meet, as a minimum, the Code for Sustainable Homes Level 3. We would welcome design proposals that went beyond the minimum standards. 4.16 Funding - Affordable housing provided on development sites is secured through legal agreements under section 106 of the Town and Country Planning Acts. The Council expects developers to have considered the financial implications of the affordable housing policy requirements when purchasing the land for development. It is expected that should an applicant consider they are unable to provide the required planning contributions (including affordable housing) then they would need to support their case with financial evidence. Where applicants submit evidence of non-viability the Council will expect to see the calculations set out in enough detail 87 _______________________________________________________________________________ for viability to be properly assessed. 4.17 In terms of public subsidy for affordable housing, the availability of grants is likely to decrease in coming years. Developers should not expect as a matter of course grant financing from the Homes and Communities Agency unless added value is included and can be demonstrated. This applies to social rented and intermediate housing. Added value can include such things as higher standards of development, unusually high elements of social rented development and extra energy efficiency measures, which would meet a higher level of the Code for Sustainable Homes. If the applicant can demonstrate that levels of grant funding are required for the development to be delivered then the Strategic Housing Team will utilise the Three Dragons South Northamptonshire Council’s Development Economics toolkit to test varying grant scenarios and what added value grant would bring to the development. 4.18 NATURAL ENGLAND: Request additional information in the form of amended surveys and a Green Infrastructure. The applicant has provided a document following this request. 4.19 Biodiversity – We believe there is low impact to the Helmdon SSSI to the north with the current scheme but if access to the north is planned it should be in line with a management plan to prevent harm to the SSSI. Some of the surveys (newts and bats) are dated and need updating. Surveys in relation to Badgers are satisfactory. Concurs with Wildlife Trust comments relating to the small blue species of butterfly. Landscape The site is not within a special landscape designation. Green Infrastructure improvements are needed which should be through a strategy or management plan. 4.20 NORTHANTS BAT GROUP: Further detail with regard to the bat survey is needed. Bats are known to be in the area. Comments concerning the revised bat survey have not yet been received – please await update 4.21 NORTHANTS WILDLIFE TRUST: Contributions to a Green Infrastructure network. By constructing a housing development in the proposed location, within the corridor route of a disused railway line, the potential for Green Infrastructure (GI) delivery, in the form of wildlife habitats connectivity, could potentially be significantly reduced. On the other hand, by constructing a housing development in the proposed location, the potential for GI delivery, in the form of corridor / habitat connectivity, will be a highly significant opportunity which we would recommend that your Authority capitalises upon to the full. Increasing connectivity of habitats is a priority for this location due to the concentration of both existing and potential designated wildlife site areas that lie either along, or adjacent to, its linear route. 4.22 Increasing connectivity of habitats should be a top priority for all areas of the county in order to provide for both sustainable and robust areas of the countryside under suitable ecological management and for a joined-up ‘Living Landscape’ that will allow species and habitats to better adapt to the effects of climate change. This Application Site lies right in the heart of a Sub-Regional GI Corridor. It also coincides with a GI route formed by the Great Central Railway disused line corridor too. These GI links will provide a valuable addition to this area of the county in terms of biodiversity along with the nearby SSSI and the other established areas of wildlife habitats. In light of this then, it is disappointing to note that the application does not appear to provide any real detailed treatment of, or precise information about, the Green Infrastructure element to its proposal. 88 _______________________________________________________________________________ 4.23 Cumulative Impacts on local biodiversity and potential GI networks. The Wildlife Trust is of the view that this Application does not adequately deal with the potential ‘pinch-pressure’ effect that this particular residential development scheme, taken together with the proposed urban extension at the ‘Radstone Fields’ site to the north-west of it and the proposed healthcare facility to the south of it, will cumulatively have upon the potential to deliver a high-quality, sustainable GI network link north-to-south along the route of the disused railway line. Of particular concern, is the depiction, on the ‘Illustrative Landscape Masterplan’ Drawing, Ref. P.0245_17-2, dated 8th March 2010, of a potential access route, for vehicles, pedestrians and cyclists, from this proposed residential development here at the Sawmills across the width of the disused railway line GI link and on into the proposed ‘Radstone Fields’ site. This potential ‘locking-out’ of strong GI linkages and biodiversity resources goes against the policy and guidance given within national (PPS9). 4.24 Mitigation, enhancements and future management. The Wildlife Trust is of the view that, with reference to the ecologists’ recommendations made throughout Section 4 of their report within the E.S. document; all of the proposed mitigation measures therein must indeed be fully implemented. However, also of critical importance will be the requirement for an ecological management plan ( EMP ), incorporating a comprehensive Monitoring Programme, to be produced in order to inform and guide the future delivery of all of the biodiversity enhancements across the whole site area and its environs. These objectives might be best delivered by the appending of strong, suitably-worded Planning Conditions and / or the insertion of relevant clauses into a S106 Agreement, as appropriate. 4.25 Additional Comments. Welcomes the proposals for the overall incorporation of open / green space within this housing development. Paragraph 3.48 of the ecologists’ report makes a reference to the Small Blue Butterfly. This is now a very rare butterfly species in Northamptonshire – it is listed within the Red Data Book for our county – and the last known site for its presence is the Local Wildlife Site known as ‘Brackley Railway Embankment’ which lies not far to the south of this Application Site along the route of the Great Central Railway disused line GI corridor. The Wildlife Trust has a vision that aims to support this particular butterfly species and to try aid its re-establishment and spread within this local area of the county. In order to explain some of the background to this situation, we have included here with this letter a schematic leaflet all about the Small Blue Butterfly Project. Therefore, the Small Blue’s situation simply adds greater importance and significance to the strategic need here to join pieces of habitat together and to create high-quality GI network linkages. For instance, why not positively set out to make provision for the food plant of the Small Blue Butterfly – Kidney Vetch – to be planted / sown into an area of suitably-created habitat running through this proposed development site. 4.26 SNC GREEN INFRASTRUCTURE POLICY OFFICER: No objection. Given the size of the site and the lack of an overarching strategy for the district / area I think this document covers the main issues. I would suggest the document is a GI Plan for the site rather than a strategy but that just semantics. I can’t really comment on the appropriateness of their proposals not being an ecologist and will defer to the specialists. I note the S106 covers the land transfer of the open space and recreation, does this include all the GI area and how will the land be management in perpetuity, we need a Management Plan as well either through condition or S106. 4.27 NCC GREEN INFRASTRUCTURE POLICY OFFICER: No objection. GI Linkages and Impact on Brackley to Helmdon Disused Railway SSSI. At present there is a 89 _______________________________________________________________________________ contradiction within the document in that it rightly indicates that access from the site to the SSSI to the north is obstructed by dense vegetation making it hard to access. However there also seems to be an ambition to use the site to provide improved green infrastructure links for north Brackley and open up access to the SSSI. The application needs to decide which of these options it wants to achieve as at present it come across as confused thinking. Using this development to open up new access and thus improve the GI network of the town is fine in terms of the overall strategy, however such an approach needs to be carefully managed to ensure that new access towards the SSSI is well controlled to ensure it does not result in a deterioration of the habitat for which it has been designated. At present the SSSI is in poor condition in places and increased use should not contribute towards further deterioration. A financial contribution from the development in the form of a S106 agreement could potentially be provided to facilitate good management of the link between the site and the SSSI and provide interpretation for walkers using the new linkage explaining about the biodiversity and history of the old railway line. 4.28 Bat Barn. The provision of a bat barn will be a useful addition the site; however appropriate advice should be sought on the form and construction of this building to ensure that it is appropriate for use by bat species that are known to be using the site. Bat barns have been used on sites in other counties and advice could be sought from Northants Bat Group and the Bat Conservation Trust. It should be well constructed and built in such a way that it is difficult to vandalise and gain access to. This should include being constructed from materials that are less susceptible to arson attacks (e.g. limited use of combustible materials within the fabric of the building). The condition of the building should be managed over time as part of the Ecological Management Plan (see below) to ensure that vegetation is not allowed to engulf the building over time and disrupt entry points to the building. The barn should be located such that it is not overlooked by any existing lighting which may affect any bats using it. A night time check of the location should be carried out to ensure it is not encroached on by lights from nearby houses in Wordsworth Close e.g. from security lighting. 4.29 Grassland Creation. The intention to create new areas of grassland along the route of the old railway is a good use of this area, which could provide potentially high quality habitats. Notwithstanding this, consideration should be given to the character of the grassland. At present it is suggested that a neutral mix would be used but given the nearby habitats and the potential underlying soils in this area it would perhaps be better to aim for a calcareous grassland mix that mirrors the species found on the nearby SSSI. Not only does this extend the potential habitat linkages in the area but also has the potential to contribute in the longer term towards the calcareous grassland creation targets in the Northamptonshire Biodiversity Action Plan. 4.30 Ecological Management Plan (EMP) The suggestions and recommendations in the GI strategy for the site such as the planting of kidney vetch for the small blue butterfly all seem sensible subject to a few minor amendments. The strategy suggests an EMP should be produced to guide the management of the site and my suggestion would be that all of the various suggestions from the strategy should be included more formally within the EMP and that a fully enforceable condition should be included with the permission to ensure its production and that the works and ongoing management are carried out. I would suggest that the EMP needs to be produced within 6 months of permission being granted and should be available to various stakeholders such as the Wildlife Trust for comment. 90 _______________________________________________________________________________ 4.31 NCC RIGHTS OF WAY: No objection or comments. 4.32 RAMBLERS ASSOCIATION: No comment 4.33 NCC ARCHAEOLOGY: The applicant has submitted a Cultural Heritage Assessment produced by Cotswold Archaeology (2010) with the application which aims to provide information regarding the nature and extent of the cultural heritage resource within the development area. The assessment concludes that the area has potential for Iron Age and Roman activity. The site is currently predominately hardstanding and as such it is reasonable to assume that it is likely to have had an impact on any archaeological deposits present. However although this may have resulted in truncation of some shallower deposits there is still the potential for significant remains to survive below the hardstanding. 4.34 I note that Cotswold Archaeology recognise the need for a mitigation strategy and also that this should be undertaken in consultation with the County Archaeological Advisor. In most occasions a site of this size in a landscape of identified archaeological potential would require pre determination evaluation. However in this particular occasion due to the extent of the hardstanding within the greater area of the site I would agree that the archaeological evaluation would be best undertaken post determination. In order to allow the best opportunity to identify archaeological deposits the removal of the hardstanding will need to be undertaken in conjunction with the archaeological contractors. The proposed application will have a detrimental impact upon any archaeological deposits present. This does not however represent an over-riding constraint on the development provided that adequate provision is made for the investigation and recording of any remains that are affected as per the guidance within PPS5 Planning for the Historic Environment to any permission granted in respect of this application. 4.35 I suggest the following condition: ‘No development shall take place within the area indicated until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority.’ 4.36 ENVIRONMENT AGENCY: Environmental Infrastructure - Thank you for forwarding the ‘Suggested Informative Statements and Conditions Report’ sent by Anglian Water, reference 1106/SP10(003), dated 18 May 2010 in relation to the above development. We did consider that the forthcoming Brackley master plan could provide a strategic solution to Brackley’s environmental infrastructure issues, as opposed to looking at individual applications in isolation. However, subject to Anglian Water confirming both sufficient water resource capacity and that the water supply network system has adequate capacity to serve this development we would be prepared to withdraw our previous objection on environmental infrastructure grounds, subject to the imposition of conditions. 4.37 Flood Risk I can confirm that we have now reviewed a Flood Risk Assessment produced by Cannon Consulting Engineers, reference CCE/B311/FRA, dated March 2010. We consider that the details in the FRA have been undertaken in line with Annex E of Planning Policy Statement 25 'Development and Flood Risk' (PPS25), and these are considered appropriate for the scale and nature of the proposed development. Accordingly, we are prepared to withdraw our previous objection on flood risk grounds, subject to the imposition of conditions on any 91 _______________________________________________________________________________ subsequent planning permission granted: 4.38 Contamination - The recommendations made for further groundwater investigations to identify and delineate the extent of the groundwater contamination present at the site, followed by remediation if necessary, are generally acceptable. However, further investigation of the identified soil contamination to delineate its vertical and lateral extent, followed by a quantitative assessment of the risk to controlled waters posed by this soil contamination will also be necessary. It will be necessary to determine acceptable remedial targets, (protective of controlled waters) for soils remaining at this site. Under no circumstance should contaminated material be left in the ground without satisfactorily demonstrating that it does not pose an unacceptable risk to controlled waters. Proposals to replace 500mm of soils with clean soils in gardens only may therefore be insufficient for the protection of controlled waters. 4.39 A remediation strategy for the whole site will be required following the further investigations and controlled waters QRA. In accordance with the Environment Agency Groundwater Protection Policy, direct discharges into groundwater of surface water run-off are not normally acceptable except where the prior written consent of the Environment Agency has been given under the terms of the Water Resources Act 1991. Such consent may be withheld. As part of our Groundwater Protection Policy all infiltration structures (permeable pavements, infiltration trenches, soakaways, etc.) should be constructed to as shallow a depth as possible to simulate natural infiltration. The base of infiltration structures is to be at least 1.2 metres above the highest seasonal water-table as direct discharges to groundwater are unacceptable. No infiltration structures should be constructed in contaminated land. 4.40 ANGLIAN WATER: No objection the site has adequate water supply capacity, foul flows and Brackley Sewage works has adequate capacity. Defers comment on Surface Water Drainage to the Environment Agency. 4.41 ENVIRONMENTAL PROTECTION: Air Quality, Noise and Contamination 4.42 Air Quality – No objections or observations. 4.43 Noise - I am satisfied that the noise assessments detailed in the WBM Reports submitted in support of the proposed development has been undertaken in accordance with the relevant standards and procedures. No adverse comment regarding noise aspect of the proposed development subject to imposition of appropriate safeguarding conditions 4.44 Contamination - The report from the Nott Group confirms that there is contamination across the site and that further investigations are taking place. As mentioned in the report, on completion of all necessary site investigations a detailed scheme of remediation will need to be submitted, and approved in writing, to ensure the site is suitable for its proposed use. 4.45 PRIMARY CARE TRUST: Not received at the time of writing, please await update 4.46 NCC KEY SERVICES: The following contributions will be sought: 4.47 Libraries contribution: £ 29,770.00 92 _______________________________________________________________________________ 1 Bed = £116 2 Bed = £155 3 Bed = £229 4 Bed = £290 5 Bed = £ 326 4.48 Fire and Rescue contribution: £11,180.00 (£86 per dwelling) 4.49 Education contribution: Depends on the final dwelling mix at reserved matters stage, but using the usual multipliers would be based on the following amounts. 1 Bed = £0 2 Bed = £588 3 Bed = £2,756 4 Bed = £5,010 5 Bed = £ 9,828 4.50 ARBORICULTURAL OFFICER: There are a number of TPO trees and a great number of unprotected trees on what appear to be the highway verge to Northampton Road which seems to disappear under an enormous roundabout on the indicative layout. This includes a row of ash trees that have not been replanted after they were felled several years ago, shortly after the TPO was made (a tree replacement notice was served on 5th March 2007 and was never complied with) 4.51 Other than the TPO trees and other trees on the Northampton Road mentioned above there are no trees of any particular significance that could be lost. The proposed indicative layout shows plenty of landscaping provision and public open space that will more than make up for any loss of other trees on the inner part of the site. A comprehensive landscaping scheme will need to be agreed and this should include replacement trees to compensate for the amenity value of the trees to be lost. 4.52 NORTHANTS POLICE CRIME PREVENTION DESIGN ADVISOR: No objection in principle. I note and welcome the intention to adopt the ‘perimeter block’ arrangement for most of the development. However, this appears to be undermined by the inclusion of what appear to be 3 parking courts. These should be avoided if possible, as parking courts offer easy access to the rear gardens of dwellings, the preferred route for most burglars, and can be the site of vehicle crime and antisocial behaviour of many types. If the courts are retained, the effects can be mitigated by changing the orientation of some of the dwellings to directly overlook the courts, giving more of a ‘mews’ feel. This has been achieved at the new Bridleways development in Northampton. 4.53 Lighting should be specified to BS5489-1: 2003, and certification produced to verify this. Bollard lighting should be avoided, as it is ineffectual, casting light too low to be of value, and the bollards themselves are easily damaged, whether accidentally or deliberately. The proposed ‘landscaped open space’ at the western edge of the 93 _______________________________________________________________________________ development needs careful treatment. In urban settings, any footpaths/cycleways which are separate from general movement corridors can be nuisance and antisocial behaviour generators. Brackley in particular, suffers from problems of this nature, and any new development should take this into account. The path must be in open space, and well overlooked. Soft landscaping in the vicinity of the path should be restricted to low-growing varieties. 4.54 There are particular concerns regarding the siting of the proposed play area in the north-western corner of the site. It appears to be stuck in a corner of the site, out of the way. Any such facility should be an integral part of the development and well overlooked by neighbouring dwellings. If parents of young children do not feel it is a safe environment, they will not allow them to use it, and it is likely to be ‘taken over’ by older children and youths. A number of such facilities have been destroyed and/or removed in Brackley, following misuse and serious vandalism. 4.55 THIRD PARTIES: One e-mail received from Gill Balloch (no address provided – comment submitted via e-mail) raising objection to the proposal. 4.56 ISSUES RAISED: Objects to the introduction of the play park, will attract unwanted visitors and is located behind gardens, anti-social behaviour will result. 130 houses are excessive given the area of the site. Queries the amount of parking with each house likely to generate the need for two cars to be parked. 5. POLICY 5.1 The application should be assessed in light of the following development plan policies and Government Guidance: 5.2 NATIONAL PLANNING GUIDANCE: PSS1 (Delivering Sustainable Development), PPS3 (Housing), PPS4 (Commercial/Employment), PPS5 (in respect of Archaeology), PPS9 (Biodiversity), PPG13 (Transportation), PPS23 (Pollution), PPS24 (Noise) and PPS25 (Flooding) 5.3 SOUTH NORTHAMPTONSHIRE LOCAL PLAN: G2 (General), G3 (General Development Control), H3 (Housing in Brackley), EV1 (Design) IMP1 (Developer Contributions), EV21 (Landscape) 5.4 SUPPLEMENTARY PLANNING GUIDANCE: Planning Out Northamptonshire, Developer Contributions, Energy and Development 5.5 OTHER: Draft Brackley Master Plan (June 2010) 6. APPRAISAL 6.1 The main issues in consideration of this application are: Crime in The principle including the justification for the loss of employment land to residential Sustainability of the location Indicative Layout and Design The impact on the character and appearance of the area The impact on the streetscene and northern approach to Brackley 94 _______________________________________________________________________________ Highways considerations (including local, strategic and linkages to adjoining sites) Pedestrian and cycle linkages to the Town centre and Radstone Fields Flooding and Drainage considerations Environmental considerations including: Air Quality, Noise and Contamination Wildlife, Green Infrastructure and Biodiversity considerations Developer contributions Landscape and Arboricultural considerations Boundary treatments for the site Leisure provision (On site and off site) Historic Environment and Archaeological considerations The impact on neighbouring properties Other matters including - High Speed Rail 2 (HS2) implications and Brackley Hospital 6.2 PRINCIPLE: The application site was last in employment use and as can be seen from the planning history contained in section 2 of this report has recent planning permissions on the site for further employment uses. National Guidance promotes the principles of sustainable development. This policy approach is embodied in Paragraph 3 of Planning Policy Statement 1: Delivering Sustainable Development (PPS1) (February 2005) which states that ‘Sustainable development is the core principle underpinning planning’. Paragraph 5 advises that the planning process should ‘facilitate and promote sustainable/inclusive patterns of urban and rural development by: making suitable land available for development in line with economic, social and environmental objectives to improve people’s quality of life; contributing to sustainable economic development; protecting and enhancing the natural and historic environment, the quality and character of the countryside, and existing communities; ensuring high quality development through good and inclusive design, and the efficient use of resources; and ensuring that development supports existing communities and contributes to the creation of safe, sustainable, liveable and mixed communities with good access to jobs and key services for all members of the community.’ 6.3 This policy approach is an important consideration in respect of this application. Since 2001 there have been 428 houses built in Brackley and 7.42ha. of new employment development. According to the Councils 2004 Household Survey out commuting to work from Brackley was estimated at approximately 75% and there is no reason to suggest that this has changed. There is a need for this imbalance to 95 _______________________________________________________________________________ be addressed with both the development of additional employment sites in the town and by the protection of existing opportunities. 6.4 Paragraph 10 of Planning Policy Statement 4: Planning for Sustainable Economic Growth sets out the Government’s objectives regarding the achievement of sustainable economic growth. These include: building prosperous communities by improving the economic performance of cities, towns, regions, sub-regions and local areas, both urban and rural reducing the gap in economic growth rates between regions, promoting regeneration and tackling deprivation delivering more sustainable patterns of development, reducing the eed to travel, especially by car, and responding to climate change, and promoting the vitality and viability of town and other centres as important places for communities. 6.5 The PPS (Policy EC1.3) states that, at the local level, the evidence base should assess the detailed need for land or floorspace for economic development, including for all main town centre uses over the plan period. The evidence base should also assess ‘the existing and future supply of land available for economic development, ensuring that existing site allocations for economic development are reassessed against the policies in this PPS, particularly if they are for single or restricted uses. Where possible, any reviews of land available for economic development should be undertaken at the same time as, or combined with, strategic housing land availability assessments’ 6.6 As part of the work underpinning the emerging Local Development Framework a number of studies have been prepared that consider the need for economic development related activities. The main ‘saved’ local plan policies that need to be considered are policies H3 and E4. Policy H3 allows for the principle of housing development within Brackley and therefore this proposal accords with that Policy. It is also accepted that the principle of allowing residential development within Brackley is consistent with the urban orientated focus of the Local Plan and most notably Policy G2. However it is important to note that Policy G2 applies to all forms of development including industrial and commercial that are needed to create sustainable communities. Furthermore it is accepted that the principle of residential development in this part of Brackley is consistent with the Local Plan as long as it is on suitable sites. 6.7 Paragraph 3.14 of the Local Plan considers that the Council will seek to maintain as far as possible all existing employment uses except where an established or proposed industrial or commercial use is not particularly well suited to a site. In such cases, there may be a significant gain to the local environment in allowing an alternative use. 6.8 Policy E4 states that ‘planning permission will not be granted for the change of use or redevelopment of a site or building currently or last used, and which remains suitable for, industrial or commercial purposes to a non-employment use. Exceptions may be made where the proposal is in accordance with Policy R1 or where the existing use can be shown to be in significant conflict with the criteria set out under Policy G3.’ 96 _______________________________________________________________________________ 6.9 The planning policy context of the Environmental Reports Compendium accompanying the application actually highlights the potential supply situation in Brackley itself which states Table 10.8 of the SELA (Strategic Employment Land Availability) indicates that the sites at Brackley considered to have the potential to deliver enhanced employment opportunities have the capacity to accommodate approximately 95,600sqm of new floorspace. The utilisation of the SELA employment land typologies for Northamptonshire suggests that this potential capacity could accommodate some 3,290 extra jobs at Brackley. The portfolio of sites evaluated by the SELA has the capacity to provide new employment opportunities far in excess of the new housing the light of this assessed future supply, the applicant does not consider it necessary, in planning policy terms, to maintain the planning application site for economic development. 6.10 In terms of specific sites, the SELA portfolio of sites with potential for ‘next stage’ evaluation at Brackley includes 2 hectares of land within the wider definition of the Brackley Sawmills site and new jobs will be created on the southern part of the Sawmills site through the development of the proposed community health care facility. Paragraph 6.7.4.1 of the Emergent Joint Core Strategy describes the preferred spatial strategy for Brackley, incorporating Brackley North (providing approximately 1,600 dwellings) and Brackley East (assumed to deliver approximately 650 jobs). Paragraph 6.7.4.5 of the EJCS states that Brackley East will deliver 25 hectares of mixed B Class employment. Table 10.8 of the SELA contains sites for ‘next stage evaluation’, including two locations off Turweston Road at Brackley. Those two sites (S9 and S13) contain 24.2 hectares of land for new economic development. These two sites fall within the definition of Brackley East contained in the Emergent Joint Core Strategy. The Northamptonshire SELA considers that this location has the capacity to accommodate some 82,800sqm of new floorspace. By utilising the employment densities for Northamptonshire described at Appendix G of the SELA, it can be calculated that Brackley East could deliver approximately 2,820 jobs, an outcome significantly greater than that described in the EJCS. 6.11 There is no need to maintain the existing employment use conferred by the present planning permission as the SELA identifies a significant supply of potential employment land at Brackley. Furthermore, the Council has resolved to grant planning permission for an industrial/business park on 10.2 hectares of land between Turweston Road and Northampton Road, Brackley (application no. S/2008/1648/PO). This is site S13 assessed in the Northamptonshire SELA. The amount of floorspace accepted by the Council on this site could accommodate between 1,145 and 1,205 jobs. SNC’s report regarding application no. S/2008/1648/PO states that the total amount of gross floorspace on the site shall not exceed 38,000sqm. B1(a) shall not exceed 8,000sqm (400 jobs), B1(c) could cover 15,000-20,000sqm (470-625 jobs) and B8 could occupy 15,000-10,000sqm (275-180 jobs). 6.12 The Brackley Employment Land Demand Study (BELDS) suggested that there was a need to provide 12 hectares of employment-generating land at Brackley in the period up to 2021. The Brackley Sawmills site was deemed to contribute 5 hectares of that overall requirement. The four sites proposed in the Northamptonshire SELA for ‘next stage evaluation’ collectively encompass an area of 28.2 hectares, a potential supply substantially in excess of the requirement described in the Brackley Employment Land Demand Study. That suggested potential supply anticipates only 2 hectares of land being used at Brackley Sawmills for new employment-generating 97 _______________________________________________________________________________ development. Crucially, paragraph 5.3 of the BELDS contends that it is not just the quantity of employment land that should be considered. The Study concluded that, in order to attract value-added employment opportunities to Brackley, it is ‘essential’ to have a range of quality employment sites available. The Study categorically observes that the Sawmills site does not fulfil this qualitative need and that the Council should seek to provide a range of sites. 6.13 The Savills/White Commercial report that accompanies the planning application quantifies the potential increase in job opportunities at Brackley itself (1,993 jobs). The report refers to the contribution that Silverstone will make to local employment provision but does not suggest that those proposed job opportunities constitute any justification for the present planning application regarding the Sawmills site. The calculations contained in the report need to be viewed in the context of the comments at paragraphs 4.1 and 4.29 of the BELDS. 6.14 In conclusion, the applicant has demonstrated that there is no viable way of redeveloping this site for employment uses and that Brackley and the surrounding area has sufficient employment land to meet immediate and future needs adequately without the need to retain the part of the Sawmills site relevant to this application. In this instance the Council’s policy and economic development officers have thoroughly considered the applicant’s case that the site is not viable for economic use and that Brackley and the surrounding area has an overprovision of employment land rendering this site unnecessary as outlined in the preceding paragraphs. In addition the cost of decontamination due to the extent of contamination and resultant expense for clearing the site and making good and the desirability of delivering the master plan objectives such as the hospital and access to Radstone outweigh the conflict with policy E4. 6.15 Mitigation - Given the Council’s remit to consider longer term implications, if employment use is now to be lost in favour of housing, then there needs to be some form of financial contribution to other employment projects to enable the Council to invest in projects that will bolster existing employment in the town which has an under provision of employment within it. 6.16 Officers note that while Silverstone is within the Travel – to – Work area of Brackley (a large area given the rural character of the District) and the applicant has made the argument that its projected employment generation needs to be taken into account when considering the proposed loss of potential employment on the Sawmills site we note Government and Council planning policy remains to try to reduce travel between home and work and the loss of this potential employment site will exacerbate existing travel problems. 6.17 But, given the additional land value of housing over employment, officers feel the case for a contribution to Council projects that will bolster employment within Brackley is reasonable without affecting the viability of a residential development. There are 2 main existing employment opportunities in Brackley that the Masterplan process has identified as priorities which the Council will pursue. These are the renewal of the town centre (non-B use) and Buckingham Road Industrial Estate (B use). Both have their own issues, Buckingham Road Industrial Estate has issues around environmental health, crime and appearance and the Town Centre has issues around appearance, high vacancy rates and low footfall. 6.18 Strategic Policy have suggested a contribution towards projects which help improve these issues and protect and generate new employment which will support the 98 _______________________________________________________________________________ viability of the town. There are a number of related options to which a contribution is sought; Contribution to the new Brackley Town Fund which SNC agreed to establish in January 2010 (see draft SPD on Developer Contributions recently consulted upon which sets out full details). It is proposed that a Town Manager post is created and filled to improve co-ordination between business, local agencies and landlords within the centre of the town, to drive down the current high vacancy rate. This post would also undertake a proposed shop front improvement scheme that will improve the appearance of the high street. It is also proposed the Town Manager would coordinate work within the town centre and takes over support to the recently established Buckingham Road Industrial Estate Group which lies to the east of the town centre please see paragraphs 6.19 to 6.23 below. Post cost - £35,000 per annum including on-costs x 3 years = £105,000 total Contribution towards marketing of the town centre retail (building on the recent Try Brackley First retailers initiative to improve footfall and town centre vitality = £10,000 x 3 years = £30,000 total Signage, road marking and security initiatives on Buckingham Road Industrial Estate = £100,000 total Total - £235,000 over 3 years The above contributions will be discussed shortly with the applicant and the results of these discussions will be updated to Committee. 6.19 Buckingham Road Industrial Estate Group - The Buckingham Road Industrial Estate was set up in June 2010. It is currently co-ordinated by Northamptonshire Enterprise Ltd with the active support and involvement of South Northamptonshire Council and attended by businesses on the Estate and Northamptonshire Police. There are 16 such groups around the County covering a number of industrial estates. 6.20 The main concerns that have been identified by the group are; Crime levels and security Concerns over parking on / blind spots on some of the T Junctions – in particular Buckingham Road near Faccenda – possible introduction of yellow lines on this section of road Lorries parking overnight and longer Scrap metal thefts Issues with people gaining access to the estate from the bottom of the railway track (this would be solved by having CCTV) The estate has been used as a race track at the weekends 6.21 These issues are common to many industrial estates. The Buckingham Road group is in its infancy and is undertaking further work to identify more specific issues and translate these into achievable actions. A separate contribution from an off-site 99 _______________________________________________________________________________ developer would help tackle some of the more immediate issues identified by the Buckingham Road Businesses to ensure the estate is improved in terms of security and appearance. 6.22 The estate is identified in the draft Brackley Masterplan as in need of improvement, to drive down rising vacancy rates and the preparation of a Development brief for redevelopment. This priority will be retained into the final version of the Brackley Master plan. 6.23 The Buckingham Road group has discussed the long term option to form a Business Improvement District (BID) as has been the case at the Brackmills Industrial Estate in Northampton. Although much larger the Brackmills BID currently raise £400,000 per annum to tackle issues such as security, transport access, appearance of the estate and group buying. Due to the nature of BID’s being a legal partnership which all must pay into if the majority votes in favour, so it is not a quick option. 6.24 SUSTAINABILITY OF THE LOCATION: The application site is located within the settlement boundary of Brackley and is adjacent to a major route into the town. In this sense it can be considered a sustainable location. In terms of specific key local facilities, the following is within reasonable distance of the application site: Lake Field Nursery School at a distance of 1.8 km from the site; Brackley Church of England Junior School at a distance of 1.7 km from the site; Magdalen College School (providing secondary and sixth form education) a distance of 1.3 km from the site; A health centre is located within the Town Centre 800 m from the site on Halse Road; In terms of employment, there is a large industrial estate (Buckingham Road) situated on the south-eastern edge of Brackley a distance of 1.3 km from the site; Major employment development is planned on the opposite side of Northampton Road on the Smyth-Osbourne site. The Town Centre which has a range of shops and services is situated at a distance of approximately 1 to 1.6 km south of the site. 6.25 IMPACT ON THE STREETSCENE AND NORTHERN APPROACH TO BRACKLEY: At present the application site is a prominent site which forms part of the northern approach to the town as it links onto the A43 dual carriageway. The current state of the site does not make for a particularly attractive approach to the town (reflected in the draft master plan which identified the site as an important gateway to the town) and therefore a priority of the draft master plan to improve the situation. 6.26 On site at present are a series of dated and largely dilapidated commercial buildings. Many of the former buildings have now been demolished, but those which remain have fallen into disrepair and will be demolished. The applicant has for a considerable period of time struggled to secure the site and to this extent parts of the site have been subject to anti-social behaviour, unauthorised stripping of materials, informal recreational uses such as skateboarding and tipping of 100 _______________________________________________________________________________ materials. 6.27 The Council’s Arboricultural officer recognises that the existing trees which form the boundary to Northampton Road offer some amenity value. Concern was expressed by him about the loss of a number of trees at the point of the proposed roundabout as it would potentially open up the site visually. However, he was unable to sustain an objection due to the fall back position of existing permissions and due to the potential for the reserved matter of landscaping to provide a replacement scheme of planting. The details of this would need to be agreed and the intention would be to soften the visual impact of the development and enhance the existing streetscene which is characterised by a largely green approach to the town. 6.28 The area of public open space occupying the former dismantled railway along the western edge of the site will be planted so as to enhance the opportunities for wildlife habitation in this area; especially for bats and bird life. A special landscape treatment will be afforded to the nodes or key spaces in the form of paving surface treatments and street trees. This will assist in providing a sense of place within these key spaces. The main boulevard running through the centre of the scheme will benefit from having new planting, whilst the landscape strip along the southern boundary of the site with the potential healthcare development south will also receive tree planting. In terms of children’s play areas, it is currently intended that play space or facilities (Local Landscaped Area of Play) will be provided at the northern end of the western area of public open space. This will allow pedestrians to access the play space for most parts of the site by walking through the public open space along the western edge of the site. An appropriate separation distance will need to be provided between the play area itself and any intended buildings. 6.29 In summary, the proposal seeks to clear the site and compensate the loss of vegetation with a comprehensive scheme of landscaping as a reserved matter and in this sense the proposal would accord with the aims and objectives of the draft master plan along with adopted local plan policies G3 and EV1. 6.30 IMPACT ON THE CHARACTER OF THE AREA: The application has for a number of years been an intensively used commercial use which generated significant traffic, noise and other disturbance to the immediate locality. To the west are residential properties in relatively close proximity to the site (separated only by the former railway cutting) and in this sense the development of a residential use should prove more in keeping with the character of the area. There is a commercial use proposed for the Smyth-Osbourne site to the east, but this will be separated from the Sawmills site by the Northampton Road which at this point is wide with two sets of hedgerow which should be a sufficient barrier to prevent either use impacting on the other. To the north is the potential Robson land which is very likely to come forward as a residential use in the future and the current proposal would complement it. The hospital to the south would not detract from the character of the area and the precise linkages and separations between the two sites would be subject to agreement at a later date. 6.31 The Sawmills site has been in industrial use for many years and has a functional character which includes large areas of hard-standing and large buildings. The site vegetation is sparse and confined largely to the boundaries of the site by necessity, to allow the site to operate efficiently. In both visual and character terms, the Sawmills site does not relate well to the surrounding area. The site is industrial in character, in contrast with the surrounding areas to the north and east. The proposals to change the character of the site from industrial development to 101 _______________________________________________________________________________ residential would have a beneficial effect upon both the character of the site and the surrounding area, particularly given the high standard of design which would be implemented at this new gateway to Brackley. 6.32 INDICATIVE LAYOUT AND DESIGN: The application, based on the site area and assuming a density approach of 45 dwellings per hectare, will deliver 130 dwellings. The Design and access statement states ‘It is likely that the majority of the housing provided will be in the form of family housing i.e. semi-detached or detached dwellings with their own amenity space’. The development includes 1 hectare of public (Landscaped) open space. This incorporates a play area to meet the needs of the younger children likely to be accommodated in the development. The built development and associated pattern of streets need to achieve a good residential layout whist avoiding the in-filled former railway cutting which is contaminated. Within these constraints the developer has proposed a series of perimeter blocks whose size and arrangement allow suitable separation distances for dwellings as well as allowing permeability between the new area of public open space and Northampton Road. The developers have created two nodes or key spaces within the built development itself, to provide variety and a focus for the new development. 6.33 In order to ensure that the proposed development responds appropriately to its context, the Design and Access Statement suggests an arrangement of three character areas as follows: The ‘Green Edge’ character area along the western and northern edge of the site; The ‘Suburban Core’ character area located within the scheme itself; and The ‘Northampton Road Gateway’ character area located primarily along the Northampton Road frontage. 6.34 Although appearance is a reserved matter the Design and Access Statement suggests the following approach may be appropriate ‘Architectural Style- Given the site’s position at a gateway location into Brackley, Brackley’s association with high technology, Formula 1 motor racing, and the site’s position in relation to forthcoming employment development across Northampton Road; a contemporary architectural approach may be most appropriate within the Northampton Road Gateway character area. Within the Suburban Core character areas and especially the Green Edge character areas, a more traditional approach would be more appropriate albeit we suggest with contemporary features. This would help to ensure a sense of cohesion within the development as a whole. The site’s relationship with the open countryside lying to the north suggests a more traditional architectural response for the Green Edge character area intended for these locations’. 6.35 In terms of scale it is anticipated that the majority of the residential buildings on the site would be two storeys, occasionally rising to 2.5 storeys around the key spaces or nodes. The maximum height will be 3 storeys fronting Northampton Road where the character of the scheme is intended to reflect the gateway setting. Although there are some concerns in respect of the layout, design and scale, these matters can be dealt with adequately at the reserved matters stage. 6.36 HIGHWAYS CONSIDERATIONS: There are three important issues. Firstly consideration needs to assess the impact on the strategic highways network. Secondly the impact on local route. Thirdly the issue of the link road to Robson and Radstone Fields as well as the related issues of Travel Plan, Public Transport and 102 _______________________________________________________________________________ sustainability. 6.37 Strategic Highways considerations: The Highways Agency (HA) have raised no objection to the proposal having originally raised some concerns with the scheme. Subject to increased contributions towards highways improvements and some alterations and contributions to the submitted Travel Plan the application is acceptable in terms of its impact on the strategic highways network. The travel plan will need to form part of the finalised S106. The Highways Agency also requires that the Strategic Highways Contribution (SHC) be held for a 10 year period and the developer is agreeable to this. The wording within the S106 will be redrafted accordingly and also incorporate a start date for that 10 year period. 6.38 Local road network considerations: The engineer from the County Council (LHA) raises no objection to the application as submitted subject to a number of conditions, informatives and contributions which need to be included in the legal agreement. For clarity these can be summarised below: 6.39 Highway mitigation Southern access junction (Trade Counter) – Ghost Island Right turn priority junction on Northampton Road, to include pedestrian refuges on Northampton Road. Shown indicatively on Cannon Consulting Engineers drawing B311- SK014 (Rev.B). Northern access junction (Residential) – 50m ICD, 4 arm roundabout access on Northampton Road. Shown indicatively on Cannon Consulting Engineers drawing B311-SK014 (Rev.B). Link Road from Northern Access Junction to northwest boundary of the site to be 7.3m wide, with 2 simple priority junctions for residential access. Shown indicatively on Cannon Consulting Engineers drawing B311-SK014 (Rev.B). Revised priority junction (as per extant 2007 permission) at Northampton Road/Turweston Road, required if a roundabout in this location has not already been provided by others. Footways adjacent to Northampton Road and new link road, Shown indicatively on Cannon Consulting Engineers drawing B311-SK014 (Rev.B), including a connection to the existing petrol filling station to the north of the site. A signal controlled pedestrian crossing on Northampton Road, and any footways required to tie in to existing footways, south of junction with Turweston Road, Shown indicatively on Cannon Consulting Engineers drawing B311-SK014 (Rev.B). Two Bus stops located between the two site access junctions on Northampton Road, one either side of Northampton Road, shown indicatively on Cannon Consulting Engineers drawing B311-SK014 (Rev.B), to include the provision of shelters, bus boarders, truform poles, timetable information, real time information, and appropriate road markings. 6.40 Construction Management Prior to the commencement of any part of the development hereby permitted, a Construction Management Plan shall be submitted to and approved in writing by the local planning authority. The Construction Management Plan shall include and specify the provision to be made for the following: Dust mitigation measures during the construction period; 103 _______________________________________________________________________________ Control of noise emanating from the site during the construction period; Hours of construction work for the development Contractors’ compounds and other storage arrangements; Enclosure of phase or sub-phase development sites; Provision for all site operatives, visitors and construction vehicles loading, off loading, parking and turning within the site during the construction period; Arrangements during the construction period to minimise the deposit of mud and other similar debris on the adjacent public highways; Routing agreement for construction traffic. 6.41 Public Transport Prior to occupation of the first dwelling a financial contribution of £200,000 (two hundred thousand pounds) is to be provided to the Local Highway Authority to enhance the existing Brackley Buzzer bus service to provide an hourly service to the site utilising the proposed bus stops on Northampton Road, Monday to Saturday, for a 5 year tender period (£40,000 x 5). Parking: There will be parking provision in the form of the following: Courtyard parking bays and coach houses; On street parking; On plot parking bays and garage parking. The detail of the parking arrangements will be resolved at the Reserved Matters Application stage. 6.42 Scale, Size and Capacity of the Link Road. Northants County Council (the LHA for Northampton Road) are satisfied with the access provision made in the Sawmills planning application. This is concluded in their response to the application. This also differs little in terms of design and capacity from the extant employment permission in 2007 which updated the 2006 permission. In both cases, and since, the developers have been asked to make provision for connection to potential development in North Brackley. The provision made in the 2007 application was designed on the basis of there being employment on the Sawmills site and the adjacent Robson land. The scale of the roundabout is related to the capacity assessments carried out in the absence of detailed proposals for Radstone Fields but making robust assumptions in respect of likely traffic generation and assignment to the network. This was accepted and consented in 2007. Other than updating the development assumptions for Radstone Fields and the Robson Land now as residential, little has changed. The capacity of the roundabout and dimension of the access road at 7.3m is consistent with the requirements of NCC and agreed with them. If this were to reduce in width, the applicant could accommodate this within the wider access corridor that has been allowed for. It has been suggested by the applicant’s transport consultant that the dimension of the road will vary little given that it will almost certainly become a bus route from the Northampton Road to Radstone Fields and NCC’s own design guidance would seek a carriageway of at 104 _______________________________________________________________________________ least 6.0m. If the road reduced further in width within the Radstone Fields master plan, then the transition could be redesigned within the detailed proposals in due course. 6.43 In terms of layout of the road and connection with Radstone Fields, NCC has confirmed that this is preferable to that which was previously consented in 2007. The Radstone Fields applicants have also made provision for this connection in their masterplan and are concerned that a change now will affect their recently submitted application. The road layout also makes provision for connection to the Robson’s land through a side hung priority junction. This is supportable and accepted by NCC. The road connection is only illustrative in the BMP and not definitive. 6.44 The applicant was made aware that discussions were ongoing with the Radstone developers and the two highway authorities and that the scale of the road and its final position may be subject to change. As the application does not list this as a reserved matter should the needs on the adjoining sites change the applicant will need to formally reconsider this aspect as by this application being approved the road layout and scale are being granted planning permission and therefore ay variation will necessitate a new application. The alternative would have been for the applicant to keep the road link a reserved matter, but this was not considered suitable particularly since the highway authority had requested the applied for specification since early discussions commenced in 2005. 6.45 PEDESTRIAN AND CYCLE LINKAGES: The application proposes to provide linkages from the site onto Northampton road, into the proposed hospital site, to the Brackley SUE, to the future Robson Land and to the BP filling station. The only direction it is not intended to link the site to is the existing residential development to the west. This is because there is no available space between the properties to formulate such a link and the Northants Police Crime Prevention Design Advisor has suggested such a link may be inappropriate. .The precise details of pedestrian and cycle linkages within the site are unknown at present as these are details reserved for later consideration. The applicant has however identified a number of possible methodologies for improving permeability and direct linkages in their Travel Plan which has been out to consultation and agreed and will form a key part of the S106. 6.46 The Council initially requested financial contributions towards improving cycle linkages to the new employment opportunities being developed at Silverstone. It is difficult, to consider and determine a level of contribution to a scheme without any form of scheme definition. The developer’s transport consultant has confirmed with the Highways Engineer at the County Council that NCC is not aware of such a proposal and it forms no part of their comprehensive response to the application consultation dated 7 June 2010. The engineer has confirmed that this is considered to be their final and full response and clearly includes for all the various requirements of highways, access and transport infrastructure required by the development. There is also no mention of such cycle linkage in the Brackley masterplan or the Silverstone Draft Development Brief. The developer (through their transport consultant) would respectfully suggest that Silverstone is beyond any acceptable or attractive cycle distance. Indeed, the Draft Brackley Masterplan has clearly considered this and places the burden for such sustainable linkage on public transport, to which the Sawmills is contributing as an outcome of the consultation with Northants County Council. 105 _______________________________________________________________________________ 6.47 The Highway Authorities (both HA and LHA) intention is to support improvements to a variety of bus services from this collective pool of contributions. NCC Highways has indicated some of these monies will be used on inter-urban services including those that connect Brackley with Towcester and conceivably via Silverstone. The contribution is in part justified on making the Sawmills more sustainable and for ‘loss’ of employment. The developers transport consultant would suggest that such a concept is more attuned to making Silverstone more sustainable and as such the burden of such provision should lie with Silverstone. On this basis they would not agree that there is a requirement for such a cycle link contribution from the Sawmills, or any development in Brackley. Given this robust argument the Local Planning Authority upon further reflection as there was no formal scheme being pursued by the Local Highway Authority or NCC Rights of Way this was discounted in favour of an increased contribution towards public transport linkages. To this effect a £200,000 contribution has been sought. 6.48 IMPACT ON EXISTING RIGHTS OF WAYS: There are only a limited number of public rights of way in the form of footpaths and bridleways in the vicinity of the site. Immediately to the west of the site and south of the existing residential area of Brackley, there are no public rights of way within a kilometre from the Town. The closest bridleway to the site is on land near to Ilett’s Farm approximately 600m to the north. Within the countryside to the north of the site, there is a bridleway which links Radstone Road with the A43. From most of this bridleway, the proposed development would be obscured from view due to topography and vegetation in the intervening distance, both during construction and in the operational phase. 6.48 In conclusion from a strategic highways, local road network impact, master plan compliance, rights of way impact and sustainability perspective the application accords with the aims and objectives of PPG13 relating to transportation. 6.49 FLOODING AND DRAINAGE CONSIDERATIONS: Both the Environment Agency and Anglian Water raise no objection to this proposal on water capacity, drainage or flood risk grounds. The EA reviewed a Flood Risk Assessment produced by Cannon Consulting Engineers, reference CCE/B311/FRA, and confirmed that they consider that the details in the FRA to have been undertaken in line with Annex E of Planning Policy Statement 25 'Development and Flood Risk' (PPS25), and these are considered appropriate for the scale and nature of the proposed development. Accordingly, the EA withdrew their previous objection on flood risk grounds, subject to the imposition of conditions and informatives. 6.50 ENVIRONMENTAL CONSIDERATIONS: The main areas of environmental concern relate to Air Quality, Noise and contamination. Air Quality – The application was submitted with a full assessment of air quality which concluded that the operational impacts of increased traffic emissions arising from the additional traffic on local roads would result in concentrations of nitrogen dioxide would remain below Government requirements and therefore in accordance with PPS23. The data provided in this report has been considered by the Council’s Environmental Protection Officer who raised no objection or comment. 6.51 Noise - The assessment details indicate that the proposed development site falls and can be zoned within a number of ‘Noise Exposure Category’s’ as defined for road traffic in PPG24. It goes onto conclude that any subsequent noise sensitive development should be provided with an adequate and commensurate level of protection against noise in order to achieve any necessary internal or external ambient design standards as recommended in BS8233 Sound Insulation & Noise 106 _______________________________________________________________________________ Reduction for Buildings – Code of Practice. The report advises that a range of noise mitigation packages could be applied to the development and which will depend on the degree of exposure and nature and extent of measures applied. The report also advises that noise from the construction phase of the proposed development would need to be controlled and that a range of measures could be used to do this. It goes on to recommend that a more comprehensive assessment should be undertaken to determine the necessary measures once the necessary detailed construction schedule, methodology equipment has been determined. Some consideration will need to be given to subsequent development of the adjacent employment sites in order to ensure that the respective layout of the separate developments are sympathetic to each other. Overall, Environmental Protection Officers make no adverse comment regarding noise aspect of the proposed development subject to imposition of appropriate safeguarding conditions. 6.52 Contamination- Both the Environment Agency and the Council’s Environmental Protection Officer have assessed the contamination report produced by the Nott Group and agree with its findings and recommendations. In short the report concluded that the site will need to avoid building on the former railway cutting and that due to high levels of arsenic and chromium clean topsoil to 500 mm depth will be needed across the site. Gas protection measures are needed on the railway cutting and gas protective membrane is recommended for sensitive buildings. A further groundwater assessment is needed to assess the effects of the tannelising. The report has been considered and the Environment Agency raises no objection subject to a series of related conditions and informatives. Subject to the requirements of the conditions being met the proposal is considered to accord with the aims and objectives of PPS23. 6.53 WILDLIFE, GREEN INFRASTRUCTURE AND BIODIVERSITY: The application was submitted initially with a wildlife survey which concluded that overall the proposals would result in the direct loss of habitats low in intrinsic value and consequently low ecological value. The report did identify that bats and common lizards were present on the site and that mitigation measures were to form part of the development strategy. 6.54 The report did identify that the site had potential to be developed in a manner which would create suitable habitats and in effect increase the biodiversity benefits of the site and linkages to the wider area. The wildlife trust local records also identified a rare species of Blue Butterfly being present on the railway SSSI to the north and at certain points within the site. To this effect a revised assessment and mitigation strategy linked to an assessment of the Green Infrastructure with a view to developing a clear GI Strategy for the site were requested by officers. 6.55 The revised strategy (which includes updated ecological assessments) has been out for consultation with the relevant bodies and ecological experts who have provided feedback whilst not objecting in principle. The recommendations of Natural England, The Wildlife Trust, The Northants Bat Group, NCC’s GI officer as well as SNC’s GI Officer can be included in the GI management plan which will form part of the S106 and then the reserved matters. In this sense the proposal accords with the aims and objectives of PPS9. 6.56 LANDSCAPE AND ARBORICULTURAL CONSIDERATIONS: The loss of the existing trees on the boundary is a shame and was a concern to the Council’s arboricultural officer as they provide a green approach to the northern end of Brackley and help to screen the site. However, the fall back position is that the 107 _______________________________________________________________________________ position of the roundabout has been agreed under past planning permissions and there is an opportunity to secure a strong scheme of landscaping through the site which will more than compensate for the loss of any existing vegetation on the site. 6.57 Landscaping is a reserved matter, but the indicative layout plans show adequate new planting and this principle of soft landscaping throughout the site can be secured at the outline stage so that it forms a central component of the reserved matters application. To this effect conditions to secure a suitable landscaping scheme including species and a maintenance plan are recommended. In summary, subject to conditions the proposal is considered to accord with policies EV1, EV21 and G3 of the Local Plan. 6.58 BOUNDARY TREATMENTS: At present the application fails to identify boundary treatments due to its outline status with the precise details to be reserved for later consideration. In terms of the edge of the site it will be important to provide a strong boundary to the west where there are currently fences to the existing residential properties. Some of these have unauthorised access points onto the site as members may recall from their site visit which needs addressing. To the north the boundary of the site needs careful consideration to ensure the future Robson Land can link adequately to this site, the future hospital and the wider town. To assist members in considering this issue the applicant has provided an indicative plan showing how the two sites could interact (this does not however form part of the application). To the east and the boundary of the site onto Northampton Road the boundary treatment will need to soften the visual impact and provide an attractive approach to the town. This will form a key aspect of the future reserved matters and overall landscaping scheme. However at this point in time the Local Planning Authority must secure suitable conditions for the outline and therefore it is recommended to impose a condition to agree the boundary treatments throughout the site in addition to the more general landscaping scheme. 6.59 DEVELOPER CONTRIBUTIONS: The applicant has submitted a draft S106 which at the time of writing is in the process of being edited and redrafted. The agreement will need to cover the following developer contributions: Affordable Housing at 40% Education, Libraries and Fire and Rescue Leisure including Public open space, off site leisure facilities and maintenance The provision of an access road through the site to the Robson Land and Radstone Fields SUE Strategic Highways contributions Public Transport and Travel Plan contributions/strategies Green Infrastructure implementation/management plan Town centre contribution Bucking Road Industrial Estate Management/enhancement contribution Unrestricted access at zero cost to the adjoining landowners for the road scheme to secure access to neighbouring sites 108 _______________________________________________________________________________ Recycling contribution 6.60 Subject to the above being finalised in accordance with the best practice required under the Community Infrastructure Levy Regulations and Circular 05/2005 the application accords with policy IMP1 and draft SPD ‘Developer Contributions’. As it has not been possible to finalise a full S106 agreement prior to committee it is recommended to delegate authority to approve the application to the Head of Environment and Development Services subject to the applicant completing the S106 and paying the relevant legal costs of the County Council and SNC. 6.61 LEISURE PROVISION (ON SITE AND OFF SITE): The Council’s Lead Leisure Services Officer has been involved in the consideration of this application and has formally requested the contributions outlined, justified and broken down in paragraph 4.9 of the report. As stated above these will need to form part of the S106 agreement. Discussions have been ongoing concerning the possibility of the applicant donating a section of land of 0.18 ha which is disused to the community as a possible skate park facility. However at the time of writing nothing has been formalised in this regard and it remains an option only. 6.62 HISTORIC ENVIRONMENT AND ARCHAEOLOGY: The application site does not contain any Listed Buildings or any heritage designations such as Conservation Areas nor is the site adjacent or within the setting of any heritage asset. The County Council archaeologist has assessed the application and concluded that the site is currently predominately hardstanding and as such it is reasonable to assume that it is likely to have had an impact on any archaeological deposits present. However although this may have resulted in truncation of some shallower deposits there is still the potential for significant remains to survive below the hardstanding. Due to the extent of the hardstanding within the greater area of the site the archaeologist considers that the archaeological evaluation would be best undertaken post determination and therefore a condition is recommended. This approach is considered compliant with the advice contained in PPS5 relating to archaeology. 6.63 IMPACT ON NEIGHBOURING PROPERTIES: The application site has a modern housing development to the west. There will however be no impact on the residential amenity of the existing properties on account of the separation distance achieved by the railway cutting which is to be left as Public Open Space. The Crime Prevention Design Advisor has expressed concern about anti-social behaviour from the POS and has requested that at the reserved matters stage the issues of boundary treatments and natural surveillance be considered to ensure that there is overlooking of the POS. 6.64 In terms of other impacts on existing residential properties surrounding the site given the separation distances involved and the fact that design and scale are reserved matters and therefore issues such as loss of daylight and overlooking are impossible to consider fully at this juncture. Indeed the applicant’s landscape assessment summarises the positioned well ‘The residential properties located to west of the site are in the main visually unaffected by the proposals as views towards the proposed development would be interrupted by adjacent residential properties in the neighbourhood. Only those which directly back onto the disused railway line and the site will have the opportunity to observe the construction phase and the completed proposed development. However, these currently have first floor level filtered and glimpsed views of the existing industrial sawmill premises and associated compounds and timber yards which detract from the visual amenity of the area. With the removal of this built form during the construction phase, and the 109 _______________________________________________________________________________ creation of a residential development as envisaged, the visual amenity for these properties would be improved’. These would be some of the major design considerations that would come out of the discussions over the reserved matters. In summary the proposed scheme will not harm the amenity of any neighbouring land use and will be a significant improvement over a commercial use of the type previously utilising the application site. In this sense the proposal accords with Policy G3 of the Local Plan. 6.65 OTHER MATTERS - HS2 AND BRACKLEY HOSPITAL: On 11th March 2010 the Government published the HS2 report. This report summarises the findings of the work carried out last year to consider a high speed railway line from London to the West Midlands and identifies the options that were considered. The report also examines the case for extending the line further north. The 'preferred route option' if adopted, would pass through South Northamptonshire. The ‘preferred route option’ if adopted would run very close to Brackley and could have a major impact on the future development of the town. The draft Brackley Masterplan illustrates these potential impacts in detail. The consultation on the proposed route and on the Government’s overall strategy for high speed rail was to have begun in October and to run through to April 2011. 6.66 The application at its northern end is impacted by the aforementioned route and it does form a material consideration. However at the time of writing it is simply a consultation and does not carry status as a safeguarded route. In this sense at the end of the consultation period the route may change. It is not therefore considered that there is sufficient justification to warrant refusal on this basis. 6.67 In terms of the possible hospital development all calculations and designs have been derived on the assumption that the site will deliver a hospital and care home facility at the southern end. The site is identified in the draft master plan but again until such time as a planning application is approved there is no absolute guarantee that this will be the ultimate land use for the adjoining parcel of land. 7. CONCLUSION 7.1 It has been demonstrated robustly that there is sound justification for the Local Planning Authority permitting a change to its adopted policy of safeguarding employment sites and allowing a change of use to residential development. 7.2 In summary the applicant has shown that there is an over supply of employment land in and surrounding Brackley to render the 5.62 ha on this site as unnecessary. The extent of contamination and the need to secure a holistic approach to the northern gateway site are also contributory factors. 7.3 The development of this site in the manner applied for will secure the future hospital and care home site becomes accessible, will secure access to Radstone Fields and the Robson Land to the north. 7.4 Developer contributions will enhance travel links, leisure provision; as well contribute towards compensating existing services. Biodiversity and the visual approach to Brackley will be significantly enhanced as result of the development. 7.5 Subject to the applicant completing the outstanding issues contained in the S106 legal agreement and the conditions outlined at the beginning of the report the application is recommend for approval to be delegated to the Head of Environment and Development Services. 110 _______________________________________________________________________________ 8. REASON FOR APPROVAL 8.1 In this instance the Local Planning Authority considers that there are substantive and technically sound reasons to depart from the adopted policy of the development plan as outlined at length in this report. 8.2 The application is therefore recommended for approval to be delegated to Head of Environment and Development Services subject to the applicant completing the outstanding issues contained in the S106 legal agreement and the conditions outlined at the beginning of the report 111 112 Item No 005 Application Number : S/2010/0401/MAF Parish : Paulerspury Case Officer : Paul Seckington Applicant : Whitlock Together with David Wilson Homes Location : Land Off Grays Lane Paulerspury Description : Residential development of 14 dwellings, associated parking, roads and sewers, public open space and storm water balancing facility Recommendation - Refusal Reasons :1. The proposed development would not accord with the relevant Development Plan in particular G2, H6 and EV2 of the adopted South Northamptonshire Local Plan which seek to concentrate future developments primarily in the rural service centres of Brackley and Towcester, whilst strictly controlling development in the remainder of the rural areas in order to provide sustainable growth and to protect the intrinsic character of the countryside and rural area. It is not considered that there are material planning considerations that would outweigh this conflict as the Council has a 5 year land supply of housing in accordance with PPS3 ‘Housing’. 2. The proposed development would not accord with ‘saved’ policies EV1 and G3 of the adopted South Northamptonshire Local Plan, the Council’s adopted Interim Rural Housing Policy (IRHP), Supplementary Guidance on Residential Design in the Countryside and the adopted Paulerspury and Pury End Design Statement, as well as Government Guidance contained in PPS1, PPS3 and PPS7. In this instance the development due to the low density does not make efficient use of the land, does not provide an appropriate mix of dwelling types and represents a significant extension of the village into open countryside, which together with the proposed design and layout of the development and the arbitrary boundary of the development site across the field, is out of keeping with, and would be harmful to, the surrounding pattern of development, the rural character of the area and this sensitive edge of village location. 3. The application is contrary to ‘saved’ policy G3 of the South Northamptonshire Local Plan and the advice contained in PPS5, because it fails to provide sufficient information to demonstrate that the development would not cause undue harm to any archaeological assets that may be present on the site. 4. In the absence of a satisfactory signed unilateral undertaking or any other form of Section 106 legal agreement the Local Planning Authority is not satisfied that the proposed development provides for appropriate libraries, fire and rescue, healthcare and education facilities required as a result of the development, to the 113 _______________________________________________________________________________ detriment of both existing and proposed residents and contrary to Policy IMP1 of the adopted South Northamptonshire Local Plan and the Council’s adopted Supplementary Planning Guidance relating Policy Statement on Developer Contributions (2001). S/2010/0401/MAF WARD : WARD MEMBER : Tove Cllr Mrs Sandra Barnes This application was subject to a Pre-Committee Members Site Visit which took place on Tuesday 27th July 2010. 1. INTRODUCTION 1.1 The application site lies on the eastern edge of Paulerspury village and comprises two-thirds of a field used for grazing. A line of pylons run along the last third of the field. The site has a total area of 0.86 hectares. The site lies outside the built up area of the village as defined in the Local Plan. On the opposite side of the road is a row of Local Authority built housing. To the south west is a detached dwelling, and a field. To the east is a Telephone Exchange and Petrol Filling Station. To the south are fields. A public footpath cuts across the site from Grays Lane to the petrol station. 2. PLANNING HISTORY 2.1 Planning permission for two detached dwellings alongside Saratoga was dismissed at appeal in 1987 on the grounds that it was outside the built up area and the loss of the agricultural field, the eroding of a gap between the last house and the A5 and the harm caused to the entrance of the village (S/1987/0543/PO refers). 3. PROPOSAL 3.1 The application seeks full permission for 14 two storey dwellings, comprising 12 detached and a pair of semi-detached houses. Access is proposed from Grays Lane at the western side of the site frontage, alongside Saratoga. A landscape buffer is proposed along the rear (south east) boundary of the site. A balancing lagoon is proposed in the north-eastern corner of the site, adjacent to the petrol station. The public footpath is proposed to be re-routed along the internal access roads. 4. CONSULTATIONS 4.1 PAULERSPURY PARISH COUNCIL: Object for the following reasons: The site lies outside the village confines. The Paulerspury and Pury End Village Design Statement (VDS) adopted by SNC clearly states at Principle 1 that ‘Any development that seeks to increase the size of the village by breaking through the existing village confines….will not be acceptable’. The Parish Council continue to support this Principle. The proposal does not conform with the VDS as it is not sympathetic to the 114 _______________________________________________________________________________ appearance and character of buildings in the immediate locality On street parking is a problem in this area affecting traffic on road in both directions. The bus stop is an additional hazard at the present time and the situation will not be helped by repositioning the bus stop nearer to the A5. As less the 60% of garages are ever used, the proposed scheme has insufficient parking provision. If cars from this development park on Grays Lane it will make it impassable and could affect traffic on the A5. Concern over balancing pond so close to residential development. such ponds are often neglected and become a hazard to children and health. No details as to how pond will be drained, it will not be practical to discharge to ditch on south side of Grays Lane as it is inadequate and contours of the land make this impossible. The water table in this part of the village has risen in recent months The public footpath provides a short cut and is also an amenity, both aspects will be lost by the development. Concerns over impact on wild-life and Great Crested Newts Concerns over health hazards to some of the dwellings due to the proximity of the electricity pylons that run to the rear of the site. 4.2 SNC POLICY: (Original response): The proposed development is considered not to be in accordance with the Council’s adopted IRHP Policy and the advice contained in PPS3. Officers do not consider that this development accords with the IRHP as the new site boundary is not adequately justified and that the density does not represent the most effective use of a Greenfield site and the land proposed for development is unnecessarily large and therefore unnecessarily intrusive in the open countryside. 4.3 SNC HOUSING: A village housing need survey in March 2008, combined with housing register data identified a housing need of 12 affordable homes (mix of sizes) in Paulerspury: A further check of the housing register has revealed that there are currently 10 households expressing a preference to live in Paulerspury. This demonstrates that there is housing need in the village to be met. The current proposal for 14 homes means that in line with the Affordable Housing SPG (2003), an element of affordable housing for this site does not currently apply. However, the proposal falls one home short of the threshold of 15 homes which would allow us to request 40% affordable housing on this site. We note that an artificial boundary has been created for this site to maintain the required distance between homes and overhead power lines. However, given the affordable housing needs of Paulerspury identified above, we would like to see further consideration given as to whether the total number of dwellings on this site can be increased. We also understand that the Interim Rural Housing Policy, under which this application is submitted, sets the requirement for development in Paulerspury at 15 dwellings. 4.4 NCC COUNTY HIGHWAYS: No objections subject to conditions relating to visibility splays, access widths, parking provision and turning. 4.5 NCC POLICY: No response received 115 _______________________________________________________________________________ 4.6 CRIME PREVENTION DESIGN ADVISOR: The proposal is for a modified cul de sac design, with reasonable mutual surveillance over the properties, and on-plot and garage car parking provision. Plots 1-8 are arranged in a small ‘perimeter block’ with gardens backing onto each other, which is considered to be the best arrangement for intruder prevention. However, there are two relatively minor concerns as follows: The ‘amenity area’ (or bit of spare land) in the north-eastern corner has the potential to be an anti-social behaviour point. This could be a piece of land that no-one owns or takes responsibility for. I would suggest that Plots 9-12 are extended slightly and the land taken up by gardens. If it is retained, any landscaping should be kept to a minimum in order to maintain good views into the area. Likewise, the informal public open space intended as a buffer for ‘Saratoga’ could prove to be more of a nuisance than a buffer. It would be advisable to break up the area with a number of low-growing shrubs to prevent its use as a football arena. Recommend the attachment of conditions/informatives relating to security measures in the interests of crime prevention 4.7 ENVIRONMENTAL HEALTH: No response received to date 4.8 ANGLIAN WATER: There is sufficient water resource to supply the development and the water supply network has adequate capacity. The foul flows from the development can be accommodated within the foul sewerage network which has adequate capacity and the Towcester Sewage treatment works has capacity to treat the foul drainage. The surface water drainage is not to a public sewer and the Local Planning Authority will therefore need to seek the views of the Environment Agency. 4.9 ENVIRONMENT AGENCY: No objection subject to conditions. 4.10 NATURAL ENGLAND: No objection subject to conditions/informatives 4.11 PRIMARY CARE TRUST: Not received 4.12 ARCHAEOLOGY: The application has been submitted with an archaeological desk based assessment (DBA) which provides a summary of the currently known archaeological information held within the Historic Environment Record (HER). The DBA concludes that the area has potential for archaeological activity ranging from the Iron Age through to the Roman period. There is also special emphasis put on the potential for activity related to the medieval/post medieval periods. The DBA recognises both in the summary and the conclusions, paragraph 6.6, that this potential can only be assessed through further archaeological investigation. However in spite of this lack of information paragraph 6.5 assesses that the site contains no remains of ‘sufficient importance to prevent development or to require preservation in situ.’ The DBA paragraph 6.6 suggests that this outstanding information can be provided by further archaeological survey work as part of a mitigation process. It is however premature to make the statements regarding the lack of potential for significant remains to be present within the area without undertaking any archaeological fieldwork. It is clear within the Guidance provided within paragraph HE 6.1 of PPS5 that ‘Where an application site includes, or is considered to have the potential to include, 116 _______________________________________________________________________________ heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment and, where desk-based research is insufficient to properly assess the interest, a field evaluation.’ The evaluation encompassing geophysical survey and trial trenching would allow the significance of any surviving remains to be assessed. The evaluation needs to be undertaken in advance of the determination of the application. The results of the evaluation would provide sufficient information to allow an informed assessment of the impact of the development on the heritage resource. The information from the evaluation would have the potential to identify if any areas of significance were present within the development area that would form a constraint on development. Current policy and guidelines indicate that this information should be provided as part of the proposed application in order to allow the LPA to make a balanced and informed decision as to the archaeological potential of the area. This will enable us to ascertain the existence and the state of preservation of any buried remains, in order to assess the importance of the site and the impact of the development as per PPS5: Planning for the Historic Environment. I therefore recommend that further information in the form of an archaeological field evaluation is provided by the applicant before the determination of this application. 4.13 RAMBLERS ASSOCIATION: No objections subject to the early installation of the proposed bridge and waymarking and maintaining a right of way during the works. 4.14 THIRD PARTIES: A petition signed by 49 people and 23 copies of the same letter sent in by different residents have been received quoting the following objections: increased traffic congestion and danger near A5 junction primary school entry for village children doctor’s surgery capacity aesthetics of the village safety of moving the bus stop nearer the A5 flooding potential due to water table level high number of village development applications, where will this stop? 4.15 Twenty individual letters of objection have also been received raising the following objections: Highway safety Flooding Capacity of the village school 117 _______________________________________________________________________________ Capacity at the Doctor’s Surgery Development outside village boundaries Impact on character and appearance of village Site is away from the village amenities Maintenance of the balancing pond The nature of the footpath would be ruined by its re-routing Loss of wildlife habitat New houses would be too close to electricity pylons and the noise from the A5 5. POLICY 5.1 The relevant Development Plan consists of the ‘saved’ policies of the South Northamptonshire Local Plan (SNLP). Note - the RSS8 document was deleted by Central Government in June 2010 and therefore forms no part of the development plan for the consideration of this application. 5.2 The relevant Policies of the Local Plan comprise; Policies G2, G3, H5, H6, H7, EV1, EV2, EV21 EV24, EV29 and IMP1. 5.3 Supplementary Planning Guidance is also of relevance to this proposal and constitutes a material planning consideration, particularly; Developer Contributions, Affordable Housing, Residential Design in the Countryside and the adopted Paulerspury and Pury End Design Statement. 5.4 Government Guidance is also a material planning consideration. Of particular relevance is guidance in PPS1, PPS3, PPS5, PPS9, PPS25 and PPG13. PPS3 relates to the amended version June 2010 particularly in relation to density requirements 5.5 In addition, the Council has the adopted the Interim Rural Housing Policy (IRHP) adopted 29th July 2010. 6. APPRAISAL 6.1 The main issues in consideration of this application are the principle of development on this site design and layout and impact on character of area impact on neighbouring properties the residential amenity of future occupiers of the proposed development highways considerations 118 _______________________________________________________________________________ effect on biodiversity and ecology drainage and flooding considerations archaeology developer contributions 6.2 THE PRINCIPLE OF DEVELOPMENT ON THIS SITE: Applications for planning permission should be determined with regard to the Development Plan which, in light of the recent revocation of Regional Strategies, comprises only; Adopted Development Plan Documents, Saved Policies and any old style plans that have not lapsed. For this Council therefore the development plan comprises the saved policies of the South Northamptonshire Local Plan. 6.3 In this case the proposal is clearly contrary to the adopted Local Plan in that it comprises development outside the adopted village confines as defined in that Plan and development therefore within the open countryside. The development is therefore in conflict with Policies G2, EV2, H5 and H6. 6.4 Local Planning Authorities are however also advised to have regard to other material considerations, including national policy. Of particular relevance is PPS3 which still requires Councils to provide a five year housing land supply. 6.5 The report of the Director of Service Delivery at Item 6 on this Agenda sets out the Council’s latest 5 year housing land supply position and the consequent implications for planning applications. 6.6 In accordance with the above report it is considered that this development does not comply with the relevant development plan and that there are no material planning considerations that would outweigh this conflict because the Council has a 5 year land supply of housing. 6.7 Accordingly it is considered that the proposed development is unacceptable in principle and that permission should be refused. However, in accordance with the above report it is recommended that the issuing of the decision notice be delayed until the outcome of the recent appeal is known. In the event that the appeal decision confirms that the Council does have a 5 year land supply, then the application decision notice will be issued. 6.8 However, in the event that the appeal decision confirms that the Council does not have a 5 year land supply that officers are given the delegated authority to issue the refusal but to remove this reason for refusal from the decision notice (reason 1). 6.9 DESIGN AND LAYOUT: The IRHP sets out an indicative target of 15 dwellings for Paulerspury. This application is for 14 dwellings which is a single dwelling under the threshold where affordable housing would be required. The layout includes the formation of an artificial staggered boundary across the site and is at a density of just 16.3 dwellings per hectare. It is important to note that the Government has recently amended PPS3 to remove the previous requirement that new housing be built at a minimum density of 30 units per hectare. However, the PPS still requires developments to make efficient use of land whilst having regard to the character and appearance of the area. Densities therefore need to be considered on a site by 119 _______________________________________________________________________________ site basis in the context of the setting of the site and neighbouring development. The proposed layout comprises 3 and 4 bed houses, with 12 out of the 14 detached and only two semi-detached. 6.10 There is a range of house types and mix in this part of Paulerspury at varying density ranging from terraces and semi detached housing opposite the site on Greys Lane to larger detached dwellings further into the village. Para. 10 of PPS 3 considers that the Planning system should deliver ‘A mix of housing, both market and affordable, particularly in terms of tenure and price, to support a wide variety of households in all areas, both urban and rural’. Para. 16 of the PPS states that a new development ‘Is well integrated with, and complements, the neighbouring buildings and the local area more generally in terms of scale, density, layout and access’. This proposal does not achieve this and the layout, density and house types proposed result in a development that falls under the threshold for affordable housing without justification. As such the proposal fails to make efficient use of the land and does not provide an appropriate mix of dwelling types. In addition, whilst the rear boundary of the site has been formed to provide a buffer to the electricity pylons that cut across the rear of the field, the boundary created is still arbitrary and deviates across the field around garages, dwellings and the proposed balancing pond, rather than providing a strong, clear and direct boundary to the development. 6.11 Also of concern is that the proposal would result in a significant extension of the village into open countryside, well beyond the village confines. There is piecemeal development at present on the south side of Grays Lane at this eastern end of the village. Paulerspury is generally a linear village with development largely comprising of properties either side of the main road through the village. This is punctuated with development along the lanes that extend from the main road. It is considered that a low density housing estate extending beyond and behind the development on the south side of Grays Lane will be out of keeping with and be harmful to the rural character of the village, particularly at this eastern end. 6.12 PPS1 promotes high quality design which takes account of local character. PPS1 at para. 38 states that design policies ‘should concentrate on guiding the overall scale, density, massing, height…of new development’ and promotes ‘local distinctiveness…where this is supported by clear plan policies or supplementary planning documents on design’. The Councils SPG on Residential Design in the Countryside and the adopted Paulerspury and Pury End Design statement set out such policies and guidance. In this case, due to the large adopted estate road proposed, the development consisting primarily of detached houses, all with detached garages, the low density and the proposed house types (including the proposed materials), the layout of the development itself is reminiscent of a modern housing estate in an urban location and is therefore inappropriate in a rural location on the edge of a village. Some of the house types have appropriate form and scale, such as narrow plan depths, pitched roofs, chimneys etc, however, as a whole the development is not reflective of the South Northants vernacular – central gable front projections, bay windows, quoins, deep plan depths, lean to roofs across frontages. There is also a poor flow to the street scenes as the dwellings are not linked to one another or by walls to provide means of enclosure. Whilst the site is not in the historic core of the village, the development should still reflect the local distinctiveness of the area, rather than more standard house types that could be found anywhere. 120 _______________________________________________________________________________ 6.13 IMPACT ON NEIGHBOURING AMENITY: It is not considered that neighbouring properties will be adversely affected by overlooking or loss of light due to the distances away of the proposed dwellings, including Saratoga (which has windows in its side elevation that face the application site) and the properties on the opposite of Grays Lane. The proposed access road is also positioned away from the side of Saratoga to minimise disruption. An informal open space is proposed to the side of Saratoga and the Police have raised this as a potential point for anti-social behaviour. However, whilst this concern is noted, it is not proposed as a formal play area, rather an area of landscaping, as such it is not considered that it would justify a reason to refuse the application. 6.14 IMPACT ON FUTURE OCCUPIERS: Occupiers of this development would not be directly affected by existing dwellings surrounding the site, however, the site does lie in close proximity to the A5 and therefore may be affected by noise. In addition, the dwellings at the eastern end of the development may be adversely affected by the electricity pylons that cut across the rear part of the field. Environmental Health have been consulted on this and their comments will be provided as an update. 6.15 HIGHWAYS CONSIDERATIONS: The proposed access to the development is at the southern end of the Grays Land Frontage. The application has been submitted with a Highways Report which the Local Highway Authority (NCC County Highways) have considered when making their representations on the application. They have recommended a series of conditions and informatives that should be imposed should permission be granted. Whilst the concerns of residents and the Parish are noted, the layout of the development provides at least 2 parking spaces per property, some with 3 and some with the capability to park 4 spaces within their property. In addition, there is also the possibility that any additional cars could be parked along the proposed adopted estate road. As such it is unlikely that the development would lead to increased parking on Grays Lane. In light of this and the comments of NCC Highways, it is not considered that the proposed development would be unacceptable in highway terms. 6.16 EFFECT ON BIODIVERSITY AND ECOLOGY: The application has been accompanied by a full ecological assessment. The report concludes that the site is of little botanical interest containing a limited diversity of habitats and no protected species were found, but recommends the retention of hedgerows and an enhancement of biodiversity on the site through good landscaping design. Natural England has reviewed the submitted report and raises no objections. The proposal is therefore considered acceptable in this regard. 6.17 DRAINAGE AND FLOODING CONSIDERATIONS: Both water capacity and drainage capacities have been considered by Anglian Water and the Environment Agency. Both organisations raise no objection subject to the Local Planning Authority imposing a series of conditions and informatives should consent be granted. In this sense the proposal is satisfactory in principle in terms of drainage and water supply. 6.18 ARCHAEOLOGY: PPS5 states that ‘Where an application site includes, or is considered to have the potential to include, heritage assets with archaeological interest, local planning authorities should require developers to submit an appropriate desk-based assessment and, where desk-based research is insufficient to properly assess the interest, a field evaluation.’ In this case NCC Archaeology 121 _______________________________________________________________________________ consider that the submitted desk based assessment is insufficient and have requested a field evaluation as highlighted in their comments detailed at para 4.12 above. In light of this and given that the site has the potential for archaeological activity ranging from the Iron Age through to the Roman period, as well the medieval/post medieval periods, and further investigation is needed as to the nature, extent and significance of these remains, then without such investigation being carried out this forms a reason to refuse the application. 6.19 DEVELOPER CONTRIBUTIONS: The scheme as submitted should provide contributions to Education, Libraries, Fire & Rescue and Healthcare. A draft S106 has been submitted, but given the above objections to the scheme this has not been progressed. 7. CONCLUSION 7.1 In conclusion it is considered that the principle of development is considered unacceptable, the layout and design of the development is out of keeping with the rural character of the area and the sensitive edge of village location, and is unacceptable in archaeological terms. 7.2 As such, it is recommended that permission be refused for the reason(s) above but to delay issuing the decision notice until the outcome of the recent appeal is known (see item 6 on the agenda). In the event that the appeal decision confirms that the Council does have a 5 year land supply, then the application decision notice can be issued as it stands. 7.3 In the event that the appeal decision confirms that the Council does not have a 5 year land supply that officers are given the delegated authority to issue the refusal but to remove reason for refusal No. 1 from the decision notice. 122 Item No 006 Application Number : S/2010/0575/OUT Parish : Paulerspury Case Officer : Amanda Haisman Applicant : Orchard Developments (Paulerspury) Location : Land North of High Street Paulerspury Description : Residential development of 5 houses, public open space, new vehicular access and associated works (outline) Recommendation - Refusal Reasons :1. The proposed development would not accord with the relevant Development Plan in particular ‘saved’ policies G2, H6 and EV2 of the adopted South Northamptonshire Local Plan which seek to concentrate future developments primarily in the rural service centres of Brackley and Towcester, whilst strictly controlling development in the remainder of the rural areas in order to provide sustainable growth and to protect the intrinsic character of the countryside and rural area. It is not considered that there are material planning considerations that would outweigh this conflict as the Council has a 5 year land supply of housing in accordance with PPS3 ‘Housing’. S/2010/0575/OUT WARD : WARD MEMBER : Tove Cllr Mrs Sandra Barnes This application was subject to a Pre-Committee site visit on 27th July. 1. INTRODUCTION 1.1 This site comprises around 0.31 hectares of land historically used as a paddock and for horticulture outside the village confines. 1.2 The land is currently accessed via a gate between The Vine hotel and number 104 High Street. The village primary school lies nearby to the other side of Tews End Lane, and the Barley Mow Public House is located on the opposite side of the High Street. The Barley Mow and number 49 High Street are both listed buildings. 2. PLANNING HISTORY 2.1 Permission was granted for the erection of a polytunnel on the site in 1988 reference S/1988/0366/P. 3. PROPOSAL 123 _______________________________________________________________________________ 3.1 This is an outline application for five dwellings, comprising 3 x three bedroom houses and 2 x four bedroom houses, with the only matters for approval at this stage being access. Access is shown direct from the High Street adjacent to number 104 which necessitates the removal of the existing front stone boundary wall to the side garden of this property. The existing mature boundary hedge and trees delineate the boundary of the application site and the indicative layout shows five detached dwellings with garages in a cul de sac arrangement. The density equates to 16 dwellings per hectare. 3.2 Surface water drainage is provided by means of a sustainable urban drainage system with balancing lake. This part of the site provides public open space, accessed from the new cul de sac and is also intended to provide an enhanced area for potential great crested newt habitat. As well as the removal of the existing stone boundary wall to the front, the development would also require the removal of two storage sheds and a short section of 2m high stone wall attached to the adjacent property at 102a High Street. 4. CONSULTATIONS 4.1 PAULERSPURY PARISH COUNCIL – Object on the following grounds: The land is outside the village confines It will add to the already difficult situation with regard to parking, it being in the heart of the parking area for the Primary School. Safety concerns regarding access and egress Request a site visit during the early morning when the school is receiving pupils. 4.2 SNC POLICY – (Initial response made in June) The Council’s Interim Rural Housing Policy seeks to establish objective criteria in determining those villages that are ‘most sustainable’ and therefore where a more positive and flexible approach could be taken towards development. Paulerspury is considered to be a ‘Reasonably Sustainable’ village capable of accommodating an indicative total of 15 dwellings. 4.3 The IRHP sets out an indicative target of 15 dwellings for Paulerspury. It is noted that this application is for 5 dwellings at a density of 16 dwellings per hectare. It is important to note that the Government has recently amended PPS 3 to remove the previous requirement that new housing was supposed to be built at a minimum density of 30 units per hectare. Densities will now need to be considered on a site by site basis in the context of the setting of the site and neighbouring development. The proposed layout comprises 3 and 4 bed detached houses. Development in this part of Paulerspury is predominantly larger detached dwellings and it is considered that the proposed development is of a type and density that reflects this and is consistent with paragraph 16 of PPS 3 that states that a new development ‘Is well integrated with, and complements, the neighbouring buildings and the local area more generally in terms of scale, density, layout and access’. 4.4 The proposal to reinforce the existing northern boundary with additional native species hedgerow and tree planting is also supported as the proposal to set aside land to the west as a great crested newt mitigation and enhancement area. As proposed it is considered that this new boundary forms a ‘strong alternative 124 _______________________________________________________________________________ boundary’ as set out in the IRHP. 4.5 Whilst PPS 3 remains there is a significant change to Policy emerging from the new Government. A key area of confusion is the effect of the letter and abolition of Regional Spatial Strategies will have on the 5 year housing land supply. Planning Policy Statement 3 (Housing) will still remain in place and it is this that requires local planning authorities to have a 5 year supply of housing land. It is understood that the Minster intends to make a further announcement soon, to provide details on the implications of this decision. In the meantime, his letter outlines that he expects Local Planning Authorities to have regard to these changes in any decisions that they are taking. The letter means that there is considerable uncertainty about the basis on which councils should decide planning applications, until the further guidance is announced. It is therefore sensible to delay decisions on some types of planning applications, such as large scale developments in villages. 4.6 ARBORICULTURAL OFFICER – The proposed indicative layout makes adequate provision for the trees surrounding the site. Tree protection and arboricultural method statement to be submitted and agreed will reduce any potentially damaging activities to an acceptable minimum. 4.7 DRAINAGE ENGINEER – No response at the time of writing this report. 4.8 NCC HIGHWAYS – No objections in principle, subject to provision of visibility splays and hard bound surface material for the first 5m from the highway boundary. Advise a Section 184 licence will be required with the highway authority. 4.9 NCC ARCHAEOLOGY – Request a standard archaeological condition regarding the implementation of a programme of archaeological works prior to development. 4.10 NATURAL ENGLAND – Initially requested further information. Subsequently confirmed no objections to the proposal. 4.11 CRIME PREVENTION DESIGN ADVISOR – No objections in principle. Although the layout is indicative at present the cul de sac has good mutual surveillance over the properties and residents can exercise control over the indicated open space. Provides advice on fences, gates, ‘Secured by Design’ awards, alarms siting of bin storage, fire service access etc. 4.12 THIRD PARTIES – Two letters received from neighbouring properties as follows: One letter from number 2 Tews End Lane states no objections in principle provided the boundary hedge is retained at its present height to prevent any loss of privacy. One letter received on behalf of the Vine House Hotel raised concerns regarding the proximity of the new access to their property as shown on the original plans. However, following some amendments to the access made by the applicant in response to their concerns, confirmation that this objection is now withdrawn has been received. 5. POLICY 125 _______________________________________________________________________________ 5.1 The relevant ‘saved’ policies of the Local Plan comprise Policies G2, G3, H5, H6, EV1 and EV2, relating to the location of new development, development in the open countryside, housing in villages and the open countryside, design and context, access and amenity. 5.2 The Council has also adopted an Interim Rural Housing Policy (IRHP) which seeks to guide development to the more sustainable locations in the district where a five year land supply as required in Planning Policy Statement 3 is not available in the district. 5.3 Government Guidance is also a material planning consideration. Of particular relevance are Planning Policy Statements 1 (Delivering Sustainable Development), 3 (Housing), 7 (Sustainable Development in Rural Areas), 9 (Biodiversity and Geological Conservation) and Planning Policy Guidance 13 (Transport). 6. APPRAISAL 6.1 The main issues for consideration in this instance are: Principle of development Design and context Highways issues Residential amenity Biodiversity 6.2 PRINCIPLE OF DEVELOPMENT. Applications for planning permission should be determined with regard to the Development Plan which, in light of the recent revocation of Regional Strategies, comprises only; Adopted Development Plan Documents, Saved Policies and any old style plans that have not lapsed. For this Council therefore the development plan comprises the saved policies of the South Northamptonshire Local Plan. In this case the proposal is clearly contrary to the adopted Local Plan in that it comprises development outside the adopted village confines as defined in that Plan and development therefore within the open countryside. The development is therefore in conflict with Policies G2, EV2, H5 and H6. 6.3 Local Planning Authorities are however also advised to have regard to other material considerations, including national policy. Of particular relevance is PPS3 which still requires Councils to provide a five year housing land supply. The report of the Director of Service Delivery item 6 on this agenda sets out the Council’s latest 5 year housing land supply position and the consequent implications for Planning Applications. 6.4 In accordance with the above report, it is considered that this development does not comply with the relevant development plan and that there are no material planning considerations that would outweigh this conflict because the Council has a 5 year land supply of housing as explained in Appendix A. 6.5 Accordingly it is considered that the proposed development is unacceptable in 126 _______________________________________________________________________________ principle and that permission should be refused. However, in accordance with the above report it is recommended that the issuing of the decision notice be delayed until the outcome of the recent appeal is known. In the event that the appeal decision confirms that the Council does have a 5 year land supply, then the application decision notice will be issued. 6.6 However, in the event that the appeal decision confirms that the Council does not have a 5 year land supply and Members are satisfied that they would have granted permission if this had been clear at the time, that officers are given the delegated authority to change the decision and grant permission (with appropriate conditions) on their behalf. 6.7 In the event of there still being a need to provide additional housing to secure a five year land supply following the outcome of the appeal at Middleton Cheney, this site is considered suitable. The IRHP identifies Paulerspury as a reasonably sustainable village, capable of accommodating 15 dwellings. The proposal satisfies the criteria identified in the IRHP and the considerations in paragraph 69 of PPS 3 as it is considered to be in line with the spatial vision for the area and respects established long term boundaries. 6.8 DESIGN AND CONTEXT. Notwithstanding the potential objections to the development of the site ‘in principle’ the proposal is considered acceptable in terms of its relationship to the existing built form of the village and its visual impact on the area. The application is for outline permission for five detached dwellings and as such the layout is currently indicative and no details of the appearance of the buildings are available. However, as development in this part of Paulerspury is predominantly larger detached dwellings and it is considered that the proposed development is of a type and density that reflects this, it is consistent with paragraph 16 of PPS 3 that requires that a new development ‘Is well integrated with, and complements, the neighbouring buildings and the local area more generally in terms of scale, density, layout and access’. 6.9 The proposal to reinforce the existing northern boundary with additional native species hedgerow and tree planting is also supported as is the proposal to set aside land to the west as a great crested newt mitigation and enhancement area. It is considered that this new boundary forms a ‘strong alternative boundary’ as required and set out in the IRHP. Furthermore, the provision of the balancing lake and open space would provide a spacious and semi rural feel to this edge of village site which would be in keeping with the character of the village. 6.10 The existing stone walls to the front boundary of number 104 High Street and attached to the neighbouring building at the Vine Hotel currently contribute positively to the appearance of the area and their removal to facilitate access to the site would undoubtedly alter the appearance of the street scene. However, this could be mitigated by the reinstatement of a stone wall along the new boundary of number 104 to the back of the visibility splay. The site is not within a conservation area and it is considered that, subject to appropriate provision of a replacement stone wall and suitable soft landscaping there would not be a significant adverse visual impact on the street scene sufficient to justify refusal of this application. 6.11 HIGHWAYS ISSUES. The application demonstrates that access to the development can provide adequate visibility, width and gradient and there are no objections to 127 _______________________________________________________________________________ the proposal from County Highways. Although the site is close to the village primary school which inevitably becomes busy at certain times of day, bearing in mind the low levels of vehicle movements associated with a development of this size and the ample opportunity for both on and off street parking within the site it is considered that there would be insufficient grounds for refusing the proposal based on highway safety. 6.12 RESIDENTIAL AMENITY. Given the size of the site and proposed density there is sufficient scope to ensure that five dwellings could be accommodated with sufficient levels of amenity space and distances between each other and the existing dwellings on the High Street and Tews End Lane. The application therefore raises no issues of loss of light or privacy etc. to warrant refusal of the application. 6.13 BIODIVERSITY. An ecological report has been provided as part of the application and although the site does not appear to contain any protected species, the proximity of a pond in a neighbouring garden which provides great crested newt habitat means there is potential to provide a biodiversity enhancement as part of this development. The measures proposed accord with the requirements of PPS 9 and Natural England have confirmed no objections to the application. 7. CONCLUSION 7.1 That permission be refused as the proposal does not accord with the relevant Development Plan policies and there are no material planning considerations that would outweigh this conflict as the Council has a 5 year land supply for housing in accordance with PPS 3, but to delay issuing the decision notice until the outcome of the recent appeal is known (see item 6 on this agenda). In the event that the appeal decision confirms that the Council does have a 5 year land supply, then the application decision notice can be issued as it stands. 7.2 In the event that the appeal decision confirms that the Council does not have a 5 year land supply that officers are given the delegated authority grant permission (with appropriate conditions) on their behalf. 128 _______________________________________________________________________________ Item No 007 Application Number : S/2010/0600/FUL Parish : Greens Norton Case Officer : Amanda Haisman Applicant : Mr H Patel Location : 17 High Street Greens Norton Description : Installation of security shutters Recommendation - Refusal Reasons :The application would be contrary to Policies G3 and EV1 of the South Northamptonshire Local Plan which seek to protect the character and appearance of the Local Environment. In this instance the proposed perforated shutters, by reason of their low level of transparency would have a detrimental visual impact on the historic core of the village. Additional Note : The Development Plan policies relevant to this decision are : INF33 :PPS1, PPS4. South Northamptonshire Local Plan G3 & EV! Supplementary Planning Guide Shop fronts, Planning out Crime in Northamptonshire S/2010/0600/FUL WARD : WARD MEMBER : Kingthorn Cllr Tony Wilkinson 1. INTRODUCTION 1.1 Number 17 High Street is the village post office and shop in Greens Norton village, located on the corner of the High Street and School Lane. The building is cream painted brick with a slate roof and arched upvc windows at first floor level. There are also two large bay windows and customer door fronting the shop on the ground floor. 1.2 This application was deferred by members from the last committee meeting in order 129 _______________________________________________________________________________ for the case officer to ascertain if the applicant was willing to remove the requirement for external shutters on the front windows of the shop. Following the meeting the applicant indicated to the case officer that he would be unwilling to do this and confirmed he wishes to apply for the perforated type of external shutter on both the side entrance and front shop windows and doors as described in the update to the committee meeting on 5th August. Although the applicant did state he would consider the matter further and inform the case officer if he changed his mind, no further contact has been made at the time of writing this report and therefore the report has been written on the basis of a proposal for perforated external shutters to the front and side of the building. 2. PLANNING HISTORY 2.1 Planning permission was granted in 2004 for a two storey rear extension to the building reference S/2004/0628/P. 3. PROPOSAL 3.1 This application seeks permission for retractable security shutters to be installed on the premises following a recent night time burglary. Although the application originally proposed open ‘punched’ lattice type shutters, the shutters now proposed by the applicant are of the ‘perforated’ type, circulated at the last meeting. The reason for this is that the manufacturers have advised the applicant that the punched shutters are prone to being taken out by a chain attached to a vehicle. The shutters would be fixed to the exterior of the two ground floor shop windows and door to the front facing the High Street and also installed on the side delivery entrance facing School Lane. The material is a powder coated aluminium and this perforated specification delivers up to 17% vision though the shutter. 4. CONSULTATIONS 4.1 GREENS NORTON PARISH COUNCIL – Object to the proposal on the following grounds: It would be out of keeping with the village environment It would result in the loss of visual amenity to neighbouring houses 4.2 CRIME PREVENTION DESIGN ADVISOR (Original comments on lattice type shutters) – No objections in principle. Indeed we are fully supportive of the proposal which should help to prevent and deter attack by burglars. However, it should be noted that such a product has no value in the event of a robbery (during the day when the shop is open). I am surprised that there is no reference to crime in the documentation. It would be helpful if much more detail were provided. A search of the police crime recording system reveals that the shop has been the target of a recent night-time burglary. It is pertinent to point out that the proposed shutters are of the ‘open style’ which will present a less blank or hostile appearance to the street scene, and is not a suitable surface for graffiti purposes. 4.3 In response to the amended proposal for perforated shutters the CPDA advised that he is unaware of any history locally of an attack on a post office whereby lattice type shutters were pulled out by a vehicle and concluded that the appropriateness of the type of shutters comes down to a risk assessment. 4.4 THIRD PARTIES – One letter received from a neighbour stating the proposal is 130 _______________________________________________________________________________ inappropriate for the following reasons: Greens Norton is a rural village which has mercifully low levels of crime and vandalism The shop has suffered two break-ins in 25 years and the proposal is therefore an over reaction The proposed shutters would be highly detrimental to the appearance and amenity of the attractive village centre. Such installations have been shown to increase vandalism Burglars would be attracted to the rear of the building instead Previous approved development for residential accommodation is not being used Lattice shutters fitted to the inside of the windows are available without being an eyesore or vandal magnet. 5. POLICY 5.1 The application should be considered with regard to policies G3 and EV1 of the South Northamptonshire Local Plan relating to design, context, visual impact, crime prevention and residential amenity. The Council has adopted Supplementary Planning Guidance on Shop Fronts. 5.2 Northamptonshire County Council also produced a Supplementary Planning Guidance document entitled Planning Out Crime in Northamptonshire which has been adopted by South Northants Council. 5.3 Planning Policy Statement 1 ‘Delivering Sustainable Development’ and PPS4 Planning for Sustainable Economic Growth are also relevant. 6. APPRAISAL 6.1 The main issues to consider with regard to this application are: Visual impact of the proposal and effects on amenity Crime prevention issues 6.2 VISUAL IMPACT AND AMENITY. The shop sits on a prominent corner location along the main route through the village. It is therefore not only important to safeguard the character and appearance of the area in the interests of the occupants of nearby dwellings, but also the appearance of the village generally. Although not in a conservation area (Greens Norton does not have one), this area of Greens Norton is part of the historic core and the focal point of the village, near the intersection of two main through routes. It is characterised by mainly traditional style properties and a wide ‘green’ fronting the buildings on the opposite side of the road. There are several listed buildings close by. Although the original report to the previous committee recommended approval on the basis of the ‘punched’ lattice type security shutters, the amended proposal for the perforated shutters, which have a more opaque appearance raises some concerns. 6.3 Both South Northamptonshire Local Plan Policies and Planning Policy Statement 4 promote the retention of local facilities serving rural communities. The village shop 131 _______________________________________________________________________________ is an important resource for Greens Norton and its viability as a business should therefore be supported as much as possible, although this must be balanced against the impact of the proposed development. On balance, officers are of the view that the more ‘solid’ nature of the perforated shutters would be harmful to the character and appearance of the host building and the wider area and that this is not outweighed by the applicant’s desire to improve security. 6.4 CRIME PREVENTION. The Police Crime Prevention Design Advisor confirms the shop has recently suffered a break in and he supports this provision of open type shutters on the building. He further advises that ‘open’ style shutters are preferable from a crime prevention point of view as, unlike solid shutters, they present a less blank or hostile appearance to the street scene and are not a suitable surface for graffiti purposes. 6.5 The Planning Out Crime In Northamptonshire SPG states ‘Local authorities in Northamptonshire do not support the application of solid external shutters as it leads to monotonous, unattractive frontages, which reinforces fear of crime and attracts criminal activity’. It further advises full window views offer the potential to enhance trade and enables surveillance by passers-by to report any disturbances. All shutters should therefore be as transparent as possible e.g. with holes or slots in metal slats, or open mesh grills. From a crime prevention point of view therefore this proposal complies with policy G3(P) of the Local Plan and the adopted SPG as the addition of any shutters on the building would have a positive impact overall on crime prevention. 7. CONCLUSION 7.1 The application is recommended for refusal as, although it would reduce the potential for crime associated with an important local service premises the proposed development would have a significant detrimental impact on the appearance of the area. 132 133 ___________________________________________________________________________ ____ Item No 008 Application Number : S/2010/0639/MAO Parish : Old Stratford Case Officer : Daniel Callis Applicant : Burleigh Bucks Ltd Location : Land East of The Meadows Old Stratford Description : Residential development of 15 dwellings (outline). Recommendation - Refusal Reasons :1. The proposed development would not accord with the relevant Development Plan in particular ‘saved’ policies G2, H6 and EV2 of the adopted South Northamptonshire Local Plan which seek to concentrate future developments primarily in the rural service centres of Brackley and Towcester, whilst strictly controlling development in the remainder of the rural areas in order to provide sustainable growth and to protect the intrinsic character of the countryside and rural area. It is not considered that there are material planning considerations that would outweigh this conflict as the Council has a 5 year land supply of housing in accordance with PPS3 ‘Housing’. 2. The application is contrary to Local Plan policies EV1 and G3, the Council’s adopted Interim Rural Housing Policy (IRHP) and Supplementary Guidance on Residential Design in the Countryside, as well as Government Guidance contained in PPS1, PPS3 and PPS7. In this instance the development due to the low density does not make efficient use of the land and represents a significant extension of the village into open countryside which, together with the arbitrary eastern boundary of the development site across the field, is out of keeping with, and would be harmful to, the surrounding pattern of development, the rural character of the area and this sensitive edge of village location. 3. In the absence of a satisfactory unilateral undertaking or any other form of Section 106 legal agreement the Local Planning Authority is not satisfied that the proposed development provides for appropriate affordable housing, public open space, leisure facilities, education and other facilities required as a result of the development, to the detriment of both existing and proposed residents and contrary to Policies H7 and IMP1 of the adopted South Northamptonshire Local Plan and the Council’s adopted Supplementary Planning Guidance relating to Affordable Housing (2003) and Policy Statement on Developer Contributions (2001). 134 ___________________________________________________________________________ ____ S/2010/0639/MAO WARD : WARD MEMBER : Old Stratford Cllr Mrs Lucinda Mobaraki 1. INTRODUCTION 1.1 The application site is an open field located on the eastern side of Old Stratford. The field lies outside but directly abuts the village confines on its northern and western sides, and lies between The Meadows and the river Great Ouse. The site covers roughly 80% of the existing field and extends to some 0.88Ha. The lower part of the field nearest the river (and in flood zones 2 and 3) is excluded from the site. A public footpath runs through this excluded part of the field. 2. PLANNING HISTORY 2.1 S/1988/0724/PO, S/1988/0725/PO, S/1989/0533/PO and S/1989/0534/PO – four applications were submitted in the late 1980s seeking outline planning permission for the demolition of the former transport depot on the adjacent land (Holtons Yard) and the erection of 44 dwellings on the application site and adjacent land. All of the applications were withdrawn. 2.2 S/2002/1473/P – planning permission was granted in August 2003 for the redevelopment of Holtons Yard and the erection of 34 dwellings (now known at The Meadows). 2.3 S/2008/0707/PO – planning permission was granted at appeal for the erection of 35 dwellings on the existing small paddock to the west of the application site. 2.4 S/2010/0146/MAO – planning permission was refused in April 2010 for outline consent for 31 dwellings on the same application site as the current application. permission was refused on the grounds that the cumulative quantum of development, when added to the extant consent for 35 on the adjoining paddock (66), would significantly exceed the indicative target set in the IRHP (43) and the local need for housing and would conflict with sustainable development objectives and the spatial priorities for the region, which seek urban focused development and the protection of villages from inappropriate growth. 3. PROPOSAL 3.1 The proposal seeks outline planning permission (all matters reserved) for the erection of 15 dwellings on that part of the existing field that is included within the site. 3.2 Of these, 40% (6 dwellings) would be affordable housing, the remaining 60% (9 dwellings) would be market housing. 4. CONSULTATIONS 135 ___________________________________________________________________________ ____ 4.1 OLD STRATFORD PARISH COUNCIL – Object to the application on the following grounds: The proposal is contrary to saved Local Plan policies H5 and H7 and the IRHP (insofar as the cumulative quantum of development, 15 + 35 = 50, exceeds the indicative allocation of 43). The village primary school is already over capacity. Extending the school is not easy, given the constraints of the site and that fact that it is already short of the statutory area required for playing fields. The low density proposed would make an inefficient use of land and so would be contrary to PPS3. There is currently no signed S106 agreement covering suitable contributions such as affordable housing, public open space, education, etc. They also suggest that the applicant does not own the entire site, as a strip along the boundary with The Meadows is retained by the previous developer. No evidence has been submitted to support this claim and it is not considered to materially affect whether or not permission is granted. 4.2 POLICY OFFICER – Objects to the application. The 5-year housing land supply is now considered to be met. Hence it is considered that this development does not comply with the relevant development plan and that there are no material planning considerations that would outweigh this conflict. 4.3 STRATEGIC HOUSING – There is no up-to-date housing needs survey for Old Stratford. However, the Council’s housing register currently indicates that there are 39 households expressing a preference to live in Old Stratford (as of 23rd June 2010), and of those a minimum of 15 have a local connection to the village. Consequently, a 40% affordable housing provision would be required, equalling 6 units. These should be 75% for rental and 25% for ‘intermediate’. The current scheme indicates six 1 and 2 bedroom flats, which do not meet the Council’s minimum floorspace requirements. In addition, this type of housing is clearly distinguishable and, therefore, not tenure blind from the market housing, which is predominantly large detached 4 and 5 bedroom houses. The affordable housing should contain a mix of 2, 3 and 4 bedroom properties, ‘pepper-potted’ throughout the site and that should be indistinguishable from the market housing. 4.4 ENVIRONMENTAL HEALTH – No objection, subject to conditions relating to land contamination 4.5 ARBORICULTURAL OFFICER – No objection, there are no outstanding trees on the site or anything worthy of a TPO. The indicative plan also gives the existing trees a reasonable amount of space. Suggests that any approval should include comprehensive landscaping to the southern boundary (edge of the housing line). Also requires that any approval applies tree protection conditions to protect the two existing trees on the southern boundary, particularly during the construction phase 4.6 HIGHWAYS AUTHORITY – No objection in principle. However, highlight certain 136 ___________________________________________________________________________ ____ points, including the following: The new estate road will be subject to a Section 38 agreement to be adopted by the Highway Authority Pedestrian visibility splays of 2.4m x 2.4m should be provided at each access (2.0m x 2.0m where turning provided) The new estate road should have a minimum width of 4.8m along with a footpath width of 2 x 1.8m (or 1 x 1.8m plus 1 x service strip) The design of the estate should comply with the design speed of no more than 10mph Turning facilities for refuse and commercial vehicles should be provided within the site. The design should also meet the needs of all emergency services 4.7 NORTHAMPTONSHIRE COUNTY COUNCIL – request financial contributions for additional primary school places, libraries, fire and rescue service (see relevant paragraphs below) 4.8 ENVIRONMENT AGENCY – No objection, subject to a condition requiring the applicant to submit a phasing and future management and maintenance plan for the provision of foul water drainage and have it approved in writing before the first occupation of any building on the site. 4.9 ANGLIAN WATER – No response received to date. 4.10 NATURAL ENGLAND – No response received to date. However, the information submitted with the application is the same as the previous proposal, to which they raised no objection. 4.11 CRIME PREVENTION DESIGN ADVISOR – No response received to date. 4.12 THIRD PARTY REPRESENTATIONS – 10 letters of objection have been received from local residents. Objections include: The development would be outside the village confines and would be contrary to PPS3 and to saved Local Plan policies G2, H6 and EV2; the development would be detrimental to the character of the area; the additional traffic would be detrimental to the local highway network (congestion) and highway safety and would result in additional on-street parking; existing on-street parking congestion makes access for emergency vehicles difficult; additional traffic will cause noise and environmental pollution; the village school is already at capacity, as are local medical and dental surgeries; the existing open field is an important asset to the area; the village has already undergone significant expansion without a matching investment in infrastructure; the existing sewerage network in the area does not have sufficient capacity to accommodate the extra dwellings; the existing public transport service is inadequate to accommodate additional development in a sustainable way; the village does not contain many facilities and is not a sustainable location for such a significant cumulative amount of development. 4.13 A petition of village residents opposing the application was also submitted with 88 137 ___________________________________________________________________________ ____ signatories. This is the same petition that was submitted with the previous application (S/2010/0146/MAO). 5. POLICY 5.1 The relevant Development Plan comprises the ‘saved’ policies of the South Northamptonshire Local Plan (SNLP). 5.2 The relevant Policies of the SNLP include Policies G2, G3, H5, H6, H7, EV1, EV2, EV21 and IMP1. 5.3 Supplementary Planning Guidance is also of relevance to this proposal and constitutes a material planning consideration, particularly; Developer Contributions (2001) and Affordable Housing (2003) 5.4 Government Guidance is also a material planning consideration. Of particular relevance is guidance in PPS1, PPS3, PPS7, PPS9, PPG13, PPG24 and PPS25. 5.5 In addition, the Council has recently adopted an Interim Rural Housing Policy (IRHP). 6. APPRAISAL 6.1 The main considerations in this case are: the principle of the development (including the scale of development) Planning Policy Statement 3 (PPS3: Housing) compliance access and highways safety drainage and flooding the effect on biodiversity and ecology the effect on the character and appearance of the area effect on adjoining residents contributions to local infrastructure 6.2 THE PRINCIPLE OF DEVELOPMENT – Applications for planning permission should be determined with regard to the Development Plan which, in light of the recent revocation of Regional Strategies, comprises only; Adopted Development Plan Documents, Saved Policies and any old style plans that have not lapsed. For this Council, therefore, the development plan comprises the saved policies of the South Northamptonshire Local Plan. 6.3 In this case the proposal is clearly contrary to the adopted Local Plan in that it comprises development outside the adopted village confines as defined in that Plan and, therefore, constitutes development within the open countryside. Consequently, the development is in conflict with Policies G2, EV2, H5 and H6. 138 ___________________________________________________________________________ ____ 6.4 Local Planning Authorities are, however, also advised to have regard to other material considerations, including national policy. Of particular relevance is PPS3 which still requires Councils to provide a five year housing land supply. 6.5 The report of the Director of Service Delivery at item 6 on this agenda sets out the Council’s latest 5 year housing land supply position and the consequent implications for Planning Applications. 6.6 In accordance with the above report, it is considered that this development does not comply with the relevant development plan and that there are no material planning considerations that would outweigh this conflict because the Council has a 5 year land supply of housing. 6.7 Accordingly, it is considered that the proposed development is unacceptable in principle and that permission should be refused. However, in accordance with the above report it is recommended that the issuing of the decision notice be delayed until the outcome of the recent appeal is known. In the event that the appeal decision confirms that the Council does have a 5 year land supply, then the application decision notice will be issued. 6.8 In the event that the appeal decision confirms that the Council does not have a 5 year land supply it is recommended that officers are given the delegated authority to issue the refusal but to remove this reason for refusal from the decision notice (reason 1). 6.9 PPS3 COMPLIANCE – Notwithstanding the issues above, paragraph 69 of PPS3 requires new development to reach high standards of design, relationship to context, efficiency and quality when measured against sustainability criteria. In this instance the total site measures 0.88ha, meaning that the 15 dwellings proposed equates to around only 17 dwellings per hectare. Although the indicative minimum density has now been removed from PPS3, there is still a requirement and expectation to make an efficient use of land. 6.10 The proposed density, however, is significantly low and much lower than the existing adjoining development at The Meadows (45 dwellings per hectare) and in Manorfields Road and Rivercrest Road (23 dwellings per hectare). As a result the development would not only appear out of keeping with the character of the adjacent development but it would also be contrary to PPS3 by making an inefficient use of land. 6.11 ACCESS AND HIGHWAY SAFETY – Although not for determination as part of this application for outline consent, it should be noted that access to would almost inevitably come via The Meadows, which then leads onto Deanshanger Road. In fact, the Highways Authority has previously stated that access would need to be provided via the adjacent, but as yet undeveloped, site that has outline consent for 35 dwellings. This, in turn, would then connect with The Meadows opposite No’s 1 and 3. The reason for this is due to the road through The Meadows itself not being of sufficient capacity to accommodate the additional traffic generated by the application site. 6.12 However, the Highways Authority are satisfied that a suitable access could be 139 ___________________________________________________________________________ ____ provided via the adjacent undeveloped site and that the development would cause no significant detriment to highway safety in terms of the additional volumes of traffic and parking congestion. 6.13 DRAINAGE AND FLOODING – The site deliberately lies fully in flood zone 1. The unusually wavy line of the eastern boundary actually skirts the edge of flood zones 2 and 3 in relation to the adjacent river Great Ouse, therefore making best use of the field without making the development susceptible to flooding. 6.14 The Environment Agency has confirmed that they have no objection to the proposal in principle. If permission were to be granted they require that a condition be included requiring the applicant to submit a phasing and future management and maintenance plan for the provision of foul water drainage and have it approved in writing before the first occupation of any building on the site. 6.15 BIODIVERSITY AND ECOLOGY – The applicant’s Evaluation and Impact Assessment identifies that, from an ecological perspective, the site can be divided into two contrasting zones. The improved grassland on the high ground (approximately two thirds of the field and the vast majority of the area covered by the application site) is of ‘negligible’ value in that it is composed of ‘low grade and widespread habitat’. The lower lying land on the floodplain (the remaining land, almost entirely outside the application site) is of ‘national’ value because it contains a viable area of a key habitat identified in the ‘UK Biodiversity Action Plan’. The hedges and trees also have the potential to support bats, grass snakes and nesting birds. In terms of mitigation, the report suggests that development (including activity during any construction phase) should not extend into the floodplain and that all existing trees and hedges should remain. If any removal or pruning/pollarding of the latter is required then further survey work will be required. 6.16 Although Natural England are yet to respond, the information submitted with the application is the same as the previous proposal. On that occasion they were satisfied with the report and its findings and raised no objection. They were also satisfied that the development need not necessarily cause any harm to any protected species or their habitats. 6.17 CHARACTER AND APPEARANCE OF THE AREA –The site is open agricultural land, currently laid to pasture. The land to the south is also agricultural and the flood meadows to the river Great Ouse lie to the east. The land rises gradually from the river and the site is clearly visible from the large public park to the east (as well as the public footpath that runs through the field itself). The development of the land for residential use would clearly be detrimental to its existing open rural character. 6.18 In terms of the wider settlement form, the site provides an additional gradual step of development between the rear of the properties in Deanshanger Road, the adjacent as yet undeveloped site with outline consent (the adjoining paddock), and the eastern extremity of the properties in Manorfield Road (which back directly onto the river Great Ouse). The utilisation of these boundaries means that the development abuts existing residential development on two sides and, to a certain extent, would appear as a reasonably integral part of the built form of the village. 6.19 The retention of the existing hedges and vegetation on the southern and eastern 140 ___________________________________________________________________________ ____ boundaries would also help soften the appearance of the development from outside the settlement to a certain extent, but would need to be supplemented to provide a substantial and effective edge to the site, particularly when viewed from the public open space on the opposite side of the river. 6.20 However, notwithstanding this, the site does project quite prominently into the adjacent open countryside and the visual harm is significant. Consequently, in light of the fact that the housing land supply shortfall is now addressed, there is no longer any material consideration that would over-ride this harm caused. 6.21 NEIGHBOURING AMENITY – The indicative plan demonstrates that the proposed dwellings could all be accommodated within the site without causing any material harm to the amenities of any existing neighbouring property. 6.22 The indicative plan also appears to demonstrate that the new dwellings themselves would all be afforded a satisfactory level of amenity and area of external amenity space. 6.23 CONTRIBUTIONS – If permission were to be granted agreement/undertaking would be needed to secure the following: a legal Affordable housing 40%, or 6 units (of that, 75% would be for rent and %25 for shared ownership, etc) Library contribution at £116 per 1 bed unit, £155 per 2 bed unit, £229 per 3 bed unit, £290 per 4 bed unit, £326 per 5 bed unit Fire and Rescue contribution at £86 per unit (31 x £86 = £2,666) Education contribution to fund additional primary places at a rate of £0 per 1 bed unit, £497 per 2 bed unit, £3,403 per 3 bed unit, £7,602 per 4 bed unit Landscaping – the creation of a landscaping belt along the southern boundary of the site in order to accord with the requirements and expectations of the IRHP that proposals should either consolidate the existing confines boundary or form a sound alternative boundary that respects and reflects natural or other long term features. The belt, along with any other public open space, would then need to be transferred to the Parish Council to ensure permanency to the new limit of the village. 6.24 In the absence of an agreed and signed S106 at the time of determination it would be necessary to add this as an additional reason for refusal. 7. CONCLUSION 7.1 In accordance with the above and the contents of item 6 on the agenda, it is considered that this development does not comply with the relevant development plan and that there are no material planning considerations that would outweigh this conflict because the Council has a 5 year land supply of housing. 7.2 In addition, the proposal constitutes a particularly low density of development which is not in-keeping with the character of the area and does not make an efficient use 141 ___________________________________________________________________________ ____ of land, as required by PPS3. 7.3 Consequently, and notwithstanding the fact that the proposal causes no significant detriment in terms of highway safety, neighbouring amenity, flooding and drainage, ecology the application is recommended for refusal on the grounds outlined above. 8. RECOMMENDATION 8.1 That planning permission be refused, but to delay issuing the decision notice until the outcome of the recent appeal is known (see item 6 on the agenda). 8.2 In the event that the appeal decision confirms that the Council does have a 5 year land supply, then the application decision notice can be issued as it stands. 8.3 In the event that the appeal decision confirms that the Council does not have a 5 year land supply that officers are given the delegated authority to issue the refusal but to remove this reason for refusal from the decision notice (Reason 1). 142 143 _______________________________________________________________________________ Item No 009 Application Number : S/2010/0656/FUL Parish : Newbottle Case Officer : Maria Philpott Applicant : Mrs P Johnson Location : Newbottle & Charlton Primary School Green Lane Charlton Description : Provision of stand alone kitchen pod unit Recommendation - Approval Conditions :1. B1 Statutory time limit 2. The development shall not be carried out otherwise than in complete accordance with the approved plans: site plan S0152A, K9314-2-EL Rev 02 and NTQS1267/S0152A/01 received on 4th June 2010 and S0152A/03 received on 30th June 2010, unless a non-material amendment is approved by the Local Planning Authority under the Town and Country Planning (General Development Procedure) (Amendment No3) (England) Order 2009. 3. Prior to the commencement of the development hereby permitted, further detailed drawings of the proposed ramp to be erected shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details. 4. The kitchen pod hereby permitted shall only be used in connection with activities related to Newbottle and Charlton Primary School and shall not be used in connection with any non-school related purposes, unless agreed in writing by the Local Planning Authority. 5. The kitchen pod hereby permitted shall only be used for preparing and warming already cooked dinners to be served in the school hall and no cooking shall be undertaken in the unit at any time unless agreed in writing by the Local Planning Authority. Reasons :1. RB1A 2. To clarify the permission and for the avoidance of doubt 3. To ensure the details are appropriate to the development 4. To clarify the permission and for the avoidance of doubt 144 _______________________________________________________________________________ 5. In the interests of residential amenity S/2010/0656/FUL WARD : WARD MEMBER : Steane Cllr Mrs Rebecca Breese 1. INTRODUCTION 1.1 The application site comprises Newbottle and Charlton village primary school which is located in a central location in the village, with a frontage to Green Lane and vehicular access from Myers Close. 1.2 The school buildings themselves comprise some traditional stone and red brick buildings with more modern additions to the rear of the site. 2. PLANNING HISTORY 2.1 Planning permission (S/2010/0358/FUL) has recently been granted for an extension to the existing entrance to create a new entrance, heads office and library. 3. PROPOSAL 3.1 The application seeks the erection of a stand alone kitchen ‘pod’ unit to allow school dinners to be served on site. Associated ramped access from the rear of the pod will also be provided. The finish of the pod is a sustainable wooden batten finish coloured green 3.2 It is not intended to cook food on site, only to warm food ready to serve in the school hall. Once warmed, food will be covered and wheeled to the school on a trolley. 3.3 The applicant, Northamptonshire County Council, advise that they have made a commitment to provide hot school meals throughout the County. The Pod offers a way of achieving this without having to take up valuable school classroom space. The cost of building a permanent space is not possible and this is a viable alternative. It has a design life of 20 years with the current provision of a 5 year lease. 4. CONSULTATIONS 4.1 Newbottle Parish Council: Object. The unit looks unpleasing to the eye due to this being the front of the new school refurbishment. It doesn’t appear to be in keeping with the new look. [Second letter re clarification of colour] Object. The colour of the pod is not the issue, it is the way the pod is constructed and will not fit the new image of the school. 4.2 Conservation Officer: The application site is located beyond the confines of the settlement’s conservation area and the ‘pod’ will be positioned to the north of that site adjacent to the existing modern school building. In that location it will have no impact on the setting of the conservation area or any views into or out of it. I therefore have no objections to this proposal or further comments to make. 145 _______________________________________________________________________________ 4.3 Access Officer: No comments 4.4 Environmental Health: No objections 4.5 Third Parties: No comments received 5. POLICY 5.1 Planning Policy Statement (PPS) 1: Delivering Sustainable Development 5.2 Planning Policy Statement (PPS) 5: Planning for the Historic Environment 5.3 South Northants Local Plan: EV1, EV11 and G3 6. APPRAISAL 6.1 The main issues which relate to the proposal are as follows: the principle design impact on the setting of the conservation area Residential amenity (including noise and odour) Principle 6.2 The proposal is located within the village confines and within the existing primary school site and therefore the principle of providing additional development is acceptable. Design 6.3 The design of the kitchen pod, whilst of no particular architectural merit, is considered to be of a functional design appropriate to its use and setting within the existing school site. It is acknowledged that the school has had permission granted for some new extensions to the eastern side of the site, however these will create a modern addition to the school entrance and therefore the kitchen pod will not look out of keeping within the immediate setting of the buildings. The kitchen pod will also be tucked adjacent to the hedge on the northern side and well screened by dense hedging to the northern and eastern boundaries. On this basis, and when balanced against the need for the Pod as explained in para 3.3 and the cost of building a permanent space, it is considered that the proposal is acceptable. 6.4 Impact on the setting of the conservation area 6.5 The proposal is not considered to have an adverse impact to the setting of the conservation area as the kitchen pod is to be located to the opposite side of the school from the western edge of the conservation area, therefore views into and out of the conservation area will not be affected. Residential Amenity 6.6 The kitchen pod is not anticipated to create any adverse impacts in terms of noise and odour to the adjacent residential occupier at No. 1 Myers Close. Whilst the use involves food preparation, this only includes the warming of food and no cooking will 146 _______________________________________________________________________________ take place within the facility. A condition will be imposed to ensure that this remains the case. 7. CONCLUSION 7.1 The application is considered to be acceptable and in keeping with the modern school buildings to which it relates. It will not harm the setting of the conservation area or create any adverse impacts to the occupiers of adjacent residential properties. 8. REASON FOR APPROVAL 8.1 Pursuant to Section 38 of the Planning and Compulsory Purchase Act 2004, the proposed development complies with the applicable development plan policies and adopted supplementary planning guidance. The design of the kitchen pod is functional and in keeping with the modern school buildings and it will not affect the setting of the conservation area or residential amenities. There are no other material considerations that would constitute sustainable grounds for refusal. 147 148 ___________________________________________________________________________ ____ Item No 010 Application Number : S/2010/0692/MAR Parish : Silverstone Case Officer : Paul Seckington Applicant : Mr K Pearson Location : Whittlebury Road Silverstone Description : Residential development for 49 dwellings and associated works. (Reserved matters pursuant to outline planning permission S/2009/0290/PO). Recommendation - Approval Conditions :1. The development shall not be carried out otherwise than in complete accordance with the approved plans, [****insert approved drawing numbers here*****] unless a non-material amendment is approved by the Local Planning Authority under the Town and Country Planning (General Development Procedure) (Amendment No3) (England) Order 2009. 2. No development shall take place on the construction of the dwellings hereby approved until a reference panel or panels of the proposed stonework and brickwork, including the mortar type, has been constructed and approved in writing by the Local Planning Authority. The panels shall be erected on site in a position that is protected and readily accessible for viewing in good natural daylight from a distance of 3 metres. The panels shall be retained on site for the duration of the construction contract and the development shall be carried out in accordance with the approved details. 3. J11 Inset of window/door to form reveal 4. No development shall take place until further details of the architectural detailing of the exterior of the dwellings, including the windows and doors (and their surrounds), together with the eaves and verge treatment, at a scale of not less than 1:20, has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details. 5. No development shall take place until a scheme for external lighting of the development, in particular the roads, parking courts and footpath link, has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details. 149 ___________________________________________________________________________ ____ 6. The existing access onto Whittlebury Road shall be permanently closed and the verge / kerb / footway to be re-instated before the development is first occupied, and shall thereafter remain as such. 7. The first-floor windows in the side gable of plots 1, 13, 28 and 33 and the firstfloor windows in the rear elevation of plots 40 and 46 shall be fitted with obscure glass and be top third opening only and thereafter permanently maintained as such. 8. Before commencement of any part of the development hereby permitted (including any clearing and demolition) the existing trees/hedges to be retained on the site shall be protected and maintained in accordance with the details provided in the Tree Report (ref 1024/DP/TR001) dated 17th March 2010 and on drawing number 10-24-02 Reasons :- 1. For the avoidance of doubt and to clarify the permission. 2. RK2 3. RK1 4. RK1 5. In the interests of visual and neighbour amenity and crime prevention. 6. In the interests of highway safety 7. To protect residential amenities from overlooking 8. In the interests of visual amenity and good Arboricultural practice. S/2010/0692/MAR WARD : WARD MEMBER : Silverstone Cllr Dermot Bambridge 1. INTRODUCTION 1.1 The application site is located on the east side of Towcester Road at its junction with Whittlebury Road and extends to 1.239 hectares. It is currently used for grazing sheep and is bounded by trees and hedgerows. None of the trees are the subject of a Tree Preservation Order, but the hedgerow along the frontage to Towcester Road and Whittlebury Road is defined as an important feature within the Village Design Statement. 150 ___________________________________________________________________________ ____ 1.2 The site lies outside the village confines of Silverstone, and is therefore classed as open countryside. However, the site is surrounded by residential development. Unlike other similar open fields within /adjacent to the village, the site is not defined as an important open space in the Village Design Statement. 1.3 To the east of the site is a former local authority housing estate on Kingsley Road and the BT Telephone Exchange, whilst to the north is a detached dwelling ‘The Paddocks’, which occupies a generous plot. Further north beyond The Paddocks is a large field which also fronts the Towcester Road and is bounded by the Kingsley Road houses. To the west, on the opposite side of Towcester Road, are two-storey dwellings, largely screened by a mature hedgerow, backing onto the road and served from Hillside Avenue, and Nos. 9 and 9a Towcester Road, two detached houses served off the main road. To the south of the site on the other side of Whittlebury Road is the residential care home of Clare House and a detached dwelling set back from the road. 1.4 There is an existing field access located towards the southern end of the Towcester Road frontage and a further one midway along the Whittlebury Road frontage. 1.5 The land slopes from east to west, the maximum fall being about 4 metres. 2. PLANNING HISTORY 2.1 Outline planning permission was granted in 2009 for 49 dwellings (S/2009/0290/PO refers). All matters were reserved for approval as such only the principle of development was approved at that time. A legal agreement was entered into when permission was granted requiring 40% of the development to be affordable housing and financial contributions towards education, leisure and healthcare. 2.2 Full planning permission was also granted in 2009 for 46 houses on the adjacent site to the north and this is currently under construction. 3. PROPOSAL 3.1 This application seeks consent for all the reserved matters, namely access, layout, scale, appearance and landscaping. 3.2 A single point of access to serve the development is proposed centrally along the Towcester Road frontage. The access road enters the site perpendicular to the road for approximately 50m and then forks in a north and south direction to access all the houses. The southern fork of the adopted road terminates at the Whittlebury Road frontage and has two private drives leading off of it to access the houses that front onto the Whittlebury Road. A pedestrian access is proposed at the end of this section of the adopted road to link with the existing zebra crossing on Whittlebury Road. 3.3 All the dwellings are two-storeys in height. There is frontage development to both the Towcester and Whittlebury Road frontages. The affordable housing provision is split into two areas – a grouping of 15 at the northern end of the site and a grouping of 5 at the southern end. There is a mixture of 2, 3, 4 and 5 bed houses and 2 bed apartments across the site. The mature hedges and trees along the boundaries of the site are proposed to be retained. The dwellings would be finished primarily in 151 ___________________________________________________________________________ ____ red brick with some stone dwellings. 4. CONSULTATIONS 4.1 SILVERSTONE PARISH COUNCIL: Object to the application for the following reasons: There appears to be no designated policy and requirement to reinstate removed hedges, retain hedges around the site and provide a scheme for ongoing maintenance No provision has been made for a safe pedestrian crossing on the Towcester Road resulting in residents leaving the site onto Towcester Road having to walk around the corner to the pedestrian crossing on Whittlebury Road and then accessing the pedestrian crossing higher up the Towcester Road and well away from the development site to safely cross the A413 Clarification is needed as to which access road it is anticipated will be adopted o NCC HIGHWAYS: Make the following comments: the access should be at least 80m from the end of the flare of the first mini roundabout the junction radii of the access and the internal adopted access roads need to conform to highways standards dwellings must be a at least 1m from highway boundary, service strips need to be 1m wide not 0.6m an adoptable footpath link is required to link with the Whittlebury Road. The applicant has amended the plans in line with County Highways requests and confirmation is awaited that the amended plan is now acceptable. An update will be given on this. 4.3 ENVIRONMENT AGENCY: No objection 4.4 WILDLIFE TRUST: Due to limited resources we are unable to comment on this application. 4.5 NATURAL ENGLAND: No response received to date. 4.6 HIGHWAYS AGENCY: No objections 4.7 POLICE CRIME PREVENTION DESIGN ADVISOR: No objections in principle, but have the following comments: Some of the lower density housing is arranged in a perimeter block style, which is to 152 ___________________________________________________________________________ ____ be welcomed, as it is the safest for resisting intruders. Most of the remainder, however, is laid out in an open style, with ‘defensible space’ undermined by either small parking courts or rear alleys, most of which are associated with the higher density housing. Parking courts facilitate access by intruders to rear gardens and often become the scene of nuisance behaviour, damage etc. Similarly, rear alleys can be used in the same fashion, and become dumping grounds for rubbish, and the cause of friction between neighbours. In this instance, they will rapidly fill with leaf fall from the many surrounding trees, and are quickly likely to become disused. In view of the above, I would request the attachment of conditions/informatives, for reasons of crime prevention, relating to secure windows and doors, secure boundary treatments, especially those exposed to parking courts. 4.8 SNC STRATEGIC HOUSING: Original Comments: The most important consideration for the Strategic Housing Team is that this development delivers 40% affordable housing comprising a mix of property types and tenures which meets the identified housing need, which this proposal does. However, the pepper-potting of the affordable housing on this site does not meet the SPG requirements, of no more than 10 units grouped together. However, the applicant has advised that this is a compact site which potentially restricts re-location of the affordable housing and further pepper-potting without compromising site viability. Therefore, on the basis that the applicant is prepared to deliver this scheme without grant funding, it was agreed that we should request sight of Three Dragons economic viability appraisals which the applicant has undertaken for this site, which could confirm that our preferred location for the affordable units is not viable. Additional Comments: The viability appraisal has now been received and assessed. It is apparent that site viability is an issue for the applicant, particularly as they are intending to bring the scheme forward without recourse to public subsidy. Having had sight of the financial appraisal the Strategic Housing Team is satisfied that further pepper-potting of the affordable units is therefore very likely to further compromise viability. 4.9 SNC ARBORICULTURAL OFFICER: No objections to the (revised) scheme on the understanding that planning conditions will be attached to any consent that ensure the tree protection measures are undertaken in accordance with their arboriculturalists’ recommendations. 4.10 THIRD PARTIES: One letter of objection received, summary of comments: the signed S106 on the outline was flawed as neither the County or District Council’s considered it important to secure a financial ‘highway safety’ contribution towards the cost of the extension of a safe footway along the south side of Church Street which is needed to provide a safe day and night time footway from the village to the playing fields and recreation centres and to West End there are too many dwellings on the site and the layout conflicts with Policy G3 (A) of the Local Plan. it is not compatible in terms of scale, type, setting, design and 153 ___________________________________________________________________________ ____ materials with the existing character of the locality. The density of Kingsley Road is low enough to justify a lower density on this site the proposed vehicular access is too close to the double roundabouts at the Whittlebury Road junction. 49 dwellings would generate too many vehicular turning movements onto the Towcester Road. The access should be from the Whittlebury Road. A vital footpath link is required between the development and the Whittlebury Road. 5. POLICY 5.1 The relevant policies of the development plan pertinent to this proposal are considered to be Policies G2, G3, H5, H6, H7, H8, EV1, EV2, EV21, EV24, EV29 and IMP1 of the South Northamptonshire Local Plan. 5.2 Material considerations to this proposal are government guidance in the form of PPS1 Sustainable Development, PPS3 Housing, PPS7 Sustainable Development in Rural Areas and PPG13 Transport; Supplementary Planning Guidance ‘Residential Design in the Countryside’. 6. APPRAISAL 6.1 As the principle of development has already been established on this site for 49 dwellings by the granting of the outline consent, the main considerations in respect of this application are considered to be: the layout and design of the development and the impact upon the character and appearance of the area dispersion, type, mix and tenure of affordable housing the proposed access and highways layout and the impact on highway safety the impact on the amenities of neighbouring residents the impact on existing landscaping the impact on flooding and drainage 6.2 IMPACT ON CHARACTER AND APPERAANCE OF AREA: National publications and government advice in the form of PPS1 and PPS3, as well as ‘By Design’ and ‘Building for Life’, sets out the need to secure high quality housing development. At the local level the Council’s SPG on Residential Design in the Countryside sets out guidelines for new housing to respect the local vernacular, particularly in village locations such as this. In general terms, the SPG advises that developments should be simple plain fronted dwellings, narrow plan depths, linear in form with pitched roofs parallel to the street and contain chimneys. 6.3 LAYOUT: The proposed layout of the development has sought to respect its frontage to the Towcester and Whittlebury Roads by fronting houses along the western and southern boundary, whilst at the same time retaining the important hedgerow along the frontage. Whilst the majority of the houses on the opposite 154 ___________________________________________________________________________ ____ side of Towcester Road back onto it, this is a remnant of when the road was the A43 trunk road and was therefore inappropriate to front it at that time. The road has now been de-trunked and is considerably lighter trafficked. In addition, recent housing developments along the road (including the development currently under construction on the adjacent site to the north) have fronted it, creating a more appropriate street scene to the road in those places. As such, it is considered that fronting houses onto the Towcester and Whittlebury Roads, whilst at the same time retaining the hedgerow, is acceptable in street scene terms and the general character of the settlement. 6.4 The access to the site is positioned centrally along the frontage to Towcester Road with a private drive leading immediately off it to the left (north) to access the properties which front the Towcester Road. The access road then extends towards the centre of the site where it splits in two and extends to the north and south. Off these roads are private drives to serve individual and groups of dwellings. All of the proposed dwellings front the access road and the subservient lanes, and walls are provided between buildings to provide a sense of enclosure. The development provides a mixture of housing sizes and types (detached, semi-detached and terraced houses), which are arranged in a layout which reflects as best as possible, given the density and location, its rural context. This echoes the principles of good design and is reflective of the guidance of the SPG. However, amendments to the layout have been sought relating primarily to the provision of a better focal point at the centre of the site, and queries over the close proximity of plots 11-16 to the trees along the northern boundary, and the close relationship between some plots regarding overlooking and loss of light. 6.5 The properties at the rear of the site back onto properties in Kingsley Road, and the properties on the northern boundary back onto the garden of The Paddocks, and the majority of other properties have gardens backing onto other gardens. Where parking courts or small parking areas are proposed they will be closely surveilled by the dwellings they serve or neighbouring properties. Where a parking court backs onto garden areas a condition will be placed to ensure these areas are adequately secured. As such, the development is considered appropriate to deter the opportunities for crime. 6.6 DESIGN: The development has been designed to reflect the principles of the SPG, by proposing in the main simple fronted two-storey dwellings with generally narrow plan depths, rooflines parallel to the road and chimneys. A small proportion of the properties have a deeper span (8m), and a resulting taller roof (which has been utilised to provide rooms in the roofspace – but no dormer windows), but this taller property provides variety to the street scenes and roofscape of the development. 6.7 The site is not located in or near to the historic core of the village. However, the Local Authority built housing in Kingsley Road, particularly at its southern end, also echoes the principles of the SPG, and is finished primarily in red brick. 6.8 The development is proposed to be predominantly finished in red brick, with two slightly different varieties to provide some variety across the site, but with some of the properties finished in stone. This ties in with the Kingsley Road development, as well as the development currently under construction on the adjacent site, and also relates to the principal building material in this area of the district of local 155 ___________________________________________________________________________ ____ limestone. Where possible, the majority of gas and electricity meters are either ground mounted or on side elevations. 6.9 There were elements of the design that officers had concerns over, but the submission of amended plans has largely addressed these (the addition of timber lintels to some of the dwellings; greater number of chimneys added; bay windows omitted; stone cills omitted and replaced to brick or tile; ground-floor windows made less deep; front doors amended to a cottage style; omission of small side lights to some dwellings; more frontage to Whittlebury Road; provision of pedestrian access point to Whittlebury Road). However, further amendments have been requested to some of the house types (namely the addition of further chimneys; simplified window treatments as the majority have too many glazing bars; a reduction in size of some of the windows; the improvement of the window arrangement to some of the gables; the reduction in the number of rooflights; omission of small square ground-floor windows either side of front doors). 6.10 Amendments have also been requested to the materials (to increase the number of stone properties; the stone properties to be natural stone rather than reconstituted; improvement to roofing materials to be natural or at least good imitation slate and plain clay tiles, rather than the concrete tiles currently proposed; and improvements to the surfacing materials for the private drives). The recommendation of approval is based on receipt of these amended plans. 6.11 AFFORDABLE HOUSING: As detailed at para 4.8 above, whilst the development delivers 40% affordable housing comprising a mix of property types and tenures which meets the identified housing need, the pepper potting of the affordable units across the development does not meet the SPG requirements of no more than 10 units grouped together (there are 15 in the northern corner of the site and 5 in southern corner). The applicant stated that this was due to the financial viability of delivering the site, particularly as they are intending to bring the scheme forward without recourse to public subsidy. Following assessment of the financial viability through the Three Dragons model, the Strategic Housing Team is satisfied that further pepper-potting of the affordable units would be very likely to further compromise viability of the site. 6.12 In light of the above, and following discussions with the Strategic Housing Team and Planning Policy, it is considered that whilst lack of proper pepper-potting might be a cause for more concern on larger sites with lower densities, there are restricted options on this higher density and more compact scheme (even if in two groups of ten, they would still be close to one another). However, despite this it has still been possible, notwithstanding the viability issues, to achieve two groups of affordable units, rather than having them all in one location, and also to provide 40% affordable housing comprising a mix of property types and tenures which meets the identified housing need, all without grant funding. As such, overall the affordable housing element of the scheme is considered acceptable for this development. 6.13 HIGHWAY SAFETY: A formal response to the latest layout is awaited from County Highways at the time of writing this report, however, the layout has been based upon the comments NCC Highways have made. As such, it is likely that NCC will raise no objections to this proposal in highway safety terms. NCC have been insisting on a set distance away from the mini-roundabout, suitable road alignment 156 ___________________________________________________________________________ ____ within the site, dimensions of roads, pavements, radii, service strips and the provision of a pedestrian access to the Whittlebury Road. 6.14 Nearly all of the houses have two dedicated parking spaces, but all of the apartments have just one parking space. This equates to the provision of, on average, 1.75 spaces per dwelling which is considered appropriate in this instance, given the mix of properties. 6.15 NEIGHBOUR AND RESIDENTIAL AMENITY: The neighbours that would be most affected by this development are those of The Paddocks to the north, and Nos. 8290 Kingsley Road to the east. In this instance given the distance away from the these boundaries of the proposed houses and the location of windows, coupled with the mature vegetation along these boundaries and the distance away of the neighbouring properties themselves, it is considered that the proposed development would not adversely impact upon the neighbouring properties by reason of loss of light, privacy or be overbearing upon them. 6.16 With regards the amenities of future occupiers of the development itself, the distance between properties is largely acceptable across the development. There is a close relationship between a couple of plots of overlooking to garden areas and amendments have been requested to overcome these issues. The units that are proposed to back onto the northern boundary have gardens that could be dominated by the mature trees that oversail the application site, resulting in potentially dark gardens and dark properties, this has also been raised with the agent. 6.17 LANDSCAPING: All the mature trees and hedging which bound the site are to be retained as part of the development and protected during construction. Additional landscaping proposed within the site is appropriate to context. 6.18 FLOODING AND DRAINAGE: The issues at the outline stage relating to the capacity of the drainage system to accommodate additional foul flows has been resolved prior to the submission of this application. Following improvements elsewhere in the system, capacity has been created to deal with the foul flows arising from this development. Conditions attached to the outline require the submission of drainage details prior to commencement of development. The Environment Agency have raised no objection to this development. Both the EA and Anglian Water would be consulted on the drainage details submitted pursuant to the conditions on the outline. 6.19 OTHER MATTERS: The third party has requested that a financial contribution is required to provide a footpath from the village to the recreation ground. However, this was considered on both the granting of the outline on this site as well as the full planning permission granted for adjacent site where it was considered that it was unreasonable for these developments to fund this highway improvement as the developments in themselves would not make an existing situation worse. 7. CONCLUSION 157 ___________________________________________________________________________ ____ 7.1 In light of the above assessment the application is recommended for approval subject to the receipt of amended plans in line with the suggested improvements detailed at paras 6.4, 6.9 – 6.10 and 6.16. 8. REASON FOR APPROVAL 8.1 Pursuant to Section 38 of the Planning and Compulsory Purchase Act 2004, the proposed development complies with policies G3, EV1, EV19, EV21 and IMP1 of the South Northamptonshire Local Plan, the government guidance within PPS1 Sustainable Development, PPS3 Housing, PPS7 Sustainable Development in Rural Areas and PPG13 Transport; and to the Council’s Supplementary Planning Guidance ‘Residential Design in the Countryside’. The impact on the character of the area, neighbour amenity, traffic movements, and landscaping have been considered and there are no sound reasons for the refusal of planning permission. 158 159 ___________________________________________________________________________ ____ Item No 011 Application Number : S/2010/0703/FUL Parish : Silverstone Case Officer : Maria Philpott Applicant : Mr D Hale Location : Plot 4 Murrell Court West End Silverstone Description : Dwelling with detached garage Recommendation - Approval Conditions :1. B1 Statutory time limit 2. The development shall not be carried out otherwise than in complete accordance with the approved plans 3121/W1 A received on 28th July 2010, unless a non-material amendment is approved by the Local Planning Authority under the Town and Country Planning (General Development Procedure) (Amendment No3) (England) Order 2009. 3. Details confirming the external facing and roofing materials for the dwelling and garage hereby approved shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any development on site. 4. K11 Reference panel of stonework/brickwork required 5. Full details of the siting and appearance of any electricity or gas supply meter housings to be located on the external elevations of the buildings, shall be submitted to and approved by the Local Planning Authority, prior to construction of the buildings above slab level. The development shall thereafter be carried out in accordance with the approved details. 6. C9 Maintenance of planting (full and outline applications) 7. H3 Exclusion of extensions and windows - single dwelling 8. I14 Floodlighting/security lighting prohibited without consent 9. Before the dwelling hereby permitted is occupied the shared access shall be laid out so as to achieve visibility splays of 40 metres x 2 metres back along the centre line of the access measured along and from the near edge of the carriageway. 160 ___________________________________________________________________________ ____ 10. Before the dwelling hereby permitted is occupied the areas of land bounded by the visibility splays and the kerb or channel line of the public highway shall be cleared of all obstructions and levelled and maintained at a height not exceeding 0.9 metres above the adjacent highway level. 11. The width of the shared drive shall be a minimum of 4.5 metres for a distance of 10 metres (minimum) measured from the near edge of the highway carriageway. 12. All windows and doors shall be of timber construction and painted white or off white, unless otherwise approved in writing by the Local Planning Authority. 13. The garage and first floor accommodation above the garage hereby permitted shall be used as ancillary accommodation in connection with Plot 4 Murrell Court only and shall not be converted to an independent residential unit. 14. Details of the design and materials for the external staircase to the garage shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any development on the garage. The development shall thereafter be completed in accordance with the approved details. 15. The bathroom window on the northern elevation and the secondary bedroom window on the south elevation shall be provided with obscure glazing before the house is occupied and shall be retained in that manner at all times. 16. J17 Cast iron or aluminium rainwater goods required 17. J17 Cast iron or aluminium rainwater goods required Reasons :- 1. RB1A 2. RB1A 3. RK2 4. K11 Reference panel of stonework/brickwork required 5. In the interests of visual amenity. 6. RC5 7. To protect neighbouring residential amenities and having regard to the constrained nature of the site. 8. To protect neighbouring residents from overspill light pollution. 9. To accord with South Northamptonshire Local Plan policy G3 (B) which 161 ___________________________________________________________________________ ____ requires that new development shall have a satisfactory means off access and in the interests of highways safety and the convenience of users of the adjoining highway. 10. To accord with South Northamptonshire Local Plan policy G3 (B) which requires that new development shall have a satisfactory means off access and in the interests of highways safety and the convenience of users of the adjoining highway. 11. To accord South Northamptonshire Local Plan policy G3 (B) which requires that new development shall have a satisfactory means off access and in the interests of highways safety and the convenience of users of the adjoining highway. 12. In the interests of visual amenity. 13. To clarify the terms of this permission as an additional unit of residential accommodation is not acceptable in this location. 14. In the interests of visual amenity. 15. In the interests of residential amenity S/2010/0703/FUL WARD : WARD MEMBER : Silverstone Cllr Dermot Bambridge 1. INTRODUCTION 1.1 The application site comprises Plot 4 of a development plot of four houses within Silverstone, located on the outer edge of the village in West End. Planning permission has previously been granted on appeal for the development of the site for four houses in 2002, 2003 and 2006 (see below). The development plots have since been sold off individually and 2 of the properties are now constructed and occupied (plots 1 and 2). Plot 4 occupies the position at the front of the site and therefore has a direct frontage to West End. 1.2 The site is located within a Special Landscape Area and within a designated archaeological asset site. The village confines line is drawn through the development site, though Plot 4 is largely positioned within the village confines. 2. PLANNING HISTORY 2.1 S/2001/0677/PO – Outline consent for 4 dwellings - Allowed on appeal in June 2002 2.2 S/2002/1605/PR – Reserved matters application to S/2001/0677/PO – allowed on appeal in November 2003 2.3 S/2006/0372/PR – Amended scheme to S/2002/1605/PR for changes to the house types of Plots 1 and 3, alteration to the boundaries within the site and repositioning 162 ___________________________________________________________________________ ____ of the garage to Plot 4 but submitted as a full revised application to effectively superseded the above two applications – approved in April 2006 2.4 Subsequently to the principle being established above a number of further applications have been submitted for each house type as the plots have been sold off independently as follows: 2.5 S/2007/0982/P – Revision to Plot 2 – approved in August 2007 2.6 S/2008/0857/P – Revision to Plot 3 – refused in July 2008 2.7 S/2008/1204/P – Revision to Plot 1 – approved in October 2008 2.8 S/2009/0643/P – Revision to Plot 3 – approved in September 2009 3. PROPOSAL 3.1 The proposal seeks an amendment to planning permission S/2006/0372/PR in respect of Plot 4 relating to the following: 3.2. repositioning of the rear projection of the dwelling by bringing it approximately 2.5m nearer to No. 62 West End resulting in a change to the form from a ‘T-plan’ to an ‘Lplan’ 3.3. the repositioning of the remainder of the house closer to No. 62 West End by 800mm 3.4 conversion of the first floor above the garage to provide a studio with roof lights and an external staircase 3.5. insertion of additional dormer to front elevation of main dwelling 3.6. erection of a single storey utility room in the corner of the ‘L’ part of the dwelling 3.7. alterations to the fenestration including the insertion of additional windows to the rear and side elevations and change to the design to make the window design consistent throughout 4. CONSULTATIONS 4.1 Silverstone Parish Council: No objections but provided comments as follows: The Council has serious concerns that the permission is likely to be given for a bungalow to be replaced by a three storey property as it has previously expressed the view that these are out of keeping with other village properties. 4.2 Third Parties: 1 letter of objection received from 62 West End on the following grounds: 1) the house is now centred on the site putting the whole building closer to the boundary; 2) direct overlooking from the proposed studio above the garage by way of dormer windows. 5. POLICY 163 ___________________________________________________________________________ ____ 5.1 Planning Policy Statement 1: Delivering Sustainable Development 5.2 Planning Policy Statement 3: Housing 5.3 South Northamptonshire Local Plan: G3 (general criteria), H5 (housing in restricted infill villages), H6 (housing in the open countryside), E1 (design) and EV7 (special landscape areas) 5.4 SPG: Residential design in the countryside 6. APPRAISAL 6.1 The main issues in the determination of this application are as follows: Principle Design Residential amenity Impact on the Special Landscape Area Highway Safety and parking Principle 6.2 Whilst the application site is part located in open countryside, the large part of Plot 4 is still contained within the village confines. In any case, planning permission already exists for the complete development of the site, part of which has already been completed (plots 1 and 2). Therefore whilst work on the application site (plot 4) has not yet commenced, implementation of the development has begun. The fallback position is therefore that the plans approved under S/2006/0372/PR can still be implemented. A consideration of whether the proposed amendments are considered to be acceptable is therefore appropriate in this case. Design 6.3 The repositioning of the rear projection (point 1) is to allow for more useable space in the rear garden, rather than having the rear projection centred. In design terms this is considered to be acceptable and does not detract from the overall design of the proposed dwelling. Likewise the repositioning of the remainder of the house (point 2) does not result in any design changes and the inclusion of a small utility room (point 5) is also considered acceptable and will be in keeping. 6.4 The conversion of the garage into habitable space (point 3) does not result in any significant design changes. The inclusion of the roof lights and the erection of an external staircase are considered to continue to be in keeping. A condition will be imposed in respect of the design and materials of the external staircase as timber would be the preferred design option as there are other examples of this in the vicinity. 6.5 The insertion of an additional dormer window in the front elevation (point 4) will still 164 ___________________________________________________________________________ ____ be in keeping with the overall design. The alterations to the fenestration (point 6) relate to a couple of glazed doors at ground floor level (south and west elevations) including fixed glazed panels to the sides which is considered to be a minor alteration. The insertion of additional windows (point 6) to the north and south (side elevations) and are minor alteration which will not impact upon the overall design. 6.6 The applicant also wishes to reduce the number of glazing bars to the windows (point 6) at the front and increase them on all the remaining elevations so that 4 pane sash windows will be provided to the whole dwelling (rather than 6 to the front) to make the design consistent on all elevations. Officers consider this to be acceptable on the basis that there are a variety of examples in close proximity to the site. 6.7 The dwelling is to be erected in limestone with a slate roof although precise materials are still under discussion with the agent at the time of writing the report. Residential Amenity 6.8 In respect of Point 1 above, whilst this does result in the rear projection moving closer to No. 62 West End reducing the gap from 6m to 3.5m at its shortest, the rear projection is adjacent to the side elevation of No. 62 where there are no first floor windows and no principal windows to the ground floor. Whilst the dwelling extends slightly beyond the rear of No. 62, this is only by 2m and coupled with the distance from No. 62 does not result in the breach of any 45o sight lines from No. 62. On this basis it is therefore considered that the repositioning of the rear projection is acceptable. 6.9 In respect of Point 2 above, the remainder of the house is to move 0.8m closer to the neighbour at No. 62 West End. This does now result in a slight breach of the 45o line from the neighbour’s front windows, but the impact of this in terms of loss of amenity to No. 62 is considered to be minimal. 6.10 The plans have been amended in respect of Point 3 above to address the neighbour’s concerns regarding overlooking. The original plans proposed dormer windows on the east elevation of the garage facing into the garden of the proposed dwelling. However, officers shared the concerns of the neighbour that this would create direct overlooking into the garden of No. 62. The amended plans now only propose roof lights on the opposite elevation facing towards the public realm areas of Plots 2 and 3. The roof lights will also be set at a high level and so overlooking will no longer be possible in any direction. 6.11 The insertion of the dormer to the front (point 4) and the new utility (point 5) together will the minor alterations to the fenestration (point 6) will not create any loss of residential amenity. The new windows proposed (point 6) include one at first floor level on the north elevation and one at first floor level on the south elevation, however these serve a bathroom and a secondary window to a bedroom respectively and therefore both will be conditioned to be obscure glazed. Special Landscape Area 6.12 None of the design alterations proposed will have any impact of the character and 165 ___________________________________________________________________________ ____ appearance of the Special Landscape Area. Highway Safety and Parking 6.13 Plot 4 will be accessed via a private drive serving the other plots on the development. A gated entrance to the dwelling is located to the rear of the site and together with the garage there are ample parking facilities. 7. CONCLUSION 7.1 The minor alterations to the design of the house type for Plot 4 are considered to be consistent with the original approved design and the other dwellings on the site and the alterations do not create any significant loss of amenity to nearby residential occupiers. 8. REASON FOR APPROVAL 8.1 Pursuant to Section 38 of the Planning and Compulsory Purchase Act 2004, the proposed development complies with the applicable development plan policies and adopted supplementary planning guidance. The design is in keeping with the character of the area and does not detract from the appearance of the Special Landscape Area. None of the alterations proposed will create a significant loss to residential amenities. There are no other material considerations that would constitute sustainable grounds for refusal. 166 167 _______________________________________________________________________________ Item No 012 Application Number : S/2010/0741/MAF Parish : Silverstone Case Officer : Andrew Longbottom Applicant : Mr D Mee Location : Silverstone Circuits Ltd Silverstone Description : Two storey B1/B2 commercial building with car parking, office, workshop and research areas Recommendation - Approval Conditions :1. B1 Statutory time limit 2. The development shall not be carried out otherwise than in complete accordance with the approved plans, drawing numbers 1163/P001 A, 1163/P002 A, 1163/P003 A, 1163/P004 A, 1163/P005 B, 1163/P007 A, 1163/POO8 AND 1163/P009 which were received by the Local Planning Authority on the 18 June 2010, unless a nonmaterial amendment is approved by the Local Planning Authority under the Town and Country Planning (General Development Procedure) (Amendment No3) (England) Order 2009. 3. No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. 4. C9 Maintenance of planting (full and outline applications) 5. Prior to the commencement of works on site a travel plan shall be submitted to and be agreed in writing with the Local Planning Authority in consultation with the Highways Agency. The travel plan shall thereafter be implemented prior to the first occupation of the building hereby permitted and the provisions of the travel plan shall thereafter remain in force. 6. Notwithstanding the submitted plans further details of the proposed extent of the works to be carried out in the first and second phases of development shall be submitted to and be approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved scheme. 7. The premises shall be used for B1 and B2 uses as defined in the schedule to the Town and Country Planning (Use Classes) Order, as amended, 1987 (or any order revoking and re-enacting that order) and in connection with motorsport only and for no other purpose whatsoever. 8. Prior to the commencement of works on site further details of the proposed 168 _______________________________________________________________________________ boundary treatments for the site shall be submitted to and be approved in writing by the local planning authority. 9. F18 Surface water from vehicle parking areas 10. Notwithstanding the submitted details, prior to the commencement of works on site representative samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be implemented in accordance with the approved details. Reasons :- 1. RB1A 2. To define the permission. 3. RC1 4. RC5 5. To ensure that sustainable form of transport are used to access the development. 6. To ensure a satisfactory phasing of the development. 7. To ensure that the development complies with the adopted Council planning policies. 8. To ensure a satisfactory standard of development. 9. RF14 10. RK2 S/2010/0741/MAF WARD : WARD MEMBER : Silverstone Cllr Dermot Bambridge 1. INTRODUCTION 1.1 The site is a 1.5 hectare area of level land located within the Silverstone race circuit complex. The site is currently divided by a tall leylandii hedge running north south through the site, to the west of the hedge is a compound and a parking area and on the east side of the hedge is a grassed area and two mature oak trees. 1.2 To the east of the site is the race circuit and to the north, west and east of the site are single storey and two storey grey/silver clad commercial building associated with the automotive industry. Access to the site is via a wide two lane access road to the north of the site. 2. PLANNING HISTORY 169 _______________________________________________________________________________ 2.1 All the planning history relating to the site is prior to 2000 and is not directly relevant to the determination of this application 3. PROPOSAL 3.1 The application is for full planning permission for the erection of a two storey light industrial and general industrial building to be constructed in two phases. The building would create a total of approximately 3100 square metres of commercial floor space. Approximately one quarter of the building is proposed to be used for the Ducati race team for workshop, research and office use employing 25 people. The unit will also include a small amount of retail/meeting and promotional use. The remainder of the building could be split into smaller units or have a single occupier but would have a similar use. 3.2 The building is proposed to be located on the eastern boundary of the site with parking and turning located to the north, west and south of the site, a total of 67 parking spaces are to be provided. The compound also includes turning areas for HGV’s and motor cycle and bicycle parking. Small areas of landscaping are proposed within the development and on the boundary. The development would result in the loss of the mature oak trees on the site. 3.3 The building would be of standard steel frame construction with clad walls and a very shallow pitched metal roof. The building is proposed to be 83 metres in length, 23 metres in width and 7.3 metres in height to the ridge. 3.4 The first phase of the development would be to construct the most northerly quarter of the building as the developers already have a prospective tenant for the building. Then construct the remainder of the building when the requirements of the future tenants are known. 4. CONSULTATIONS 4.1 SILVERSTONE PARISH COUNCIL: No objections 4.2 ENVIRONMENT AGENCY: No response received to date. 4.3 ANGLIAN WATER: No response received to date 4.4 NCC ARCHAEOLOGY: No objections 4.5 HIGHWAYS AGENCY: No objection, however requires that a condition be added to any planning permission requiring the submission and implementation of a travel plan. 4.6 LOCAL HIGHWAY AUTHORITY: No observations 4.7 SNC ECONOMIC DEVELOPMENT: Supports the application as it would create additional jobs in the district. 4.8 ARBORICULTURAL OFFICER: The trees have little amenity value as they are not clearly visible from outside the circuit and therefore do not meet the tests for tree preservation orders. Therefore considers while the loss of the trees is regrettable but there are no planning reasons for their retention. 4.9 POLICE CRIME PREVENTION DESIGN ADVISOR: No objections however makes the following comments: (i) the perimeter of the circuit offers limited security, (ii) 170 _______________________________________________________________________________ bollards should be specified and installed to British standards, (iii) high quality rollers shutters need to be used, (iv) consideration should be given to reinforcing the metal cladding walls. 4.10 AYLESBURY VALE DISTRICT COUNCIL: No objections 5. POLICY 5.1 Policies G2, G3, E3, EV1, EV2, EV21 and RE1 of the Saved South Northamptonshire Local Plan are considered to be relevant and relate to development in the open countryside, design and scale, access, expansion of existing commercial uses, loss of landscape features, and development within Silverstone. 5.2 South Northamptonshire Council and Aylesbury Vale District Council have also jointly adopted a Silverstone Circuit Master Plan in February 2009 which is a material planning consideration. 6. APPRAISAL 6.1 The main issues in the determination of the application are The principle of development The phasing of the development The design of the building The vehicular access to the site The removal of the mature trees The outstanding responses The principle of development 6.2 Policy RE1 of the Local Plan states that proposals for industrial and commercial development directly connected with motor racing located at the circuit would be generally supported. In addition one of the objectives of the master plan is to enhance and strengthen Silverstone circuit as the centre of automotive and high technology excellence for the UK and the proposed development assists in achieving this objective. 6.3 The Master plan does allocate the site for development for a mixed use and manufacturer display zone and is allocated for the second phase of development between 2012 and 2018. 6.4 As such the principle of the building does accord with the provisions of policy RE 1 and broadly the use allocated for the site in the master plan. Although the site is not identified for development until phase 2 I do not see any planning reason why the earlier development of the site would be problematic. The policy of the local plan and the master plan do state that development on the site is only acceptable if it is related to motorsport and therefore any planning permission granted would need a condition restricting the use of the unit to motorsport, as have previous permissions for commercial units on the site. 171 _______________________________________________________________________________ The phasing of the development. 6.5 The applicant is intending to construct the northern quarter if the proposed building under a phased implementation of the construction and the remainder of the building will be constructed at an unspecified future date once other tenants have been secured. Whilst this is not an orthodox approach to such a development I do not see any particular harm associated with this approach, furthermore there is a good argument for a more flexible approach to application that result in high quality jobs being brought into the district in times when the economy is need of assistance. The design of the building 6.6 The building is of standard construction and is the type of building that can be found on almost any industrial estate. The master plan for Silverstone gives the design of buildings on the site a high priority and states that they should be high quality and in terms of image and architectural style. In this case I do not consider that the design of the building achieves those objectives. However, there are adjacent industrial units to the south west of the site and the north east of the site built to a similar design and using similar materials, on site I consider that this development feels like a continuation of these small estates. Furthermore there will be no direct views of the building from the public domain, the views either being screened by existing buildings or hedgerows and trees. I consider that the design of the building is therefore not objectionable in this case, however each case has to be judged on its own merits and I do not consider that any approval on this site will set a precedent for other developments on the wider Silverstone site. The vehicular access to the site 6.7 Both the Local Highway Authority and the Highways Agency have not objected to the application. The Highways Agency have directed a condition requiring a green travel plan to be submitted and agreed and I consider this is reasonable. The removal of the mature trees 6.8 There is a mature oak tree located adjacent to the entrance to the site and other located on the eastern boundary of the site both of which would be felled as part of the scheme. The larger of the two is located adjacent to the access and given the access point it would not be possible to save the tree. The tree, if retained would also impede access to the proposed unit. Both trees could be saved however, if a new access would be provided and less development is proposed for the site, whilst this could be possible, the Council has to determine the application that has been submitted. Given that the Arboricultural Officer has commented that the trees are not worthy of a tree preservation order, I do not consider that the Council can object to the application on grounds that the development would result in the loss of mature trees. 6.9 The outstanding responses 6.10 I am still currently waiting for responses from Anglian Water and the Environment Agency and I will update members on the responses and any implications prior to the meeting. 7. CONCLUSION 172 _______________________________________________________________________________ 7.1 The application accords with the policies of the South Northamptonshire Local Plan and the broadly the proposed land uses for the site as stated in the Silverstone Masterplan. I do not consider that the site coming forwards for development sooner than expected creates any problems. Whilst the design of the building is utilitarian I think it is in keeping with the neighbouring buildings. The proposed loss of the trees is unfortunate, however is not objectionable in planning terms. 8. REASON FOR APPROVAL 8.1 The application accords with the policies of the development plan and will provide additional high quality jobs within the district. The Local Planning Authority has considered the principle, the design, the siting, the materials, the visual impact and landscaping, the impact on the character of the area and the felling of the trees on site and the application is considered satisfactory in planning terms. 173 174 ___________________________________________________________________________ ____ Item No 013 Application Number : S/2010/0841/OUT Parish : Deanshanger Case Officer : Suzanne Groves Applicant : Mr Duncan Wigley Location : Land adjacent to 60 Northway Deanshanger Description : Pair of semi detached houses (Outline) Recommendation - Approval Conditions :1. A1 Statutory time limit 2. A3 Reserved matters 3. D1 Parking required - residential 4. E25 Single driveway-gradient and surfacing 5. E31 Set-back of garage 6. C9 Maintenance of planting (full and outline applications) Reasons :- 1. RA1 2. RA3 3. RD1 4. RE10 5. RE15 6. RC5 S/2010/0841/OUT WARD : WARD MEMBER : Deanshanger Cllr David Aaronson & Cllr Allen Walker 175 ___________________________________________________________________________ ____ 1. INTRODUCTION 1.1 The application site is the site of the former water tower, an area of paved, vacant land covering 0.04 hectare, accessed off North Way. The site has a wide street frontage and narrows to the rear. To the north of the site is a pair of semi-detached houses and to the south of the site a row of terraced houses, in brick and tile. Opposite the site there are two detached dwellings. 1.2 Part of the site is currently used for the parking of vehicles as there is a high level of on street parking in this area. 2. PLANNING HISTORY 2.1 Outline permission has previously been granted for residential development (S/1998/0994/PO, S/2003/0561/PO & S/2006/0676/PO refer). The most recent approval for residential development expired in June 2009. 3. PROPOSAL 3.1 This application seeks consent for the erection of a pair of semi detached properties with all matters reserved. 4. CONSULTATIONS 4.1 DEANSHANGER PARISH COUNCIL: Object to the application. Comment that the area gets congested with on street parking, previous off road parking site was sold for housing, and indicative plan shows the proposed dwellings closer to the highway than No.60. 4.2 NCC HIGHWAYS: Comments still awaited. An update will be given at the meeting. 4.3 VILLAGE HERITAGE SOCIETY: No objection in principle. Comment that the design of the dwellings would appear improved if chimneys were added to either end. Also concerned that one driveway is located on a bend and could be dangerous to road users. 4.4 THIRD PARTIES: 5 letters of objection received from local residents. Concerned about the increase in on street parking following the loss of this land for informal parking and problems and dangers associated with such a high level of on street car parking. Also concerned the new dwellings will increase the parking problems further. Several comments relating to the position of one of the drives on the bend and potential dangers of this. 5. POLICY 176 ___________________________________________________________________________ ____ 5.1 This application falls to be considered in the light of saved policies G2 (location of new development), G3 (general development strategy), and EV1 (design) of the South Northamptonshire Local Plan (SNLP). 5.2 PPS1 is also relevant in this instance. 6. APPRAISAL 6.1 The main issues arising from this application are: The principle of the development and the changes to the planning policy framework since the last approval. The impact of the development on the character and appearance of the locality and residential amenity. Highway safety and parking matters 6.2 THE PRINCIPLE OF THE DEVELOPMENT AND CHANGE TO PLANNING POLICY. Since the previous approval of outline planning permission in 2006, the Regional Spatial Strategy has been revoked. There is no specific saved policy in the local plan relating to Deanshanger, but the site is clearly located within the built up limits of the village and is surrounded by residential development. In the context of the Interim Rural Housing Policy the village is classed as one of the more sustainable locations in the district, as Deanshanger is one of the district’s largest villages with one of the best ranges of facilities and transport links. The principle of this development is therefore considered acceptable. 6.3 Significant weight must also be given to the previous planning approvals, particularly S/2006/0676/PO. The circumstances of the site have not significantly altered since this permission was granted and it is therefore considered reasonable to recommend approval of the application with similar conditions as previously imposed. 6.4 THE IMPACT OF THE DEVELOPMENT ON THE CHARACTER AND APPEARANCE OF THE LOCALITY AND RESIDENTIAL AMENITY. Whilst the application is in outline form with all matters reserved, this application has specifically proposed a pair of semi detached dwellings, whereas previously no number or type of dwellings has been specified. Also provided is an illustrative plan showing a potential arrangement for these dwellings. It is considered that the site could accommodate this level of development without undue harm to the character of the area or to the amenities of the immediately adjacent dwellings. The type of dwellings being semi detached in nature would be characteristic of this estate location where many of the dwellings are semi detached in character, and could be designed to be in keeping with the appearance of the locality generally. It is also considered that the proposed dwellings could achieve sufficient amenity space and parking provision. The relationship with adjacent dwellings is such that an appropriate scheme could be put forward at reserved matters stage that would not cause serious harm to residential amenity. 6.5 HIGHWAY SAFETY AND PARKING MATTERS. 177 It is considered that these ___________________________________________________________________________ ____ additional dwellings would not result in any significant reduction in highway safety as off street parking could be provided for the proposed development and further negotiation over the location of the second driveway could be entered into as part of any reserved matters submission. At the time of writing the report, comments were still awaited from the County Highways Officer, although they have raised no objections to previous applications subject to conditions. Furthermore, although this land is presently used for parking by local residents, this is an informal arrangement that could be terminated and therefore it is considered that the loss of the parking is not a material planning consideration in this case. 7. CONCLUSION 7.1 The proposed development would be in keeping with the scale and type of development in the surrounding area and would not be detrimental to residential amenity or highway safety, or result in a significant increase in on-street parking in this case. 8. REASON FOR APPROVAL 8.1 The proposed development adheres to current local planning policy and general government guidance, and benefits from previous planning approvals for residential development. The proposed development would be in keeping with the scale and type of development in the surrounding area and would not be detrimental to residential amenity or highway safety or result in a significant increase in on-street parking, and there are no other material considerations that would constitute sustainable grounds for refusal in this case. 178 179 _______________________________________________________________________________ Item No 014 Application Number : S/2010/0902/CW Parish : Towcester Case Officer : Andrew Longbottom Applicant : South Northamptonshire Council Location : Moat Lane Towcester Description : West Northamptonshire Development Corporation consultation on the regeneration of Moat Lane/Northampton Road, including new build and change of use for shop, cafe, drinking, workshop uses; offices, council building, hotel, dwellings, new public realm works and decked car park Recommendation to WNDC that application be approved subject to the following comments: 1. Any planning permission granted should make it clear that it is not giving planning permission for the upper limits of the floor spaces, specified in the application, to be achieved and that the scale and massing of the buildings are reserved matters. 2. The section S106 agreement needs to ensure that 40% affordable housing is delivered across the site unless it can be demonstrated that this will affect the viability of the scheme (when a lower provision could be negotiated). 3. In relation to affordable housing the S106 also needs to include the following provisions A phasing plan, including timescales for the development and infrastructure provision. An Affordable Housing Scheme which shall include details of: The numbers, type, tenure, external appearance and location on the land of the Affordable Housing Units The timing of their construction and phasing in relation to the Market Housing Units. The arrangements for the transfer of the affordable housing to an Affordable Housing Provider The arrangements to ensure that the Affordable Housing Units are affordable for both initial and subsequent occupiers of the Affordable Housing Units. 180 _______________________________________________________________________________ Occupancy criteria for determining the identity of occupiers of the Affordable Housing Units and the means by which such occupancy criteria shall be enforced. 4. The Council’s Strategic Housing division needs to be consulted on the wording of any S106 agreement. 5. Car parking for the development should be provided in accordance with the maximum amount allowable under the adopted NCC standards and any deviation away from the standard shall only be allowed for legitimate planning and highway engineering reasons. 6. The number of car parking spaces proposed needs to take into account the loss of the existing parking spaces on the Northampton Road car park. 7. There should be a pedestrian crossing to serve the decked car park across Northampton Road as part of the development. 8. The development need to include a developer contribution of £30,000 towards a scheme of air quality mitigation. 9. The application needs to clarify the impact of noise from the increase in traffic on Northampton Road and from movements to and from the new car park. 10. Conditions need to be placed on any planning permission issued which require the following An intrusive investigation into land contamination on the site and require remedial action if any pollutants are discovered. Details of measures to control noise dust and emissions during construction of the development. Restricting the hours for delivery to commercial premises to 07:30 to 18:00 on week days and 08:00 to 13:00 on Saturdays and no times on Sundays or bank holidays. The reserved matters application needs to provide details of the operating hours of the proposed commercial premises. Detail of the proposed soundproofing of the proposed dwellings to be submitted and approved. A scheme for the treatment of noise and vibration from plant and equipment to be submitted and approved. 181 _______________________________________________________________________________ S/2010/0902/CW WARD : WARD MEMBER : 1. Towcester Mill Cllr Mrs Mary Clarke & Cllr A Grant INTRODUCTION Site description. 1.1 The site is 2.74 hectares of land located to the rear of the existing properties on Watling Street, including frontage properties between 36a and the Wayside Garage site fronting onto Watling Street. The site also includes the Wayside Garage buildings fronting onto Northampton Road and the Northampton Road car park to the rear of 146 to 158 Watling Street. The land up to the mill stream defines the north eastern boundary of the site and Chantry Lane defines the south east boundary of the site. 1.2 Within the site area are a considerable number of different planning uses including retail, professional services, health care, offices public houses, warehousing, dwellings, car parking, motor vehicles sales and repair and public leisure uses. Bury Mount is also included within the red line area of the site. 1.3 The Moat Lane area is located within the core of the mediaeval/post mediaeval market town of Towcester, and may be related to the walled centre of the Roman town of Lactodurum, which was refortified in the late Saxon period. The site includes Bury Mount, the remains of a Norman fortification designated as a Scheduled Ancient Monument. It is thought to have been constructed in the late 11th or early 12th centuries and probably controlled the mediaeval road to Northampton, which formerly continued the line of Chantry Lane across the River Tove. Records indicate the first Norman layout of St. Lawrence church as the basis of the present day building in 1170-1200, indications of a market in the town from 1220, and establishment of the water-mill by 1317. 1.4 Bury Mount was altered during the English Civil War, when the parliamentary army was billeted in Towcester prior to its march to Naseby where the royalist forces were defeated. Following the civil war, Towcester developed as an important coaching town on routes from London to the north-west of England and Holyhead, and from Oxford to Northampton. This period strongly influenced the appearance and character of the town, with the development of numerous coaching inns such as the Saracens Head. 1.5 Although the establishment of railways in the 19th century had a major impact on the stagecoach system, Towcester remained and developed as an important service centre for its agricultural hinterland. As a measure of this, in 1865 The Town Hall & Corn Exchange was built at a cost of £3,600. There has been steady expansion of the town through the 20th century, but this gradual trend could be greatly accelerated by proposals to build 3,000 new dwellings in the south of the town. 1.6 The present day town reflects the mediaeval form of the settlement. It is characterised by the historic development pattern of long, narrow burgage plots fronting onto Watling Street. Narrow fronted mediaeval buildings were sited right on 182 _______________________________________________________________________________ the street, while long plots extended behind them providing outbuildings, workshops, animal housing and kitchen gardens to support the household. Because frontage was highly valued, access into the plots was through narrow breaks in the frontage, and in places development has subsequently bridged over these access points to create a continuous building line with carriage arches off the street for the coaching inns. Bakers Lane continues to connect right through to the area behind the burgage plots, while Whittons Lane leads into a private yard, and this ‘alley and yard’ combination is quite typical of the urban character, especially for the inns. 1.7 Moat Lane forms a ‘back lane’ running parallel to Watling Street and providing rear access for plots fronting Watling Street. On Moat Lane there are a number of single or two storey buildings in stone or red brick, some older outbuildings relating to the town burgage plots and others of 19th or 20th century origin, housing a mix of domestic and commercial uses. The pattern is not fully developed into a continuous built frontage, but the rhythm of the burgage plots is still evident and important to the character of the lane. The main uses or properties include Anchor House (Volunteer Centre) and private dwellings, including a number of flats. 1.8 A discrete group of stone buildings occupies the area around Towcester Mill, and forms a distinctive part of the regeneration area, separated by the narrowing of Chantry Lane where it passes between a high boundary wall and the churchyard wall. The space between these buildings is broad in comparison to the tight character of Moat Lane. The height of both the mill buildings and trees behind them in the adjacent landscape areas of Easton Neston Historic Park and Garden and St. Lawrence churchyard helps contribute to a sense of containment. 1.9 The frontages of the market place and Watling Street include historic two and three storey buildings in a variety of architectural styles, and they contain a street space of great character. Most of these buildings are listed. By contrast, Northampton Road lacks scale and distinctiveness. Its character derives from its former status as a trunk road, dominated by highway engineering and the former garage and showroom, which occupy a prominent position. 1.10 Bury Mount is an earthwork motte castle, situated in what would, in earlier times, have been a key strategic position overlooking the Northampton Road. Bury Mount is of national importance, being a well-preserved example of a small round motte castle in an urban location. Prior to the purchase of the mount by SNC, the motte was falling into decay. Concern was expressed that the periodic decay and falling of the trees which were planted on the motte was leading to accelerated loss of archaeological remains, and this was being exacerbated by casual access to the site by members of the public, and the SAM was placed on English Heritage’s ‘at risk’ register. A full archaeological investigation of the site was undertaken for the first time in summer 2007, to enable proposals to be developed for the preservation, management and interpretation of the motte. Then, in 2008 following a landscape design competition, plans were prepared for the restoration of the mount to facilitate public access and enjoyment of it. The proposals received the consent of the DCMS, as required, and planning permission from SNC, and were completed in April 2010. 1.11 The main part of the site is served by Moat Lane, which is accessible by vehicles from Watling Street via Chantry Lane. The access is narrow and provides no through route, so that vehicles have to turn and exit via Chantry Lane. Bakers Lane provides an additional pedestrian access to Moat Lane from Watling Street. These are areas of adopted highway. North-west of Bakers Lane, Whittons Lane provides 183 _______________________________________________________________________________ pedestrian and very constricted vehicle access to yards at the northern end of the site; it is unadopted. There is vehicle access onto the site via the former Wayside Garage from Northampton Road. 1.12 The following planning constraints apply to the site. The site lies with the Towcester Conservation Area Bury Mount is a scheduled ancient monument. The following properties within the site are grade II listed 136a, 136b and 136 Waling Street and Towcester Mill. Outside, but adjacent to the site 88, The post Office, 94, 96, 98, 98a, 104 -106, 112, 114, 116, 118, 122, 124 and 126 are grade II listed. To the south of the site, St Lawrence Church is grade I listed. The site lies within an area of known archaeological assets The site lies within the Town Centre as defined in the Local Plan. There are four trees which are the subject of a preservation order within the site. - The Northampton Road car park partially lies within an area known to flood. 2. PLANNING HISTORY 2.1 There is extensive planning history relating to the site dating back many years and is too extensive to list here. The most relevant recent decisions are listed below. 2.2 Planning permission was granted for the change of use of the first and second floors from office to residential at 138 Watling Street East, (S/2005/0083/P) 2.3 Planning permission was granted for the change of use from a light industrial to a general industrial use at 18 Moat Lane Towcester (S/2005/1109/P) 2.4 Planning permission was granted for the change of use of the first and second floors from one dwellings into two flats at 94 Watling Street, (S/2006/0325/P) 2.5 Planning permission was granted for the change of use from B1/B8 (industrial) to A2 (financial and professional services)at the Old Post Office Yard, (S/2008/0750/P) 2.6 Planning permission was granted for the change of Bury Mount to public open space and works to restore the mount, (S/2008/1331/P) 2.7 Planning permission was granted for an extension to the masonic meeting hall, (S/2009/0694/FUL) 2.8 Planning permission has been granted for use of the water meadow to the north of the site to be used as public open space and the installation of a footpath bridge.(S/2009/0694/FUL) 3. PROPOSAL 184 _______________________________________________________________________________ 3.1 The application is for outline planning permission, with all matters reserved for future consideration, for the regeneration of the Moat Lane area of the town centre. Specifically the application is for the following 3.2 Up to 1,300 m² of retail and restaurant and café uses including change of use of public conveniences in Bakers Lane, rear of 108 Watling Street on Bakers Lane from storage, 15 Moat Lane (ground floor) from storage/workshop, and the building north west of Mill Cottage (a.k.a. Buckland’s Warehouse) from storage. 3.3 Up to 2,400 m² of office use provision of private or council offices in two new threestorey buildings; including approximately 550 m² underground car parking. 3.4 Up to 300 m² of light and general industrial use including the change of use from motor vehicle workshop to small scale manufacturing use and ancillary sales. 3.5 Up to 2,400 m² of hotel space including new and existing buildings; including change of use of Towcester Mill and Mill House from offices and change of use Mill Cottage from a residential dwelling. 3.6 41 dwellings in the form of new town houses, cottages and flats; including division of The Coach House to two dwellings, addition of two dwellings above 15 Moat Lane (storage use), change of use of Anchor House from office use, change of use of building (formerly Tove Engineering) north of 1 Moat Lane from business use and change of use of building to the rear of 100 Watling Street from workshop/storage use. 3.7 A new civic building of up to 2200 m² that will overlook the Bury Mount which can provide a wide range of functions which may include the following A new library, replacing the one in Richmond Road. Studio space for dramatic performance Gallery space for visual arts and displays Café Public information point and public toilets SNC information office Public sector ‘one stop shop’ Community offices 3.8 Up to 4,000 m² decked parking structure; including vehicular and pedestrian access and circulation on land to the north west of Northampton Road on what is now the Mason’s car park. The car park will hold about 130 car parking spaces, and additional parking spaces will be created within the Moat Lane area and some parking space retained to create a total of 309 new parking spaces for the development. 3.9 The infrastructure to serve the above development including the provision of access roads, service areas and car parking. 3.10 The application also proposes the removal of the following buildings: 185 _______________________________________________________________________________ 140 Watling Street, Wayside Garage showroom; Northampton Road, Wayside Garage filling station canopy; 6 – 8 Whittons Lane; Outbuilding to Mill House (disused air-raid shelter). The application also includes the removal and/or alterations to the following boundary walls: Rear of 138 Watling Street including remnants of a former outbuilding; Rear of 126 - 132 Watling Street at the end of Moat Lane; Between 106 and 108 Watling Street; Between 100 and 102 Watling Street; Rear of 96 Watling Street; Rear of 92 Watling Street. 3.11 The application also proposes the redesign of the surfaces of the adopted highway in Chantry Lane and Moat Lane to facilitate pedestrian priority use. The application also proposes that Chantry Lane will link right through to Northampton Road, however this will be a shared surface. 3.12 The proposed retail and café uses are located around the areas with the highest potential for footfall and are located around Bakers Lane, Whittons Lane and Watling Street. The majority of these units are proposed to have residential uses on the first floor. The majority of the office uses are proposed to be located on either side of the Northampton Road, with the largest building in the development being located on the south western side of the road. 3.13 The residential uses are primarily located around Moat Lane and Northampton Road, creating the mix of development already found in the town centre. 3.14 The proposed hotel use is provided by the existing building in The Mill complex, the warehouse fronting onto the mount and the buildings on the north eastern side of Moat Lane adjacent to the Church. The proposal makes use of the larger buildings which are already found in this location and their views over the Water Meadows, the Church and the mount. 3.15 In terms of scale, the details submitted are all indicative, however the tallest building as part of the redevelopment would be the existing mill building which could have another storey giving it a height 4.5 to 5 storeys. There are also three other landmark four storey buildings, being the corner building on Watling Street and Northampton Road, the town houses and office building on the south east side of Northampton Road, the south western element of the civic building and the remainder of the existing mill building. 3.16 The remainder of the scheme is proposed to be two and three storey development with the three storey elements facing onto Watling Street, Moat Lane and Northampton Road. It should also be taken into account that the scale of the development proposed is indicative at this time. 3.17 The application proposes that all development will be constructed to a minimum of level three of the code for sustainable homes and any development built after 2013 will be constructed to level four. 186 _______________________________________________________________________________ 3.18 The application is supported by an Environmental Impact Assessment which includes An air quality study An assessment of planning policy An archaeological assessment A ground conditions report An ecological report A visual impact assessment A water quality assessment A flood risk assessment A noise and vibration assessment A transport assessment A waste assessment 3.19 In addition the application includes a comprehensive design and access statement. 3.20 The application has been prepared on behalf of South Northamptonshire Council by a team of SNC, WNDC and NCC officers, SNC members and outside consultants consisting of urban regeneration specialists, transport consultants, environmental consultants, urban designers and solicitors. The project team have been working on the redevelopment scheme for in excess of 2 years. 4. CONSULTATIONS 4.1 No external consultations have been carried out as this Council is a consultee in the application process. External consultations have been carried out by WNDC and they will have to take the responses into account in determining the application. Consultations within SNC have been carried out and the following responses received 4.2 SNC POLICY: No response to date, I will update the committee when it is received. 4.3 SNC ENVIRONMENTAL PROTECTION: No objections, however make the following comments (i) the air quality modelling needs updating, (ii) the air quality mitigation measures do not consider any improvements to traffic flows through the town centre as identified in the air quality action plan, (iii) advances in engine technology, as stated in the applications report, are not sufficient to overcome air quality concerns, (iv) improvement to traffic flows in the town centre need to be made to improve air quality and it is disappointing that the application does not address these issues, (v) there needs to be better signage to existing car parks to discourage parking in Watling Street, (vi) measures to address air quality could be implemented as part of the development proposal, (vii) the site could be subject to land contamination and further intrusive investigation is required, (viii) the noise report has been undertaken in accordance with the appropriate methodologies, (ix) the mixed use nature of the development could introduce conflicts that will need to be addressed in subsequent applications, (x) the report contradicts itself on the noise impact on properties adjacent to Northampton Road and the proposed car park and this matter needs to be clarified, (xi) hours of deliveries to premises needs to be restricted by condition, (xii) planning conditions need to be used to control the 187 _______________________________________________________________________________ hours of operation of the commercial uses, (xiii) conditions need to be used where residential development abuts the commercial uses to ensure that there is adequate noise insulation, (xiv) further information is needed on the noise impacts of the car park on the adjacent residential properties, (xv) new residential properties need to achieve a good standard of noise insulation as set out in BS8233:1999, (xvi) noise from fixed plant and equipment should not exceed 35dB, cumulative impacts also need to be taken into account, (xvii) noise, vibration, dust and emissions from construction activities will need to be assessed during any subsequent development phase and needs to be controlled by condition. 4.4 If planning permission is granted conditions need to be attached relating to Land contamination (intrusive investigation needed) Control of noise, dust and emissions from construction Control of the hours of delivery Control of hours of operation for the proposed commercial uses. Details of the proposed sound proofing of the buildings Further details of the treatment of the plant and machinery sound proofing needs to be submitted 4.5 SNC CONSERVATION OFFICER: No objections and makes the following comments (i) the proposals have evolved over a number of years, (ii) the proposal is a result of extensive consultation, (iii) the development is supported by planning policy, (iv) the proposal was always to regenerate the area rather than redevelop the location and the current application appears to have followed that approach, (v) the development proposes the removal of a number of buildings which do not make a positive contribution to the character and form of the locality and the sensitive redevelopment of the site will enhance the locality, (vi) conservation area consent will be required for demolition of the buildings within the conservation area and I have no objection to the demolitions, (vii) the demolition of walls for the opening up of the rear service yards on Watling Street will require listed building consent, (viii) the character of Moat Lane is very sensitive to change, any new development will need to have a positive impact upon the character and form and local distinctiveness of the historic environment of Moat Lane. 4.6 SNC ARBORICULTURAL OFFICER: No objection however makes the following comments (i) the proposed office building appears to be within the root protection area of the protected sycamore tree and this will need to be resolved at the reserved matters stage, (ii) any reserved matters applications will need a method statement and tree protection plan and engineering details of the tree protection and surfaces, (iii) there is the opportunity to plant more trees in the central square area, (iv) the proposed redevelopment will have a detrimental affect on the pear trees on the south side of Northampton Road (not subject to tree preservation orders), (v) the plans are incorrect as they show trees to be retained on the north side of Northampton Road and there are no trees here to be retained. 4.7 SNC STRATEGIC HOUSING: Have the following comments to make (i) one of the strategic aims of the Council is to increase the supply of affordable homes, (ii) the policies of the local plan state that affordable housing should be negotiated as part of large residential development schemes, (iii) the Council’s SPG on developer 188 _______________________________________________________________________________ contributions requires an element of affordable housing where there is a need, (iv) PPS3 states that affordable housing should be provided as part of any residential development greater than 15 units, (v) there is a need for 100 affordable units in the district every year, (vi) there is a waiting list of 530 people in Towcester, a high proportion of which are singles or couples (vii) there are currently only 600 affordable properties in Towcester, (viii) the application does provide an undertaking that affordable housing will be provided, however the level will be determined at a later date through a mechanism written into the S106 agreement, (ix) 40% of the dwellings should be affordable housing and 75% of these should be for rent, (x) if the applicants consider that 40% social housing is not viable then this needs to be established through the Three Dragons tool kit to determine the appropriate level of affordable housing to be provided, (xi) apartments should be 2 bed rather than one bed, (xii) there is no need for larger affordable family houses, (xiii) one parking space per dwelling is not appropriate for larger house types, (xiv) plans need to show where the parking spaces are in relation to the units that they serve, (xv) affordable housing needs to be dispersed throughout the development, (xvi) in design terms the affordable houses should be indistinguishable from the free market dwellings, (xvii) the affordable dwellings need to be constructed to at least code for sustainable homes level 3, (xviii) the Council has a list of preferred landlord partners, (xix) SNC Strategic Housing wish to be involved in the negotiations relating to the wording of any S106 agreement, (xx) If planning permission is granted then the following planning conditions need to be attached 1) Prior to the approval of the reserved matters a phasing plan, including timescales for the development and infrastructure provision, shall be submitted to the Local Planning Authority’ 2) Prior to the approval of the reserved matters application, an affordable housing scheme shall be submitted to the Local Planning Authority for approval and shall include details of: The numbers, type, tenure, external appearance and location on the land of the affordable housing units The timing of their construction and phasing in relation to the market housing units. The arrangements for the transfer of the affordable housing to an Affordable Housing Provider The arrangements to ensure that the Affordable Housing Units are affordable for both initial and subsequent occupiers of the Affordable Housing Units. Occupancy criteria for determining the identity of occupiers of the affordable housing units and the means by which such occupancy criteria shall be enforced. 5. POLICY 5.1 The Regional Spatial Strategy has now been revoked and therefore the Development Plan is made up of the saved polices of the Northamptonshire County Structure Plan and the South Northamptonshire Local Plan. Policies G3, H3, H7, EV1, EV9, EV10, EV12, EV13, EV21, EV24, R1, IMP1, RC2, TE1, TE2, TEV1, TT1, TT2, TR2, TRC2, TRC4, are considered to be relevant. 5.2 In terms of national policy, PPS1 (Delivering Sustainable Development), PPS3 189 _______________________________________________________________________________ (Housing) PPS4, (Planning for Sustainable Economic Growth), PPS9, (Biodiversity and Geological Conservation), PPG 13 (Transport) PPS 5 (Planning for the Historic Environment), PPS17 (Planning for Open Space, Sport and Recreation), PPS 23 (Planning and Pollution Control), PPG 24 (Planning and Noise) are considered to be relevant. 5.3 The Council also adopted a planning brief for Moat Lane in October 2007 which is supplementary planning guidance. This provides a framework of the redevelopment of the site and also updates the vision of how the site could be developed from that expressed in the Local Plan. 5.4 The Draft Towcester Master Plan identifies Moat Lane as one of the key opportunities for the town. 6. APPRAISAL 6.1 The main issues in the determination of the application are The principle of development The acceptability of the proposed uses The scale of the development proposed. The quantity of car parking proposed as part of the development. The impact of the development on highway safety and the free flow of traffic. The impact of the development on the character and setting of the Bury Mount. The impact of the development on the street scene of Moat Lane. The impact of the development on the street scene of Northampton Road. The design of the major office block The design of the civic building. The visual impact of the decked car park. The impact of the development on the conservation area and the setting of the listed buildings. The impact of the decked car park on residential amenity The impact of the development of archaeological assets The provision of affordable housing within the development The impact of the development on air quality in the Town Centre The noise associated with the proposed uses of the building. The developers contributions associated with the proposal. The impact of the development on protected species 190 _______________________________________________________________________________ The impact of the development on the protected trees. The flood risk associated with the development. The principle of development 6.2 I am still awaiting the comments of the policy unit on the application however Moat Lane has been identified as an area in need of regeneration for a considerable time. The principle of works to Moat Lane to provide additional shopping, employment and recreational uses is contained within the policies of the Saved South Northamptonshire Local Plan and proposals for the site have been updated in the Council’s Planning Brief for the site. 6.3 The development brief suggests the following uses for the site The provision of civic and community facilities; The development of shops, offices and some limited housing The preservation and enhancement of the Bury Mount Motte, including the provision of an educational interpretation board for the Scheduled Ancient Monument.; The development of public areas, including a riverside walk, public open space around Bury Mount and a public square for community use The development of tourist, leisure and cultural facilities in the area south of Bury Mount; Provide access to the open parkland to the east of the Moat Lane area, enhance the area and provide a pedestrian link to Towcester Racecourse The parkland is currently in private ownership but its use as public open space in the future will be explored. Seek environmental improvements to existing properties including those backing onto Moat Lane. 6.4 The planning brief identified the following opportunities for the site The site is in a key location lying to the south east of the Watling Street /Northampton Road crossroads, the main entrance to the Primary Retail Area of Towcester town centre, and is highly visible from Northampton Road. The area represents an opportunity to integrate past and present components of the town centre and to provide for the interpretation of the local historic environment for the benefit of local residents and visitors. The site provides a unique opportunity to develop a mixed-use development focussed on community, civic and tourist use in the heart of an expanding town. The site represents an opportunity to develop a prestigious development of a high quality design reflecting the historical and architectural character of Towcester town 191 _______________________________________________________________________________ centre. The proximity of the site to the existing town centre and attractive landscape edge bounded by the River Tove provides an opportunity to develop enhanced pedestrian links between the new development, the rest of the town centre and the open space to the east. There is an opportunity to take advantage of, and to enhance the open views across the adjoining Easton Neston Park. Regeneration could provide the opportunity to provide a landscaped pedestrian link between the town and racecourse. Potential exists to improve the setting, maintenance and public access to Bury Mount Motte. Now that Northampton Road is no longer a trunk road, there is an excellent opportunity to redesign it as a pleasant town street, with wider pavements, possible avenue trees and on-street car parking. 6.5 The site has been identified for development in the Local Plan and in more detail in the Moat Lane planning brief. Therefore the issue here is not related to the principle of development but whether the development proposed delivers the aims and objective of the planning brief without being unacceptably detrimental to matters of acknowledged importance. The acceptability of the proposed uses 6.6 The existing retail uses in Towcester are primarily located on Watling Street and there are no retail uses on Northampton Road. The proximity of Towcester to other major retail centres such as Northampton and Milton Keynes means that Towcester cannot hope to attract large retails stores. It is likely that Towcester will only continue to attract smaller independent retailers, but it has a strong tradition of local, high quality, specialist retailers and the scheme needs to build on that tradition. The proposed location of the retail uses is shown on the plans but is only indicative, however it proposes a number of smaller units located around Bakers Lane, Whittons Lane and the central square. Slightly larger retail units are proposed on Watling Street and the corner of Watling Street and Northampton Road. 6.7 In the plans submitted café uses and retail uses are not differentiated, this detail will come at the later reserved matters stage. However in town centres the two uses complement each other as high quality food and drink uses will create footfall away from Watling Street into the development which the retail uses will benefit from and vice versa. However care needs to be taken that we have the correct mix of retail and food and drink uses and do not end up with too many food and drink outlets. 6.8 The additional range of goods and services that the additional units will bring will enhance Towcester as a shopping and service destination, thereby creating additional customers for existing shops and services as well as creating a more sustainable town with less need to travel to other retail and service centres 6.9 Office uses are shown indicatively off Whittons Lane, on the north side of Northampton Road and a large office block to the south of Northampton Road and facing onto the central square. These buildings could all have a single occupier or be used as office suites, for example as ‘incubator’ business space as suggested in 192 _______________________________________________________________________________ the planning brief. The additional workers located in the town centre created by the office development will help to sustain the proposed additional retail services the development will bring. It has been suggested that this Council could be one of the potential occupiers of the larger office building but this is only one scenario, the application does not state who the final occupier of the building will be. 6.10 The proposed civic building, which is proposed to provide a range of public functions, is shown located adjacent to the Bury Mount and the central square. The proposed use accords with the planning brief and has the benefit of providing footfall along Moat Lane and Whittons Lane to access the services the building will provide. This footfall will benefit the proposed commercial uses on Moat Lane and Whittons Lane. 6.11 The use of the mill buildings for tourist accommodation is supported by the planning brief and there is a need for high quality tourist accommodation in the locality which could serve Silverstone and Towcester Racecourse. A high quality conversion of the building could generate about 20-30 rooms with other facilities provided by the adjacent buildings, such as a spa or separate restaurant. The location of the buildings adjacent to the Church with views across the water meadows towards the racecourse and Easton Neston as well as Bury Mount provide an appropriate setting for the proposed use. 6.12 The existing Wayside workshop building is proposed to be retained for a light or general industrial use. Ideally the building could be used for manufacturing purposes with a retail element such a craft or micro brewery uses. 6.13 The development includes residential uses which build upon the initiatives to get people living and working in town centres. Primarily the residential development will consist of town houses and flats, some of which will be located above the proposed commercial uses. Some dwellings will be conversions of existing buildings whilst others will be new. The dwellings will be located throughout the development rather than being located in one particular area and will also help with surveillance and thereby help to create a disincentive for crime. 6.14 The outline application also includes a proposal for a decked car park to be located in the location of the current Northampton Road car park. This approach to providing car parking for the development, as well as providing it within the Moat Lane area is in accordance with the approach laid out in the planning brief. The scale of the development proposed. 6.15 The scale and scope of development proposed has clearly increased since the Local Plan was adopted. The reconsideration of the site and its future, as set out in the planning brief, followed from the publication of the Regional Plan which proposed a large urban extension to Towcester. This in itself brought additional opportunities for the redevelopment of Moat Lane, through the increased population the town centre will need to serve. 6.16 In terms of the height and the size of the buildings the development brief does not set out any parameters. However the visual impacts of the development are discussed later in the report and it should also be remembered that the scale and appearance are reserved matters. The application does include quantities of floor space for each of the proposed uses, however these are expressed as a maximum and if planning permission were to be granted no commitment would have been 193 _______________________________________________________________________________ given that these maximum floor spaces could be achieved on the site. The layout of the development 6.17 Primarily, on the indicative plan, the development follows the historic street pattern of Towcester with development fronting onto Moat Lane, Whittons Lane, Watling Street and Northampton Road, which is the correct approach. The larger office buildings and civic building make use of the larger space available between Bury Mount and Northampton Road and this approach follows that illustrated in the adopted Moat Lane planning brief. The illustrative plans submitted show a central square which will provide a focal point for the development and will create an attractive space for the shops, cafes, restaurants and offices to look out onto. The plans also show an area of hardstanding between the civic buildings and could be used for a number of uses including a performance space where small events could take place which could attract more people into the development. 6.18 The decked car park is located to the rear of the existing buildings that front onto Watling Street and Northampton Road which will assist in screening the building, to an extent, from public view. The location of the car park accords with the planning brief. The quantity of car parking proposed as part of the development. 6.19 The parking requirements for the development have been initially calculated in the transport assessment based upon the County Council’s adopted parking standards using the indicated maximum floor spaces. The proposed flats have been allocated one parking space while the proposed houses are allocated 1.5 parking spaces. This also accords with the reduced parking space allocation for residential developments in town centres which is advised within the standards. Using this means of calculation the number of parking spaces required to serve the development is 313. 6.20 The transport assessment goes on to make assumptions on linked trips, ie one visitor to the development may visit the civic centre, shops and bars and therefore the development does not need to provide parking spaces for all three individual uses separately and so a reduction in the need for parking spaces for retail uses of 30 spaces, of 4 spaces for the hotel use and 12 spaces for the civic building are proposed. The travel plan also then assumes that South Northamptonshire Council is the end user for the office building. It then applies empirical data relating to parking use at the Council’s current Springfield Offices to justify additional parking provision at the site of 44 spaces. The resulting calculation shows that the development requires a total of 311 parking spaces, two fewer than if the implication of standard parking standards. However the transport assessment does not cover what the parking requirements of the building would be if SNC were not the final occupier of the building. 6.21 In addition the decked car park is being built onto an existing car park and it is not clear how the loss of these parking spaces is being worked into the calculations. 6.22 Having spoken to both the Local Highway Authority, who are looking into the parking issue, they are concerned that the trip generation from the proposed development and the proposed parking required do not correlate and they feel that they cannot comment fully on the parking proposal at present. So clearly more work need to be carried out on the transport assessment and the number of parking spaces proposed may alter, however the Council has to comment on the scheme as 194 _______________________________________________________________________________ submitted. 6.23 Nevertheless, Towcester is a market town that serves a rural hinterland for retail and service delivery which is not well served by public transport, hence many users of the town centre will rely on the car to access the places of work or retail uses or food and drink uses on offer as well as the dwellings. Hence I consider that comments need to be passed back to WNDC that state that parking should be provided in accordance with the maximum amount allowable under the adjusted parking standards. 6.24 In addition as the car park is located on the north west side of Northampton Road and the buildings are located on the south east side of Northampton Road there should be a pedestrian crossing as part of the development. The impact of the development on highway safety and the free flow of traffic. 6.25 WNDC will need to consult the Highways Agency and the Local Highway Authority and take their views into account in determining the application. 6.26 The Moat Lane planning brief advocates that Chantry Lane be stopped up and the main access for Moat Lane is to come off the Northampton Road. However the application submitted shows, indicatively, that traffic will be able to travel from Watling Street down Chantry Lane and through to Northampton Road. The highway authorities will need to take a view on whether this is acceptable and there may be concerns that the route could be used as a rat run. The impact of the development on the character and setting of the Bury Mount. 6.27 Clearly the mount is a very important historic feature in the town and is a scheduled ancient monument, the setting of which needs to be preserved. There are already buildings in close proximity to the structure and so in that respect the development does not propose anything new. However the civic building, which will have the largest impact on the character of the mount, needs to be sympathetic both in scale and design and will clearly need to front onto the mount. However no detailed design of the civic building has so far been produced and therefore the impact of the development of the setting of the mount will need to considered in more detail as part of any reserved matters application. The impact of the development on the street scene of Moat Lane. 6.28 At present Moat Lane acts primarily as a service street to the commercial properties fronting onto Watling Street and many of the views from it are of car parks and the rear elevations of these buildings which do not provide a very attractive street scene. Under the proposals Moat Lane will still act as a service entrance however the new buildings will give it a street frontage of its own and will considerably enhance the street scene of this part of the town. The impact of the development on the street scene of Northampton Road. 6.29 The corner of Watling Street and Northampton Road is currently dominated by the present car sales use and associated buildings and structures. The majority of the buildings will be removed and replaced with new buildings that will provide a better defined street scene with an active street frontage which will considerably enhance this corner of the site. The overall design, scale and appearance of the buildings will 195 _______________________________________________________________________________ be considered as part of any future reserved matters application. The design of the major office block and the civic building 6.30 I consider that these will be among the most challenging buildings to deliver. The form of the buildings shown on the indicative plan, in terms of their footprint, do not neatly fit into the established character of these area, which are typically narrow fronted buildings facing directly onto the street, with long and narrow rear gardens or service areas. The buildings will also act as a gateway to the town from the approach along Northampton Road and will be visible from a distance along Northampton Road, from Bury Mount and from the newly created public water meadow, especially if the buildings are between 3 and 4 storeys as shown in the design and access statement. Therefore if the development is to be acceptable then these buildings will need to be of the highest quality in terms of design and materials to ensure that they are buildings that the town can be proud of and act as a focal point for the development of the remainder of the site. However the height, mass, form and design of these building will need to be considered as part of any future reserved matters application. The visual impact of the decked car park. 6.31 It is clear that the new development will require additional car parking to be provided in the town centre. The Local Plan originally allocated the area to the north east of the mill stream as a parking area, however this would involve development of a greenfield area and the land is also now allocated as being within the flood plain. Clearly there are advantages in the increased utilisation of the existing area of parking to the north west of Northampton Road to serve the development and this is the approach advocated in the Moat Lane planning brief. This site has the advantage of being backland and as such much of the development will be screened by existing development and the proposed new office block on the north western side of Northampton Road. The main area that will be visible to the public realm will be the entrance to the car park which would need to be carefully designed. 6.32 The indicative plans submitted show a structure that has a single deck where it is closest to the listed buildings fronting onto Watling Street to minimise the impact on the setting of the listed buildings and the residential amenity of the occupants. There would be surface level parking between the single storey deck and the boundaries of the properties fronting onto Watling Street. The building would rise to two decks adjacent to the mill stream, and views form the north east will be screened by existing tree planting. 6.33 Clearly this is a difficult part of the development to accommodate as there is no historic precedent for this style of structure within Towcester and the footprint, function and form of the structure does not sit easily with the other surrounding buildings and land uses. However I consider that the site chosen is well related to the development and given the backland location it gives the best opportunity to minimise the impact. The impact of the decked car park on residential amenity 6.34 Some of the properties fronting onto Watling Street, (which back onto the proposed car park) and also properties to the north west are residential properties and the car park will have an impact on their residential amenity. The exact impact will not be known until detailed drawings of the location and form of the building have been 196 _______________________________________________________________________________ submitted. However I do consider that the indicative plans do demonstrate that the decked car park can be accommodated on the site without unacceptable detrimental impact on the amenity of nearby residential properties through overlooking or being overbearing. If at the reserved matters stage the car park is larger than that shown on the indicative plans then this will need to be reassessed. I note that Environmental Protection consider that there is still some missing information in terms of noise impact and this will need to be relayed to WNDC. The impact of the development on the conservation area and the setting of the listed buildings. 6.35 The application is in outline form only and therefore does not contain much detail, however further involvement of the Conservation Officer will be required if and when more details of the development come forward. The scheme has the potential to considerably improve the character and appearance of the locality and the setting of the conservation area and the listed buildings if the development is designed sensitively. The impact of the development of archaeological assets 6.36 Information relating to archaeology has been submitted as part of the application. WNDC will need to consult the archaeologists at the County Council and take their views into account in determining the planning application. The provision of affordable housing within the development 6.37 The Council’s policy is that development of 15 dwellings or more have to provide 40% affordable housing. The Council can allow a reduction in the number of affordable dwellings if it is that the affordable housing element compromises the viability of the development. In the case of this application no evidence of viability being affected has been presented. In the design and access statement an undertaking to provide affordable housing is given however the applicants state that the amount that will be delivered will be investigated after the procurement process and will be dependant on the economic conditions at that time. I have no concerns with this approach as long as the wording of the S106 is sufficiently robust to ensure the issue is dealt with adequately and WNDC involve our Strategic Housing team in the wording of the S106 (the method used to calculate viability is the Council preferred method of the Three Dragons tool kit.) Finally the viability of the development needs to be considered as a whole rather than looking at elements of the scheme in isolation. 6.38 Strategic Housing have requested conditions to be imposed on any planning permission however these can be addressed through the S106 agreement. The impact of the development on air quality in the Town Centre 6.39 The air quality assessment submitted with the application accepts that in the absence of any mitigation the development would degrade the air quality within an area of Towcester that is already designated as an air quality action zone. In the view of SNC Environmental Protection, improvements can be made by the proposal to mitigate the impacts of the development. 6.40 The main cause of the air quality issues in the town centre is the stop and start nature of the traffic through the town centre as stationary vehicles create considerably more pollution than moving vehicles. In Towcester one of the main 197 _______________________________________________________________________________ causes of congestion is the inappropriate parking of vehicles in Watling Street and Council officers have started a joint working programme with the Highways Agency to produce better signage and enforcement of parking in the town centre and develop a joint scheme of works that can be implemented. 6.41 As the scheme has not yet been developed it is not known what the final cost of the works will be, however best estimates at this time are that the cost will be around £50 000. It is therefore suggested that the development could make a financial contribution towards the scheme and a sum of £30 000 has been suggested, which I consider to be reasonable. The noise associated with the proposed uses of the buildings. 6.42 The development proposes a wide range of uses and includes residential development being located adjacent to and above commercial uses. This relationship of uses is nothing new in town centres and ensures the best use of the land, however it can cause conflict between the occupiers of the residential units and the commercial units. Therefore I consider that the use of planning conditions relating to hours of delivery for the new commercial uses, noise insulation of buildings and noise insulation of plant and equipment are reasonable. 6.43 The Council’s Environmental Protection Team also require further information on the noise impacts of the new decked car park as there are inconsistencies in the information submitted and I also think that this is reasonable. The developers contributions associated with the proposal. 6.44 It is likely that the scheme will attract contributions other than those already mentioned, such as an education contribution. However, these will be made apparent by the other consultations that WNDC need to carry out, for example with the County Council and the Highways Agency. The impact of the development on protected species 6.45 The application includes an ecology report and WNDC will need to consult Natural England and take their views into account. The impact of the development on the protected trees. 6.46 The plans submitted are only indicative and do not give a true indication of the impact of the development on the protected trees. Further input from the Arboricultural Officer will be required if and when detailed plans are prepared to ensure the proposals are acceptable The flood risk associated with the development. 6.47 A flood risk assessment has been submitted with the application and WNDC will need to consult the Environment Agency and take their views into account. 7. CONCLUSION 7.1 The site is allocated for development in the Local Plan and the Council has also published a planning brief on the redevelopment of the Moat Lane area. The development put forward in this application is outline only with all matters reserved for future consideration, so in terms of the detail, there is little to be considered in the application. However in terms of the principle of development, the site area and 198 _______________________________________________________________________________ proposed uses, the application closely resembles the Moat Lane planning brief and delivers the aim and objectives of the brief. I therefore consider that the development should be supported. 7.2 However the Council needs to bring to the attention of the West Northamptonshire Development Corporation technical issues that still need to be resolved, developer contributions that should be secured by the legal agreement and particular conditions requested by the Council’s Environmental Protection Team. 199 200