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Committee and date North Planning Committee 5th March 2013

Item

6 Public

Development Management Report

Responsible Officer: Stuart Thomas email: [email protected] Tel: 01743 252665 Fax: 01743 252619 Summary of Application

Application Number: 12/04031/OUT

Parish:

Weston Rhyn

Proposal: Outline application for the erection of 7No dwellings (all matters reserved)

Site Address: Land At Upper Chirk Bank Chirk Bank Shropshire

Applicant: Mr P.L. Speake

Case Officer: Mark Perry email: [email protected]

Grid Ref: 329162 - 336869

© Crown Copyright. All rights reserved. Shropshire Council 100049049. 2011 For reference purposes only. No further copies may be made.

North Planning Committee – 5th March 2013

Contact Stuart Thomas on 01743 252665 Land at Upper Chirk Bank 12-04031-OUT of 12

Recommendation:- Grant Permission subject to the conditions set out in Appendix 1. Recommended Reason for Approval The proposed residential development is considered to be in a sustainable location which would not impact upon the amenities of neighbours or the safety of highway users. Accordingly it is considered to comply with the aims and requirements of adopted Polices CS4, CS5, CS6 and CS17 of the Shropshire Core Strategy having regard to paragraph 14 of the National Planning Policy Framework and an available residential land supply of less than 5 years.

REPORT 1.0 THE PROPOSAL

1.1 This application was previously considered by members at two previous committee

meetings; December last year and February this year. Members resolved to defer the application from the December committee to allow a site visit to be undertaken, it was then deferred for a second time at the February upon the recommendation of Officers to allow a revised committee report to be produced to advise members of the very recent advice from the planning policy team regarding the 5 year housing land supply and how this would impact upon decision making and the planning policies that are relevant.

1..2

The submitted application seeks planning permission for a proposed residential development. At this stage the application is for outline planning permission with access, appearance, landscaping, layout, scale all reserved for later approval. As such, the applicant only wants to establish the principle of the development on the site.

2.0 SITE LOCATION/DESCRIPTION

2.1

The application site is a rectangular parcel of land measuring 0.43 hectares is size. The land is currently rough grassland and is not used. The parcel of land is the southern end of a larger field which wraps around a large detached property to the north named Bryn Derw; this property is not owned by the applicant. Access into the site is currently through a metal farm gate.

2.2 The edges of the site are defined by a mature hedgerow along the road frontage and a mix of trees and hedgerows along its eastern and southern boundaries. Beyond the northern edge of the application site the land climbs steeply towards Bryn Derw.

2.3 Existing development in Chirk Bank can be clearly defined into two distinct areas. Firstly there is the liner development along the northern side of Oaklands Road and secondly there is a denser from of development to the western side of Upper Chirk Bank where there is a 1970/80’s housing estate of primarily bungalows and chalet style dwellings. To date the eastern side of Upper Chirk Bank and the southern side of Oaklands Road has remained largely undeveloped as the land has not been included within the development boundary.



2.3 The village of Chirk Bank falls within the ‘buffer zone’ for the Pontcysyllte World

heritage site.

3.0 REASON FOR COMMITTEEDETERMINATION OF APPLICATION

3.1 The local member has also requested that the application be referred to the Planning Committee.

4.0 Community Representations 4.1 - Consultee Comments

Parish Council- support the application as they consider it a suitable location for infill development.

4.2 Tree Officer- There are a number of significant, mature trees on the boundary of the site. These are important in the landscape and amenity of the area and every effort should be made to ensure their long term retention. The trees would not prevent the land from being developed to some extent and would therefore raise no objection in principal to this outline application. Any application for full planning permission and or where size, scale, housing density and access routes are to be consider, this must be supported by a full arboricultural implication assessment and tree protection plan.

4.3 Affordable Housing- It is proposed that 3 of the dwellings (43%) will be transferred to a housing association for occupation by people on an affordable, 'Shared Ownership' basis. This arrangement exceeds the current planning policy requirement for developer sites to deliver 13% affordable housing in accordance with the provisions of the Supplementary Planning Document (SPD) on the Type and Affordability of Housing.

4.4 Drainage- Percolation tests and the sizing of the soakaways should be designed in accordance with BRE Digest 365 to cater for a 1 in 100 year return storm event plus an allowance of 30% for climate change. Or, soakaways should be designed for the 1 in 10 year storm event provided the applicant should submit details of flood routing to show what would happen in an 'exceedance event' above the 1 in 10 year storm event. Flood water should not be affecting other buildings or infrastructure. Full details, calculations and location of the percolation tests and the proposed soakaways should be submitted for approval along with details of the proposed surface water drainage system for the estate road should also be submitted for approval.

4.5 Highways- No objection in principle to the development proposals subject to conditions and informatives. In order to improve pedestrian safety within the vicinity of the site it is recommended that the existing footway link that currently terminates outside Mount House is extended to provide a link between the proposed development site and the junction with Telford Avenue. It is also noted that a bus stop is located in close proximity to the access to the site and will need to be relocated.



4.5 Ecology- No objection subject to conditions and informatives.

4.6 81 letters of objection have been received commenting on the following issues:

Site is not within the village boundary Impact on drainage system Increase traffic Chirk Bank has limited local amenities Impact on the landscape Site is within the buffer zone of the Pontcysyllte World heritage Site The application is premature Limited bus service

5.0 THE MAIN ISSUES

Principle of development Siting, scale and design of structure Visual impact and landscaping Impact on Neighbours

6.0 OFFICER APPRAISAL 6.1 Principle of development 6.1.1 Under section 38(6) of the Planning and Compulsory Purchase Act 2004, all

planning applications must be determined in accordance with the adopted development plan unless material considerations indicate otherwise. Since the adoption of the Councils Core Strategy policies the National Planning Policy Framework (NPPF) has been published and needs to be given weight in the determination of planning applications. The weighting to be given to the Core Strategy policies and those within the NPPF are considered in more detail below.

6.1.2 On the 1st February 2013 the Council published an updated 2012 Five Year Housing Land Supply Statement. The update is based on the changes to the methodology used to calculate supply, having regard to the requirements of the NPPF and recent appeal decisions. The statement shows that there is currently only a 4.1 years worth of housing land supply for Shropshire, this is below the minimum of 5 years supply that is required by paragraph 47 of the NPPF.

6.1.3 The deficiency in housing land supply is significant as it means that some of the current policies regarding the supply of housing land cannot be considered as being up to date, as set out within paragraph 49 of the NPPF which states :- ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five-year supply of deliverable housing sites.’ Paragraph 14 of the NPPF states the following :- ‘At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking…...For decision-



taking this means that where the development plan is absent, silent or relevant

policies are out‑of‑date, granting permission unless:

–– any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in [the] Framework taken as a whole; or –– specific policies in [the] Framework indicate development should be restricted.’

6.1.4 Chirk Bank is identified by saved policy H6 of the Oswestry Borough Local Plan (OBLP) as being a ‘Smaller Settlement’. The local plan defines such settlements as being suitable for “limited scale of housing development” and that, “within these settlements, housing development will be permitted on allocated sites and on suitable infill sites within the development boundaries”. The current application site is outside but adjacent to the development boundary drawn around the settlement to support this policy. However, as this policy specifically restricts the siting of new residential development, very little or no weight can be afforded to it because it cannot be considered to be up to date in the absence of a 5 year land supply. Being outside the development boundary for Chirk Bank identified by OBLP Policy H6 the site is considered to be open countryside. In such situations development has been resisted to date due to conflict with policy CS5 of the Core Strategy. However in relation specifically to residential development this policy can no longer be considered up to date as it has the effect of limiting development at a time when there is a identified lack of housing land supply.

6.1.5 At this present time the village of Chirk Bank has not yet been formally designated as a Hub or a Cluster. The SAMDev Preferred Options document produced in March 2012 did not include any reference to how, or if Chirk Bank would be designated. Since that date the Parish Council have stated that they wish Chirk Bank to be considered as a ‘cluster’ although no details have yet been formulated on where housing development would be located or where any development boundaries would be positioned.

6.1.6 The SAMDev Plan preparation process is on-going. In situations where there is a consensus of opinion regarding the emerging policies for a settlement and development proposals are supported by the community within which they are being proposed, some weight can be given to the emerging SAMDev Plan policies. In settlements where policy issues remain unresolved and development proposals come up against objections from the local community, or mixed views, then existing policy must prevail. However, as previously explained some of these existing policies are now no longer considered up to date and cannot be awarded significant weight. In this particular instance the Parish Council have supported the application as they consider it to be a ‘suitable location for infill development’. Despite the support of the Parish Council the scheme has attracted 81 letters of objection from local residents.

6.1.7

The weight that can be awarded to those saved Local Plan and Core Strategy policies which relate to the supply and location of housing has been significantly reduced due to the lack of a 5 year housing land supply. As a consequence the balance of material consideration is now in favour of boosting housing supply in



locations that are considered to be sustainable even if they fall outside of the defined development boundaries. In this instance it is considered that the site is in a sustainable location where there is access to services and public transport. The site would represent a logical expansion of the village as it would infill a gap fronting on to the main road through the settlement and is at the heart of the village. As such it is considered that the principle of the development is acceptable in this sustainable location and would assist in contributing towards the delivery of housing numbers in Shropshire.

6.2 Progress of SAMDev 6.2.1 Shropshire Council is in the fortunate position of having a Core Strategy in place

and full weight can be attached to the majority of the policies; but not those relating to housing land in the absence of the 5 year supply. The NPPF paragraphs 214 and 215 apply, this means that as the Core Strategy was adopted post 2004, full weight can be awarded to the majority of the policies up to the end of March 2013, and then full weight after that to; excluding those relating to housing land supply land development. This is because the Planning Policy Team has been undertaking the required self-assessment of the degree of consistency of the current policies with the NPPF and they are of the opinion that the Core Strategy is on the whole in conformity with the NPPF.

6.2.2 With regard to windfall sites such as this, the advice that has been received from the Planning Policy section when considering such application during this period of transition is as follows: Is there continuing Parish Council support for the identification of the settlement as a Community Hub/Cluster Is there Parish Council support for the particular proposal; Are the particular proposals controversial locally in terms of the principle of development in the settlement (i.e. should it be a Hub/Cluster) and scale of the development relative to the settlement and its emerging housing target. Is there headroom within the emerging housing target for the settlement and, if a potential problem, has the Parish Council expressed concerns in that respect; Do the proposals meet the other requirements of Policy CS4 i.e. makes sufficient community contribution, is sympathetic in scale and design, and satisfies Policy CS6;

6.3 Siting, scale and design of structure 6.3.1 Although only at an outline application stage, the applicant has provided an

indicative layout of the site. The plan shows seven detached dwellings which would include two bungalows, one pair of semi-detached dwellings and three detached properties. The erection of 7 dwellings on the site would be of a density that is in keeping with that of neighbouring developments.

6.3.2 The precise design and layout of the development would be fully considered a part of any subsequent reserved matters application. However, it is considered that although the proposal would result in the loss of an open and green space within the village, the site is of sufficient size to accommodate 7 dwellings without resulting in its over development and that there would not be any detrimental impact upon the character and appearance of the locality.



6.4 Impact on the Pontcysyllte World Heritage Site 6.4.1 The site is located within the buffer zone for the world heritage site which is

specifically referred to in policy CS17 of the Core Strategy. The purpose of the buffer zone is not to impose a blanket conservation approach to the entire area but to encourage contextual awareness to conserve and enhance the World Heritage Site. In this instance the size of the development proposed and its location would not have any impact on the views either into or from the World Heritage Site or impact upon any historic building or structures associated with it.

6.5 Ecology 6.5.1 In support of the application the applicant provided an independent preliminary

ecological appraisal of the site. The report did identify a smooth newt on the site but as this was found to be nearly twice the survey requirement guide distance of 100 a survey for Great Crested Newts was not required. The report did recommend that construction works are carried out between October and February to avoid harm to nesting birds, grass snakes and smooth newt.

6.5.2 On the boundary of the site there some mature trees which do make a positive contribution to the character of the area. The trees are worthy of being retained but they are in positions which would have prevent the land from being developed. As such as part of any subsequent reserved matters application should be accompanied by an assessment of the trees which in turn should inform the layout of the development.

6.6 Highway Safety 6.6.1 Access to the site is one of the items that is reserved for a later approval. At this

outline stage the Planning Authority must be satisfied that an access can be created which would not impact upon the safety of highway users. The application site is set behind a hedge which is in turn behind a small highway verge. The road in both directions is on the outside of a slight bend which will allow good levels of visibility to be provided in both directions, although this may require the cutting back or the removal of some sections of hedgerow. The Council’s Highways Section has no objection to the scheme subject to providing a pedestrian footpath across the frontage of the site to ensure the safety of pedestrians.

6.7 Affordable Housing 6.7.1 The scheme for seven dwellings proposes that three will be ‘affordable’. The details

submitted show that one would be a 2-bed shared-ownership bungalow and two would be 3-bed shared ownership semi-detached dwellings. The proposed percentage of affordable dwellings would be 43%, this significantly exceeds the current policy requirement of just 13% as set by policy CS11 of the Core Strategy. At 13% the applicant would only need to make a financial contribution as it would equate to only 0.91 of an affordable unit on a overall development of seven dwellings. The applicant has stated that the four open market dwellings would help to subsidise the provision of the affordable units; without which the scheme would be unviable.

7.0 CONCLUSION 7.1 The recently published Five Year Housing Land Supply Statement has shown that

there is less than a 5 year supply. As a consequence a number of the policies relating to housing supply are now considered to be out of date and as such the



key issue is whether the development is in a sustainable location rather than whether it is located within a defined development boundary. The NPPF is in favour of delivering sustainable development. The proposed site is on the edge of a significant settlement and is therefore considered to be in a sustainable location. Furthermore it could be developed without there being any detrimental impact upon the amenities of the area, ecological impacts or the safety of highway users.

7.2 It is considered, on balance, that the community benefits of providing the three affordable dwellings ,the support given to the scheme by the Parish Council ,the lack of a 5 year housing land supply and the sustainable position of the site do outweigh the concerns that have been expressed by local residents. Accordingly the proposed residential development would be considered to comply with the aims and requirements of the relevant parts of adopted Polices CS4, CS5 and CS6 of the Shropshire Core Strategy having regard to paragraph 14 of the National Planning Policy Framework.

10. Background

Relevant Planning Policies

Central Government Guidance: National Planning Policy Framework

West Midlands Regional Spatial Strategy Policies: Core Strategy and Saved Policies: CS4- Community Hubs and Clusters CS5- Countryside and Green Belt CS6- Sustainable Design and Development Principles CS17- Environmental Networks RELEVANT PLANNING HISTORY:

PREAPP/09/01298 Ecological Surveys for Chirk Bank on proposed affordable housing site (Speaks Field) REC 12/04031/OUT Outline application for the erection of 7No dwellings (all matters reserved) PDE OS/02/11918/FUL Extension to existing dwelling INSFEE 10th April 2002 12/04031/OUT Outline application for the erection of 7No dwellings (all matters reserved) PDE



11. Additional Information

List of Background Papers (This MUST be completed for all reports, but does not include items containing exempt or confidential information)

Cabinet Member (Portfolio Holder)

Cllr M. Price

Local Member Cllr Trevor Davies Cllr David Lloyd MBE

Appendices

APPENDIX 1 - Conditions



APPENDIX 1 Conditions

STANDARD CONDITION(S) 1. Details of the (access, appearance, landscaping, layout, scale) (hereinafter called "the

reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason: The application is an outline application under the provisions of Article 1(2) of the

Town and Country Planning General Development (Procedure) Order 1995 and no particulars have been submitted with respect to the matters reserved in this permission.

2. Application for approval of reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act, 1990. 3. The development hereby permitted shall begin before the expiration of two years from the date of approval of the last of the reserved matters to be approved. Reason: This condition is required to be imposed by Section 92 of the Town and Country Planning Act, 1990. 4. The following information shall be submitted to the local planning authority concurrently with the first submission of reserved matters: The means of enclosure of the site The levels of the site The drainage of the site The finished floor levels A full arboricultural implication assessment and tree protection plan. Reason: To ensure the development is of an appropriate standard. 5. All development, demolition or site clearance procedures on the site to which this consent applies shall be undertaken in line with the Preliminary Ecological Appraisal by Gerald Longley September 2012 revised November 2012. Reason: To ensure the protection of wildlife 6. The works on the site to which this consent applies shall be undertaken in line with the DPA Site Plan P-01 dated 09/12 including the planting of species rich hedge along the north side of the site and the retention of 2 mature oaks. Reason: To ensure the protection of bats, a European Protected Species



CONDITION(S) THAT REQUIRE APPROVAL BEFORE THE DEVELOPMENT COMMENCES 7. No development shall take place until a soakaway test(s) has been carried out in

accordance with BRE Digest 365, or such other guidance as may be agreed in writing by the Local Planning Authority and the agreed recommendations shall be implemented in full prior to the first occupation of the development.

Reason: To ensure that the site can be adequately drained. CONDITION(S) THAT REQUIRE APPROVAL DURING THE CONSTRUCTION/PRIOR TO THE OCCUPATION OF THE DEVELOPMENT CONDITION(S) THAT ARE RELEVANT FOR THE LIFETIME OF THE DEVELOPMENT Informatives 1. The land and premises referred to in this planning permission are the subject of an

Agreement under Section 106 of the Town and Country Planning Act 1990. 2. Great Crested Newts are protected under the European Council Directive of 12 May

1992 on the conservation of natural habitats and of wild fauna and flora (known as the Habitats Directive 1992), the Conservation of Habitats and Species Regulations 2010 and under the Wildlife & Countryside Act 1981 (as amended).

If a Great Crested Newt is discovered on the site at any time then all work must halt and

Natural England should be contacted for advice. 3. All species of bats found in the UK are European Protected Species under the Habitats

Directive 1992, the Conservation of Species and Habitats Regulations 2010 and the Wildlife & Countryside Act 1981 (as amended).

If a bat should be discovered on site at any point during the development then work must halt

and Natural England should be contacted for advice. 4. The active nests of all wild birds are protected under the Wildlife & Countryside Act 1981

(As amended). An active nest is one being built, containing eggs or chicks, or on which fledged chicks are still dependent. All clearance, conversion and demolition work in association with the approved scheme should be carried out outside of the bird nesting season which runs from March to September inclusive. If it is necessary for work to commence in the nesting season then a pre-commencement inspection of the vegetation and buildings for active bird nests should be carried out. If vegetation cannot be clearly seen to be clear of bird's nests then an experienced ecologist should be called in to carry out the check. Only if there are no active nests present should work be allowed to commence.

5. Where possible trenches on the site to which this consent relates should be excavated

and closed in the same day to prevent any wildlife becoming trapped. If it is necessary to leave a trench open overnight then a means of escape should be provided in the form of



a sloped board, plank or earth ramp. All open trenches should be inspected at the start of each working day to ensure no animal is trapped. Open pipework should be capped overnight to prevent wildlife taking refuge inside.

6. No works should occur within 30m of the badger sett without a Badger Disturbance

Licence from Natural England in order to ensure the protection of badgers which are legally protected under the Protection of Badgers Act (1992).

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