PLANNING COMMITTEE 22 February 2016 Agenda Item 4 Contact

Transcription

PLANNING COMMITTEE
22 February 2016
Agenda Item 4
Contact Officer: Claire Billings
Telephone: 01543 308171
Report of the Strategic Director – Democratic, Development and Legal Services
LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT, 1985
All documents and correspondence referred to within the report as History, Consultations and Letters
of Representation, those items listed as ‘OTHER BACKGROUND DOCUMENTS’ together with the
application itself comprise background papers for the purposes of the Local Government (Access to
Information) Act, 1985.
Other consultations and representations related to items on the Agenda which are received after its
compilation (and received up to 5 p.m. on the Friday preceding the meeting) will be included in a
Supplementary Report to be available at the Committee meeting. Any items received on the day of
the meeting will be brought to the Committee’s attention. These will also be background papers for
the purposes of the Act.
FORMAT OF REPORT
Please note that in the reports which follow
1
‘Planning Policy’ referred to are the most directly relevant Development Plan Policies in each
case. The Development Plan comprises the Lichfield District Local Plan Strategy (2015) and
saved policies of the Lichfield District Local Plan (1998) as contained in Appendix J of the
Lichfield District Local Plan Strategy (2015).
2
The responses of Parish/Town/City Councils consultees, neighbours etc. are summarised to
highlight the key issues raised. Full responses are available on the relevant file and can be
inspected on request.
3
Planning histories of the sites in question quote only items of relevance to the application in
hand.
ITEM ‘A’
Applications for determination by Committee FULL REPORT
(Gold Sheets)
ITEM ‘B’
Lichfield District Council applications, applications on Council owned land (if any)
and any items submitted by Members or Officers of the Council.
(Gold Sheets)
ITEM ‘C’
Applications for determination by the County Council on which observations are
required (if any); consultations received from neighbouring Local Authorities on
which observations are required (if any); and/or consultations submitted in
accordance with Circular 18/84 on which observations are required (if any).
(Gold Sheets)
AGENDA ITEM NO. 4
ITEM A
APPLICATIONS FOR DETERMINATION BY COMMITTEE: FULL REPORT
22 February 2015
CONTENTS
Page
No.
Case No.
Site Address
Parish/Town
Council
A1
15/00782/FULM
Former What Cross Keys
Lichfield
Lichfield
A20
15/00979/LBC
115 Main Street Alrewas
Alrewas
A25
15/01198/OUTM
Land Adjacent Hayes Meadow
Primary School Spode Avenue
Handsacre Rugeley
A50
15/01200/FUL
25 Main Street Alrewas
Armitage With
Handsacre
Alrewas
LOCATION PLAN
D i s t r i c t C o u n c i l
F r o g L a n e
L i c h f i e l d
S t a f f s
W S 1 3 6 Y Y
Scale:
Drawn By:
15/00782/FULM
Former What
Cross Keys
Lichfield
H o u s e
T e l e p h o n e : 0 1 5 4 3 3 0 8 0 0 0
e n q u i r i e s @ l i c h f i e l d d c . g o v . u k
Dated:
1:1,000
February 2016
:
Drawing No:
© Crown Copyright
Database Rights 2015
Lichfield District Council
Licence No: 100017765
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15/00782/FULM
DEMOLITION OF FORMER "WHAT!" RETAIL UNIT AND ERECTION OF 34 NO
APARTMENTS AND 2 NO RETAIL UNITS (CLASS A1), CAR PARKING,
SERVICING AND ASSOCIATED WORKS
FORMER WHAT!, CROSS KEYS, LICHFIELD, STAFFORDSHIRE
FOR FORTITUDE INVESTMENTS (COMMERCIAL) LTD
Registered on 04/10/15
Parish: Lichfield
Note: This application is being reported to Planning Committee as there are more than 2
requirements for S106 planning obligations.
RECOMMENDATION: Subject to the owners/applicants first entering into a Section
106 Legal Agreement under the Town and Country Planning Act (as amended) to
secure contributions/planning obligations towards:1.
2.
3.
4.
Open space, sport and recreation;
Participation in indoor sport and physical activity;
On-site affordable housing provision; and
Management Company for maintenance of all communal areas and SUDs system.
Approve, subject to the following conditions and summary of reasons for granting
consent:
CONDITIONS:
1.
The development hereby approved shall be begun before the expiration of three
years from the date of this permission.
2.
The development authorised by this permission shall be carried out in complete
accordance with the approved plans and specification, as listed on this decision notice,
except insofar as may be otherwise required by other conditions to which this permission is
subject.
CONDITIONS to be complied with PRIOR to the commencement of development
hereby approved:
3.
Notwithstanding any description/details in the application documents, before the
development hereby approved is commenced full details of the following shall be submitted
to and approved in writing by the Local Planning Authority:
(i) External brickwork;
(ii) Roof and wall materials;
(iii) Windows, shopfronts and external door details together with proposed exterior
finish with sections at a minimum scale of 1:5 and elevations at 1:20;
(iv) Mortar mix, colour, gauge of jointing and pointing, including sample panel;
(v) Eaves detailing;
(vi) Rainwater goods, their materials and designs;
(vii) Finish and colour of render to be used on external walls;
(viii) Fascia finishes;
(ix) Hard landscaping around the buildings;
(x) Means of enclosure/boundary treatments; and
(xi) Means of enclosure to the site frontage.
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The development shall thereafter be undertaken in accordance with the approved details
and the means of enclosure to the site frontage shall be retained for the life of the
development.
4.
Before the development hereby approved is commenced, full details of the surface
and foul water drainage, which shall be produced in accordance with the Sustainable
Drainage Assessment & Sustainable Drainage Operation and Maintenance Plan dated
November 2015, shall be submitted to and approved in writing by the Local Planning
Authority.
The approved drainage system shall thereafter be provided before the
development is brought into use.
5.
Before the development hereby approved is commenced, the applicant, or their
agents or successors in title, shall secure the implementation of a programme of
archaeological work, in accordance with a written scheme of investigation, which has been
first submitted to and approved in writing by the Local Planning Authority. The programme
of works shall thereafter be implemented in accordance with the approved scheme.
6.
Before the development, including demolition, hereby approved is commenced, a
Construction Environmental Management Plan shall be submitted to and approved in writing
by the Local Planning Authority. The management plan shall include details of how noise,
vibration and dust associated with the demolition and construction phases are to be
controlled and minimised, the demolition and construction phases shall thereafter be
undertaken in accordance with the approved details.
7.
Before the development hereby approved is commenced, a Service Vehicle
Management Plan for the retail/residential deliveries and refuse collection shall be submitted
to and approved in writing by the Local Planning Authority. Before the development is first
brought into use the Service Management Plan shall be implemented and retained for the
life of the development.
8.
Before any part of the development hereby approved is commenced, the application
site shall be subjected to a detailed scheme for the investigation and recording of any
contamination of the site and a report shall be submitted to and approved in writing by the
Local Planning Authority. The report shall identify any contamination on the site, the
subsequent remediation works considered necessary to render the contamination harmless
and the methodology used. The approved remediation scheme shall thereafter be
completed and a validation report submitted to and approved in writing by the Local Planning
Authority within 1 month of the approved remediation being completed, to ensure that all
contaminated land issues on the site have been adequately addressed prior to the first
occupation of any part of the development, unless otherwise agreed in writing by the Local
Planning Authority.
9.
Before the development hereby approved is commenced, a scheme for protecting
the proposed dwellings from noise from surrounding commercial noise sources shall be
submitted to and approved in writing by the Local Planning Authority. The approved scheme
of noise protection shall thereafter be implemented before the development is first occupied
and shall be the subject of a validation report, which shall be submitted to and approved in
writing by the Local Planning Authority prior to the development being first occupied. The
validation report shall ensure that all noise issues on the site have been adequately
addressed. The approved measures shall thereafter be maintained for the life of the
development, unless otherwise agreed in writing by the Local Planning Authority.
10.
Notwithstanding the submitted details, before the development hereby approved is
commenced, a detailed landscape and planting scheme, shall be submitted to and approved
in writing by the Local Planning Authority. The approved landscape and planting scheme
shall thereafter be implemented within the first available planting season, unless otherwise
agreed in writing by the Local Planning Authority.
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11.
Before the development hereby approved is commenced, the trees and shrubs that
are to be retained as part of the approved landscape and planting scheme shall be protected
throughout the course of all works on site, in accordance with details to be first submitted to
and approved in writing by the Local Planning Authority.
12.
Before the development hereby approved is commenced, details of any proposed
external illumination of the site shall be submitted to and approved in writing by the Local
Planning Authority. The approved scheme of illumination shall thereafter be provided in
accordance with the approved details, unless agreed in writing with the Local Planning
Authority.
13.
Before the development hereby approved is commenced, full details of the secure
weatherproof cycle store shall be submitted to and approved in writing by the Local Planning
Authority. The approved cycle store shall be erected and made available for use prior to the
first occupation / use of the development and shall thereafter be maintained for the life of the
development.
14.
Notwithstanding the submitted details, before the development hereby approved is
commenced, full details of the bin store shall be submitted to and approved in writing by the
Local Planning Authority. The approved bin store shall be erected and made available for
use prior to the first occupation / use of the development and shall thereafter be maintained
for the life of the development.
15.
Before the development hereby approved is commenced, details of the height, type
and position of all fences and other means of enclosure to be erected on the site shall be
submitted to and approved in writing by the Local Planning Authority. Development shall
thereafter be undertaken in accordance with the approved details before the development is
first brought into use and thereafter be retained for the life of the development, unless
otherwise first agreed in writing with the Local Planning Authority.
All other CONDITIONS to be complied with:
16.
Before the development hereby approved is first brought into use, the parking and
manoeuvring areas shown on drawing no. 2709-2 Revision F shall be provided and surfaced
in a porous bound material with the individual bays clearly delineated and shall thereafter be
retained for the life of the development.
17.
Demolition and construction activities, including deliveries to and collections from the
site, shall not take place outside the hours of 0700 to 1800 Mondays to Fridays, 0900 to
1300 on Saturdays and there shall be no activities on the site on Sundays, Bank or Public
Holidays without the prior written permission of the Local Planning Authority.
18.
Prior to the first use of the retail element of the development hereby approved, details
of noise attenuation measures between the retail and residential areas, shall be submitted
to and approved in writing by the Local Planning Authority. The approved measures shall
thereafter be implemented prior to the first occupation of any of the retail units and thereafter
be retained for the life of the development.
19.
The retail premises hereby approved shall not be open outside the hours of 0700 to
2200 on any day.
20.
Deliveries shall be taken at or despatched from the retail premises between the
hours of 0700 and 1900 only on Mondays to Fridays, 0800 to 1300 on Saturdays and at no
time on Sundays, Bank or Public Holidays. Additionally there shall be no deliveries by
refrigerated vehicles between the hours of 0700 and 0800 Mondays to Fridays.
21.
The mitigation recommendations and methods of working specified within the
submitted Bat and Bird Survey by S Christopher Smith, dated 29th June 2015, shall be
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implemented before the commencement of demolition works and the identified new bat
roosting facilities shall be supplied, prior to the first occupation of any dwellings or first use of
the retail premises and thereafter be retained for the life of the development.
22.
Any tree, hedge or shrub planted as part of the approved landscape and planting
scheme (or replacement tree/hedge) on the site and which dies or is lost through any cause
during a period of 5 years from the date of first planting shall be replaced in the next planting
season with others of a similar size and species, unless otherwise agreed in writing by the
Local Planning Authority.
23.
All windows shall be set back a minimum of 50mm from the outer face of the walls.
24.
All works shall be completed outside of the bird nesting season (March to
September), unless otherwise agreed in writing by the Local Planning Authority.
REASONS FOR CONDITIONS
1.
In order to comply with the requirements of Section 91 of the Town and Country
Planning Act 1990, as amended.
For the avoidance of doubt and in accordance with the applicant’s stated intentions,
in order to meet the requirements of Policy BE1 of the Local Plan Strategy and the guidance
contained with the Government document, ‘Greater Flexibility for Planning Permissions'.
2.
3.
To ensure the satisfactory appearance of the development and to safeguard the
character and appearance of the Lichfield City Conservation Area and the setting of nearby
Listed Buildings, in accordance with Core Policy 14 and Policy BE1 of the Lichfield District
Local Plan Strategy, saved Policy C2 of the Local Plan and the National Planning Policy
Framework.
4.
To ensure that the development is provided with a satisfactory means of drainage as
well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the
risk of pollution in accordance with the requirements of Core Policy 3 and Policy BE1 of the
Lichfield District Local Plan Strategy and the National Planning Policy Framework.
5.
To safeguard any archaeological interests in accordance with the requirements of
Core Policy 14 and Policy BE1 of the Lichfield District Local Plan Strategy and the National
Planning Policy Framework.
6.
In order to safeguard the amenities of the occupiers of premises/dwellings in the
vicinity from undue noise, fumes, smells and disturbance in accordance with the
requirements of Core Policy 3 and Policy BE1 of the Lichfield District Local Plan Strategy.
7
In order to safeguard the amenities of the future occupiers and occupiers of
premises/dwellings in the vicinity from undue noise and disturbance and in the interests of
highway safety in accordance with the requirements of Core Policy 3 and Policy BE1 of the
Lichfield District Local Plan Strategy and the National Planning Policy Framework.
8.
To protect the water environment and to safeguard the amenity of future site users, in
accordance with the requirements of Core Policy 3, and Policy BE1 of the Local Plan
Strategy and the National Planning Policy Framework.
9.
To safeguard the amenity of future occupiers from undue noise and disturbance, and
to ensure the development will not impact upon the on-going operation of existing
commercial uses, in accordance with the requirements of Core Policy 3 and Policy BE1 of
the Lichfield District Local Plan Strategy and the National Planning Policy Framework.
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10.
To ensure that a landscaping scheme to enhance the development is provided and to
safeguard the character and appearance of the Lichfield City Conservation Area in
accordance with Core Policy 14 and Policies BE1 and NR4 of the Lichfield District Local
Plan Strategy and saved Policy C2 of the Local Plan .
11.
To ensure the adequate protection of existing trees and shrubs to be retained and to
safeguard the character and appearance of the Lichfield City Conservation Area in
accordance with Core Policy 14 and Policies BE1 and NR4 of the Lichfield District Local
Plan Strategy, saved Policy C2 of the Local Plan and the National Planning Policy
Framework.
12.
In order to safeguard the amenities of the occupiers of premises/dwellings in the
vicinity from undue artificial light disturbance and in the interests of highway safety in
accordance with the requirements of Core Policy 3 and Policy BE1 of the Lichfield District
Local Plan Strategy and the National Planning Policy Framework.
13.
To promote the use of sustainable modes of transportation in accordance with the
Sustainable Development Supplementary Planning Document and the National Planning
Policy Framework.
14.
To ensure the provision of an adequately proportioned bin store to suit the needs of
the site and to safeguard the character and appearance of the Lichfield City Conservation
Area, in accordance with Core Policy 14 and Policies BE1 and NR4 of the Lichfield District
Framework.
15.
To ensure the satisfactory appearance of the development in accordance with the
requirements of Policy BE1 of the Local Plan Strategy and the National Planning Policy
Framework.
16.
In the interests of highway safety and in accordance with Policy BE1 of the Local
Plan Strategy and the National Planning Policy Framework.
17.
To safeguard the amenities of the occupiers of premises/dwellings in the vicinity from
undue noise and disturbance in accordance with the requirements of Core Policy 3 and
Policy BE1 of the Lichfield District Local Plan Strategy and the National Planning Policy
Framework.
18.
To safeguard the amenity of future occupiers from undue noise and disturbance in
19.
20.
21.
To ensure the adequate provision for protection of bats and birds in accordance with
the requirements of the National Planning Policy Framework and Policy NR3 of the Lichfield
District Local Plan Strategy.
22.
To ensure that an approved landscaping scheme is implemented in a speedy and
diligent way and that any initial plant losses are overcome in the interests of the visual
amenities of the locality and in accordance with Policy BE1 of the Local Plan Strategy and
the National Planning Policy Framework.
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23.
To ensure the satisfactory appearance of the development and to safeguard the
character and appearance of the Lichfield City Conservation Area and the setting of nearby
Listed Buildings, in accordance with Core Policy 14 and Policy BE1 of the Lichfield District
Framework.
24.
To ensure the adequate provision for protection of birds in accordance with the
requirements of the National Planning Policy Framework and Policy NR3 of the Lichfield
NOTES TO APPLICANT
1.
The Development Plan comprises the Lichfield District Local Plan Strategy (2015)
and saved policies of the Lichfield District Local Plan (1998) as contained in Appendix J of
the Lichfield District Local Plan Strategy (2015).
2.
The applicant’s attention is drawn to The Town and County Planning (Fees for
Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012,
which requires that any written request for compliance of a planning condition(s) shall be
accompanied by a fee of £28 for a householder application or £97 for any other application
including reserved matters.
3.
During the course of the application, the Council has sought amendments to the
proposals to ensure a sustainable form of development, which complies with the provisions
of paragraphs 186-187 of the NPPF.
4.
The applicant’s attention is drawn to the comments of Severn Trent Water in their
letter dated 7th January attached hereto.
5.
In complying with the requirements of condition 14 the applicant’s attention is drawn
to the comments of the Council’s Operational Services Customer Relations and
Performance Manager in her e-mail dated 11th December 2015 attached hereto.
6.
The applicant’s attention is drawn to the comments of the National Grid in their e-mail
dated 16th December 2015 attached hereto.
7.
The applicant is advised to note and act upon as necessary the comments of the
Police Architectural Liaison Officer dated 30th November 2015. Where there is any conflict
between these comments and the terms of the planning permission, the latter takes
precedence.
8.
The applicant’s attention is drawn to the comments of the Staffordshire County
Council Flood Team in their response dated 18th June 2015.
9.
The applicant is advised to contact the Local Planning Authority prior to displaying
any signs within the site to determine whether advertisement consent is required.
PLANNING POLICY
Major Departure – No
National Guidance
National Planning Policy Framework
National Planning Practice Guidance
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Lichfield District Local Plan Strategy (2015)
Core Policy 2 – Presumption in Favour of Sustainable Development
Core Policy 3 – Delivering Sustainable Development
Core Policy 6 – Housing Delivery
Core Policy 7 – Employment and Economic Development
Core Policy 8 – Our Centres
Core Policy 10 – Healthy and Safe Lifestyles
Core Policy 11 – Participation in Sport and Physical Activity
Core Policy 14 – Our Built and Historic Environment
Policy ST2 –Parking Provision
Policy H1 – A Balanced Housing Market
Policy H2 – Provision of Affordable Homes
Policy NR3 – Biodiversity, Protected Species and their Habitats
Policy NR4 – Trees, Woodlands and Hedgerows
Policy NR5 –Natural and Historic Landscapes
Policy NR7 – Cannock Chase Special Area of Conservation
Policy BE1 – High Quality Development
Policy Lichfield 1 – Lichfield Environment
Policy Lichfield 3 – Lichfield Economy
Policy Lichfield 4 – Lichfield Housing
Saved Local Plan Policies (1998)
Policy C2 – Character of Conservation Areas
Policy L16 - Secondary Retail Area
Supplementary Planning Documents
Historic Environment
Sustainable Design
Trees and Development
Planning Obligations
Open Space, Sports and Recreation
Biodiversity and Development (Draft)
Trees and Development (Draft)
Other
Staffordshire and Stoke on Trent Joint Waste Local Plan
Lichfield City Conservation Area Appraisal
Lichfield City Neighbourhood Plan
RELEVANT PLANNING HISTORY
97/00902/FUL – Continuance of use without complying with condition regarding goods
restriction – Conditional Approval – 18.11.97.
00/00783/FUL – Erection of conservatory to be used for additional retail sales area –
Conditional Approval – 03.10.00
01/00640/FUL - Erection of cover over an outside area – Conditional Approval – 29.08.01
02/00514/FUL – Erection of two single storey extensions – Conditional Approval – 12.08.02
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CONSULTATIONS
Lichfield City Council – No objections (11.01.16)
Whilst welcoming the redevelopment of the site for residential purposes, identifies the
development as having an unimaginative cell block appearance, which fails to integrate with
or improve the appearance of the conservation area. Raise concerns also regarding the low
level of off street car parking (03.08.15).
Arboricultural Officer – The revised layout addresses previous concerns.
commencement landscaping conditions are recommended (14.12.15).
Pre-
The two semi-mature trees located to the rear of the site should be retained within the
application, whilst new tree planting should be secured within the parking layout (25.11.15).
A landscaping layout within the site can be secured through the use of a suitably worded
condition (18.08.15).
Ecology Officer – No objection. Note that the submitted Bat and Bird Survey identifies that
the building is used by Pipestrelle bats. Recommend therefore that the demolition works be
undertaken in accordance with the measures identified within the conclusion of the Survey,
including the provision of a temporary bat roost within the site during development works and
the installation of two bat bricks into the new building.
The site is also being utilised by breeding birds and therefore demolition should occur
outside of the breeding season (29.07.15).
Spatial Policy and Delivery Manager – No objection. The development accords with
national and local planning policy and constitutes an important economic development
opportunity for this neglected city centre site. The development will require contributions in
respect to Indoor Sport; Open Space, Sport and Recreation; Affordable Housing and the
Cannock Chase SAC (18.08.15 / 15.01.16).
Historic England – No specific comments regarding the re-siting of the bin store (16.12.15).
Request the bin store be relocated to create a more pleasant view into the site from Cross
Keys (20.11.15).
Recommend that the application be determined in accordance with national and local
planning policy guidance and on the basis of the Council’s Specialist Conservation advice.
Encourage the aspiration of an active ground floor frontage to Cross Keys and raise no
objections to the principle of using a contemporary design within this location. Do however
raise some concerns regarding the massing of the development, given four storey blocks are
not characteristic of this part of Lichfield. The scheme also utilises an unduly prominent
brick parapet feature.
Encouraged by the proposed use of high quality materials within the development but would
recommend additional elevation detail rather than reliance upon copper to add visual interest
(18.08.15).
Conservation Officer – No objection to the overall design but raises concerns regarding the
use of copper. This material could be too bright and as a result unduly visible within wider
views of the site from surrounding historic buildings and public footpaths. Therefore
recommends a condition to agree all facing materials at a later date (28.01.16).
The amendments to the scheme, in particular the reduction in height of the parapet wall, to
be replaced by a glazed screen, thereby reducing the bulk of the third storey is welcomed.
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However, raise concerns regarding the bulk of the building created by the fourth floor
addition to the north eastern apartment block.
Recommends a condition to secure the maintenance of any landscaped areas to the front of
the site. Request indicative details of the proposed materials (31.12.15)
Principle of demolishing the existing buildings and erecting a mixed use development
considered acceptable. However the mass of the new buildings could have adverse impacts
on the wider townscape.
Whilst the use of a modern style within the site is considered acceptable, the proposed
elevations fail to replicate the elevation pattern of Georgian buildings within the adjacent
conservation area. As a result the development lacks local distinctiveness and could
struggle to successfully integrate into the character of the City.
Agree with the comments of Historic England in relation to the use of copper (29.07.15)
Environmental Health Manager – No objection, subject to conditions in respect to noise
and contaminated land (31.07.15).
Operational Services Manager – The refuse store is insufficiently large to accommodate
the number of refuse and recycling bins needed for the number of apartments within the
development (11.12.15)
The bin store is located within the internal courtyard and therefore is not directly accessible
from the highway. The swept path analysis shows that a refuse vehicle can enter and exit
the site safely. However in order for the vehicle to enter the site an indemnity will be
required. (17.11.15)
Provides detail of the requirements for the storage and disposal of both commercial and
residential waste (05.08.15)
Housing Strategy and Enabling Manager – Identifies that the housing mix is appropriate
given the city centre location of the site. Requires that 25% of the units be affordable (9
units), with 6 social rented and 3 shared ownership. For management purposes the
affordable units will need to be accessed from their own door entry system (04.08.15).
Staffordshire County Council (Highways) – No objection. Advises that given the
development is served from a private road would not wish to issue conditions in respect of
the parking provision. Recommends however that if the Local Planning Authority are minded
to approve the scheme then it should satisfy itself that sufficient parking is available and the
parking bays are clearly delineated prior to first occupation. Advises that in order to improve
sustainability, a cycle store should be provided in a secure outbuilding (06.08.15).
Staffordshire County Council (Archaeology) – The site lies within an area of historic
environment potential. Therefore recommends that a condition be attached to any
permission requiring the submission and approval, prior to the commencement of
development, of a written scheme of archaeological investigation (11.08.15).
Staffordshire County Council (Rights of Way) – There are no rights of way that cross the
application site (03.12.15)
Staffordshire County Council (Education) – No education contribution required given that
the development contains solely apartments (05.08.15).
Staffordshire County Council (Flood Team) – No objection subject to the development
being undertaken in accordance with the recommendations of the approved Sustainable
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Drainage Assessment & Sustainable Drainage Operation and Maintenance Plan dated
November 2015 (27.11.15).
Object to the development as the application has been submitted without any analysis of the
pluvial flood risks associated with developing the site (18.08.15).
Severn Trent Water – No objection, subject to a condition securing details of a suitable
surface water and foul sewage to be submitted to and approved by the Local Planning
Authority (12.08.15).
Lichfield Civic Society – The site is located near Lichfield’s historic core and therefore the
development must be designed to integrate successfully into this townscape. The design of
the development is unacceptable, with overly dominant large scale windows and elevations
lacking architectural detail.
The design could be acceptable in another location but within this part of Lichfield a scheme
which reflects the historic nearby architecture would be preferable (01.12.15).
National Grid – Identifies that there are gas pipes and associated equipment in the vicinity
of the application site. The applicant is therefore required to ensure that the development
does not infringe on the National Grid’s legal rights (31.07.15).
Police Architectural Liaison Officer – No objection but stress the importance of not
promoting crime through unnecessary permeability. It is important that a high level of
physical security is incorporated in these proposals. Draw the applicants’ attention to the
Secured by Design Website (18.08.15).
LETTERS OF REPRESENTATION
One letter of support for the development has been received from a neighbouring business
who consider that the development will make a significant improvement to the area.
One letter of objection has been received stating that the development has a number of
windows serving habitable rooms, which will overlook the neighbouring former Kwik Save
site, impacting upon its future redevelopment.
OTHER BACKGROUND DOCUMENTS
The developer has submitted the following documents in support of their application:
Planning and Heritage Statement
Design and Access Statement
Bat and Bird Survey
OBSERVATIONS
Site and Location
The application relates to the former What! Store, which is located on the southern side of
Cross Keys. The site lies within the Secondary Retail Area of Lichfield City Centre and
within the Lichfield City Conservation Area. The existing property is two storeys in height
and is presently unoccupied. The building is constructed primarily of red brick, with white
render detailing to the front elevation. Surrounding buildings comprise a mix of styles, but
are generally 2 or 3 storeys in height and comprise a mix of retail, offices, leisure and
residential uses.
Page A10
Background
Members will recall that planning permission and demolition consent were granted on 22nd
September 2010, for the neighbouring former Kwik Save site.
The applications,
10/00853/FULM and 10/00854/CON proposed the partial demolition of the existing building,
with the front façade retained with new build to the rear to create a bar/restaurant/retail unit
and 87 bedroom hotel and associated facilities. The new building was to be five stories in
height (up to 16.5m) and linear in form measuring 73.5m length by 17.5m width. Those
consents were not implemented and in 2013 consent was granted for an extension of time
within which to implement the permission. These permissions have not been implemented
although remain implementable until September 2016.
In 2015 members will recall recommending for approval, subject to the signing of a Section
106 agreement, a revised scheme to develop this neighbouring site through a partial
demolition and new build to provide a retail unit at ground floor with 5 apartments above and
9 no. new residential dwellings to the rear of the site. It is noted that the Section 106
agreement is yet to be signed, so no decision has been issued for this development. As
such, the approved hotel scheme has primacy in terms of being material to considering this
planning application, although regard should be had to the recent scheme.
Proposals
Approval is sought for the demolition of the existing buildings within the application site and
the erection of two replacement buildings to contain 34 apartments (10 one bedroom, 22 two
bedroom and 2 three bedroom) and 2 retail units, with associated car parking, servicing,
including bin and cycle stores and associated works.
The proposed buildings are both shown to be four storeys, having a maximum height of 11.9
metres. The north building, located adjacent to Cross Keys, is proposed to contain two
ground floor retail units, which are each to have a floor area of 64.2 square metres and 21
apartments. The southern building is proposed to contain 13 apartments.
The development would utilise the existing vehicular access from Cross Keys. The access
would serve 35 off street car parking spaces, which are to be created to the rear of the site.
It is also proposed to erect a 24 space covered cycle store, a detached bin store and an
urban courtyard garden.
Determining Issues
1) Policy and Principle of Development
2) Design and Impact on the Character and Appearance of the Conservation Area
and the Setting of Listed Buildings
3) Highways and Parking
4) Impact on Neighbouring Amenity
5) Biodiversity
6) Archaeology
7) Landscape and Planting
8) Planning Obligations
9) Other Issues
10) Human Rights
1.
Planning Policy and Principle of Development
1.1
Section 38 (6) of the Planning and Compulsory Purchase Act (2004) sets out that the
determination of applications must be made in accordance with the development
plan, unless material considerations indicate otherwise. The Development Plan for
Lichfield District comprises the Lichfield District Local Plan (1998) (saved policies)
and the Local Plan Strategy 2008-2019.
Page A11
1.2
Paragraph 14 of the NPPF sets out a presumption in favour of sustainable
development and within the Ministerial Foreword, it states “development that is
sustainable should go ahead, without delay”. Therefore consideration has to be
given to whether this scheme constitutes a sustainable form of development and
whether any adverse impacts would significantly and demonstrably outweigh the
benefits it would deliver.
1.3
The supply of housing land is regarded as having a social and economic role and in
order to significantly boost the supply of housing, the NPPF requires that Councils
should identify and update annually a supply of specific deliverable sites sufficient to
provide five years delivery of housing provision. In addition, a buffer of 5% (moved
forward from later in the plan period) should also be supplied, to ensure choice and
competition in the market for land. Where there has been a record of persistent
under delivery of housing, local planning authorities should increase the buffer to
20% (moved forward from later in the plan period) to provide a realistic prospect of
achieving the planned supply and to ensure choice and competition in the market for
land.
1.4
Lichfield District Council’s latest published housing land supply position is set out
within the SHLAA 2014 Addendum at table 3.2. It was evidenced that at that point
there was a 6.48 year housing land supply. The rebuttal statement for the Public
Inquiry (APP/K3415/W/14/2225799) at Dark Lane, Alrewas, resulted in the District
Council removing a number of dwellings from this calculation, which it accepted had
been incorrectly included within the five year calculation. The latest updated position
therefore, contained within the ‘5 Year Housing Land Supply note’ (July 2015),
demonstrates that there is a 5.67 year supply of housing land within Lichfield District.
1.5
Given that the Council can demonstrate a 5 year housing supply it falls for this
scheme to be considered, in the first instance, against the Policies contained within
the Local Plan Strategy.
Local Plan Strategy
1.6
The Lichfield District Local Plan Strategy was adopted on 17th February and now
comprises the Development Plan. The spatial strategy for the District, set out in Core
Policy 1 includes development focused on Lichfield City including sites within the
existing urban area. Core Policy 6 further supports the focus of development on key
urban and key rural centres, with Lichfield City considered as the most sustainable
settlement within the District. Policy Lichfield 4 ‘Lichfield Housing’ states that
approximately 38% of the District’s housing growth will be provided within Lichfield
with around 46% of this located within the existing urban area.
1.7
Core Policy 3: Delivering Sustainable Development states that the District Council will
require development to contribute to the creation and maintenance of sustainable
communities, and sets out key issues which development should address.
This site lies within the City Centre close to all amenities and is therefore considered
to be highly sustainable.
1.8
The site is also located within the Secondary Retail Area of Lichfield’s City Centre.
Saved Policy L16 of the Local Plan (1998) relates to Secondary Retail Areas within
Lichfield City. This policy aims to maintain important shopping frontages and other
associated city centre uses. Whilst this development would result in the loss of some
retail space, the property has been marketed for a number of years with no interest,
whilst the scheme would retain a retail element.
1.9
Furthermore, the site lies within the Lichfield City Conservation Area where Core
Policy 14 of the Lichfield District Local Plan Strategy and Saved Policy C2 of the
Page A12
Local Plan (1998) apply in relation to the protection and enhancement of the
Conservation Area.
1.10
The housing mix proposed within this site meets the needs of the District identified
within the Southern Staffordshire Districts Housing Needs Study and is therefore
supported by the Local Plan Strategy.
1.11
Given the above policy considerations, it is concluded that the principle of
development for the provision of two retail units and apartments in this City Centre
location is an acceptable one, subject to meeting the requirements of other relevant
development policies. These matters are discussed in detail below.
2.
Design and Impact on the Character and Appearance of the Conservation Area and
the Setting of Listed Buildings
2.1
Local Plan Strategy Core Policy 14 states that “the District Council will seek to
maintain local distinctiveness through the built environment in terms of buildings…
and enhance the relationships and linkages between the built and natural
environment”. This Policy continues to state that the Council will protect and
enhance the built environment and protect the skyline, which is characterised by the
five spires and tree canopies. This requirement should thereafter inform the height,
scale and layout of new development.
2.2
The NPPF (Section 7) advises that “good design is a key aspect of sustainable
development, is indivisible from good planning, and should contribute positively to
making places better for people”. The document continues to state that “permission
should be refused for development of poor design that fails to take the opportunities
available for improving the character and quality of an area and the way it functions”.
2.3
The NPPF also attaches great importance to the design of the built environment,
which should contribute positively to making places better for people. As well as
understanding and evaluating an area’s defining characteristics, it states that
developments should:
:
 function well and add to the overall quality of the area;
 establish a strong sense of place;
 create and sustain an appropriate mix;
 respond to local character and history, and reflect local surroundings and materials;
 create safe and accessible environments; and
 be visually attractive as a result of good architecture and appropriate landscaping.
2.4
Local Plan Strategy Policy BE1 advises that “new development… should carefully
respect the character of the surrounding area and development in terms of layout,
size, scale, architectural design and public views”. The Policy continues to expand
on this point advising that good design should be informed by “appreciation of
context, as well as plan, scale, proportion and detail”.
2.5
Saved Policy C2 of the Local Plan (1998) also seeks to preserve or enhance the
special character and appearance of Conservation Areas and states that
development will not be permitted where the detailed design of buildings would not
respect the character of an area.
2.6
Therefore, in assessing the suitably of this proposal, regard must be had as to
whether the loss of the existing building is justified, and indeed, whether the
replacement buildings would harm any of the facets, which individually and
collectively combine to create the unique character of the Conservation Area.
Page A13
2.7
In terms of the existing building, it is modern construction, vaguely utilising Victorian
elevation characteristics and is not considered to be of any significant architectural or
historic merit. Therefore, there is no objection to the demolition of the building, as it
does not make a positive contribution to the character or appearance of the
Conservation Area. This is a view shared by the Councils’ Conservation Officer and
Historic England.
2.8
The residential element of this scheme is divided between two buildings. The
structure to the front of the site is sited parallel Cross Keys, reflecting the existing
building line, created by the apartment buildings to the north east. The second
building is located to the rear of the site, with its frontage overlooking the internal
parking courtyard, which would contain the proposed cycle and bin stores. The rear
of this building would face the current blank side wall of the former Kwik Save
building.
2.9
As detailed above, the proposed buildings are both four-storey flat roof buildings.
The fourth floors of both structures are set back from the elevation, behind glazed
panel balustrades. They are of contemporary design using a mixture of both
traditional (brick) and more modern materials (copper curtain walls and roofing).
2.10
The design of the buildings has evolved throughout the application process. The
main alterations have occurred to the northern building, where part of the fourth floor
of the building has been removed, a fourth floor brick balustrade has been replaced
with glass, to lessen the visual mass of the structure and greater façade interest has
been created through the recessing of part of the front elevation and utilisation of
contrasting materials.
2.11
Both apartment buildings are of a substantial width. Various techniques are
proposed to break down the resultant potential horizontal emphasis to the buildings.
These include the utilisation of large regularly spaced windows and recessed
entrance points. Subject to the use of a condition to ensure that the windows are
appropriately recessed into the elevation, these measures will provide shadow and
depth to the elevations, successfully breaking up their mass.
2.12
The applicant has specified the majority of the proposed materials palette, with the
building largely erected using red bricks. This colour, is typical of the street scene
and character of the wider area, providing a visual link between the modern design
and historic context. The use of copper, in contrast, will reinforce the modernity of
the buildings. It is noted however that there is some concern, raised by both the
Council’s Conservation Officer and Historic England, regarding the use of this
material. These concerns arise given that copper is not evident elsewhere within
Lichfield and therefore lacks historic precedent. Vibrant green detailing could
potentially appear alien to the area. As such a condition to secure the use of an
acceptable material, zinc for instance, is recommended to ensure that an appropriate
contrasting material, appropriate to the character of the development, is secured.
2.13
The development will also require the erection of a number of ancillary buildings and
structures. For instance, it is proposed to erect low level walling to the front of the
site, whilst details of fencing to other boundaries, where necessary, have not yet
been identified. As such a condition to address this matter is required. No elevation
details of the proposed cycle storage structure, whilst the scale of the refuse area
has been considered by the Council’s Waste Services Manager to be insufficient for
the scale of this development and therefore suitable details are also recommended to
be secured via a condition.
2.14
I note the comments of Lichfield Civic Society, who do not consider the development
to be of an appropriate design in this location. However, I am mindful of the views of
the Council’s Conservation Officer who does not raise any objection to the
Page A14
development subject to conditions with respect to materials to ensure a high quality
contemporary appearance. Further, English Heritage has raised no objection to the
development as the scheme provides residential and retail units which are neatly
articulated and pay a contemporary and attractive complement to the established
development in the city centre.
2.15
Given the above, it is considered that the proposal, subject to conditions, will not
cause harm to the historic setting around the site, will not adversely impact on views
towards Lichfield Cathedral or from Stowe Pool, and will be physically well related to
its surroundings. The scheme will preserve and enhance the character and
appearance of the Conservation Area and would not harm the setting of any nearby
Listed Buildings.
3.
Highways and Parking
3.1
The National Planning Practice Guidance on Transport advises that “local planning
authorities should seek to ensure parking provision is appropriate to the needs of the
development and not reduced below a level that could be considered reasonable”.
3.2
The application proposes the provision of 35 off street parking spaces within the
courtyard area. The area is also proposed to offer 24 secure, weatherproof cycle
bays.
3.3
The Supplementary Planning Document ‘Sustainable Design’ contains within
Appendix D, the Council’s Parking Standards. It advises that for a development of 34
apartments, comprising, 11 one bedroom, 22 two bedroom and 2 three bedroom
apartments there should be a maximum provision of 48 car parking spaces and 36
cycle parking spaces. For the 128 square metres of retail space there should be 5
car parking spaces and 1 cycle bay.
3.4
Staffordshire County Council (Highways) raise no objections to the proposal,
although it is advised that given the site is accessed from a private road they have
not considered the suitability of the car parking provision. It is evident that there is an
under provision within this site of both off street car parking and cycle bay provision,
based upon the above maximum figures. However, the apartments will be
sustainably located, given their proximity to the City Centre and the nearby bus and
rail stations. It should also be noted that there is a public car park located opposite
the site, which could easily accommodate additional visitors to the site.
3.5
Staffordshire County Council has also recommended a condition in respect of the
provision and retention of the parking spaces to ensure highway safety, which is
considered a reasonable and necessary condition and is therefore complaint with the
development plan in this regard.
4.
Impact on Amenity of Existing and Future Occupiers
4.1
The NPPF core planning principles includes the requirement that planning should
seek a good standard of amenity for all existing and future occupants of land and
buildings and Local Plan Strategy Policy BE1 seeks to protect amenity by avoiding
development which causes disturbance through unreasonable traffic generation,
noise, light, dust, fumes or other disturbance.
4.2
Most of the surrounding buildings are used for commercial purposes with only the
adjacent building to the north-east currently containing residential apartments. It is
noted that there are windows within the side elevation of this building, which will have
limited amount of light, due to the siting and mass of the northern apartment building.
These windows however serve non-principal living rooms, and currently experience
limited light, due to the existing built form relationship. The remainder of the windows
Page A15
within this block will either overlook the public street, private rear car park, with the
former County Council offices beyond or the adjacent service yard of the former Kwik
Save. The southern block, will overlook, to the rear, the blank side wall of Kwik Save
and to its front, the proposed car park and rear elevation of St Chads Court.
4.3
The Council’s Supplementary Planning Document ‘Sustainable Design’ advises that
there should be a minimum distance of 21 metres between facing principle rooms.
The distance between the proposed front elevation of the southern block and St
Chads Court would be 45 metres and as such the development would integrate
acceptability into the existing built environment.
4.4
As mentioned above there is an approved scheme on the adjacent former Kwik Save
site, along with another approved in principle, subject to the signing of a Section 106
agreement. To the rear of the site there is also an application yet to be determined,
for the conversion of the former County Council offices at 21 Lombard Street) to form
apartments. It is reasonable to consider therefore whether this proposal would
impact upon the deliverability or future residential amenity of these developments
and their potential occupants.
4.5
The rear elevation of the northern building will be located 35 metres from the rear
elevation of County Council building and therefore, as indicated above, this
relationship is considered acceptable. The southern apartment building will be
located 11.5 metres from the shared boundary with the former Kwik Save. The bar,
restaurant and hotel scheme, approved originally in 2010 (ref. 10/00853/FULM),
subsequently extended in 2013, has until 12th September 2016 to be commenced.
This scheme would result in the construction of the hotel a further 3.5 metres from
the boundary, achieving a 15 metre separation distance between the two buildings.
The scheme agreed by Councillors in 2015 (ref. 14/00940/FULM) would have a 23
metre separation distance between the rear of the proposed dwellings and apartment
blocks. The area to the rear of the proposed dwellings, which the apartments would
overlook, would comprise hardstanding, forming the off street car parking for this
neighbouring development. Given the design of both schemes for the Kwik Save site
therefore, there would be no overlooking of private garden space, or, given the
separation distances, any significant overbearing impact. The hotel scheme would
fail to achieve the required separation distance between facing principle living rooms,
but this requirement relates to residential development, rather than commercial and
therefore, whilst not ideal, could not be considered a significant concern. The 23
metre separation is policy compliant.
4.6
The Council’s Environmental Health Officer recommends the imposition of conditions
with respect to noise and contaminated land. I concur with this recommendation and
accordingly recommend the imposition of appropriate conditions in order that the
amenity of existing and future residential occupiers is safeguarded. In addition, it
would also be reasonable and necessary, given the location of the site, relative to
neighbouring residents and future use, to require conditions specific to vibration and
dust during demolition and construction; hours of work for demolition and
construction; noise mitigation measures; external lighting; airborne sound insulation
between the retail premises and the residential units and hours of delivery, collection
and opening for the retail units.
4.7
Most of the residential units will have no dedicated outdoor amenity space. A small
shared urban courtyard is proposed, which would be available to all residents, whilst
some of the units will benefit from balcony areas. This arrangement is not unusual
for apartments and given that the site is also located within the city centre, in close
proximity to the open space at Stowe Pool, I therefore consider that the amenity of
the future occupiers within this location is adequately provided. Consequently I
consider the development is compliant with the residential amenity requirements of
the development plan.
Page A16
5
Biodiversity
5.1
To comply with the guidance contained within Paragraphs 9, 108 and 118 of the
NPPF and the Council’s biodiversity duty as defined under section 40 of the Natural
Environment and Rural Communities Act 2006, new development must demonstrate
that it will not result in the loss of any biodiversity value of the site.
5.2
Due to the Local Planning Authorities obligation to “reflect and where appropriate
promote relevant EU obligations and statutory requirements” (Paragraph 2 of NPPF)
the applicant must display a net gain to biodiversity value, through development, as
per the requirements of the EU Biodiversity Strategy 2020. Furthermore, producing a
measurable net-gain to biodiversity value is also made a requirement of all
developments within Lichfield District under Policy NR3 of the Lichfield District Local
Plan Strategy.
5.3
The applicant has submitted a Bat and Bird Survey with the application, which
identifies that the existing building is being utilised as a roost by Pipestrelle bats. The
report recommends that prior to demolition works commencing, a new temporary bat
roost be established within a retained tree, located within the application site. The
Council’s Ecologist advises that the development be undertaken in accordance with
the recommendations of this report, which will ensure compliance with the
abovementioned legislation and Policies and therefore is considered appropriate.
5.4
The building is also being utilised by nesting birds and therefore demolition works
should occur outside of the bird nesting season (March to September). Should work
need to occur within this period the building must be assessed by a suitably qualified
ecologist.
5.5
A positive ecological impact will be achieved within this site through the installation of
two bat bricks within the development, which is recommended to be secured via
condition. The net gain in biodiversity should be attributed appropriate material
weight as per the guidance of Paragraph 188 of the NPPF. Subject to compliance
with this condition the development accords with the requirements of the NPPF and
Development Plan with regard to ecological considerations.
6.
Archaeology
6.1
Given the site’s location within the Medieval city, Staffordshire County Council
(Archaeology) have assessed the site for archaeological interest and advise that
there is demonstrable archaeological potential within the area and therefore
recommend that the use of a condition to secure a written scheme of archaeological
investigation. There is no objection to this approach and subject to compliance with
this condition the development complies with the requirements of the NPPF and
Development Plan in this regard.
7.
Landscape and Planting
7.1
There are three existing semi-mature trees located to the rear of this site. The trees
are shown to be retained on the proposed block plan and their retention is necessary
to ensure the installation of the bat mitigation measures, identified above. Therefore
the conditions recommended by the Council’s Arboriculture Officer, with regard to
tree protection measures during demolition and construction works and the
submission and approval of a landscaping plan, are considered reasonable and
necessary for the development to accord with the requirements of the NPPF and
Development Plan.
Page A17
8.
Planning Obligations including Cannock Chase SAC
8.1
A development of this scale would generate a requirement for a number of
contributions relating to open space, sport and recreation; and participation in sport
and physical activity. Affordable housing is also required in this instance, as the
development is above the threshold of 15 houses as set out in the Lichfield District
Local Plan Strategy.
8.2
In terms of open space, there is no opportunity to provide open space within the site
and the applicant has therefore indicated that a financial contribution in this regard is
therefore acceptable. This can be secured through a S106 Agreement.
8.3
In line with Core Policy 11 of the Local Plan Strategy, a financial contribution is
required towards improvements to swimming and sports hall provision to serve
Lichfield City and its hinterland. This investment is required to increase the capacity
and quality to cope with the demands arising from the proposal and the sum can be
secured through a S106 Agreement.
8.4
The development proposes the creation of more than 15 dwellings within an urban
environment. The site is therefore over the threshold for the provision of affordable
housing and in line with the Local Plan Strategy Policy H2 the on-site affordable
housing provision should be 25%. The applicant has indicated 9 apartments to be
allocated as affordable, which are accessed separately to the remainder of the site.
The provision and future retention of these dwellings shall be secured via a Section
106 agreement.
8.5
There is also a requirement for the setting up of a management company to maintain
the communal areas to ensure the development retains a satisfactory appearance
within the Conservation Area; and as the access and parking areas are not being
adopted by the Highway Authority. This matter can be addressed through the S106
agreement.
8.6
In terms of other obligations, Staffordshire County Council (Education) have
confirmed that they will not be seeking a financial contribution towards the provision
of education facilities, given that the development is wholly to contain apartments.
Finally, the agreed strategy for the Cannock Chase SAC is set out in Policy NR7 of
the Council’s Local Plan Strategy. This requires that before development is permitted,
it must be demonstrated that in itself or in combination with other development it will
not have an adverse effect whether direct or indirect upon the integrity of the
Cannock Chase Special Area of Conservation, having regard to avoidance or
mitigation measures. In particular, dwellings within a 15km radius of any boundary of
Cannock Chase SAC will be deemed to have an adverse impact on the SAC unless
or until satisfactory avoidance and/or mitigation measures have been secured.
8.7
Subsequent to the adoption of the Local Plan Strategy, the Council adopted further
guidance on 10 March 2015, acknowledging a 15km Zone of Influence and seeking
financial contributions for the required mitigation from development within the 0-8km
zone. However as this site lies within the 8 - 15 km zone, there is no requirement for
a financial contribution.
9.
Other Issues
9.1
In respect to drainage, Severn Trent Water and the Staffordshire County Council
Flood Team have no objections to the proposed development, subject to the
imposition of a condition, with respect to drainage details being submitted and agreed
prior to the commencement of development. I therefore recommend the imposition of
a suitably worded condition.
Page A18
9.2
I note the comments of the neighbouring land owner, however these have been
addressed within the above report.
10.
Human Rights
10.1
The proposals set out in the report are considered to be compatible with the Human
Rights Act 1998. The proposals may interfere with an individuals’ right under Article 8
of Schedule 1 to the Human Rights Act, which provides that everyone has the right to
respect for their private and family life, home and correspondence. Interference with
this right can only be justified if it is in accordance with the law and is necessary in a
democratic society. The potential interference here has been fully considered within
the report and, on balance, is justified and proportionate in relation to the provisions
of national planning policy and the policies of the Development Plan.
Conclusion
The NPPF states that there are three dimensions to sustainable development, namely
economic, social and environmental and that these should be considered collectively and
weighed in the balance when assessing the suitability of development proposals.
Economically the development would facilitate the re-use of an underused Brownfield site,
offer a development opportunity and bring additional residents and potential consumers into
this edge of City Centre location. Furthermore, the provision of two retail units will maintain
an element of commercial offer within this secondary retail location. Socially it has been
demonstrated that the development will not impact upon the reasonable residential amenity
of any existing or proposed future residents within this and neighbouring sites, whilst
conditions can be utilised to protect the future amenity of proposed residents within this site.
Environmentally it is considered that the development is acceptable in this sustainable city
centre site, as subject to the imposition of conditions, the development would preserve and
enhance the character and appearance of the Lichfield City Conservation Area and the
setting of surrounding listed buildings, including views of the Cathedral. Furthermore, it is
considered that the design is acceptable and physically well related to its surroundings. No
significant harm would be caused to highway safety or the amenity of any neighbouring
residents. Additionally the applicant has demonstrated that there would be no harm to
protected species or the Cannock Chase SAC.
Accordingly, the recommendation is one of approval, subject to conditions and the applicant
entering into a S106 Agreement.
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LOCATION PLAN
F r o g L a n e
L i c h f i e l d
S t a f f s
W S 1 3 6 Y Y
15/00979/LBC
115 Main Street
Alrewas
H o u s e
Scale:
1:1,000
Dated:
Drawn By:
February 2016
© Crown Copyright
T e l e p h o n e : 0 1 5 4 3 3 0 8 0 0 0
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Gallows Bridge (FB)
nal
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BUTTS CROFT
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MAIN ST
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tc
Alley Tha
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15/00979/LBC
WORKS TO LISTED BUILDING TO ENABLE THE REPLACEMENT OF FRONT
WALL (FOR STRUCTURAL PURPOSES), RAISING THE GROUND FLOOR
LEVEL, INSTALLATION OF ROOF LIGHTS AND REVISED STAIRCASE
ARRANGEMENT AND VARIOUS OTHER WORKS
115 MAIN STREET, ALREWAS
FOR MR TREFOR MILNS
Parish: Alrewas
Note: This application is being reported to Planning Committee because the applicant has
appealed against non-determination.
RECOMMENDATION: Refuse, for the following reason:
1.
Insufficient information has been submitted to allow the Council to understand the full
extent of the proposed works and to be satisfied that the works will not adversely affect the
significance of the Grade II Listed Building. The proposed works would therefore be contrary
to the requirements of Core Policy 14 (Our Built & Historic Environment) and Policy BE1
(High Quality Development) of the Lichfield District Local Plan Strategy (2015) and to
government policy contained within the National Planning Policy Framework.
Prior to the determination of the application the Council advised the applicant that further
information would be required. The requested information was not forthcoming. It is
considered in this instance that no acceptable compromise could be achieved that accords
with the Development Plan. The proposal is therefore unsustainable and does not conform
to the core planning principles of the NPPF.
PLANNING POLICY
Major Departure - No
Government Guidance
The National Planning Policy Framework
Lichfield District Local Plan Strategy
Core Policy 14 - Our Built & Historic Environment
Policy BE1 - High Quality Development
L940416 – Domestic Garage – Approved 28.07.1994
LB930010 – Alterations and improvements – approved 16.04.1993
L920120 – Change of use retail to residential – Approved 16.03.1992
L900279 – Demolish existing concrete garage and erect brick tile garage - Approved
16.05.1990
CONSULTATIONS
Alrewas Parish Council – No objections (13/10/15)
Page A20
Conservation Officer – Initially there were concerns that the application failed to
demonstrate that the proposed level of demolition was necessary. The structural report had
been written by the applicant who is not a structural engineer. The drawings were not of a
level of detail that would be expected given the level of demolition as well as the other works
that are proposed.
Following consultation with Historic England, the site was visited on 6th November by the
Conservation Officer, the Inspector of Historic Buildings from Historic England and a
specialist structural engineer also from Historic England. The Structural Engineers advice
was, in summary, that the level of repair necessary to make the gable end structurally sound
would involve the removal of most of the gable so that, in this instance, the total replacement
of the gable could be acceptable.
The Conservation Officer therefore accepts that the re-building of the gable could be
acceptable in principle. However, the level of detail is insufficient to allow the Council to fully
understand the extent of the proposed works and is insufficient to satisfy the Council that
they will be carried out in a way that will minimise the loss of fabric and harm to the
designated heritage asset. (07/01/16)
Historic England - Following a site visit with a specialist structural engineer from Historic
England and the subsequent receipt of their specialist advice, the Historic England Inspector
advised that while replacement of the front wall could be acceptable they would strongly
recommend that the applicant is encouraged to employ the services of a contractor who has
a robust knowledge of timber framed buildings in order to guide the process. They also
recommended the use of conditions to ensure the work is carried out to an acceptable
standard. (18/12/15)
Letter highlighting the requirements under S16 of the Planning (Listed Buildings and
Conservation Areas) Act 1990 to have special regard to the desirability of preserving the
building or its setting or any features of special architectural or historic interest which is
possess. Also the requirement under paragraph 128 of the NPPF for applications to provide
appropriate levels of information and justification for development that will impact upon
heritage assets. The letter states that the level of detail submitted is not of the level they
would anticipate given the extent of the work. They would expect a more detailed analysis of
the extent of deterioration and further explanation as to what other solutions had been
considered. They recommend deferring the current application until such time as we are
satisfied that no less destructive methods of repair can be employed. (14/10/15)
Letters of support have been received from the residents of 113 Main Street, Alrewas and
from Alrewas Civic Society. The points raised can be summarised as:
 The front wall of the building is in a terrible condition and needs replacing; and
 The works will improve the appearance of the listed building and would benefit the
whole of Alrewas Conservation Area
OBSERVATIONS
Site and Location
The application site is 115 Main Street, Alrewas, a Grade II listed building situated on the
north side of Main Street. The whole site lies within the Alrewas Conservation Area. The rear
range of the property is timber framed and dates from the early 17th Century. At right angles
to this is the front range which is a later addition dating to the late 19th Century. The gable in
question faces directly onto Main Street.
Page A21
Proposals
The application seeks Listed Building Consent for the replacement of the front wall; raising
the ground floor level; installation of roof lights; revised staircase arrangement; and various
other works, including replacement of internal walls, partial re-building of the side wall and
replacement of a side window.
Determining Issues
1.
2.
3.
Policy & Principle of Development
Impact on Listed Structures and the Conservation Area
Human Rights
1.
1.1
The proposed works are to a Grade II listed structure. Section 16 (2) of the Planning
(Listed Buildings and Conservation Areas) Act 1990 requires that; ‘In considering
whether to grant listed building consent for any works, the Local Planning Authority or
the Secretary of State shall have special regard to the desirability of preserving the
building or its setting or any features of special architectural or historic interest which
it possesses.’
1.2
The National Planning Policy Framework seeks to conserve and enhance the historic
environment including heritage assets. The significance of a heritage asset can be
harmed or lost through alteration or development within its setting, therefore
consideration to any affected heritage assets should be taken fully into account.
1.3
It indicates at paragraph 128 that; ‘In determining applications, local planning
authorities should require an applicant to describe the significance of any heritage
assets affected, including any contribution made by their setting. The level of detail
should be proportionate to the assets’ importance and no more than is sufficient to
understand the potential impact of the proposal on their significance. As a minimum
the relevant historic environment record should have been consulted and the heritage
assets assessed using appropriate expertise where necessary.’
1.4
It goes on to say at paragraph 132 that; ‘When considering the impact of a proposed
development on the significance of a designated heritage asset, great weight should
be given to the asset’s conservation. The more important the asset, the greater the
weight should be. Significance can be harmed or lost through alteration or destruction
of the heritage asset or development within its setting. As heritage assets are
irreplaceable, any harm or loss should require clear and convincing justification.
Substantial harm to or loss of a grade II listed building, park or garden should be
exceptional.’
1.5
Finally paragraph 141 of the NPPF states that; ‘Local Planning Authorities should
make information about the significance of the historic environment gathered as part
of plan-making or development management publicly accessible. They should also
require developers to record and advance understanding of the significance of any
heritage assets to be lost (wholly or in part) in a manner proportionate to their
importance and the impact, and to make this evidence (and any archive generated)
publicly accessible. However, the ability to record evidence of our past should not be
a factor in deciding whether such loss should be permitted.’ The Development Plan
policies reflect the stance taken by the NPPF.
1.6
With regards to the Lichfield District Local Plan Strategy, Core Policy 14 relates to
‘Our Built & Historic Environment’ and states that the District Council will protect and
improve the built environment and have special regard to the conservation and
Page A22
enhancement of the historic environment through positive action. Policy BE1 also
seeks to ensure high quality sustainable development and will only permit
development where it can be clearly demonstrated that it will have a positive impact
on the historic environment.
1.7
The proposed works involve a significant level of alterations and in particular a
considerable loss of historic fabric. The Local Planning Authority have requested
additional information to determine the impact of the works on the Heritage asset.
The level of information that the Local Planning Authority is requesting is
proportionate and is necessary to fully understand the potential impact of the
proposals on the significance of the heritage asset. This level of loss of historic fabric
is considered to result in substantial harm to the listed building. Such substantial
harm should only be permitted in exceptional circumstances and as such requires
clear and convincing justification. Part of the justification is to demonstrate that the
loss is necessary and that the minimum amount of fabric will be lost, this includes
demonstrating how the work will be carried out, and part is to demonstrate the
method and quality of the replacement structure. Where the loss of part of a heritage
asset is permitted it should be recorded in a manner appropriate to its significance
and this record should be made publically accessible, therefore the requirement to
record the structure to a specified level is also proportionate. As such the application
conflicts with the Development Plan and the NPPF.
2.
Impact on Listed Structure
2.1
The principle item of work is the demolition of the front gable. The front part of the
building has deteriorated over a number of years and as a consequence water
ingress has resulted in significant decay in a truss which is embedded in the front
gable wall. The Historic England Structural Engineer is clear that the structure could
be repaired but that the extent of the repair is likely to be so extensive that it would
necessitate the re-building of much of the gable. Therefore, it is reasonable to
consider the total demolition and re-build of this part of the building.
2.2
However, while the Historic England Structural Engineer acknowledges that
demolition is a reasonable option, the precise extent of the work proposed by the
applicant still remains to be demonstrated. The Historic England structural appraisal
makes the following recommendations:



The internal first floor wall perpendicular to the gable and floor structure have
issues which require addressing but it is considered that they can be repaired
and/or strengthened as required;
The external side wall of the later extension is out-of-plumb and may need some
remedial works for additional support. The climbing plant obscured much of the
wall bit it should be checked for any further signs of decay when the leaves have
fallen; and
The front gable wall has several issues which when combined could lead to
much of the brickwork having to be removed in order for investigations, repairs or
replacements to be carried out.
2.3
Given the extent of the proposed demolition and the substantial amount of historic
fabric that would be lost, the amount of information provided to date is inadequate.
The need to repair elements other than the gable have not been addressed and it is
clear from the Historic England Structural Engineers report that a full inspection is not
possible given the vegetation and other constraints.
2.4
The description of works also refers to ‘various other works’. In particular, this
includes the dismantling and rebuilding of a timber framed partition wall. No details
have been submitted regarding this further loss of historic fabric. The significance of
Page A23
this wall has not been assessed and alternative, less damaging options do not
appear to have been considered.
2.5
The applicant has been consistently advised on the level and type of information that
needs to be submitted. The Conservation Officer’s position is supported by Historic
England. The applicant has thus far refused to provide any additional information.
2.6
Furthermore, there are inconsistencies in the drawings which mean that the Council
would be unable to clearly define any permission. Specifically the applicant has
submitted two different proposed ground floor plan drawings and two different
proposed first floor plan drawings. The applicant has failed to clarify which proposal
he is seeking permission for despite repeated requests. In addition, there are
inaccuracies between elevations and layouts, namely the proposed ground floor plan
includes the partial re-building of the side wall but this is not shown on the elevation
drawings.
2.7
However, with regards to the proposal to raise the ground floor level, sufficient
information has been provided for the Local Authority to approve subject to precommencement conditions. The applicant has been advised that this should be done
using breathable materials and in a way that would not have a harmful impact on the
building. The provision of these additional details could be covered by precommencement conditions. Further details regarding the installation of two roof lights
and the revised staircase arrangement could also be required by pre-commencement
condition.
2.8
Notwithstanding the above, overall it is considered that insufficient information has
been supplied to clearly demonstrate the extent of the works and the impact of the
works on the significance of the heritage asset. Therefore the application fails to
demonstrate that the works are in accordance with development plan policy and the
NPPF.
3.
Human Rights
3.1
Rights Act 1998. The proposals may interfere with an individual’s rights under Article
8 of Schedule 1 to the Human Rights Act, which provides that everyone has the right
to respect for their private and family life, home and correspondence. Interference
with this right can only be justified if it is in accordance with the law and is necessary
in a democratic society. The potential interference here has been fully considered
within the report and, on balance, is justified and proportionate in relation to the
provisions of the policies of the Development Plan and National Planning Policy.
Conclusion
Overall, it is considered that the application fails to demonstrate that the works will not harm
the significance of the Grade II listed building. The proposal is therefore contrary to the
NPPF and Core Policy 14 and Policy BE1 of the Lichfield District Local Plan Strategy.
Accordingly the Listed Building Consent application is recommended for refusal.
Page A24
LOCATION PLAN
F r o g L a n e
L i c h f i e l d
S t a f f s
W S 1 3 6 Y Y
POPLARS ROAD
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© Crown Copyright
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Drawn By:
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Land Adjacent
Hayes Meadow Primary School
Spode Avenue Handsacre
H o u s e
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15/01198/OUTM
OUTLINE RESIDENTIAL DEVELOPMENT INCLUDING MEANS OF ACCESS FOR THE
ERECTION OF UP TO 200 DWELLINGS, INCLUDING THE DEMOLITION OF 20
TUPPENHURST LANE, TOGETHER WITH THE CREATION OF ADDITIONAL SCHOOL
CAR PARKING & A TURNING AREA, OPEN SPACE, PLAY AREA, OPEN SPACE, PLAY
AREAS AND ACCESS PROVISION AND MAINTENANCE COMPOUND FOR HS2
WORKS.
LAND ADJACENT HAYES MEADOW PRIMARY SCHOOL, SPODE AVENUE,
HANDSACRE.
FOR WALTON HOMES LTD
Parish: Armitage with Handsacre
RECOMMENDATION: Subject to the owners/applicants first entering into a Section
106 Legal Agreement under the Town and Country Planning Act (as amended), to
secure contributions/planning obligations towards:1.
2.
3.
4.
25% Affordable Housing;
On-site Public Open Space;
On-site play area;
The formation of a maintenance management company to maintain the Open
Space, sustainable drainage systems, school car park and drop off point and play
areas in perpetuity;
On site habitat creation and subsequent maintenance for a minimum of 25 years;
Indoor sports contribution;
Primary education contribution;
Cannock Chase Special Area of Conservation;
Contributions towards off-site highways works (provision of a pedestrian crossing);
5.
6.
7.
8.
9.
and
10. Travel Plan Monitoring Fee,
Approve, subject to the following conditions:
CONDITIONS:
1.
The development authorised by this permission shall be begun either before the
expiration of three years from the date of this permission, or before the expiration of two
years from the date of the approval of the last of the reserved matters to be approved,
whichever is the later. Application(s) for the approval of the reserved matters shall be made
to the Local Planning Authority before the expiration of five years from the date of this
permission.
2.
The first reserved matters application shall be made within 3 years from the date of
this planning permission.
hereby approved:
3.
This is an outline planning permission and no phase of development shall be
commenced until details of the layout of the site including the disposition of roads and
buildings; existing and proposed ground levels and finished floor levels; the design of all
buildings and structures; housing mix; the external appearance of all buildings and structures
including materials to be used on all external surfaces; the means of pedestrian and
vehicular access and parking layout; and the landscape and planting of the site shall be
Page A25
submitted to and approved by the Local Planning Authority by way of reserved matters
application(s).
4.
Notwithstanding the details shown in the approved plans (including the illustrative
concept Master Plan), prior to the submission of any Reserved Matters, pursuant to
Condition 3, a Master Plan for the development of the site shall be submitted to and
approved in writing by the Local Planning Authority. The Master Plan shall include the
following:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Movement framework, including connections to the surrounding area and through the
site for all modes (which shall include details of a secondary pedestrian / emergency
access);
Street types and road hierarchy, including measures to restrain the speeds of
vehicles to 20mph;
Building forms, heights, having regard to finished floor levels;
Street layout and character;
Building and surface materials palette;
Landscape design principles;
The locations, layout and specifications for the on-site public open space, play areas
and SuDS;
Parking strategy including the provision of secure cycle parking facilities for each
dwelling unit; and
Development phasing including green infrastructure.
Proposals contained within applications for the approval of Reserved Matters pursuant to
Condition 3 shall thereafter conform to the principles contained in the approved Master Plan.
5.
Before the submission of any Reserved Matters, pursuant to Condition 3, a
Landscape and Habitat Management Plan, including a quantitative assessment of the site’s
biodiversity value, long term design objectives, management responsibilities and
maintenance schedules for all landscape areas, other than small, privately owned domestic
gardens, shall be submitted to and approved in writing by the Local Planning Authority,
unless otherwise agreed in writing by the Local Planning Authority. The Landscape
Management Plan shall thereafter be implemented in accordance with the approved details
and timescales.
6.
Before the submission of any Reserved Matters, pursuant to Condition 3, details of
the location (including a plan) and dimension and species, where appropriate, of on-site
ecological enhancement measures, shall be submitted to and approved in writing by the
Local Planning Authority. The development shall be carried out in full accordance with the
agreed mitigation and compensation measures.
7.
Before the development hereby approved is commenced, a Traffic Management
Plan/Construction Method Statement comprising construction traffic access and routing;
delivery time restrictions; provision for parking of vehicles for site operatives and visitors;
loading and unloading of plant and materials; and storage of plant and materials used in
constructing the development shall be submitted to and approved in writing by the Local
Planning Authority. The approved Traffic Management Plan/Construction Method Statement
shall be implemented prior to the commencement of any works on the site and shall be
maintained throughout the entire construction period, unless otherwise agreed in writing by
the Local Planning Authority.
8.
Before the development hereby approved is commenced, a written scheme of
archaeological investigation shall be submitted to and approved in writing by the Local
Planning Authority. The scheme shall provide details of the programme of archaeological
works to be carried out within the site, including post-excavation reporting and appropriate
publication. The scheme shall thereafter be implemented in full in accordance with the
approved details.
Page A26
9.
Before the development hereby approved is commenced, full details of the proposed
sustainable surface and foul water drainage system for the development shall be submitted
to and approved in writing by the Local Planning Authority. The approved drainage system
shall thereafter be provided before the first occupation of any of the dwellings, unless
otherwise agreed in writing with the Local Planning Authority.
10.
Before the development hereby approved is commenced, the site shall be subjected
to a detailed scheme for the investigation and recording of any contamination and a report
shall be submitted to and approved in writing by the Local Planning Authority. The report
shall include an exploration of the potential for radioactive substances (UXO). The report
shall identify any contamination on the site, the subsequent remediation works considered
necessary to render the contamination harmless and the methodology used. The approved
remediation scheme shall thereafter be completed in accordance with the phasing plan
approved pursuant to Condition 8 and a validation report submitted to and approved in
writing by the Local Planning Authority within 1 month of the approved remediation being
completed, to ensure that all contaminated land issues on the site have been adequately
addressed prior to the first occupation of any part of the development.
11.
Before the development hereby approved is commenced, the trees and shrubs that
are to be retained as part of the approved landscape and planting scheme shall be
protected, in accordance with details to be first submitted to and approved in writing by the
12.
Before the development hereby approved is commenced, full details of the vehicular
accesses and off-site highway works, including details of the highway retaining wall
(including a method statement detailing means of construction) as broadly indicated on
Drawing Numbers 001 Revision A, dated 15.01.16 and C6489-211 Revision P1, shall be
submitted to and approved in writing by the Local Planning Authority. The accesses, wall
and off site highway works shall thereafter be constructed in accordance with the approved
details, prior to the first occupation of any of the dwellings.
13.
Before the development hereby approved is commenced, a scheme of lighting shall
be submitted to and approved in writing by the Local Planning Authority. The approved
lighting scheme shall be implemented in accordance with the approved details and thereafter
shall be retained for the life of the development.
14.
Before the development hereby approved is commenced, full details of the school
drop off / pick up point and car park shall (as indicated on drawing no. 15/155-02) shall be
submitted to and approved in writing by the Local Planning Authority. The drop off / pick up
point and car park shall thereafter be constructed in accordance with the approved details,
prior to the first occupation of the dwellings and thereafter retained for the life of the
development.
15.
Before the development hereby approved is commenced, full profile details of the 3
metre high berm, required as part of the noise mitigation measures identified under condition
20, shall be submitted to and approved in writing by the Local Planning Authority. The
approved berm shall thereafter be constructed in accordance with the approved details, and
thereafter be retained for the life of the development.
16.
Before the development hereby approved is commenced, details of all proposed
boundary treatments, which shall include full details of a trespass proof fence to be erected
adjacent to the railway boundary, shall be submitted to and approved in writing by the Local
Planning Authority. The approved trespass proof fence shall be implemented prior to the first
occupation of any dwelling and thereafter be retained for the life of the development. The
residential boundary treatments shall be implemented in accordance with the approved
details prior to the occupation of the dwellings the respective boundary treatment is to serve.
Page A27
17.
Before the development hereby approved is commenced, details of any vibro-impact
works shall be submitted to and approved in writing by the Local Planning Authority through
a detailed method statement and risk assessment. Any vibro-impact works shall thereafter
be undertaken fully in accordance with the approved method statement.
18.
Before the development hereby approved is commenced, details of ground levels,
earthworks and excavations to be undertaken as part of the development process shall be
submitted to and approved in writing by the Local Planning Authority. The development shall
thereafter be undertaken in accordance with the approved details.
19.
The development hereby approved shall be carried out fully in accordance with the
Flood Risk Assessment (FRA) Ref. C6489-01, by Couch Consulting Engineers dated March
2015 and the following mitigation measures detailed within the FRA:
 Limiting the surface water run-off generated on-site post development to Greenfield
rates so that it will not exceed the run-off from the undeveloped site and not increase
the risk of flooding off-site.
 Finished floor levels to be set at 600mm above the average water level in the canal.
The mitigation measures shall be fully implemented prior to occupation of development in
any phase approved pursuant to Condition 8.
20.
Before the first occupation of the dwellings hereby approved, the scheme of noise
mitigation described in noise.co.uk report no. 15319B-1 dated 11.12.15 shall be
implemented in full and thereafter retained for the life of the development. The scheme shall
comprise a 3 metre high berm along the South West boundary of site alongside the West
Coast Main Line, along with acoustic glazing to the specification given in the ‘glazing markup’ plan on page 39, Section 15.8 of the report. All ventilation to facades identified as
requiring enhanced glazing shall be to the specifications given in Section 11.2.15 of the
report.
21.
Prior to erecting any scaffold within 10 metres of a boundary of the railway line, a
method statement, including details of measures to be taken to prevent construction
materials from the development reaching the railway (including protective fencing) shall be
submitted and approved in writing by the Local Planning Authority. The approved measures
shall be retained in place throughout the construction phase on the specified dwellings.
22.
23.
There shall be no more than 200 dwellings provided on the site.
1.
2.
3.
For the avoidance of doubt in that the application has been made for outline
permission only; to ensure a satisfactory form of development; safeguard the character of
the area and safeguard the amenity of future residents in accordance with the requirements
Page A28
of Core Policy 3 and Policies BE1 and Arm 1 of the Local Plan Strategy and Government
Guidance contained in the National Planning Policy Framework.
4.
To ensure a high quality and cohesive form and appearance of development, in the
interests of highway safety, to comply with Staffordshire County Council requirements for
access and to safeguard the amenity of future occupiers, in accordance with the
requirements of Core Policies 3, 4 and 10, and Policies BE1, IP1, HSC2 and Arm 1 of the
Local Plan Strategy and Government Guidance contained in the National Planning Policy
Framework..
5.
To ensure high quality form and appearance of development and to enhance natural
habitat, in accordance with the requirements of Core Policies 3 and 13, and Policies NR3,
NR4, BE1 and Arm 1 of the Local Plan Strategy, and Government Guidance contained in the
National Planning Policy Framework.
6.
In order to safeguard the ecological interests of the site and encourage
enhancements in biodiversity and habitat in accordance with Core Policies 3 and 13 and
Policy NR3 of the Local Plan Strategy and Government Guidance contained in the National
Planning Policy Framework.
7.
In the interests of the safety and convenience of users of the highway in accordance
with the requirements of Core Policy 3, and Policies IP1 and BE1 of the Local Plan Strategy
and Government Guidance contained in the National Planning Policy Framework.
8.
To ensure full evaluation of and protection of any archaeological remains within the
site, in accordance with Core Policies 3 and 14, and Policy NR5 of the Local Plan Strategy
9.
To ensure the provision of satisfactory means of drainage to serve the development,
to reduce the risk of creating or exacerbating flooding problems and to minimise the risk of
pollution and to ensure that sustainability and environmental objectives are met, in
accordance with provisions of Core Policy 3, and Policy BE1 of the Local Plan Strategy and
Government Guidance contained in the National Planning Policy Framework.
10.
To protect the water environment and to safeguard future residential amenity, in
accordance with the requirements of Core Policy 3, and Policy BE1 of the Local Plan
Strategy and Government Guidance contained in the National Planning Policy Framework.
11.
To ensure that adequate measures are taken to preserve trees and hedgerows and
their root systems, whilst work is progressing on site in accordance with Policy BE1 of the
Local Plan Strategy and Government Guidance contained in the National Planning Policy
Framework.
12.
In the interests of the safety and convenience of users of the highway and to ensure
an acceptable visual impact upon the character of the Trent and Mersey Conservation Area
in accordance with the requirements of Saved Policy C2 of the Local Plan, Core Policy 3,
and Policies IP1 and BE1 of the Local Plan Strategy and Government Guidance contained in
the National Planning Policy Framework.
13.
To safeguard the amenity of future residents in accordance with the requirements of
Policy DC1 of the Local Plan and Core Policy 3 and Policy BE1 of the Local Plan Strategy
14
In the interests of the safety and convenience of users of the highway in accordance
with the requirements of Core Policy 3, and Policies IP1 and BE1 of the Local Plan Strategy
Page A29
15.
To ensure high quality form and appearance of development, in the interests of
highway safety and to comply with Staffordshire County Council requirements for access, in
accordance with the requirements of Core Policies 3 and 4, and Policies BE1, IP1 and Arm 1
of the Local Plan Strategy and Government Guidance contained in the National Planning
Policy Framework.
16.
To safeguard the appearance of the development and to protect the adjacent railway
from unauthorised access, in the interests of the safe operation of the railway network and in
accordance with the requirements of Policy BE1 of the Local Plan Strategy and Government
Guidance contained within the National Planning Policy Framework.
17.
To prevent any piling works and associated vibration from destabilising or impacting
upon the railway network, in accordance with Government Guidance contained within the
National Planning Policy Framework.
18.
To protect the water environment and to safeguard the adjacent rail track from land
instability, in accordance with the requirements of Core Policy 3, and Policy BE1 of the Local
Plan Strategy and Government Guidance contained in the National Planning Policy
Framework.
19.
To limit the potential for future flood risk and safeguard the amenity of future
residents in accordance with the requirements of Policy BE1 of the Local Plan Strategy and
Government Guidance contained within the National Planning Policy Framework.
20.
To safeguard the amenity of future residents in accordance with the requirements of
Core Policy 3 and Policy BE1 of the Local Plan Strategy and Government Guidance
contained within the National Planning Policy Framework.
21.
In the interests of the safe operation of the railway network, in accordance with
Government Guidance contained within the National Planning Policy Framework.
22.
To ensure that an approved landscaping scheme is implemented in a speedy and
diligent way and that any initial plant losses are overcome in the interests of the visual
amenities of the locality and in accordance with Policy BE1 of the Local Plan Strategy and
23.
For the avoidance of doubt, in accordance with the applicants’ stated intentions, to
ensure that the development allows adequate provision for green open space, and that it will
be adequately served by infrastructure, in accordance with the requirements of Core Policy 1
and Policies BE1, IP1 and Arm 4 of the Local Plan Strategy and Government Guidance
contained within the National Planning Policy Framework.
NOTES TO APPLICANT
1
2.
The applicant’s attention is drawn to The Town and Country Planning (Fees for
Although the Local Planning Authority will endeavour to discharge all conditions within 21
days of receipt of your written request, legislation allows a period of 8 weeks, and therefore
this timescale should be borne in kind when programming development.
Page A30
3.
The applicant is advised to note and act upon as necessary the attached comments
of the Police Architectural Liaison Officer dated 11.11.15. Where there is any conflict
between these comments and the terms of the planning permission, the latter takes
precedence.
4.
The applicants’ attention is drawn to the attached comments from the Environment
Agency, dated 06.11.15.
5.
The applicants’ attention is drawn to the attached comments from the Council’s
Operational Services Customer Relations and Performance Manager specific to waste
services dated 02.11.15.
6.
The applicant is advised that this permission does not absolve them from their
responsibilities in relation to protected species. If evidence of bats is found during
demolition, all work should cease and the services of a licensed ecologist procured to ensure
an offence is not committed.
7.
The access and off-site highway works will require a Major Works Agreement with
Staffordshire County Council and the applicants are therefore requested to contact
Staffordshire County Council in respect of securing the Agreement. The link below provides
a further link to a Major Works Information Pack and an application form for the Major Works
Agreement. Please complete and send to the address indicated on the application form
which is Staffordshire County Council at Network Management Unit, Staffordshire Place 1,
Wedgwood Building, Tipping Street, Stafford, Staffordshire ST16 2DH (or email to
[email protected])
http://www.staffordshire.gov.uk/transport/staffshighways/licences/.
8.
This consent will require approval under Section 7 of the Staffordshire Act 1983 and
also require a Section 38 of the Highways Act 1980. The applicant is advised therefore to
contact Staffordshire County Council to ensure that approval and agreements are secured
before the commencement of development.
9.
The applicant’s attention is drawn to the attached comments from Staffordshire
County Council (Highways) specific to the proposed internal layout of the site dated
29.01.16.
10.
The applicant is advised that the application site falls partially within land that may be
required to construct and / or operate phase on a high speed rail line between London and
the West Midlands, known as High Speed Two (HS2). Powers to construct and operate HS2
are being sought by promoting a hybrid Bill which was deposited in Parliament on 25th
November 2013. As a result the application site, or part of it, may be compulsory purchased.
More information can be found at www.hs2.org.uk.
11.
The applicant / developer is advised to contact the Canal & River Trust Utilities Team
at the Hatton Office on 01926 626100 to discuss the acceptability of discharging surface
water from the site to the adjacent Trent & Mersey Canal in order to ensure that any
necessary consents are obtained. Please be advised that the Trust is not a land drainage
authority, and as such discharges are not granted as of right. Where they are granted, they
will usually be subject to completion of a commercial agreement.
12.
The applicant is advised that with reference to water quality considerations for the
site that it is recommended that 1 treatment train is provided for building roofs and 2
treatment trains are provided for roads and hardstanding areas in line with CIRIA C697 &
C753 recommendations. The balancing volumes should be recalculated during the detailed
design stage to reflect the actual development proposal, agreed discharge rate and the
extent of impermeable areas and runoff to be generated.
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13.
The applicant’s attention is drawn to the standing advice provided by The Coal
Authority.
14.
The applicant’s attention is drawn to the attached comments from the Staffordshire
Fire and Rescue Service dated 04.11.15.
15.
The applicant is advised that all site clearance works should be completed outside of
the bird nesting season (March to September), unless otherwise agreed in writing by the
16.
The Council has sought a sustainable form of development which complies with the
provisions of paragraphs 186-187 of the NPPF.
PLANNING POLICY
Major Departure – Yes
Government Guidance
Planning Practice Guidance
Local Plan Strategy
Core Policy 1 – The Spatial Strategy
Core Policy 2 - Presumption in Favour of Sustainable Development
Core Policy 4 – Delivering our Infrastructure
Core Policy 5 – Sustainable Transport
Core Policy 10 – Healthy & Safe Lifestyles
Core Policy 13 – Our Natural Resources
Core Policy 14 – Our Built & Historic Environment
Policy SC1 – Sustainability Standards for Development
Policy SC2 – Renewable Energy
Policy IP1 – Supporting & Providing Infrastructure
Policy ST1 – Sustainable Travel
Policy ST2 – Parking Standards
Policy H1 – A Balanced Housing Market
Policy H2 – Provision of Affordable Homes
Policy HSC1 – Open Space Standards
Policy HSC2 – Playing Pitch & Sport Facility Standards
Policy NR1 – Countryside Management
Policy NR3 – Biodiversity, Protected Species & their Habitats
Policy NR4 – Trees, Woodland & hedgerows
Policy NR5 – Natural & Historic Landscapes
Policy NR6 – Linked Habitat Corridors & Multi-functional Green spaces
Policy NR7 – Cannock Chase Special Area of Conservation
Policy BE1 – High Quality Development
Policy Arm1 – Armitage with Handsacre Environment
Policy Arm2 – Armitage with Handsacre Services and Facilities
Policy Arm3 – Armitage with Handsacre Economy
Policy Arm4 – Armitage with Handsacre Housing
Saved Local Plan Policies (1998)
Policy C2 – Character of Conservation Areas
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Supplementary Planning Documents
Historic Environment
Sustainable Design
Trees and Development
Planning Obligations
Open Space, Sports and Recreation
Emerging Biodiversity and Development
Emerging Trees and Development
Other
Staffordshire and Stoke on Trent Joint Waste Local Plan
Armitage with Handsacre Neighbourhood Plan
N/A.
CONSULTATIONS
Armitage with Handsacre Parish Council – Strongly object to the development given that
the site is located outside of the village development boundary. In addition, the vehicular
access is dangerously sited, due to its siting adjacent to the canal bridge. Vehicles exiting
the site will not be able to see vehicles coming over the bridge. Construction vehicles will
block traffic causing congestion along Tuppenhurst Lane, being very dangerous at school
dropping off and collecting times (17.11.15)
Kings Bromley Parish Council – The increased surface water run-off from the site may
impact upon the balancing ponds planned to be created as part of the works to the adjacent
HS2 rail line (12.11.15).
Arboricultural Officer – No objection. Notes that there is a single large Oak tree within the
site, which can be retained as part of the landscaping scheme, which should also detail
planting throughout the site and protective measures for the buffer zones to ensure that the
soils are not degraded by construction activities (09.02.16).
Operational Services – Set out general requirements in relation to refuse collections.
(02.11.15)
Environmental Health – Following the submission of further information, no objection
subject to a condition requiring that prior to the first occupation of any of the dwellings, the
noise mitigation measures identified within the revised noise report (3m high berm adjacent
to railway line and enhanced glazing) (07.01.16)
Object to the development due to significant noise levels to be generated by HS2.
Recommend the submission of a full application with a complete mitigation scheme detailing
façade treatments and details of bunds and barriers to reduce noise.
Recommend conditions relating to contaminated land and remediation (17.11.15).
Highways Agency – No objections (06.11.15)
Inland Waterways Association – Object to the development on the grounds that this site is
not allocated in the Local Plan Strategy. The scheme would elongate the physical form of
the village contrary to Policy Arm4. This Policy also identifies that the range of housing to be
built across the village within the plan period is 120-220. A total of 78 dwellings have
already been delivered and therefore the scale of this development is inappropriate. The
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sites to meet these housing figures should be identified within the Allocations Document,
which is yet to be produced. As such, this application is premature and would undermine the
integrity and democratic credentials of the forward planning system. The development will
be damaging to the setting of the Conservation Area and therefore lessen the visual appeal
of the area to tourists. The canal bridge suffers currently from vehicle strike, due to its
limited width. An inevitable increase in traffic resulting from this development, will result in
further damage to this structure, which is a valuable built form element of the Conservation
Area. The applicant has failed to demonstrate that the proposed vehicular access point is
the most suitable solution. Finally, the Masterplan conflicts with the HS2 Safeguarding
Direction.
The Masterplan indicates a green area adjacent to canal with housing set beyond
overlooking this area. This layout is broadly acceptable, but the drainage scheme indicates
that ponds may be introduced. This would make the canal less accessible. The Drainage
Strategy also states that surface water will be drained into the canal system. The agreement
of the Canals and River Trust will be required to undertake this operation (06.11.15)
Severn Trent Water – No objection subject to the submission, approval and implementation
of a suitable foul and surface water drainage scheme. (07.12.15)
Police Architectural Liaison Officer – No objection but stress the importance of not
promoting crime through unnecessary permeability. It is important that a high level of
physical security is incorporated in these proposals. Draw the applicants’ attention to the
Secured by Design Website. (17.11.15)
Staffordshire County Council (Flood Risk Authority) – Recommend a condition to secure
the installation of a suitable sustainable drainage scheme within the site (19.11.15)
Planning Policy Manager – The Local Plan Strategy identifies a range of between 120—
220 homes to be erected in Armitage with Handsacre during the Plan Period. Presently,
since 2008, 78 dwellings have been erected. As such, in combination with this development,
278 dwellings are being proposed, which is in excess of the higher figure for the settlement.
However, a further 440 dwellings are required to be allocated between the key rural
settlements, in accordance with the requirements of Core Policies 1 and 6. Both policies
seek to detail this provision through either the Local Plan Allocations Document or the
Neighbourhood Plan process. Insufficient progress has been made on these documents to
enable any current planning weight.
The additional 58 dwellings above that allocated for Armitage with Handsacre would not
exceed the 440 dwellings yet to be allocated across the 5 key settlements. Conclude
therefore that the level of growth would not be contrary to the Council’s Spatial Strategy.
Provides details of Section 106 contributions towards Open Space, Sport and Recreation,
Maintenance Contributions, Participation in Sport, Affordable Housing and Housing Mix
(12.01.16).
Housing Strategy and Enabling Manager – In line with Policy H2 the affordable housing
provision should be 25% of the total dwelling proposed for the site. Therefore 50 affordable
units should be secured via the S106 agreement, of which 65% should be social rented and
35% intermediate, including shared ownership.
The housing mix proposed for the site is acceptable (21.01.16).
Countryside Officer – Satisfied that this development is unlikely to have a significant
negative impact on either protected or priority species, although adherence by the applicant
to all recommendations and methods of working detailed within the amended September
2014 Extended Phase 1 Habitat Survey must be a condition of any approval.
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Notes that the site is located adjacent to the Tuppenhurst Lane Site of Biological Importance.
A 20m buffer is required along the width of the shared boundary between the two sites,
which should be planted using species appropriate for the area, as identified within the
Staffordshire Ecological Record.
A condition is required to secure, prior to the commencement of development, a
Construction Environment Management Plan and or a Habitat Management Plan. Also
recommends a condition to secure details to demonstrate what impact the development will
have upon the site’s biodiversity value (12.11.15).
Canals and River Trust – No objection subject to conditions specific to the securing of
appropriate details of surface water drainage; alterations to the canal bridge, required to
facilitate the new road junction layout; and any walls to be erected between the estate road
and the canal (08.12.15)
Staffordshire County Council (Education) – The development is located within the
catchment of Hayes Meadow Primary School and Hagley Park Academy. Hayes Meadow is
projected to be full for the foreseeable future and as such, are seeking a contribution of
£463,302 towards primary school places.
With reference to the parking area proposed to serve the Primary School, the County
Council would not specifically request this facility, or take on responsibilities for its ongoing
maintenance or public liability. If the car park were secured through this planning application
or S106 agreement, without responsibility being passed to the County Council, then we
remain neutral regarding its provision (03.02.16).
Environment Agency – No objection subject to conditions (06.11.15).
Staffordshire County Council (Highways) – No objection subject to conditions, requiring
full details of the site access, including details of the retaining wall be submitted and
approved by the Local Planning Authority. In addition, prior to the submission of any
reserved matters, details of a pedestrian / emergency access shall be agreed, along with a
Construction Management Plan.
A number of informatives are noted relating to the need for the applicant to secure a Major
Works Agreement for the highway works and that the applicant enter into a S106 agreement
securing £6,300 towards a Travel Plan monitoring fee, £30,000 towards the provision of a
Pedestrian Crossing and the provision of the car park and school drop off point (29.01.16).
Staffordshire County Council (Minerals and Waste) – No objection (05.11.15).
Staffordshire Fire and Rescue Service – No objection. Provide recommendations to
ensure appropriate vehicular access for emergency services and details of necessary
domestic sprinklers (04.11.15).
The Coal Authority – Identify that the site is located within the defined Development Low
Risk Area. Recommend that the Coal Authority’s Standing Advice be an informative note to
the applicant (06.11.15).
Staffordshire County Council (Principle Archaeologist) – Recommends a condition to
secure a scheme of archaeological investigation (19.11.15).
Staffordshire County Council (Landscape Officer) – Disappointed that the application is
not accompanied by a Landscape and Visual Impact Assessment. However advise that the
application should be considered against the advice within the County Council’s Planning for
Landscape Change document, which identifies this site as falling within the character type
area, Terrace Alluvial Lowlands in the Trent Valley Washlands (19.11.15).
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Staffordshire County Council (Rights of Way Officer) – There are no rights of way that
cross the site (19.11.15).
Campaign for the Protection of Rural England – Object to the development on the
grounds that the site is located outside of the development boundary and has not been
allocated for residential development within the Local Plan Strategy. The Council is able to
demonstrate a 5 year supply of housing and therefore the scheme should be considered
against the Strategy, which does not require or identify the need to develop this site and
therefore this application should be refused (19.11.15).
Conservation and Design Officer – In relation to the impact on the Trent & Mersey Canal
Conservation Area, the length of wall indicated on plan 6489-211, which is necessary for
safety reasons, will not harm the Conservation Area or its setting. As such has no objection
to the development (02.12.15).
The indicative layout shows a green buffer adjacent to the Canal, which should help to
preserve its rural setting. Seeks clarification regarding a proposed new wall to be erected to
the south of the bridge (26.11.15).
Network Rail – Provide a number of conditions to ensure the on-going safe operation of the
railway line. The conditions require the submission and approval of boundary treatments
adjacent to the track, scaffolding details, vibro-impact details, surface water drainage details,
excavation works and vehicle safety protection measures (03.12.15).
Health and Safety Executive – The site does not cross into any Consultation zones
(21.12.15).
HS2 – No objection subject to the use of an informative advising the applicant of the
requirements of HS2. Advise that a signed copy of confirmation between Walton Homes
and HS2 has been secured, to provide two points of vehicular access to enable periodic
maintenance of the proposed HS2 balancing pond, located to the south of the site, has been
agreed (26.01.16).
10 letters of representation have been received from neighbours to the site. The objections
raised are summarised as follows:
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The development is an infringement into the Green Belt.
The development is contrary to the Armitage and Handsacre Neighbourhood Plan.
The demolition of the existing dwelling to facilitate the creation of a new vehicular
access is a travesty.
There will be a significant increase in traffic movements to and from the site during
construction works and also when the dwellings are occupied, causing additional
congestion at surrounding key highway junctions.
Many existing residents and users of the nearby commercial premises park on-street
on Tuppenhurst Lane. An increase in traffic along this route will create a highway
danger. To address this issue the road needs to have parking restrictions
introduced.
The developer and Council should liaise with local residents to supply off street car
parking for residents along Tuppenhurst Road.
To the east of the site, Tuppenhurst Lane, is a single lane road. Increasing traffic
along this route, which will happen given resident’s will utilise it as a ‘rat run’, will
result in additional crashes.
The canal bridge is too narrow to accommodate any additional traffic movements.
Altering the priority of the junction over the bridge will result in traffic stopping just
over the crest of this structure. Therefore following cars are likely to hit stationary
vehicles due to poor visibility.
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There should be another vehicular access point into the site in order to disperse the
impact of the development, rather than all traffic having to pass along Tuppenhurst
Lane.
The additional traffic within the area, generated as a result of this development, will
raise safety concerns for school children attending the nearby school.
The public transport infrastructure within the area is not integrated and therefore
residents will be reliant upon private transport to gain access to their workplace.
The emergency access, car park and footpath created into the proposed
development from Spode Avenue will generate additional movements along this
currently quiet road.
The emergency access point could become a general vehicular access point in the
future, resulting in significant vehicular movements along Spode Avenue.
The Spode Avenue access will form a congregation area for young people, which will
lead to an increase in anti-social behaviour in the area.
Tuppenhurst Lane becomes flooded after heavy rainfall.
The noise and diminished air quality created during construction works will have a
significantly adverse impact upon existing neighbouring residents.
Will noise from the trainline be bounced onto existing residents as a result of
mitigation measures introduced to enable this proposal?
The local surgery and dentist are both full and therefore unable to treat any additional
patients.
The local school is also full and could not accommodate any additional students.
The proposed sewerage system will not be suitable.
Handsacre is a dumping ground for dwellings within Lichfield District.
The development will reduce the value of neighbouring property.
The development will remove a view of an open field.
The development will pose an increased security risk to neighbouring property.
The application is accompanied by the following supporting documents:
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Environmental Statement
Tree Survey and Arboricultural Impact
Archaeological Desk-Based Heritage Assessment
Extended Phase 1 Habitat Survey
Transport Statement
Flood Risk Assessment.
Drainage Strategy
Residential Travel Plan
Environmental Noise Survey and Assessment
OBSERVATIONS
Site and Location
The site, which is 9.8 hectares in size, lies adjacent to the south-eastern edge of Handsacre
village, is predominantly in agricultural arable use and also contains, 20 Tuppenhurst Lane,
a detached two storey dwelling. The site is bordered to the north by a housing estate and
Hayes Meadow Primary School. To the eastern boundary runs the Trent & Mersey Canal
and its associated Conservation Area, whilst to the south there are further agricultural fields.
To the west of the application site runs the existing West Coast Mainline, which in this
location, is proposed to be utilised by HS2, when operational.
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Proposal
The application, which would require the demolition of 20 Tuppenhurst Lane, seeks outline
consent for the erection of up to 200 dwellings. All matters except access are reserved for
future consideration, but an illustrative layout shows how the site could be laid out to
accommodate the proposed dwellings. One primary vehicular access point is proposed,
which would be located to the north-eastern edge of the site, through where presently 20
Tuppenhurst Lane is located. Furthermore, it is proposed to create, accessed from Spode
Avenue, a drop off area and car park to serve the adjacent Hayes Meadow Primary School.
The illustrative layout shows a mix of 1, 2, 3 and 4 bedroom detached, semi-detached and
terraced properties and green buffers around the margins of the site, with areas of open
space internal to the site.
Determining Issues
1.
2.
3.
4.
5.
Policy and Principle of Development
Access, Highways and Transportation Issues
Landscape Character
Design and Connectivity
Impact on Ecological Interests, including Cannock Chase Special Area of
Conservation and the Tuppenhurst Site of Biological Importance.
6. Impact on Heritage Assets
7. Housing Mix, including Affordable Housing
8. Impact on Residential Amenity
9. Flood Risk and Drainage
10. Education
11. Open Space and Sport
12. Other Matters
13. Human Rights
1.
Policy and Principle of Development
1.1
Section 38 (6) of the Planning and Compulsory Purchase Act (2004) sets out that the
determination of applications must be made in accordance with the development
plan, unless material considerations indicate otherwise. The Development Plan for
Lichfield District comprises the Lichfield District Local Plan (1998) (saved policies)
and the Local Plan Strategy 2008-2029.
1.2
Paragraph 14 of the NPPF sets out a presumption in favour of sustainable
development and within the Ministerial Foreword, it states “development that is
sustainable should go ahead, without delay”. Paragraph 49 states that housing
applications should be considered in the context of the presumption in favour of
sustainable development and that relevant policies should not be considered up to
date if the Council is not able tom demonstrate a 5 year supply of housing sites.
1.3
The Framework details that there are three dimensions to sustainable development
and that these dimensions give rise to the need for the planning system to perform a
number of roles:
 an economic role – contributing to building a strong, responsive and competitive
economy, by ensuring that sufficient land of the right type is available in the right
place and at the right time to support growth and innovation; and by identifying and
coordinating development requirements, including the provision of infrastructure;
 a social role – supporting strong, vibrant and healthy communities, by providing the
supply of housing required to meet the needs of present and future generations; and
by creating a high quality built environment, with accessible local services that reflect
the community’s needs and support its health, social and cultural well-being; and
Page A38
 an environmental role – contributing to protecting and enhancing our natural, built
and historic environment; and, as part of this, helping to improve biodiversity, use
natural resources prudently, minimise waste and pollution, and mitigate and adapt to
climate change including moving to a low carbon economy.
This report will provide a balanced view in terms of these three strands of sustainable
development.
1.4
The supply of housing land is regarded as having a social and economic role and in
order to significantly boost the supply of housing, the NPPF requires that Councils
should identify and update annually a supply of specific deliverable sites sufficient to
provide five years delivery of housing provision. In addition, a buffer of 5% (moved
forward from later in the plan period) should also be supplied, to ensure choice and
competition in the market for land. Where there has been a record of persistent
under delivery of housing, local planning authorities should increase the buffer to
20% (moved forward from later in the plan period) to provide a realistic prospect of
achieving the planned supply and to ensure choice and competition in the market for
land.
1.5
Lichfield District Council’s latest published housing land supply position is set out
within the SHLAA 2014 Addendum at table 3.2. It was evidenced that at that point
there was a 6.48 year housing land supply, which evidently is in excess of the five
year (plus additional 5% buffer) as required by paragraph 47 of the NPPF. The
rebuttal statement for the Public Inquiry (APP/K3415/W/14/2225799) at Dark Lane,
Alrewas, in 2015, resulted in the District Council removing a number of dwellings
from this calculation, which it accepted had been incorrectly included within the five
year calculation. The latest updated position therefore, contained within the ‘5 Year
Housing Land Supply note’ (July 2015), demonstrates that there is a 5.67 year supply
of housing land within Lichfield District.
1.6
Given that the Council can demonstrate a 5 year housing supply it falls for this
scheme to be considered, in the first instance, against the Policies contained within
the Development Plan.
1.7
Policy Arm 2 of the Local Plan Strategy identifies that “Armitage with Handsacre will
function as a Key Rural Centre”. To this end, as identified within Policy Arm4, it is
proposed to erect between 120 and 220 dwellings within the community over the plan
period. No details of the sites proposed to deliver this level of housing are identified,
rather it is noted that it will be achieved via small scale redevelopment within the
village, infill development and “some sites beyond the village boundary”, which will be
identified through the Local Plan: Allocations Document.
1.8
Since 2008 there have been 78 new dwellings erected within Armitage with
Handsacre.
This development therefore, in combination with these existing
dwellings, would exceed the highest figure in the identified range for the community.
1.9
Core Policy 1 of the Local Plan Strategy seeks to locate new growth in sustainable
settlements and identifies 5 key rural settlements to accommodate growth. As
discussed above, Armitage with Handsacre is identified as one of these settlements,
which will in total, accommodate an additional 440 dwellings. The location of these
dwellings are proposed to be determined through the Local Plan: Land Allocations
Document and through further engagement with local communities. Insufficient
progress has been made on both the Land Allocations Document and the Armitage
with Handsacre Neighbourhood Plan to enable any material planning weight to be
given to either document within the determination of this planning application. The
applicant has however undertaken pre-application public consultation to enable
engagement with the community, which these policies allow for consideration of
when determining a planning application.
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1.10
Land to the south of Handsacre village is located within the Green Belt and therefore,
unless very special circumstances can be identified, it will not be until the Land
Allocations Document is adopted that any sites within this area could be released to
facilitate the delivery of dwellings. This site is not within the Green Belt and would,
through providing a total of 58 dwellings above the top range identified within Policy
Arm4, help to contribute to the 440 as yet unallocated dwellings. Applying a
proportionate approach across the 5 key rural communities, each would
accommodate 88 dwellings.
1.11
Given the above assessment, it is considered that the level of housing growth
proposed through this development complies with the Local Plan Spatial Strategy,
subject to an appropriate housing mix, the delivery of affordable units and meeting
other policy requirements, along with financial contributions.
2.
Access, Highways and Transportation
2.1
The NPPF requires that consideration should be given to the opportunities for
sustainable transport modes, that safe and suitable access to a development site can
be achieved for all people and that improvements can be undertaken within the
transport network that cost effectively limit the significant impacts of the development.
It goes on to state that development should only be refused on transport grounds
where the residual cumulative impacts of development are severe.
2.2
Although the application is in outline, means of access is included for consideration
at this stage. To this end, the proposal is supported by a detailed Transport
Assessment (TA) and residential travel plan, which have been assessed by both
Staffordshire County Council (Highways) and Highways England.
2.3
The vehicular access to serve the site will be through one point from Tuppenhurst
Lane, which would necessitate the demolition of 20 Tuppenhurst Lane. A further
access is also shown to serve the drop off point and car parking area proposed for
the neighbouring Hayes Meadow Primary School from Spode Avenue.
2.4
The proposed access point from Tuppenhurst Lane, is located adjacent to an existing
narrow canal bridge. Tuppenhurst Lane to the east of this site alters to a single track
road with limited passing points. As such it is recognised that the highway network to
the east of the site is of a more rural nature than that to the west.
2.5
Staffordshire Highways and the applicant have agreed in principle to alterations to
the highway network, in order to safely facilitate vehicular access into the site from
Tuppenhurst Lane. This alteration would require the introduction of a T junction
adjacent to the bridge to re-prioritise the highway, with a stop line introduced for
vehicles cresting the bridge and the western part of Tuppenhurst Road continuing
unchecked into this housing estate. This solution is considered by the Highways
Authority to be suitable, subject to conditions. These conditions, which require the
submission and approval of the exact junction and retaining wall details, the provision
of an emergency and pedestrian access and a Construction Management Plan, are
reasonable and necessary.
2.6
The Highways Authority have advised that it is necessary to supply an emergency
access into the site. This is also a requirement of the Fire Service and HS2. Given
the existing layout, this provision could easily be accommodated from Spode
Avenue, with a gate or similar preventing its continuous use. A condition to secure
exact details of the provision of this feature is reasonable and necessary and is
recommended to be attached to the decision notice. Highways England have offered
no comment regarding the development.
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2.7
The applicant has proposed to provide a pick-up / drop off point and off street car
park to be accessed from Spode Avenue, which would serve the neighbouring Hayes
Meadow Primary School. In highway terms the provision of this feature should aid in
reducing existing parking congestion at school times within the surrounding network.
Exact details of this aspect of the development will however need to be secured via a
condition.
2.8
With reference to the comments raised by neighbours to the site, specific to highway
impact, it is evident that the impact of construction traffic will be mitigated through the
Construction Management Plan, which is recommended as a condition to any
permission. In addition, the Highways Authority have considered the impact of the
development upon the surrounding highway network and its ability to accommodate
additional vehicular movements and determined it to be acceptable. Finally, the
application has been submitted with a Travel Plan, which seeks to promote the use of
sustainable travel modes. It is appropriate to secure this with an associated
monitoring fee via a Section 106 agreement to ensure that the benefits of utilising
public transport are detailed to future residents.
2.9
Overall therefore, in terms of highways and transportation issues, I am satisfied that
subject to appropriate conditions, and the securing of off-site highways works and
monitoring of sustainable travel measures through a S106 Agreement, that the
development is acceptable in highways terms, being compliant with the requirements
of both the Development Plan and NPPF and that the application through the
provisions of the Travel Plan, will provide appropriate measures to enable
satisfactory alternatives to travelling by car.
3.
Landscape Character
3.1
The site, which is relatively flat, comprises predominantly arable land, with field
boundaries marked by fencing or the canal. The County Council’s Supplementary
Planning Document: ‘Planning for Landscape Change’, (which although not forming
part of the current development plan, is advised by the County Council to be used as
an assessment tool), identifies the application site as being sited within the ‘Terrace
Alluvial Lowlands’ landscape character area. The SPD describes it as a flat
landscape, predominantly of intensive arable and improved pastoral farming with
large scale regularly shaped fields, with pockets of irregularly shaped pasture fields.
It also notes that adjacent busy roads intrude into the quietness of the area. In terms
of landscape policy objectives, it is regarded as a landscape of moderate quality and
requiring landscape enhancement.
3.2
The site is visually well contained in views from the wider countryside, other than
glimpsed and close range views gained in the context of adjoining development, due
to a combination of flat topography, well vegetated site boundaries or existing built
form. The constraints of the site are identifiable as; a need to secure its visual
containment within the wider settlement; a need to respect the scale and form of
existing residential development and avoid inappropriate building heights that could
be prominent in views from the wider countryside; the need to respect the amenity of
nearby public footpaths, the retention and reinforcement of boundary vegetation and
internal hedgerows; appropriate protection of the adjacent Site of Biological
Importance and the need to respect the setting of heritage assets. Indeed one of the
constraints for developing adjacent to the village is identified within the explanation
for Policy Arm4, which advises of a need to prevent the elongation of the village.
3.3
The opportunities afforded to the site is that its scale and location provides a logical
extension to the settlement, which would infill between existing built form elements,
rather than elongate the form of the community, which Policy Arm 4 of the Local Plan
Strategy seeks to prevent and the flat topography and large field size offer a practical
Page A41
platform for development, with minimum loss of vegetation together with
opportunities for additional landscaping.
3.4
Whilst I can appreciate concerns that have been raised by local residents regarding
the loss of countryside, the site is not designated as being of high landscape value
and subject to the retention of existing vegetation and careful attention to design and
layout, (which is looked at in more detail in the next part of the report), I am satisfied
that the development could be satisfactorily assimilated into its surroundings and not
have a harmful impact in the wider landscape.
4.
Design and Connectivity
4.1
The NPPF sets out that the Government attaches great importance to the design of
the built environment, which should contribute positively to making places better for
people. As well as understanding and evaluating an area’s defining characteristics, it
states that developments should:
 function well and add to the overall quality of the area;
 establish a strong sense of place;
 create and sustain an appropriate mix;
 respond to local character and history, and reflect local surroundings and materials;
 create safe and accessible environments; and
 be visually attractive as a result of good architecture and appropriate landscaping.
4.2
Policy BE1 of the Local Plan Strategy advises that new development should provide
an explanation of how the built form will respond to the topography of the site and
maintain long distance countryside views and the need for a landscape framework
that integrates the development within the landscape. Furthermore there is a
requirement to show how the scheme proposes to provide new homes and buildings
of a high quality, inspired by the character and existing architectural design
(vernacular) of the District.
4.3
Saved Policy C2 of the Local Plan also seeks to preserve or enhance the special
character and appearance of Conservation Areas and states that development will
not be permitted where the detailed design of buildings would not respect the
character of an area.
4.4
The Design and Access Statement (DAS) sets out how the indicative layout plan
submitted with the application has evolved, having regard to the character and
context of the site. The document identifies that the dwellings would be erected to a
maximum height of two storeys (8.5 metres to ridge). It is stated that these
specifications will ensure that the development compliments the character of the
surrounding built form ensuring that the scheme would integrate successfully into
existing street scenes.
4.5
Pedestrian and vehicular connections from the site to the surrounding area is limited
solely, due to the constraints of the site to the northern boundary. Whilst this is not
ideal, given the proximity of the site to the village’s service amenities, such as local
shops, the relationship of interconnections of the site to the existing community is
considered acceptable.
4.6
Clearly this is an outline application and as such, detailed design is not being
considered at this stage. Nevertheless, it is important to ensure that the detailed
proposals that come forward at the reserved matters stage are of the highest design
quality, appropriate for this rural context and the character of the adjacent
Conservation Area. The most appropriate measure to help secure this high quality
design, given the scale of the proposal, is to agree, prior to the submission of any
reserved matters application, a detailed masterplan for the site. A benefit of such an
Page A42
approach is speedier decision making, greater clarity for the LPA, public and
developers and construction of a comprehensive, coordinated quality place.
4.7
Based on the above, I am satisfied that the application is acceptable in design terms,
is and consistent with Saved Policy C2 of the Local Plan, Local Plan Strategy Policy
BE1 and the NPPF.
5.
Impact on Ecological Interests, including Cannock Chase and the Tuppenhurst Site
of Biological Importance
5.1
An ecological survey has been undertaken to inform the submitted ecological
appraisal. Other than a small number of bird species, no evidence of any protected or
priority species was found on the site, although boundary hedges, the adjacent canal,
trees, field margins and nearby ponds were considered to provide suitable potential
habitat for a small number of species. Specifically these peripheral areas offer
potential shelter, foraging and dispersal to badgers, hedgehogs, polecats, birds,
reptiles, amphibians and bats. The Countryside Officer is satisfied with the scope
and methodology of the survey work. The applicant has however, other than
identifying a need to provide a 20 metre wide buffer to the SBI (required in order to
prevent a degradation of this environment), which is located adjacent to the south
eastern boundary of the site, not provided details for the creation and management of
this area and other habitats within the site. To secure these details it is necessary for
the applicant to submit a Construction Environment Management Plan and a Habitat
Management Plan, which will detail future habitat creation works and their
sustainable good management thereafter,
5.2
To comply with the guidance contained within the NPPF and the Council’s
biodiversity duty as defined under the Natural Environment and Rural Communities
Act 2006, new development must demonstrate that it will not result in the loss of in
biodiversity value of the site.
5.3
Due to the Local Planning Authorities obligation to “reflect and where appropriate
promote relevant EU obligations and statutory requirements” (see para 2 of NPPF)
the applicant must display a net gain to biodiversity value, through development, as
per the requirements of the EU Biodiversity Strategy 2020. Furthermore, producing a
measurable net-gain to biodiversity value is also made a requirement of all
developments within the Lichfield District under Policy NR3 of the adopted Lichfield
5.4
The developer will need to submit via the use of condition a quantitative assessment
of the sites biodiversity value, which when coupled with the outcome of the Habitat
Management Plan will demonstrate the potential for ecological improvement within
the site. Subject to the use and compliance with the conditions outlined above, the
application will be compliant with the requirements of the Development Plan and the
NPPF.
5.5
The agreed strategy for the Cannock Chase SAC is set out in Policy NR7 of the
Council’s Local Plan Strategy which sets out that before development is permitted, it
must be demonstrated that in itself or in combination with other development it will
not have an adverse effect whether direct or indirect upon the integrity of the
Cannock Chase SAC having regard to avoidance or mitigation measures. In
particular, dwellings within a 15km radius of any boundary of Cannock Chase SAC
will be deemed to have an adverse impact on the SAC unless or until satisfactory
avoidance and/or mitigation measures have been secured.
5.6
Subsequent to the adoption of the Local Plan Strategy, the Council has adopted
further guidance on 10 March 2015, acknowledging a 15km Zone of Influence and
seeking financial contributions for the required mitigation from development within the
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0-8km zone. This site is located within the 0-8km zone and a financial contribution
towards the mitigation strategy to limit harm on the SAC is required from this
development. The funds required from this development given each home has an
associated payment of £178.60 for 200 dwellings, totaling £35,720.
6.
Impact on Heritage Assets
6.1
Policy NR5 of the Local Plan Strategy sets out that development will not be permitted
if it negatively impacts on historically important landscapes. Core Policy 14 states
that the significance of designated heritage assets and their settings will be
conserved and enhanced and given the highest level of protection, and Policy BE1
states that development will only be permitted where it can be clearly and
convincingly demonstrated that it will have a positive impact on, inter alia, the
significance of the historic environment. The NPPF makes it clear that the more
important the asset, the greater weight should be given to its conservation.
6.2
To the east of the site, the Trent and Mersey Canal forms a Conservation Area. The
indicative layout and submitted information have been assessed by the Council’s
Conservation Officer in order to assess any visual harm to the heritage asset. The
advice provided observes that a 20 metre open space buffer adjacent to the canal
will help to preserve the rural character of the area, and subject to the securing of
details relating to the proposed new retaining wall to be erected onto the canal
bridge, the development would not harm the setting of the Conservation Area. This
viewpoint is also shared by the Canal and Rivers Trust.
6.3
It is noted that the design, siting and layout of the dwellings and open space adjacent
to the canal will be of particular importance when determining the future impact upon
the conservation area. Details of these matters will be approved at the reserved
matters stage, although it would seem reasonable to agree principles for
development as part of the abovementioned master plan condition.
6.4
Subject to the application and compliance with the conditions identified above, the
development will have an acceptable impact upon the character and setting of the
Trent and Mersey Canal Conservation Area and as such is compliant with the
pertinent elements of the Development Plan and the NPPF.
7.
Housing Mix, including Affordable Housing
7.1
Policy H1 of the Local Plan Strategy requires the delivery of a balanced housing
market through an integrated mix of dwelling types, sizes and tenures based on the
latest assessment of local housing need. This reflects the approach in the NPPF
which sets out that Local Planning Authorities should deliver a wide choice of high
quality homes with a mix of housing based on current and future demographic trends,
market trends and the needs of different groups in the community. Evidence in the
Southern Staffordshire Housing Needs Study and Strategic Housing Market
Assessment (SHMA) Update (2012) identified an imbalance of housing types across
the District with high concentrations of larger detached homes, particularly in the rural
areas. Consequently, it has identified the need for smaller affordable homes,
particularly those of an appropriate type and size for first-time buyers or renters.
7.2
The Design and Access Statement sets out that it is proposed to provide a range of
different housing densities across the site. A range of dwellings are proposed with
varying sizes and tenures, in order to accommodate a variety of household types.
The Design and Access Statement advises that the development shall be erected
utilising a mix of 10 one bedroom dwellings (5%), 84 two bedroom dwellings,
including 20 bungalows (42%), 82 three bedroom dwellings (41%) and 24 four
bedroom dwellings (12%).
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7.3
The dwelling mix identified as necessary to address the imbalance in the District’s
housing stock is 5% one bedroom, 42% two bedroom, 41% three bedroom and 12%
four bedroom and above. It is evident that the mix proposed on the indicative block
plan is fully compliant based on these figures. However, a condition to secure the
implementation of a compliant housing mix is recommended, when further details of
the house types and layout are known.
7.4
Policy H2 of the Local Plan Strategy uses a dynamic model to calculate the viable
level of affordable housing with a target of up to 40%. At the time of pre-application
discussion being undertaken for this development dynamic model of viability advised
that between 25-27% was viable. As such a minimum of 25% of the dwellings on the
site will be affordable which equates to 50 dwellings. It is recommended that these
will comprise 65% social rented and 35% intermediate affordable homes, which will
be secured through a Section 106 Agreement. The siting of the affordable units
within the site to ensure suitable integration throughout the scheme will be addressed
within the reserved matters application for layout.
7.5
Overall, in terms of housing mix, I am satisfied that a development which balances
the strategic need, with the need to secure an appropriate design and density for this
edge of village site can be achieved and that the level of affordable housing
proposed is viable. Accordingly, I consider that the relevant national and local
housing policy requirements are satisfied.
8.
Impact on Residential Amenity
8.1
It is necessary to consider any potential impacts of the development on the amenities
of existing nearby residents, and in addition whether future occupants of the new
dwellings would enjoy a satisfactory level of amenity. The NPPF core planning
principles include the requirement that planning should seek a good standard of
amenity for all existing and future occupants of land and buildings and Local Plan
Strategy Policy BE1 seeks to protect amenity by avoiding development which causes
disturbance through unreasonable traffic generation, noise, light, dust, fumes or other
disturbance.
8.2
The site is located in an area somewhat removed from commercial premises,
however, as mentioned above, to the western boundary of the site lies the existing
West Coast Mainline, which in the future will be utilised by HS2. The applicant has
submitted a noise assessment based on available data to consider the future noise
generated by HS2. This assessment has been considered by the Council’s
Environmental Health Team, who advise that subject to a number of mitigation
measures, recommended by the report, namely the introduction within the site of a
bund adjacent to the line and appropriate glazing treatments, the impact upon the
reasonable amenity of future residents will be acceptable. The recommendations of
the noise report are therefore proposed to be conditioned.
8.3
It is noted that a concern has been raised by a neighbour to the site regarding the
potential for noise to be rebounded by the proposed mitigation measures onto
existing property. Given that it is proposed to utilise a berm (bund) in this site, noise
will be absorbed rather than be redirected by this feature.
8.4
The site has historically been in agricultural and horticultural use, whilst the site also
contains a domestic residence. The Phase 1 Geo-Environmental Report submitted
with the planning application, identified a low potential for land contamination.
However, given existing uncertainties regarding the site’s contamination a condition
to secure the submission of a contaminated land report and the implementation of
any necessary mitigation measures is considered reasonable and necessary.
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9.
Flood Risk and Drainage
9.1
The application site is located within Flood Zone 1 which is defined as having little or
no risk of flooding from rivers or streams. Such zones generally comprise land
assessed as having a less than 1 in 100 annual probability of river or sea flooding in
any year. The NPPG states that for proposals of 1ha or greater in Flood Zone 1, a
Flood Risk assessment (FRA) is required and such a FRA has been submitted with
the application.
9.2
The submitted FRA examines potential sources of flood risk from a number of
sources, including pluvial (rainwater run-off) and sets out the proposed drainage
strategy for the site. In terms of fluvial flood risk, the assessment has shown that the
site is of low risk from river flooding, as its zone 1 designation indicates. With regard
to flood risk from canals, it is noted that the Trent & Mersey Canal is located
immediately to the south of the site and that there are no records of canal flooding
affecting the site. Other potential fluvial flood risk arises from groundwater and
sewers and whilst it notes that there is some potential for flooding from these
sources, the risk is assessed as being low. In terms of pluvial flood risk, the report
notes that the topography of the site is such that ground levels generally fall towards
the east of the site where the open space is proposed.
9.3
The FRA goes on to examine the impact of the development on the wider catchment
area and recognises that as the site is shown to be at risk of surface water flooding,
that the introduction of development could alter existing pluvial flows. Furthermore,
the introduction of areas of impermeable surfacing would increase the level of
surface water generated, potentially increasing the risk of pluvial flooding elsewhere
unless appropriately managed. It then sets out the mitigation measures which it is
proposed, would be incorporated into the development. As protection against pluvial
flows, it proposes that finished floor levels be set 600mm above the average water
levels within the canal and a suitable Sustainable Urban Drainage Systems be
introduced into the area adjacent to the canal, in order to limit the impact of the
development on surface water run-off.
9.4
In terms of foul drainage, Severn Trent Water has advised that they have no
objection to the scheme, subject to the submission and approval of a surface water
and foul sewerage scheme, prior to the commencement of development, which will
be secured via condition.
9.5
The Environment Agency and the County Council Flood Authority have considered
the information provided and are satisfied that, subject to the measures set out and a
number of detailed planning conditions, the development will not give rise to any
flood risk or drainage issues. Having regard to the above, I consider that the
applicants have demonstrated that the proposed scheme makes adequate provision
for foul and surface water drainage, given there is sufficient scope within the site to
introduce a suitable SUDs scheme, which can be accommodated within the site
without detracting from the character of the area, such that there is no conflict with
relevant development plan policies and the advice in the NPPF.
10.
Education
10.1
The Local Education Authority have identified that this site is located within the
catchment area of Hayes Meadow Primary School and Hagley Park Academy.
Hayes Meadow Primary School is projected to be full for the foreseeable future and
as such a contribution towards the provision of additional primary school places is
reasonable and necessary, which for this development, given its scale is advised to
be £463,302.
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10.2
The applicant is proposing to offer as part of the development an area of
hardstanding to form a car and drop-off zone off Spode Avenue, to serve the
adjacent Hayes Meadow Primary School.
Staffordshire Education have not
requested this feature, rather it is a social measure offered by the applicant to the
benefit of the wider community. The Highways Authority have recommended the
implementation and retention of this feature, in order to help address existing parking
congestion around the school, whilst the Education Authority are neutral regarding its
provision, subject to the applicant not seeking to pass maintenance responsibility to
the County Council at a later date. Subject to a condition requiring the suitable
implementation of a suitable parking area and the creation of a maintenance
management company to secure the upkeep of the area, then some positive weight
can be attributed to the provision of this feature within the planning balance.
10.3
Overall, subject to the applicant entering into a Section 106 agreement to secure the
financial contributions outlined by the Local Education Authority, I am satisfied that
the proposals make adequate provision for educational requirements arising from the
development, in accordance with the requirements of Local Plan Strategy Policy Arm
2 and advice contained in the NPPF.
11.
Open Space and Sport
11.1
Local Plan Strategy Core Policy 11, which was informed by the Council’s Playing
Pitch Strategy requires the on-site provision of accessible open space and equipped
play areas. Policy HSC1: Open Space reinforces this requirement and states that
there should be a minimum of 1.4 hectares of amenity space provided per 1000
population generated by a proposal. The current housing mix would result in a likely
population increase of 460 residents. This population increase would give rise to a
minimum need for 0.92ha of open space within the site. Thus, as evidenced on the
submitted indicative block plan, this level of provision can be offered when employing
the existing housing density and shall be secured as part of the reserved matters
applications.
11.2
Lichfield District Council no longer seek to adopt Open Space, therefore the
developer will be required to establish a maintenance company to maintain the open
space. This will be secured via a S106 agreement.
11.3
The Facilities Planning Model (FPM) (2010) looked at sports hall and swimming pool
need across the District and recommended that additional facilities will be required to
meet existing need and the needs of the projected population over the plan period.
All scales of development will increase the impact on the capacity and quality of
provision. The Swimming Pool and Sports Hall Feasibility Study (October 2013)
identified a suitable contributions for residential schemes in Armitage with Handsacre
to make towards this provision, on a per dwelling basis. This sum shall be secured
via the Section 106 agreement and ensures the development’s compliance with the
Development Plan and NPPF.
12.
Other Matters
12.1
The current plans submitted by HS2 identify immediately to the south of this site, the
formation of a balancing pond. Prior to the submission of this application, it was
proposed that a service road to this pond be formed from Spode Avenue along the
western boundary of the site, to enable maintenance of the pond.
12.2
HS2 have provided a consultation response regarding the acceptability of this
development and advise that, a signed legal agreement with the applicant has been
made to secure two points of access into the site, one via the emergency access and
the other through the estate and an area of land to create a Gantry and Relocatable
Equipment Building adjacent to the line. Given that the submitted indicative block
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plan shows that the development could be undertaken in accordance with the legal
agreement it is apparent that the development can be undertaken without potential
impact upon the operation or provision of HS2. The informative recommended by
HS2 will be added as a note to applicant, however, to advise them of the implications
of this development.
12.3
Network Rail have advised of the need for a number of conditions to secure the ongoing safe operation of the rail line, prior to, during and post construction works. The
safe operation of the rail network is material to the planning process and as such, the
conditions that have been recommended are proposed to be attached to the decision
notice.
12.4
Of the points raised by neighbours to the site, not addressed within the above report,
it is evident that the capacity of the doctors and dentist to accommodate additional
patients is not in itself material to the planning process. Furthermore, it is
acknowledged that an increase in the population of the village will create additional
demand and therefore apply pressure on the service provider to expand their
operation. The scheme, given additional people occupying the site, providing
surveillance of the area, is likely to improve security to neighbouring property, whilst
finally, loss in value to existing dwellings, due to the erection of new development, is
not considered to be a material planning consideration.
13.
Human Rights
13.1
Rights Act 1998. The proposals may interfere with an individuals rights under Article
within the report and, on balance is justified and proportionate in relation to the
provisions of the policies of the Development Plan.
Conclusion
weighed in the balance when assessing the suitability of development proposals. With
reference to this scheme, economically the proposal will provide employment opportunities,
through creating a development opportunity, whose future residents would support existing
village facilities. Socially, the proposal is discretely sited ensuring no impact upon existing
residents, whilst suitable conditions can secure the amenity of future residents within the
site. In addition the scale of development is broadly compliant with the requirements of the
Council’s Local Plan Strategy.
Environmentally the site would not elongate the form of Handsacre, rather in-fill an area
between existing built form and occupies a location where any landscape harm will be
localised. It is considered that adequate, high quality public open space will be provided on
site to meet the needs of the future and existing residents, whilst the number of dwellings
and mix proposed, will provide a suitable density of development to integrate into the area,
whilst also helping to meet the accommodation needs of the District.
With regard to transport and highways, adequate information and detail has been included
within the supporting information to demonstrate that sustainable travel choices will be
provided within the development. Benefits to the existing community will also be made
through the provision of an off street parking and drop off facility for the adjacent Primary
School and an improvement to the operation of the traffic progressing across the canal
bridge. Acceptable details have been provided with regard to the vehicular accesses to
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ensure that the development can be safely and appropriately accessed without undue harm
to the character and appearance of the area, existing or future residents and highway and
pedestrian safety.
I am satisfied, that subject to suitable mitigation/precautionary measures that there will be no
adverse impact on protected or priority species and ecological habitats, including the
adjacent Tuppenhurst Site of Biological Importance. Furthermore, subject to a suitable
drainage scheme and the satisfactory provision of green space on the site as offered by the
applicants, the development will not have a significant impact on the Cannock Chase SACs.
With regard to drainage, residential amenity and the development’s impact on heritage
assets and landscape, it is considered that adequate mitigation is provided and that, subject
to appropriate conditions, no material harm will be caused.
It is therefore considered that the principle of residential development is acceptable and that
no other material planning considerations exist to warrant the refusal of the planning
application. Thus, subject to conditions and the applicant entering into a Section 106
Agreement, the principle of development is acceptable, and accordingly, the
recommendation is one of approval.
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LOCATION PLAN
F r o g L a n e
L i c h f i e l d
S t a f f s
W S 1 3 6 Y Y
Scale:
T e l e p h o n e : 0 1 5 4 3 3 0 8 0 0 0
Dated:
Drawn By:
15/01200/FUL
25 Main Street
Alrewas
Burton Upon Trent
H o u s e
1:1,123
February 2016
Drawing No:
:
© Crown Copyright
13
25
SEL
WY
N
MICKLEHOM
E
DRIVE
1
1
CL
OS
E
70
74
82
12
47
24
2
55
34
Works
19
17a
29
17
13
56
MAIN STREET
42
50
Builders
2
Yard
52
38
36a
60
Holly
36
30
22
44
9
19
1
29
El
1a
Cott
age
34b
29b
31
31a
31b
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34a
15/01200/FUL
DEMOLITION OF EXISTING BUNGALOW AND ERECTION OF 3NO 3 BEDROOM
DETACHED DWELLINGS WITH ASSOCIATED WORKS
25 MAIN STREET, ALREWAS
FOR MELODY DEVELOPMENTS
Registered 09/11/15
Parish: Alrewas
Note: This application is being reported to the Planning Committee at the request of
Councillor Margret Stanhope on the grounds of design, highways and planning policy; and
as significant planning objections have been raised by Alrewas Parish Council on the
following grounds:
 Building has been identified as being of interest;
 Design;
 Impact on the Conservation Area;
 Highway safety; and
 Loss of a bungalow.
RECOMMENDATION: Approve subject to the following conditions:
CONDITIONS
1
The development hereby approved shall be begun before the expiration of three
years from the date of this permission.
2
The development authorised by this permission shall be carried out in complete
accordance with the approved plans and specification, as listed on this decision notice,
except insofar as may be otherwise required by other conditions to which this permission is
subject.
hereby approved:
3
Before the development hereby approved is commenced, full details of the following
shall be submitted to and approved in writing by the Local Planning Authority:
i)
ii)
iii)
iv)
v)
Full details of all external materials;
Full details of all finished floorscape surrounding the dwellings;
Full details of joinery and fenestration;
Full details of the eaves; and
Full details of the boundary treatments.
The development shall thereafter be carried out in accordance with the approved details,
unless otherwise agreed in writing by the Local Planning Authority.
4
Before the development hereby approved is commenced, a detailed landscape and
planting scheme shall be submitted to and approved in writing by the Local Planning
Authority. The approved landscape and planting scheme shall thereafter be implemented
within eight months of the first occupation of the dwelling, unless otherwise agreed in writing
by the Local Planning Authority.
5
Before the development hereby approved is commenced, full details of the proposed
surface and foul water drainage system, including outfall for the development intended to
remain in private ownership shall be submitted to and approved in writing by the Local
Page A50
Planning Authority. The approved drainage system shall thereafter be provided before the
dwelling is first occupied.
6
Before the development hereby approved is commenced, details of bat/bird boxes
shall be submitted to and approved in writing by the Local Planning Authority. The approved
mitigation measures shall be fully implemented prior to the first use of the dwellings and
thereafter maintained, in accordance with the approved scheme.
7
8
Before the dwellings hereby approved are first occupied, their parking areas as
indicated on the approved plan (J2042-02 D) shall be provided in a porous bound material
and shall thereafter be retained for the life of the development
9
Before the dwellings hereby approved are first occupied, the vehicle access to the
dwellings shall be completed within the limits of the public highway and the existing vehicle
access reinstated as verge/footway.
10
Before the dwellings hereby approved are first occupied, the vehicle access as
indicated on approved plan (J2042-02 D) shall be completed within the limits of the public
highway and 1.5m x 1.5m pedestrian visibility splays shall be provided to either side of the
vehicle accesses with nothing placed or retained forward of the splays exceeding 600mm in
height above the adjacent carriageway level and shall thereafter be retained for the life of
the development
11
The windows hatched black on drawing J2042-06G shall be fitted with obscure
glazing and fixed shut and shall be thereafter retained as such for the life of the
development.
12
Notwithstanding the provisions of the Town and Country Planning (General Permitted
Development Order 2015 (as amended), (or any Order revoking and re-enacting the Order
with or without modification) the buildings hereby approved shall not be enlarged or
extended to the rear without the prior written permission, on application, to the Local
Planning Authority.
1
2
For the avoidance of doubt and in accordance with the applicant’s stated intentions,
in order to meet the requirements of Policy BE1 of the Local Plan Strategy and the guidance
contained with the Government document, ‘Greater Flexibility for Planning Permissions'.
3
To ensure that the external appearance of the development is in keeping with the
surrounding area, in accordance with Core Policy 3 and Policy BE1 of the Local Plan
Strategy.
4
To safeguard the appearance of the development, in accordance Core Policy 3 and
Policy BE1 of the Local Plan Strategy.
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5
To ensure the satisfactory drainage of the site and to minimise flood risk and
pollution, in accordance with the requirements of Core Policy 3 and Policy BE1 of the Local
Plan Strategy.
6
In order to safeguard the ecological interests of the site and encourage
enhancements in biodiversity and habitat, in accordance with the requirements of
7
To safeguard the character and appearance of the area in accordance Core Policy 3
and Policy BE1 of the Local Plan Strategy.
8
In the interests of highway safety, in accordance with the requirements of Policies
BE1 and ST2 of the Local Plan Strategy.
9
10
11
To safeguard the amenity of neighbouring residents, in accordance with the
requirements of Policy BE1 of the Local Plan Strategy.
12
To safeguard the amenity of neighbouring occupiers in accordance with the
requirements of Policy BE1 of the Local Plan Strategy.
NOTES TO APPLICANT:
1
2
The applicant’s attention is drawn to The Town and Country Planning (Fees for
3. The Council has sought a sustainable form of development which complies with the
provisions of paragraphs 186-187 of the NPPF.
4
Please note that prior to the access being constructed you require Section 184
Notice of Approval from Staffordshire County Council. The link below provides a further link
to "vehicle dropped crossings" which includes a "vehicle dropped crossings information
pack" and an application form for a dropped crossing. Please complete and send to the
address indicated on the application form which is Staffordshire County Council at Network
Management Unit, Staffordshire Place 1, Wedgwood Building, Tipping Street, Stafford, ST16
2DH
or
email
([email protected])
www.staffordshire.gov.uk/transport/staffshighways/licences
5.
The applicant is advised that any soak ways should be provided 4.5m rear of the
highway boundary.
PLANNING POLICY
Major Departure - No
Page A52
National Planning Policy
Local Plan Strategy
Core Policy 2 – Presumption in Favour of Sustainable Development
Core Policy 5 – Sustainable Transport
Policy Alr4 – Alrewas Housing
Development Management Policy ST1 – Sustainable Travel
Development Management Policy ST2 – Parking Provision
Development Management Policy H1 – A Balanced Housing Market
Development Management Policy BE1 – High Quality Development
Supplementary Planning Document
Supplementary Planning Document – Sustainable Design
Trees and Development SPD
Neighbourhood Plan
Emerging Alrewas Neighbourhood Plan
None
CONSULTATIONS
Alrewas Parish Council – Comments awaited in respect of the amended plans.
Alrewas Parish Council – Object. This is a building which has been identified as being of
interest and significance to the village immediately adjacent to the Conservation Area. The
proposed boxy design will not fit with the surrounding housing and will not enhance the
Conservation Area designated opposite and which also extends to the hedge alongside the
property. The roof height appears higher than adjacent houses. The design provides for 3
cars but there appears to be insufficient space for cars to turn, reversing on to Main Street is
not considered safe. This proposal represents a further loss of land in the centre of the
village and will remove a bungalow, accommodation suitable for the more elderly and infirm
(17/12/15).
Staffordshire County Council Highways – No objections, subject to the imposition of
conditions with regards to visibility splays, parking and turning areas and drainage
(24/11/15).
Severn Trent Water – No objections, subject to the imposition of a condition in relation to
drainage details (07/10/15).
Arboricultural Officer – The arboricultural report confirms that the trees present within the
site and on its boundaries should not present a constraint to development. On this basis
there are no further objections to the proposals (05/02/16).
Arboricultural Officer – The document submitted as an Arboricultural survey appears to be
a quotation for the removal of most of the trees within the site boundaries. This appears to
have been prior to a planning application having been submitted and many of the trees
appear to be in a location not required for development. It appears that there may be trees
within adjacent properties which could potentially be affected by works within the site.
However, these are not shown on the plans. A tree survey to BS5837-2012 should be
submitted. This will allow the trees to be plotted and determine the constraints they impose
on the site (25/11/15).
Page A53
Staffordshire County Council (Flood Authority) – As a minor residential proposal shown
near to a surface water flow route along Main Street the finished ground floor levels should
be set at least 150mm above the existing ground levels and the applicant may wish to
consider raising the floor level to 300mm above adjacent ground levels to help mitigate
against residual risk of overland flow. No objections subject to condition in relation to the
submission of infiltration soakage tests to BRE Digest 365 (02/12/15).
Countryside Officer – No objections. The Ecology Team is satisfied that the proposed
works are unlikely to negatively impact upon protected or priority species or habitats.
However under Policy NR3 of the Local Plan Strategy a net gain to biodiversity should be
delivered through all developments.
Due to the nature of the development it is
recommended that this net gain could be best achieved via the incorporation of bat/bird
boxes/bricks within the development (21/12/15).
Any further comments subsequently received will be included in any supplementary papers
1 letter of representation has been received from a neighbouring resident in relation to the
originally submitted scheme. Their comments and concerns are summarised as follows:
 The boundary as shown on drawing J2042-04 is not accurate;
 Residents at 23 Main Street own the boundary, therefore any work to this boundary
must be done in consultation with the owner, must respect their plants and property,
must meet high standards of quality and durability, and can only be undertaken with
their agreement;
 No details of intended fence height;
 45 degree line is breached to the rear of the property when taken from No 23 Main
Street;
 Impact on right to light through existing side window;
 Velux cabrio roof window is a balcony system which will significantly compromise
privacy and amenity space;
 Concern regarding the overall height;
 Ground floor toilet window is not shown as obscure glazed, this may be a typo error;
 Would seek clarification on what is to happen to the land edged in blue to the rear of
the development site;
 Will scaffolding overhang neighbouring property; and
 Pedestrian access along the pavement on front of the site should be maintained.
OBSERVATIONS
Site and Location
The application site relates to a detached bungalow situated on the northern side of Main
Street, Alrewas. The dwelling is set back approximately 14m from the footpath and benefits
from a front garden and parking. The bungalow has an approximate floor area of 296sqm
which includes an integral double garage, 4 bedrooms and a swimming pool with sauna and
shower room. The total site area of the existing bungalow equates to approximately 0.4
acres and has a substantial rear garden.
Residential properties surround the development site in all directions whereby properties
vary in age, size and design, however in the main they are two storey in nature. The site lies
approximately 26m outside of the Alrewas Conservation Area
Page A54
Proposals
The proposal relates to the demolition of the existing detached bungalow and the erection of
three 3 bedroom detached dwellings. The dwellings will be two storey in height and benefit
from 3 bedrooms, 1 of which would have an en-suite, a bathroom at first floor and an open
plan kitchen/lounge room, utility, study, WC and single integral garage at ground floor.
The principle elevations will front Main Street and will have a ground floor area of
approximately 93 sqm, measuring 14m in maximum length (including a single storey
element), 6.6m in width and 7.6m in height to the ridge. The dwellings will have private rear
garden areas of between 232sqm and 243sqm and will benefit from at least two car parking
spaces to the front of each dwelling, along with an integral garage.
Determining Issues
1.
2.
3.
4.
5.
6.
Design and Appearance
Residential Amenity
Access and Highway Safety
Other
Human Rights
1.
1.1
The site lies within the sustainable settlement of Alrewas. The principle of
development within existing settlements is supported by the NPPF, although the
NPPF sets out that Local Authorities should consider setting out polices which resist
inappropriate development of residential gardens where development could cause
harm to the local area.
1.2
This sentiment is supported by Core Policy 2 of the Local Plan Strategy. The NPPF
advises local authorities to approve development proposals that accord with the
development plan without delay.
1.3
Policy BE1 of the Local Plan Strategy requires new development to carefully respect
the character of the surrounding area and development in terms of layout, size, scale,
architectural design and public views. Part 7 of the NPPF attaches great importance
to good design and seeks to promote development which is appropriate in terms of
overall scale, massing, height, landscaping, layout, materials and access in relation
to neighbouring buildings and the local area more generally. It further states that
‘permission should be refused for development of poor design that fails to take the
opportunities available for improving the character and quality of an area and the way
it functions’.
1.4
Core Policy 6: Housing Delivery, indicates that residential development will be
permitted within the smaller rural settlements where it is within defined settlement
boundaries; affordable housing delivered through rural exceptions; or small scale
development supported by local communities. In particular, Policy Alr4 seeks to
provide small-scale redevelopment within the village will be supported to provide for
new housing and a modest and proportionate level of village growth. Infill
development will be prioritised particular those which are regarded as smaller homes
(2-3 bedroom). The replacement dwellings are 3 bedroom, therefore meeting the
requirements of this policy.
1.5
With regards to the emerging Alrewas Neighbourhood Plan, the Examiner has
submitted his report regarding the plan for the parish, although the plan has not
proceeded to further stages yet. However, the Neighbourhood Plan supports housing
on ‘small infill’ sites with priority given to brownfield sites (Policy 5.1.1) and smaller
Page A55
properties such as 3 bed and fewer (Policy 5.4.2). As such this proposal which is a
brownfield site within the settlement boundary and for 3 bed dwellings would be in
conformity with policy within the neighbourhood plan.
1.6
Given the above I am satisfied that the development, as an overall package of
proposals, would comply with the requirements of Development Plan Policy in terms of
the principle of development. Other matters are discussed below.
2.
Design and Appearance
2.1
Concern has been raised regarding the design of the proposed dwellings, along with
the loss of the bungalow which the Parish Council have identified as being a building
of interest in the village. Most of the dwellings in the immediate vicinity along Main
Street are two storey in design. A neighbouring resident also raised concern
regarding the height of the proposed dwellings as originally submitted. Following
amendments to the scheme, which saw a reduction in the overall height of the
dwellings by 600mm, I am of the view that the proposed design would be in keeping
with the character and appearance of the area and that the dwelling would not
appear overly dominant in the streetscene. It is considered that this reduction in
height has overcome the neighbours concern.
2.2
Concern has also been raised in relation to the impact the proposal would have on
the adjacent Alrewas Conservation Area. The NPPF states that the significance of
heritage assets can be harmed by development within its setting to the setting of
heritage assets is an important consideration. At its closest point the application site
is about 25m from the boundary of the Conservation Area. The application site
doesn’t directly adjoin the Conservation Area but the two are intervisible. The setting
of the Conservation Area in this location is of a residential road where there are a
variety of ages, styles and sizes of properties along this part of Main Street. No
objections are raised from the Conservation Officer in respect of this proposal as it is
considered that the residential character of the road will be maintained and therefore
the setting of the Conservation Area will not be harmed.
2.3
I consider that the dwellings will fit satisfactorily into the streetscene and will not have
a detrimental impact on the character of the surrounding area, in accordance with the
Development Plan, subject to appropriate materials, boundary treatment and
landscaping, as recommended by condition.
3.
Residential Amenity
3.1
Residents at 23 Main Street had raised concerns regarding the potential effect on
neighbouring amenity, in particular in relation to the 45 degree line being breached to
the rear of the property, the impact on right to light through existing side window, and
the introduction of a velux cabrio roof window is a balcony system which will
significantly compromise privacy and amenity space.
3.2
In order to safeguard the outlook and daylight of neighbouring residents, the SPD on
‘Sustainable Design’ requires any proposed development to comply with the 45/25
degree daylight rule. In this case the 45 degree rule is met when taken from the
immediate neighbouring properties. It is not considered that the erection of the new
dwellinghouses would compromise the amenity or have any significant impact on the
daylight, sunlight or outlook of neighbouring properties.
3.3
Through the reduction in height of the proposed dwellings, the originally proposed
velux cabrio roof windows have been removed from the scheme which overcomes
the concerns of the neighbours in terms of their impact on neighbouring privacy.
Page A56
3.4
The proposed dwellings would include principle windows within the front and rear
elevations. There would be an approximate 26m – 40m separation distance between
the principle front elevations of the proposed dwellinghouses and the properties on
the opposite side of Main Street. The new gardens would have a length of between
33m and 28m. Consequently the impact of the dwellings on the private amenity of
residents to the north and south would be minimal.
3.5
In addition, whilst openings within the side elevations are not considered principle
habitable windows, a condition is recommended to ensure these are obscure glazed
to protect the private amenity space of No. 23 and 27 Main Street. Overall, the
separation distances between window openings would comply with the Council’s
SPD separation standards.
3.6
Finally, it is recommended in the SPD for that for 3-4 bed units private garden space
should be a minimum of 65 square metres. The dwellings would have in excess of
this requirement (232sqm and 243sqm). Consequently, I am satisfied that there will
be a satisfactory level of amenity for future occupants of the dwelling.
3.7
To conclude, I do not consider that there would be any adverse impact on existing
residential amenity in accordance with the Development Plan.
4.
Access and Highway Safety
4.1
The site is currently accessed via an ‘in and out’ driveway. It is proposed to access
the site via a relocated single entrance/exit off Main Street. Off road parking
provision and a turning area would be maintained within the confines of the site for at
least nine vehicles, which includes one integral garage space per dwellinghouse.
The Councils Sustainable Design SPD seeks 2 parking spaces per dwelling.
Consequently, the site would meet the parking requirements of the SPD. With
regards to vehicular access/egress Staffordshire County Council Highways are
satisfied that the proposed parking and turning area would be satisfactory and would
not be detrimental to highway safety on Main Street.
4.2
Therefore, I consider the proposal accords with the development plan with regard to
access/egress and parking provision, and is acceptable in this regard.
5.
Other Issues
5.1
Prior to the submission of the application, a number of trees within the site were
removed. As the site is outside of the Alrewas Conservation Area and the trees
weren’t protected by a TPO there would have been no restrictions on their removal,
although many of the trees appeared to be in a location not required for development.
It has been noted by the Arboricultural Officer that there may be trees within adjacent
properties which could potentially be affected by works within the site. However,
these were not shown on the submitted plans. A tree survey to BS5837-2012 was
requested as this would allow the trees to be plotted and determine the constraints
they impose on the site.
5.2
At the request of the Arboricultural Officer, an arboricultural report and tree
constraints plan was submitted. The arboricultural report confirmed that the trees
present within the site, and on its boundaries, should not present a constraint to
development. On this basis there are no further objections to the proposals on
arboricultural grounds.
5.3
The comments of the neighbouring residents in respect of the inaccuracies in the
boundary and land ownership have been taken into account by the applicant’s agent
and have been addressed by way of an amended red line plan. It is considered that
the concerns of the neighbours in this respect have now been overcome. With
Page A57
regards to concerns in respect of scaffolding overhanging neighbouring boundaries
this would be a civil matter between the parties involved; while the ensuring of
pedestrian access is maintained along the pavement in front of the site, would be a
matter for Staffordshire County Council.
6.
Human Rights
6.1
Rights Act 1998. The proposals may interfere with an individual’s rights under Article
within the report and, on balance, is justified and proportionate in relation to the
provisions of the policies of the development plan and national planning policy.
Conclusion
weighed in the balance when assessing the suitability of development proposals.
Economically the development would facilitate the re-use of a brownfield site, offer a
development opportunity and bring additional residents into this village. Socially it has been
demonstrated that the development will not impact upon the reasonable residential amenity
of any existing or proposed future residents within this sites, whilst conditions can be utilised
to protect the future amenity of proposed residents within this site. Environmentally it is
considered that the development is acceptable in this sustainable village site, as subject to
the imposition of conditions, the development would preserve and enhance the character
and appearance of the neighbouring Conservation Area. Furthermore, it is considered that
the design is acceptable and physically well related to its surroundings.
Accordingly, the recommendation is one of approval, subject to conditions.
Page A58

PLANNING COMMITTEE 22 February 2016 Agenda Item 4 Contact

Transcription

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