Outline application (all matters reserved except external access) for residential development of up to 25 dwellings with access to Romsey Road, parking, opens space, landscaping and drainage.
Minutes:
Public Participation
Ivor Ellis spoke in objection to the application
Hollie Sturgiss (agent) spoke in support of the application.
Matt Allsopp (applicant) spoke in support of the application.
Lynda King (Senior Planning Officer) presented a report which recommended that planning permission be granted, with conditions and subject to an S106 agreement, for an outline application (all matters reserved except external access) for residential development of up to 25 dwellings with access to Romsey Road, parking, opens space, landscaping and drainage.
Key details were stated to include the following: the application was before the Committee as it was contrary to policy, due to the site being outside the settlement boundary of the village. However, as Wiltshire Council did not currently have a demonstrable 5 year Housing Land Supply (HLS), then the application could be considered for approval.
The officer ran through the slides for the application, the site was a field on the edge of the village, although it was contained by existing properties. Hedgerows would be reinforced, and the application would result in an improvement in biodiversity. There was a significant additional area of landscaping at the back of the site. The access points to the site were shown, a footpath would be added on the inside of the hedge boarding the site. There was an existing footpath along the outside edge of one side of the site, which was not part of the site and was not affected by it. The path inside the development would link to the existing footpath. There was a bus stop adjacent to the site and a pedestrian crossing point as the road only had a pavement along one side.
The village of Whiteparish had grown in a linear fashion over time, to the South East and West along the roads.
The application was an outline application, with all matters reserved except for access. The development would go no further south than existing surrounding development and the houses faced over open space giving a pleasant edge to the site.
The accommodation mix was detailed, 60% were 2 and 3 bedroom houses, there would also be some 1 bedroom units and some 4 bedroom units.
The parish council were generally supportive of the application; however, they would have preferred the percentage of affordable housing to be 50% rather than 40%. The officer explained that would not be policy compliant, so the amount remained at 40%. Increasing the percentage of affordable housing would also have affected the viability of the application. The proposal would bring a significant benefit to the settlement in terms of affordable housing as there had not been any development there for some time.
Few objections had been received, and the local primary school had been supportive, as they were struggling with pupil numbers which affected their viability, and the development would likely bring families with young children to the village.
Issues raised by those opposed to the application included highways safety, the speed of traffic, and that there was no footpath. The site was in a 30mph zone, close to where it changed to a 40mph zone. Highways officers had assessed the application and had no objections, subject to conditions.
The applicant had submitted a pre application and had worked to address as many of the points raised as possible. Drainage on the site had held up the application as there was a possible high risk of ground water. A flood risk assessment had been undertaken and the drainage engineers were satisfied that the strategy proposed was sound.
The site met ecological requirements. As the site was in the zone of influence for the New Forest, CIL payments would be used to mitigate any harm caused to the New Forest. The site was also in a bat buffer area and so there would be lighting conditions to minimise light pollution which could affect the bats. The site was also in the River Test catchment area and so was affected by nitrate neutrality. Therefore, the applicants would pay to enter into the Councils mitigation scheme. The application was subject to an extensive S106 agreement.
The officer explained that the tilted balance applied to this application. Whilst it was technically contrary to policy, Wiltshire Council’s 5 year HLS was stated recently at an appeal regarding an application in Holt (PL/2022/03315), to be 4.59 years, which could not be termed as a moderate shortfall, but was significant. Whilst the new Local Pan would help the situation, it would be some time before that came into effect, if approved.
The officer stated that as the application was only for 25 dwellings; related well to the settlement; had affordable housing; had support from the local primary school; had tacit support from the parish Council; and had no significant objections, it was recommended for approval on the tilted balance.
Members of the Committee then had the opportunity to ask technical questions of the officer. Details were sought on the Holt appeal decision and why our HLS was now at 4.59 years when it was at 4.7 years and whether a shortage of staff had held up the new Wiltshire Core Strategy and new Local Plan. The officer stated that there was a shortage of planning staff across the country, so the situation was not unique to Wiltshire. Spatial Planners were very specialist and there was an even greater shortage of those.
In response to a question regarding whether the mix of housing was appropriate for the area, the officer explained that housing enabling officers had assessed the application and agreed that the mix was appropriate and this would be covered in the S106 agreement.
The officer confirmed that the village was classed as a large village and that it did not have a neighbourhood plan. The concept had been lodged but not progressed. It was also confirmed that the village had a residual requirement of 42 houses in the Local Plan.
Members queried whether the Holt appeal decision cited by the officer was relevant as it only referred to the Holt application, so could not be used as a precedent. The officer stated that it was a material consideration so should be considered, and whilst each application should be considered on its own merits, this application was similar in many ways to the Holt application.
Members of the public then had the opportunity to present their views, as detailed above.
The unitary division member, Cllr Richard Britton (Alderbury & Whiteparish), spoke to the application. Cllr Britton stated that a development of 25 houses was significant in the village, and the objections to the application had been clearly described by Mr Ellis during public participation, which included that the application was contrary to the development plan, was outside of the settlement boundary and contrary to the following core policies, CP1, CP2, CP57, CP60 and CP61. Road safety and the footpaths were also highlighted as issues.
Cllr Britton felt it was significant that the parish council were not present to object, their only issue with the application stemmed from the percentage of affordable housing which they would prefer was 50% rather than 40%.
Cllr Britton took part in the Community Speed Watch in the village and was surprised by the low volume of traffic on the A road through the village.
Cllr Britton was a staunch supporter of settlement boundaries, however in this instance, due to the provision of affordable housing and the application helping to address problems at the primary school with pupil numbers, he was in support of the application and invited the Committee to support it as well.
The Chairman opened the item for debate and invited the first Member to speak to make a proposal. Cllr Tony Trotman, seconded by Cllr Sarah Gibson proposed that planning permission be granted, with conditions, subject to a successful S106, as per the officer recommendation.
Cllr Trotman stated that whilst this went against many core policies, the village needed affordable housing. As such and with the tilted balance in play due to the lack of a 5 year HLS, he felt that this small development sat well within the village even if it was outside the settlement boundary, particularly with the soft edge proposed. Hence his support for the application.
Cllr Gibson concurred, stating that the 5 year HLS figures were what they were. She was supportive of small applications by small developers as they were often much more deliverable. Cllr Gibson felt that it was a sensible application and in the right area.
Members discussed at length the issues regarding the 5 year HLS. Some Members felt that the Council had been reduced to planning by appeal. They expressed frustration and felt that the Committee’s hands were tied, meaning that they could not make proper decisions on anything except solar farms and Gypsy and Traveller sites. Some questioned what the strategy was to overcome the situation.
Members also discussed some of the issues raised by the speaker in objection to the application. The public footpath went directly from the site to the school, which was good. Whilst it may have styles at present, these could be replaced in the future with gates. Others felt that the footpaths would not be used and that residents would drive to the school, increasing traffic.
Many Members felt that whilst they did not want to go against policy there were many advantages to this application.
During debate Members discussed adding and amending informatives. An informative was suggested on page 70 of the agenda, whereby the reserved matters application should broadly follow that set out on the illustrative masterplan, Members queried if this could be added. The officer confirmed that this had already been added as informative 8. Members further questioned the use of the word broadly in that informative and requested that it be changed to ‘closely’. The officer confirmed that it could.
On page 80, informative 2 regarding the Community Infrastructure Levy (CIL) stated that the development could be liable to CIL, Members queried whether this could be changed to say that it will be subject to CIL. The officer explained that the scheme was partially CIL compliant, as the affordable housing would not be subject to CIL, but the open market housing would be. It was confirmed that the parameters of CIL could not be changed by the Committee, but the wording of the informative could be altered as suggested to say ‘will be subject to CIL’ instead of ‘could be subject to CIL’.
These amendments to the informatives were accepted as friendly amendments by the proposer and seconder of the motion.
In response to a question, it was confirmed that when the reserved matters application came in, this could be called in by the local Member if they chose to do so.
At the conclusion of the debate it was,
Resolved:
To grant planning permission, subject to the prior completion of a S106 Agreement in respect of the Heads of Terms referred to above, and subject to the following conditions:-
1) The development hereby permitted 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 approval of the last of the reserved matters to be approved, whichever is the later.
REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.
2) No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority: The scale of the development;
The layout of the development;
The external appearance of the development;
The landscaping of the site;
The development shall be carried out in accordance with the approved details.
REASON: The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 5 (1) of the Town and Country Planning (Development Management Procedure) (England) Order 2015.
3) An application for the approval of all of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.
REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.
4) Approved plans
The developmentherebypermittedshall be carried out in accordance with the following approvedplans and documents:
· Site Location Plan – drawing no. P22-1712_DE_001_A_01, received on 12 Dec ember 2022 · Proposed Access Arrangement- drawing no. 1294-008, received on 12 December 2022 · Land Use Plan- drawing no. P22-1712_DE_004_B_01, received on12 December 2022.
REASON:For the avoidance of doubt and in theinterestsofproper planning.
5) Nodevelopment above slab level shallcommenceonsiteuntiltheexactdetailsandsamplesofthematerialsto beusedfor theexternalwallsand roofshavebeensubmittedto andapprovedinwritingbythe LocalPlanningAuthority.Developmentshallbecarried out inaccordance with the approved details.
REASON:Theapplicationcontainedinsufficientinformationto enablethismatterto beconsideredpriorto grantingplanningpermissionand/the matterisrequiredtobeagreed with theLocalPlanningAuthoritybeforedevelopmentcommencesinorderthatthedevelopmentisundertakeninanacceptablemanner,in theinterestsofvisualamenityandthe characterandappearance of the area.
6) No railings, fences, gates, walls, bollards and other means of enclosure development shall be erected in connection with the development hereby permitted until details of their design, external appearance and decorative finish have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details prior to the development being.
REASON: In the interests of visual amenity and the character and appearance of the area.
7) No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include :-
· location and current canopy spread of all existing trees and hedgerows on the land; · full details of any to be retained, together with measures for their protection in the course of development; · a detailed planting specification showing all plant species, supply and planting sizes and planting densities; · finished levels and contours; · other vehicle and pedestrian access and circulation areas; · all hard and soft surfacing materials; · minor artefacts and structures (e.g. furniture, play equipment, refuse and other storage units, signs, lighting etc); · proposed and existing functional services above and below ground (e.g. drainage, power, communications, cables, pipelines etc indicating lines, manholes, supports etc);
REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.
8) All soft landscaping comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the first occupation of the building(s) or the completion of the development whichever is the sooner; All shrubs, trees and hedge planting shall be maintained free from weeds and shall be protected from damage by vermin and stock. Any trees or plants which, within a period of five years, die, are removed, or become seriously damaged or diseased 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. All hard landscaping shall also be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme to be agreed in writing with the Local Planning Authority.
REASON: To ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.
9) No development shall commence within the redline boundary marked on Pegasus Group Drawing: P22-1712_DE_001_A-01, dated 09/08/2022 until:
a) A written programme of archaeological investigation, which should include on-site work and off-site work such as the analysis, publishing and archiving of the results, has been submitted to and approved in writing by the Local Planning Authority; and
b) The approved programme of archaeological work has been carried out in accordance with the approved details.
REASON: 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.
10)Details of the surface water drainage scheme, (including sustainable drainage details), the foul water drainage scheme and timetables for their implementation shall be submitted to the local planning authority for approval with or before the submission of reserved matters. No development shall commence until those schemes have been approved in writing by the local planning authority, and the surface water drainage scheme and the foul water drainage scheme shall then be implemented in accordance with the approved schemes and timetables, and thereafter retained.
REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure that the development can be adequately drained.
11)Prior to the commencement of works, including demolition, ground works/excavation, site clearance, vegetation clearance and boundary treatment works, a Construction Environmental Management Plan (CEMP) shall be submitted to the local planning authority for approval in writing. The Plan shall provide details of the avoidance, mitigation and protective measures to be implemented before and during the construction phase, including but not necessarily limited to, the following:
a) Identification of ecological protection areas/buffer zones and tree root protection areas and details of physical means of protection, e.g. exclusion fencing. b) Working method statements for protected/priority species, such as nesting birds and reptiles. c) Mitigation strategies already agreed with the local planning authority prior to determination, such as for great crested newts, dormice or bats; this should comprise the pre-construction/construction related elements of strategies only. d) Work schedules for activities with specific timing requirements in order to avoid/reduce potential harm to ecological receptors; including details of when a licensed ecologist and/or ecological clerk of works (ECoW) shall be present on site. e) Key personnel, responsibilities and contact details (including Site Manager and ecologist/ECoW). f) Timeframe for provision of compliance report to the local planning authority; to be completed by the ecologist/ECoW and to include photographic evidence.
Development shall be carried out in strict accordance with the approved CEMP.
The CEMP shall also address the following:-
i. An introduction consisting of construction phase environmental management plan, definitions and abbreviations and project description and location; ii. A description of management responsibilities; iii. A description of the construction programme; iv. Site working hours and a named person for residents to contact; v. Detailed Site logistics arrangements; vi. Details regarding parking, deliveries, and storage; vii. Details regarding dust and noise mitigation; viii. Details of the hours of works and other measures to mitigate the impact of construction on the amenity of the area and safety of the highway network; and ix. Communication procedures with the LPA and local community regarding key construction issues – newsletters, fliers etc.
REASON: To ensure adequate protection and mitigation for ecological receptors prior to and during construction, and that works are undertaken in line with current best practice and industry standards and are supervised by a suitably licensed and competent professional ecological consultant where applicable, and the development is carried out in such a way as to not cause a nuisance to local residents.
12)Prior to the start of construction, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP will include long term objectives and targets, management responsibilities and maintenance schedules for each ecological feature within the development, together with a mechanism for monitoring success of the management prescriptions, incorporating review and necessary adaptive management in order to attain targets.
The LEMP shall also include details of the legal and funding mechanism(s) by which long-term implementation of the plan will be secured. The LEMP shall be implemented in full and for the lifetime of the development in accordance with the approved details.
REASON: To ensure the long-term management of landscape and ecological features retained and created by the development, for the benefit of visual amenity and biodiversity for the lifetime of the scheme.
13)No external light fixture or fitting will be installed within the application site unless details of existing and proposed new lighting have been submitted to and approved by the Local Planning Authority in writing. The submitted details will demonstrate how the proposed lighting will impact on bat habitat compared to the existing situation.
REASON: to avoid illumination of habitat used by bats.
14)The residential development hereby approved shall be designed to ensure it does not exceed 110 litres per person per day water consumption levels (which includes external water usage). Within 3 months of each phase being completed and the housing being brought into use, a water efficiency report certifying that this standard has been achieved shall be submitted to the local planning authority for its written approval.
REASON: To ensure compliance with the prevailing mitigation strategy for nutrient neutrality in the water catchment within which this development is located.
15)No development shall commence on site until visibility splays have been provided between the edge of the carriageway and a line extending from a point 2.4 metres back from the edge of the carriageway, measured along the centre line of the access, to the points on the edge of the carriageway 59 metres to the west and 59 metres to the east from the centre of the access in accordance with the approved plans (ref: 1294-008). Such splays shall thereafter be permanently maintained free from obstruction to vision above a height of 900mm above the level of the adjacent carriageway.
REASON: In the interests of highway safety.
16)Notwithstanding the submitted details, the proposed development shall not be occupied until means/works have been implemented to avoid private water from entering the highway.
REASON: To ensure that the highway is not inundated with private water.
17)No development shall commence until full construction details of the proposed 2m wide footway across the site frontage together with dropped kerbs and tactile paving, street lighting and drainage, has been submitted to and approved by the Local Planning Authority; the footway and associated work shall be constructed in accordance with the approved details prior to first occupation of the development.
REASON: In the interests of highway safety.
18)There shall be no burning undertaken on site at any time.
REASON: In the interests of the amenities of local residents.
19)Construction hours shall be limited to 0800 to 1800 hrs Monday to Friday, 0800 to 1300 hrs Saturday and no working on Sundays or Bank Holidays.
REASON: In the interests of the amenities of local residents.
20)Prior to commencement of development an acoustic report shall be submitted to the LPA for approval in writing prior to implementation. The report shall demonstrate that the internal and external amenity standards of BS8233:2014 Guidance on sound insulation and noise reduction for buildings (or any subsequent version) and WHO Guidelines for Community Noise (1999) can be achieved within the development. The report must include full details of any scheme of mitigation required to achieve this which, if approved, must be implemented in full and maintained in that way in perpetuity.
General: In discharging this condition the applicant should engage an Acoustic Consultant. The consultant should carry out a background noise survey and noise assessment according to BS8233: 2014 (or any subsequent version) and demonstrate that internal and external noise levels will not exceed the guideline noise levels contained in Section 7.7 (table 4) of BS8233:2014. The report should also demonstrate that internal maximum noise levels in bedrooms will not normally exceed 45dB LAmax between the hours of 23:00 and 07:00.
REASON: In the interests of the amenities of local residents and the occupiers of the new dwellings.
21)No development shall commence on site until a construction management plan has been submitted to and approved in writing by the local planning authority. The plan shall include details of the measures that will be taken to reduce and manage the emission of noise, vibration and dust during the demolition and/or construction phase of the development. It shall include details of the following:
i. The movement of construction vehicles; ii. The cutting or other processing of building materials on site; iii. Wheel washing and vehicle wash down facilities; iv. The transportation and storage of waste and building materials; v. The recycling of waste materials (if any) vi. The loading and unloading of equipment and materials vii. The location and use of generators and temporary site accommodation viii. Where piling is required this must be Continuous flight auger piling wherever practicable to minimise impacts
The construction/demolition phase of the development will be carried out fully in accordance with the construction management plan at all times.
REASON: In the interests of the amenities of local residents.
22)Concurrent with the reserved matters application a Sustainable Energy Strategy (SES) shall be submitted for the approval in writing by the local planning authority. The SES shall set out the measures to deliver sustainable construction and climate change adaption, and include an implementation schedule and any approved infrastructure shall be provided in accordance with the approved schedule.
REASON: To ensure that the development is carried out to the prevailing sustainable construction and climate change adaption principles.
23)For the avoidance of doubt, the number of dwellings to be developed on the site shall not exceed 25 in number.
REASON: To ensure that the development is carried out in accordance with the principles considered at the Outline stage.
Informative Notes
1) ThispermissionshallbereadinconjunctionwithanAgreementmadeunderSection106oftheTownandCountryPlanningAct, 1990anddatedthe XXXX.
2) The development hereby approved will be subject to the Community Infrastructure Levy. Wiltshire Council has now adopted a Community Infrastructure Levy (CIL) charging schedule. CIL is a charge that local authorities can place on new development in their area. The money generated through CIL will contribute to the funding of infrastructure to support growth.
More information and the charging schedule for CIL can be found using the following link:
http://www.wiltshire.gov.uk/planninganddevelopment/dmcommunityinfrastructurelevy.htm
3) The programme of archaeological work required by Condition 9 will comprise:
i) an initial phase of exploratory archaeological investigation (a field evaluation) prior to the commencement of development to establish if there are any areas of archaeological interest that will be impacted by the proposed development ii) Further archaeological investigation of any areas of archaeological interest, either prior to the commencement of, or during, development iii) A programme of post-fieldwork assessment, analysis, reporting and publication commensurate with the significance of the archaeological results.
4) A water efficiency calculation will be needed to discharge condition 14. For guidance on how to do this and what is required, please refer to the following document: ‘The Building Regulations 2010 – Sanitation, hot water safety and water efficiency’, Appendix A (p36-44).
5) There is a low risk that great crested newts may occur at the development site. Great crested newts are protected all times by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019. Planning permission for development does not provide a defence against prosecution under this legislation or substitute for the need to obtain a great crested newt mitigation licence if an offence is likely. For all construction and ground clearance works it is advised to follow advice from an independent ecologist.
6) The habitat within the proposed development site and the surrounding area is suitable for roosting, foraging and commuting bats. An increase in artificial lux levels can deter bats which could result in roost abandonment and/or the severance of key foraging areas. Artificial light at night can have a substantial adverse effect on biodiversity. Any new lighting should be for the purposes for safe access and security and be in accordance with the appropriate Environmental Zone standards set out by the Institute of Lighting Engineers in their publication GN01:2021, ‘Guidance for the Reduction of Obtrusive Light’ (ILP, 2021), and Guidance note GN08-18 “Bats and artificial lighting in the UK”, issued by the Bat Conservation Trust and Institution of Lighting Professionals.
7) The applicant will be required to enter into a S278 (Highways Act) legal agreement with Wiltshire Council for the footway work and bellmouth.
8) The layout for the Reserved Matters application shall closely follow that set out on the Illustrative Masterplan (drawing no. P22-1712_DE_003_B_01).
Note: Cllr Ernie Clark requested that the fact he abstained from the vote was recorded. |
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Supporting documents: