Agenda item

Proposal:	Outline application for demolition of existing dwelling and erection of three dwellings.  Matters to be considered – Access and layout
Location:	Delamere Stables, Baydon Road, Lambourn
Applicant:	Mr. A. Hallows
Recommendation:	That the District Planning Committee REFUSES planning permission to planning application 16/00971/OUTD for the reasons set out in the Western Area Planning Committee Agenda Report of 20th July 2016

 

The Committee considered a report (Agenda Item 4(2)) concerning Planning Application 16/00971/OUTD in respect of an outline application for demolition of existing dwelling and erection of three dwellings. Matters to be considered: access and layout.

The Planning Officer, Derek Carnegie, confirmed that this application had previously been considered at the Western Area Planning Committee meeting on 20^th July 2016.

The site was located outside of a settlement boundary as defined by the Local Plan Proposals map and was therefore located in open countryside. The Council was able to demonstrate a five year housing land supply in accordance with paragraphs 47-49 of the National Planning Policy Framework (NPPF). Accordingly the relevant policies relating to the supply of housing were deemed to be up to date and could be given full weight. The West Berkshire Core Strategy 2006-2026, sought to direct new development in accordance with the settlement pattern with most development taking place within settlements defined within the hierarchy as directed by Area Delivery Plan Policy 1 (ADPP1). The explanatory text to Policy HSG.1 West Berkshire District Local Plan Saved Policies 2007 stated that outside settlement boundaries, development would only be acceptable in exceptional circumstances. Policy CS1 of the Core Strategy stated that new homes would be primarily developed on: suitable previously developed land within boundaries, other suitable land within settlements, strategic sites and broad locations identified on the Core Strategy Key Diagram and land allocated through the Housing Site Allocations Development Plan Document (HSA DPD). The Proposed Submission Version of the HSA DPD had been submitted for examination (commencing June 2016).  It was therefore at an advanced stage of preparation. Policy C1 of the draft West Berkshire Council Proposed Submission HSA DPD stated that there was a presumption against new residential development outside of settlement boundaries, exceptions to this were limited to rural exception housing schemes, conversion of redundant buildings, housing to accommodate rural workers and extensions to or replacement of existing residential units. It was noted the proposed site was still outside of the revised settlement boundaries as a result of housing allocations.

The proposed three dwellings did not meet with these criteria and as such their proposal was not in conformity with the current statutory development plan which comprised policies in the West Berkshire Core Strategy 2006 – 2026, July 2012, those saved policies within the West Berkshire District Local Plan 1991-2006, Saved Policies 2007 and the Proposed HSA DPD.

In summary, Mr Carnegie gave the Officer view that the decision of the Western Area Planning Committee to grant conditional planning permission would comprise a departure from current West Berkshire Council Planning Policy. It was important that development in the district was plan led.

Councillor Alan Law referred to the conclusion of the District Planning Committee report and specifically the view described of the Western Area Planning Committee that the application should be approved given the benefits it would provide. He queried these benefits and the exceptional grounds for approval by the Western Area Planning Committee contrary to planning policy. Mr Carnegie responded that Western Committee Members felt that the site’s close location to the Lambourn settlement and the village centre added weight in favour of the application as did the view that it would be beneficial to erect these dwellings alongside the stables. However, Mr Carnegie reiterated the Officer view that this proposal was clearly contrary to planning policy.

In accordance with the Council’s Constitution, Mr Mark Campbell, applicant/agent, addressed the Committee on this application.

Mr Campbell in addressing the Committee raised the following points:

·                     He disagreed with the position stated by the Planning Officer and in the report that the proposal was contrary to the Council’s planning policies. Mr Campbell stated that the proposal was in accordance with the Spatial Strategy of the Council’s Core Strategy: Area Delivery Plan Policy 1 (ADPP1) which allowed development within or adjacent to settlement boundaries. This site was clearly adjacent to Lambourn’s settlement boundary and formed part of Lambourn village, it was in a sustainable location and was close to Lambourn’s amenities.

·                     The Western Area Planning Committee had considered that the site formed part of the Lambourn settlement.

·                     There were other established Lambourn properties that were not within the settlement boundary.

·                     Planning Officers had also recommended refusal of the application due to the impact on the character and appearance of the AONB (Area of Outstanding Natural Beauty). However, the site was already developed, the racing yard was already in existence and this proposed development would not impact any further on the AONB. The impact on the AONB was not therefore a reason on which to refuse planning permission.

Councillor Anthony Pick asked Mr Campbell for his views on the points made by the Planning Officer and in the Officer’s report that the dwellings and their design would be detrimental to the appearance and character of the area. In response, Mr Campbell made the point that existing, adjacent dwellings were terraced as proposed with this application. The proposed layout was therefore compatible with the existing pattern of development in the area. Detailed debate in relation to design would come at the reserved matters stage and not for this outline application, however Mr Campbell pointed out that the current building was of a bulky structure and there were therefore no concerns of increased massing on the site arising from the development.

Councillor Alan Macro queried whether the existing stable blocks would be demolished. Mr Campbell clarified that approval had already been granted to demolish and then construct new stable blocks within the racing yard and this was not part of this application.

Councillor Gordon Lundie, speaking as Ward Member, made the following points:

·         He was also speaking on behalf of his fellow Ward Member, Councillor Graham Jones, and they were both in support of this planning application.

·         He had lived for many years on Baydon Road in Lambourn and was therefore very familiar with this site, its surrounding area, traffic levels etc. This site was indeed on the edge of Lambourn.

·         This proposal for three dwellings was a decrease from the four dwellings application which had previously been refused by the Council. In addition to this reduction, Planning Officers had been consulted and negotiated with at length on the outline application and this had been productive. It was Councillor Lundie’s expectation that this collaboration would continue for the full application.

·         The site was in need of renewal.

·         There was a significant housing need in the area and this well situated Brownfield site was more favourable for development than alternative Greenfield sites.

·         The site’s close proximity to Lambourn (a rural service centre) meant it was sustainable. The centre of Lambourn and its amenities were within walking distance. Traffic issues were not a factor.

·         Councillor Lundie was surprised to discover that this site fell outside of the settlement boundary/the red line and while he understood the need for these boundaries, in this case the proposed development was located near to a housing development and next to other terraced dwellings.

·         Councillor Lundie felt that these points gave justification for planning permission adjacent to the settlement boundary and hoped that permission could be granted.

·         Approval would achieve a small windfall gain in housing.

Councillor Hilary Cole noted that as an outline application the final planning application might not take the same form and she queried whether development of the existing substantial property into apartments would do more to help meet the housing need mentioned in the area. Councillor Lundie was unable to respond on how far the final application would differ from the outline application.

Councillor Jeff Beck commented that he was familiar with the site and the village settlement boundary in no way aligned with the actual housing situation. Development of the site would enable improvements to the stables and provide much needed housing. Councillor Beck added that he had taken the additional points made at this meeting into account, alongside the debate held at the Western Area Planning Committee, and proposed that conditional planning permission be granted contrary to the Officer recommendation. Councillor Paul Bryant seconded the proposal.

Councillor Macro asked Officers to comment on the point made by the applicant that the Council’s planning policies allowed development adjacent to a settlement boundary. Mr Carnegie agreed that ADPP1 did state that most developments would be within or adjacent to settlement boundaries. However, he added that acceptance of all planning applications that were adjacent to settlement boundaries would be cause for concern and would impact on the Council’s ability to be a plan led authority.

Councillor Richard Crumly was supportive of the Officer view. This site was located external to the settlement boundary and in open countryside, it was therefore not acceptable. Decisions needed to be consistent with the Council’s own policies.

Councillor Law stated that the Council’s policies and rules were in place for a reason. Acceptance of properties adjacent to settlement boundaries was noted in the Core Strategy, but it was important for development in West Berkshire to be development control/plan led. Councillor Law felt that exceptional circumstances were needed to grant developments that were contrary to planning policy. In this case, exceptional circumstances were stated as the site’s location adjacent to the settlement boundary, closely located and comparable residential development and this being a tired site in need of renovation. Councillor Law accepted these points but added that the same could be said of sites in many areas of the district.

The view had also been expressed that this site already formed part of Lambourn, Councillor Law noted this but added that there was a need for a boundary line. He suggested that the applicant could request a settlement boundary review that might support development of this site. To summarise, Councillor Law was in agreement with the Officer viewpoint.

Councillor Paul Bryant commented that planning was not an exact science and each planning application needed to be considered on its own merits. This included consideration of whether there were exceptional grounds to accept an application contrary to planning policy. He then referred to some of the points made in the Officer’s report that gave reasons why this application was contrary to policy and challenged these.

Paragraph 6.1.9 of the report stated that the proposed development was unsustainable. Councillor Bryant questioned this as the site was located approximately 200 yards from Lambourn’s centre and shops.

Paragraph 6.2.2 referred to guidance from the NPPF that advised against new isolated homes in the countryside. Councillor Bryant did not accept this site was in an isolated location. There was already housing/stables on the site and there was also housing on two sides of Delamere Stables.

Paragraphs 6.2.3 and 6.2.6 gave the Officer view that the proposal and its design would not significantly enhance the character and appearance of the immediate area, but Councillor Bryant felt that it was difficult to consider these factors with an outline planning application.

Councillor Bryant was willing to support the recommendation to grant planning permission on balance, hence he had seconded the proposal.

Councillor Garth Simpson queried whether the proposed dwellings could be considered as a windfall gain. Councillor Cole clarified that, if approved, the dwellings would not constitute windfall, rather it was redevelopment of an existing site.

Councillor Clive Hooker added his view that the site was sustainable when considering its location and the close proximity of existing housing. He supported the proposal to grant planning permission.

Councillor Cole reiterated to Members that this application conflicted with the Council’s planning policies and asked Members to consider whether approval would undermine these policies. She also pointed out that as part of the HSA DPD process, a number of settlement boundary reviews were conducted. However, the Lambourn settlement boundary was not reviewed and therefore the site for this planning application would remain outside of the settlement boundary.

RESOLVED that the Head of Planning and Countryside be authorised to grant planning permission subject to the following conditions:

Conditions

1.      Details of the appearance, landscaping, layout and scale (hereafter called the reserved matters) shall be submitted the Local Planning Authority for approval before the expiration of three years from the date of this permission.

          Reason: To comply with Section 92 of the Town and Country Planning Act 1990 (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

2.      The development to which this permission relates shall be begun not later than two years from the final approval of the reserved matters or, in the case of approval of different dates, the final approval of the last such matter to be approved, whichever is the later.

          Reason: To comply with Section 92 of the Town and Country Planning Act (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004).

3.      The development hereby permitted shall be carried out in accordance with the approved drawing number 1543 03F received on 7th April 2016.

          Reason: For the avoidance of doubt and in the interest of proper planning.

4.      No development shall take place until a schedule of the materials to be used in the construction of the external surfaces of the dwellings and hard surfaced areas hereby permitted has been submitted to and approved in writing by the Local Planning Authority.  This condition shall apply irrespective of any indications as to these matters which have been detailed in the current application.  Samples of the materials shall be made available for inspection on request. Thereafter the development shall be carried out in accordance with the approved materials.

          Reason:   To ensure that the external materials are visually attractive and respond to local character.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies CS 14 and CS 19 of the West Berkshire Core Strategy 2006-2026, and Supplementary Planning Document Quality Design 2006.

5.      No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. The statement shall provide for:

a.    The parking of vehicles of site operatives and visitors;

b.    Loading and unloading of plant and materials;

c.    Storage of plant and materials used in constructing the development;

d.    The erection and maintenance of security hoarding including decorative displays and facilities for public viewing;

e.    Wheel washing facilities;

f.     Measures to control the emission of dust and dirt during construction;

g.    A scheme for recycling/disposing of waste resulting from demolition and construction works.

          Reason: To safeguard the amenity of adjoining land uses and occupiers and in the interests of highway safety. This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies CS 5 and CS 13 of the West Berkshire Core Strategy 2006-2026, Policy TRANS.1 of the West Berkshire District Local Plan Saved Policies 2007.

6.   The detailed layout of the site shall comply with the Local Planning Authority's standards in respect of road and footpath design and vehicle parking and turning provision. This condition shall apply notwithstanding any indications to these matters which have been given in the current application.

          Reason: In the interest of road safety and flow of traffic. This condition is imposed in accordance with the National Planning Policy Framework 2012, Policy CS 13 of the West Berkshire Core Strategy 2006-2026, and Policy TRANS.1 of the West Berkshire District Local Plan Saved Policies 2007.

7.      No development shall take place until details of the proposed access(es) into the site have been submitted to and approved in writing by the Local Planning Authority, including swept path analysis for 11.2 metre refuse collection vehicle. As a first development operation, the vehicular, pedestrian/cycle access and associated engineering operations shall be constructed in accordance with the approved drawing(s).

          Reason: To ensure that the access(es) into the site are constructed before the approved buildings in the interest of road safety. This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies CS 13 and CS 14 of the West Berkshire Core Strategy 2006-2026, and TRANS.1 of the West Berkshire District Local Plan Saved Policies 2007.

8.   No development shall take place until details of the cycle parking and storage space have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the cycle parking and storage has been provided in accordance with the approved details and retained for this purpose at all times.

          Reason: To ensure that there is adequate and safe cycle storage space within the site. This condition is imposed in accordance with the National Planning Policy Framework 2012, Policy CS 13 of the West Berkshire Core Strategy 2012, and TRANS.1 of the West Berkshire District Local Plan Saved Policies 2007.

9.   No development shall take place until details of the provision for the storage of refuse and recycling materials for the dwellings have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until the refuse and recycling facilities have been provided in accordance with the approved details and shall be retained for this purpose thereafter.

          Reason: To ensure that there is adequate and safe refuse/recycling facilities within the site.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies CS 13 and CS 14 of the West Berkshire Core Strategy 2006-2026, and Supplementary Planning Document Quality Design 2006.

10.    No demolition or construction works shall take place outside the following hours:

7:30am to 6:00pm Mondays to Fridays;

8:30am to 1:00pm Saturdays;

nor at any time on Sundays or Bank Holidays.

          Reason: To safeguard the amenities of adjoining land uses and occupiers.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policy CS 14 of the West Berkshire Core Strategy 2006-2026 and Policies OVS.6 of the West Berkshire District Local Plan Saved Policies 2007.

11.    No development shall take place until details of the finished floor levels of the dwellings hereby permitted in relation to the existing and proposed ground levels have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved levels.

          Reason: To ensure a satisfactory relationship between the proposed development and the adjacent land. This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies CS 14 and CS 19 of the West Berkshire Core Strategy 2006-2026, and Supplementary Planning Document: Quality Design 2006.

12.    No development shall take place until details, to include a plan, indicating the means of treatment of the hard surfaced areas of the site, has been submitted to and approved in writing by the Local Planning Authority.  The hard surfacing shall incorporate the use of a porous material.  The hard surfacing shall be completed in accordance with the approved scheme before the dwellings hereby permitted are occupied, or in accordance with a timetable to be submitted and agreed in writing with the Local Planning Authority as part of the details submitted for this condition.  The approved hard surfacing shall thereafter be retained.

          Reason:  In the interests of visual amenity and surface water drainage.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies CS 14 and CS 16 of the West Berkshire Core Strategy 2006-2026, and Supplementary Planning Document Quality Design 2006.

13.    No development shall take place until full details of how all spoil arising from the development will be used and/or disposed have been submitted to and approved in writing by the Local Planning Authority.  These details shall:-

a.    Show where any spoil to remain on the site will be deposited;

b.    Show the resultant ground levels for spoil deposited on the site (compared to existing ground levels);

c.    Include measures to remove all spoil (not to be deposited) from the site;

d.    Include timescales for the depositing/removal of spoil.

          All spoil arising from the development shall be used and/or disposed of in accordance with the approved details.

          Reason: To ensure appropriate disposal of spoil from the development and to ensure that ground levels are not raised in order to protect the character and amenity of the area. This condition is imposed in accordance with the National Planning Policy Framework 2012, Policies CS 14 and CS 19 of the West Berkshire Core Strategy 2006-2026, and Supplementary Planning Document Quality Design 2006.

14.  No development shall take place until details of sustainable drainage measures to manage surface water within the site have been submitted to and approved in writing by the Local Planning Authority. 

          These details shall:-

a.    Incorporate the implementation of Sustainable Drainage methods (SuDS) in accordance with best practice and the proposed national standards;

b.    Include and be informed by a ground investigation survey which establishes the soil characteristics, infiltration rate and groundwater levels;

c.    Include details of how the existing flood plain will be sustained or mitigated (any measures for loss of flood plain shall not increase flood risk elsewhere);

d.    Include a drainage strategy for surface water run-off from the site that ensures that no discharge of surface water from the site will be directed into the public system;

e.    Include attenuation measures to retain rainfall run-off within the site and allow discharge from the site to an existing watercourse at no greater than Greenfield run-off rates;

f.     Include construction drawings, cross-sections and specifications of all proposed SuDS measures within the site;

g.    Include run-off calculations, discharge rates, infiltration and storage capacity calculations for the proposed SuDS measures based on a 1 in 100 year storm +30% for climate change;

h.    Include pre-treatment methods to prevent any pollution or silt entering SuDS features or causing any contamination to the soil or groundwater;

i.     Ensure any permeable paved areas are designed and constructed in accordance with manufacturers guidelines;

j.     Ensure any permeable areas are constructed on a permeable sub-base material such as Type 3 or reduced fines Type 1 material as appropriate;

k.    Include details of how the SuDS measures will be maintained and managed after completion.  These details shall be provided as part of a handover pack for subsequent purchasers and owners of the property/premises;

l.     Include a management and maintenance plan for the lifetime of the development.  This plan shall incorporate arrangements for adoption by an appropriate public body or statutory undertaker, management and maintenance by a residents' management company or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime.

          All sustainable drainage measures shall be implemented in accordance with the approved details before the dwellings hereby permitted are occupied, or in accordance with a timetable to be submitted and agreed in writing with the Local Planning Authority as part of the details submitted for this condition.  The sustainable drainage measures shall be maintained and managed in accordance with the approved details thereafter.

          Reason:   To ensure that surface water will be managed in a sustainable manner. To prevent the increased risk of flooding, improve and protect water quality, habitat and amenity and ensure future maintenance of the surface water drainage system can and is carried out in an appropriate and efficient manner.  This condition is imposed in accordance with the National Planning Policy Framework 2012, Policy CS 16 of the West Berkshire Core Strategy 2006-2026 and Supplementary Planning Document Quality Design - Part 4 Sustainable Design Techniques 2006.