ITEM 6(a)

Application Number: 19/01357/REM

Description Reserved matters application following 15/02337/OUT for internal access, appearance, landscaping, layout, and scale for Phase One (west side) comprising 79 residential units At Land North And West of Wavendon Business Park, Ortensia Drive, Milton Keynes, Wavendon Gate, MK17 8LX For Abbey Development Ltd Statutory Target: 22/08/2019 Extension of Time: No Ward: Wavendon

Parish: Wavendon Parish Council

Report Author/Case Officer: Elizabeth Verdegem Senior Planning Officer Contact Details: 01908 252462 elizabeth.verdegem@milton-keynes.gov.uk Team Manager: Niko Grigoropoulos

Interim Development Management Manager nikolaos.grigoropoulos@milton-keynes.gov.uk

1.0 RECOMMENDATION 1.1 It is recommended that permission is granted subject to conditions set out in this

report and completion of a S106 agreement. 2.0 INTRODUCTION

The Site 2.1 The application site is an approximately 3.26 hectare parcel of land which forms

approximately the western half of the site with outline permission for 134 dwellings under 15/02337/OUT. The small part of the north-eastern section of the site is located within the Strategic Land Allocation (SLA), and the site is identified as part of Housing Allocation HS115 in Plan:MK. The site is mostly woodland, and an extended parking area for the business park to the south.

2.2 The site lies directly to the north of Wavendon Business Park and to the east of Ortensia Drive. Beyond Ortensia Drive to the west is the residential area known as Wavendon Gate. To the north and north-east of the site is land for which residential

development has been approved (ref: 17/03205/OUT to the north and 15/02768/OUT and 17/03283/REM to the north-east). To the east of the site there is the remaining area of the field with outline permission (ref: 15/02337/OUT) in the control of the applicant, beyond which is The Stables music venue. The Stables is an established live music venue with two stages, dining and conference facilities. Events are held daily on the site along with over 400 concerts a year, as well as educational sessions, and it is licenced until 2am. The Proposal

2.3 The application seeks reserved matters approval for 79 houses on the west half of

the site. The proposal includes associated works including car parking, landscaping, including an area on the eastern side of the site for ecological mitigation and drainage features.

2.4 No information regarding noise, either assessment or proposed attenuation, was submitted as part of this application.

2.5 A summary of the proposed accommodation is as follows:

Type of house Number of Units

Number of Market Units

Number of Affordable Units

2-bed flat 33 (41.8%) 9 24

2-bed house 6 (7.6%) 6 -

3-bed house 33 (41.8%) 27 6

4-bed house 6(7.6%) 6 -

5-bed house 1 (1.3%) 1 -

Total 79 dwellings

49 market (62.0%) 30 affordable (38.0%)

Reason for referral to committee

2.6 The application has been referred to committee as a result of a call-in from Cllr

Hopkins.. Scope of debate/decision

2.7 This application proposal is for all the reserved matters (access, appearance,

landscaping, layout, and scale) of Phase 1 (west side) of the site, which has outline permission for up to 134 units under 15/02337/OUT. The proposal should be considered with the knowledge that the site already has reserved matters approval for the whole site of 134 dwellings.

2.8 For clarity, reference to “the site” within this report will refer to the red line application boundary of this western half/Phase 1 application only.

3.0 RELEVANT POLICIES

National Policy

3.1 National Planning Policy Framework (February 2019)

Section 2 - Achieving sustainable development Section 5 - Delivering a sufficient supply of homes Section 8 - Promoting healthy and safe communities Section 9 - Promoting sustainable transport Section 11 - Making effective use of land Section 12 - Achieving well-designed places

In addition, the Planning Practice Guidance is also a material consideration

The Development Plan

3.2 Neighbourhood Plan

Wavendon Parish Council has an agreed neighbourhood plan area. However, there is no draft neighbourhood plan at this time.

3.3 Plan: MK (March 2019) The Council received the Inspector’s final report into Plan: MK and concluded that Plan:MK, as amended by main modifications, is sound and provides an appropriate basis for the planning of the Borough up to 2031. The plan was taken to Cabinet (5 March) and Council (20 March) for approval and adoption. Plan:MK was adopted at Council on 20 March 2019 and now forms part of the statutory development plan for Milton Keynes, and includes the Policies Map that indicates land use in the Borough. Policy DS1 - Settlement Hierarchy Policy DS2 - Housing Strategy Policy SD1 - Place making principles for development Policy SD11 - General principles for strategic urban extension Policy HN1 - Housing mix and density Policy HN2 - Affordable housing Policy HN4 - Amenity, accessibility and adaptability of homes Policy CT1 - Sustainable transport network Policy CT2 - Movement and access Policy CT3 - Walking and cycling Policy CT5 - Public transport Policy CT10 - Parking Provision Policy INF1 - Delivering Infrastructure Policy FR1 - Managing flood risk Policy NE1 - Protection of sites Policy NE2 - Protected species and priority species and habitats Policy NE3 - Biodiversity and geological enhancement Policy NE4 - Green infrastructure

Policy NE5 - Conserving and enhancing landscape character Policy NE6 - Environmental Pollution Policy HE1 - Heritage and development Policy L2 - Protection of open space and existing facilities Policy L4 - Public open space provision in new estates Policy D1 - Design a high quality place Policy D2 - Creating a positive character Policy D3 - Design of buildings Policy D4 - Amenity and street scene Policy SC1 - Sustainable construction

3.4 Supplementary Planning Documents/Guidance

Parking Standards SPD (January 2016) New Residential Development Design Guide (April 2012) Affordable Housing SPD (March 2013) Sustainable Construction Guide SPD (April 2007) Milton Keynes Drainage Strategy - Development and Flood Risk SPG (May 2004)

3.5 Human Rights Act 1998

There may be implications under Article 8 and Article 1 of the First Protocol regarding the right of respect for a person's private and family life and home, and to the peaceful enjoyment of possessions. However, these potential issues are in this case amply covered by consideration of the environmental impact of the application under the policies of the development plan and other relevant policy guidance.

4.0 RELEVANT PLANNING HISTORY

4.1 Relevant Pre-application Advice

None

4.2 Application Site

15/00983/EIASCR Screening opinion request for proposed residential development on land to provide upto 134 Units together with access from Ortensia Drive EIA not required19.05.2015 15/02337/OUT Outline application for up to 134 residential units, 75-100 sqm of A1 (retail use) for the provision of a local convenience store with access from Ortensia Drive and the land north of the site, with associated landscaping, infrastructure and ancillary works PER 08.02.2017 18/01304/REM

Reserved matters application for internal access, appearance, landscaping, layout, and scale for 134 residential units, 100 sqm of A1 (retail use) PER 11.04.2019 18/01305/DISCON Details submitted pursuant to discharge of condition 7 (Archaeological Field Evaluation), 8 (Finished Floor Levels), condition 9 (Flood Risk Assesment), condition 10 (Surface Water Disposal), condition 12 (Storm Water Drainage), condition 13 (Foul Water Drainage), condition 14 (Car and Cycle Parking), condition 15 (Construction Access), condition 19 (Open Space Specification), condition 20 (Landscaping Scheme), condition 21 (Tree Protection), condition 23 (Biodiversity Features), condition 24 (Boundary Treatments), condition 25 (Lighting Scheme), condition 27 (Sustainability Statement) and Condition 28 (Broadband Provision) attached to planning permission 15/02337/OUT. WDN 27.07.2018 18/01631/CONS Design Code application pursuant to outline permission at Land North And West of Wavendon Business Park. PER 13.12.2018 19/01200/DISCON Details submitted pursuant to discharge of condition 24 (Newt Compensation) attached to planning permission 18/01304/REM CDIS 09.05.2019 19/01521/DISCON Details submitted pursuant to discharge of condition 4 (Estate Road Details), condition 5 (Redway), condition 9 (Floor and Ground Levels), condition 17 (Boundary Treatments) and condition 22 (Protected Species Survey) attached to planning permission 18/01304/REM Pending Consideration 19/01559/DISCON Details submitted pursuant to discharge of condition 6 (Phasing Plan), condition 7 (Archaeological Evaluation), condition 8 (Floor Ground Levels), condition 10 (Surface Water Disposal), 12 (Storm Water Drainage) and 13 (Foul Water Drainage), condition 15 (External Works Construction Details), condition 16 (Construction and Delivery Plan) and 29 (Construction Traffic Management Plan & Delivery Plan), condition 19 (Open Space Specification) condition 23 (Open Space & Biodiversity), condition 27 (Sustainability) and condition 28 (Broadband Infrastructure) attached to planning permission 15/02337/OUT Pending Consideration

4.3 Sites to the north 17/03205/OUT Outline planning application (with all matters reserved except access arrangements from Groveway) for residential development (C3) for up to 150 homes, public open

space, sustainable urban drainage, and associated landscaping, infrastructure and ancillary works PER 06.09.2018 15/02768/OUT Outline application for the construction of up to 240 dwellings with garaging; parking; public open space; landscaping; new vehicular and pedestrian accesses; highway works, foul and surface water drainage infrastructure and all ancillary works PER 14.09.2017 17/03283/REM Reserved matters application for the construction of up to 240 dwellings with garaging; parking; public open space; landscaping; new vehicular and pedestrian accesses; highway works, foul and surface water drainage infrastructure and all ancillary works and the discharge of conditions 6 (phasing), 9 (levels), 14 (parking and manoeuvring), 15 (construction and delivery plan), 18 (open space specification), 19 (landscaping scheme), 22 (species survey reports), 23 (boundary treatment), 24 (lighting), 25 (crime prevention), 26 (sustainability), 27 (construction management plan), 30 (landscape and ecological mitigation plan) and 32 (broadband connections) pursuant to outline planning permission 15/02768/OUT. PER 28.02.2018 18/02461/REM Reserved matters application pursuant to outline planning permission 15/02768/OUT for approval of landscaping scheme. PER 04.01.2019 18/03056/REM Reserved matters application for the appearance of 49 plots with associated amendments to prior approved parking; landscaping and boundary treatment plans following grant of planning permission 15/02768/OUT PER 22.03.2019

5.0 CONSULTATIONS AND REPRESENTATIONS

5.1 Wavendon Parish Council Objects to the application, in agreement with Cllr Hopkins.

5.2 Cllr David Hopkins – Danesborough & Walton Refers application to DCC. Considers that granting approval for the western half of the site would leave The Stables with fewer protections than were applied to the full reserved matters application. Requests that the acoustic measures previously agreed, and the Deed of Easement be applied. States that the applicant should have made reference to the existing reserved matters permission, and provided further noise survey work that references The Stables position.

5.3 Cllr Victoria Hopkins – Danesborough & Walton No comments received

5.4 Cllr Alice Jenkins – Danesborough & Walton No comments received

5.5 MKC Urban Design No objection, requests some minor amendments to boundary treatments and amenity space.

5.6 MKC Landscape Architect Requests that levels, tree protection, landscaping plans, boundary treatments and ecology enhancement, and specific Poplar tree works be secured by condition. States that the Local Play Area (in Phase 2) should be secured by condition or legal agreement.

5.7 MKC Landscape Services (Trees) No comments received.

5.8 MKC Highways No comments to make – comments on previous reserved matters application stand.

5.9 MKC Environmental Health No comments to make given the lack of information regarding noise.

5.10 MKC Countryside Officer “States that net gains in biodiversity likely to be achieved, but that this should be supported by a Biodiversity Impact Assessment Metric to show this quantifiably. Requests that a site plan be included in the biodiversity enhancement scheme to show net gain.”

5.11 MKC Countryside Officer (GCN)

Development is acting under a District Licence for Great Crested Newts. Requires submission of the relevant documentation to secure by condition.

5.12 MKC Flood and Water Management (LLFA)

States that design detail of the drainage can be addressed by condition. Would like to see justification for the type of drainage scheme proposed, and the calculations used.

5.13 MKC Archaeology No comments received.

5.14 Anglian Water Considers that dwellings within 15 metres of the pumping station are at risk of nuisance and that there should be no development within 15 metre of the pumping station. No concerns regarding waste water connection that can’t be addressed by the existing conditions on the outline permission. No concerns regsrding surface water drainage.

5.15 Berks, Bucks and Oxon Wildlife Trust Objects on ground og net loss of biodiversity. No metric has been provided and the layout alters from the outline permission. Suggests payment via S106 to compensate for this loss.

5.16 Crime Prevention Design Advisor

No comments received.

5.17 Neighbour/ Third Party Representations

Comments have been received from approximately 850 addresses. A petition has also been received, organised by representatives of The Stables, which is stated to contain approximately 21,000 signatures. The material planning considerations are summarised below:

Concern that building houses in this location will cause complaints from future occupants, which will lead to the closure of The Stables; and

Concern that this application contains no supporting information regarding noise and proposes no suitable noise mitigation, including a deed of easement.

6.0 MAIN ISSUES

Principle of development Highway matters and parking Impact on character of the area Impact on Heritage Assets Design Residential amenity Landscape Ecology Drainage and flood risk Sustainable construction S106 matters

7.0 CONSIDERATIONS

Principle of development 7.1 Under 15/02337/OUT outline consent was granted for up to 134 residential units,

75-100 sqm of A1 (retail use) for the provision of a local convenience store with access from Ortensia Drive and the land north of the site, with associated landscaping, infrastructure and ancillary works. The principle of development at this site has therefore already been established.

Highway matters and parking

7.2 Plan:MK policies CT1 and CT2 require the decision maker to have particular regard

to any additional traffic generation a development may cause and the resulting impact on the surrounding road network/parking provision/access. In addition, the Milton Keynes adopted Parking Standards SPD sets out the development related parking standards for Milton Keynes and should be read in conjunction with these policies.

7.3 Highways Officers have no comments on this proposal, given their comments on the previous reserved matters for the whole site. Comments received at that time, regarding the layout did not require any amendments to junctions on this half of the site. A pre-commencement condition is already applied to the outline approval (condition 15 of 15/02337/OUT) for details of the access (from Ortensia Drive), but it does not clarify that details of the estate road are required. The appropriate condition is therefore to be applied. Vehicle Access, Redway and Pedestrian Links

7.4 The development will take its principal pedestrian and vehicular access from Ortensia Drive as per the approved access drawing under the outline consent. At this junction with Ortensia Drive the pedestrian and Redway access will run north from the approved access and cross Ortensia Drive at a new refuge (as per the approved access drawing), to link in to the existing Redway on the west of Ortensia Drive. A pedestrian link from this junction will run south on the east side of Ortensia Dive to link to the south. All of the above was approved at the outline stage and secured through conditions and the S106 agreement.

7.5 The Redway, as indicated in the outline masterplan, is proposed on the north side of the primary vehicular route through the site, from the junction with Ortensia Drive, to the northern boundary access. On comments from the previous reserved matters application Highways Officers were supportive of the provision of the Redway, although noted that the link through the northern boundary does not currently link to a Redway on the adjacent site to the north, as there is no Redway proposed on that site (permitted under 17/03283/REM), although it does feature separate pedestrian and cycle links from the site to the surrounding roads.

7.6 Highways Officers previously requested further details of the Redway connection with Ortensia Drive, and the construction of the link to the existing Redway within adopted highway land will require the developer to enter into a S278 Highways

Agreement, (as the existing Redway is on the west side of Ortensia Drive). Details of the Redway layout and connections will otherwise be required by condition.

7.7 With these details secured the overall road layout, access and junctions are considered acceptable and compliant with policies CT1, CT2, CT3 of Plan:MK. Parking

7.8 As shown in the table below there is an l overprovision of unallocated parking on the site (9 spaces), although it should be noted that 7 of these spaces are in laybys to the north-east of the site, and are likely to ultimately more directly relate to the Phase 2/eastern development, should it come forward. However, they are shown on the site layout as they relate directly to the access road to the north-east and the proposal complies with Parking Standards even if these spaces are discounted. Cycle parking for the apartments is included within the apartment buildings, and each house includes a garage or shed to provide cycle space. The parking plan for the houses is therefore considered acceptable.

7.9 A summary of the car parking on the site is included below:

Parking Standards Requirement - Zone 3

Provided

House Type

No of units

Allocated Unallocated Allocated Unallocated

Visitor Tandem Visitor Tandem

2-bed flat

33 1 per unit (33 total)

0.75 per unit

(24.75) n/a

125 allocated

spaces across the

site in accordance

with the standards

for each plot

54 visitor spaces across the site

n/a

2-bed house

6 2 per unit (12 total)

0.25 per unit

(1.5) 0.5 per

instance of

tandem parking

(10.5)

12 unallocated spaces provided

across the site

3-bed house

33 2 per unit (66 total)

0.5 per unit

(16.5)

4-bed house

6 2 per unit (12 total)

0.5 per unit (3)

5-bed house

1 2 per unit (2

total)

0.5 per unit

(0.5)

Totals

125 allocated spaces

57 unallocated spaces (46.25 + 10.5)

125 allocated spaces

66 unallocated spaces

Site Total

182 spaces required across the site

191 spaces provided across the site

7.10 Therefore, with conditions imposed as described above, it is considered that the

proposal will comply with Plan:MK polices CT1, CT2 and CT3 in providing accessible travel options and ensuring highway safety, and policy CT10 in complying with the Parking Standards SPD and providing adequate parking for the development.

Impact on character of the area

7.11 Plan:MK policies D1, D2, D3, D5, and HN1, along with the Residential Design

Guide seek high quality design and appropriate density that relates well to the surrounding area, with a high level of residential amenity and aim to design out opportunities for crime. In addition, section 12 of the NPPF and in particular paragraph 127 provides guidance in respect of design considerations for development.

7.12 Design code details have been submitted and approved under planning ref 18/01631/CONS. The Design Code sets the framework for which future reserved matters applications should be implemented. It aims to explain and develop the urban design approach, movement principles, street hierarchies, open space, detailing and security principles to be applied to the detailed designs. The Design Code seeks to control the design of development aspects that are considered necessary to achieve a high quality place, ensuring flexibility within individual parcels whilst a coherent identity across the site is achieved. It is also intended to form a material consideration in the determination of future reserved matters applications by establishing an agreed set of rules to achieve a high quality environment.

7.13 As a large part of the wider outline site sits within the Strategic Land Allocation (SLA) area, which will be a separate neighbourhood from Wavendon and Wavendon Gate, the scheme for this site has been designed to reference the character of the new neighbourhood and not that of the existing neighbourhoods. The Council’s Urban Design Officer is content that this has been proposed on site, and that the scheme complies with the approved Design Code. The case officer agrees.

7.14 The SLA includes a Green Buffer in the Plan:MK proposals map and detailed in Plan:MK policy SD7. The Green Buffer covers the area to the east of the site (the field between the site and the Stables), as well as The Stables and the land north of Wavendon village to maintain separation between the village and the SLA area. The Green Buffer is not affected by this proposal.

7.15 On this basis, it is considered that the proposed style and layout of the development is appropriate within this context. It is therefore concluded that the design of the development would be acceptable and would comply with policies HN1, D1, D2, D3 and the Residential Design Guide.

Impact on Heritage Assets

7.16 The site is to the north-west of Wavendon, which contains five Grade II listed

buildings, and one Grade II* listed building (Church of St Mary). The closet of the listed buildings is over 320 metres to the east of the closest building on the site, with other buildings, including The Stables, and the landscape buffer between them. It is therefore considered that the development will not have any impact on any designated heritage assets. In addition any archaeological investigations have

been covered through conditions on the outline permission. It is therefore considered that the proposal is acceptable in terms of Plan:MK policy HE1.

Design and Layout

7.17 As discussed above in the section on Character of the Area, it is considered that

the development consists of appropriately designed houses, which relate well to the approved adjacent schemes. The Council’s Urban Design Officers are overall content with the proposal. A materials plan has been provided which is considered acceptable and will be secured through the approved plans. The proposal includes landscaped area, quality public realm, legibility through the development and a well-designed layout and it is considered that the proposal therefore complies with Plan:MK policies D1, D2 and D3.

7.18 Some final minor amendments have been requested, including changes to the boundaries of plots 36, 59-60 and 74-75 to improve the public realm. Those changes would not fundamentally change the proposed development, and it considered that these can be dealt with by way of Landscaping and Boundary Treatments conditions.

7.19 The gross density of the site is 24.23 dwellings per hectare (79 dwellings across a 3.26 ha site, taking into account all ancillary development including the open space. The net density of the site is calculated at approximately 42 dwellings per hectare (when not counting the larger landscape buffers). This is considered appropriate given that Plan:MK policy HN1 states that “net densities of proposals for 11 or more new dwellings should balance making efficient use of land with respecting the surrounding character and context” , and an important aim of the NPPF is making an efficient use of land.

7.20 The proposal includes a range and mix of housing types and tenures, including 38.0% affordable units. Policy HN2 of Plan:MK states that proposals for more than 11 homes should provide 31% affordable housing, and 30% affordable was agreed at the outline stage. It is noted that the higher proportion of affordable housing is due this being Phase 1 of the site, and securing the proportionate delivery of the affordable housing is secured through the S106 agreement associated with the outline permission. On balance, the amount of affordable housing provided as part of this scheme is therefore considered acceptable.

7.21 The dwellings range from 2 bed flats to 5 bed houses. 41.8% of the units are 3-bed houses, of which 22.2% of those are affordable units, which reflects the housing market need for both private and affordable units being predominantly for 3-bed homes, (47% of market need is for 3-bed homes, 38% of affordable housing need is for 3-bed homes, according to the latest Milton Keynes Strategic Housing Market Assessment). 20% of the affordable units on site are 3-bed houses, which is lower greater than the need across the borough. However, it is noted that more 3-bed affordable houses were originally included on the eastern part of the site, and as above, the proportionate delivery of affordable housing is secured through the S106 agreement. Overall, it is considered that the mix of homes proposed includes an appropriate variety of type and tenure and is therefore in accordance with Plan:MK

policy HN1 and HN2 which seeks that proposal should incorporate a range of house sizes and types.

Residential amenity

7.22 Plan:MK policy D5 and the guidance in the New Residential Design Guide seek to

ensure that the amenity of existing and future residents will not be compromised, thus reflecting the requirements of Paragraph 17 of the NPPF.

7.23 It is considered that the layout complies with the Residential Design Guide in terms

of separation distances, access to sunlight, and amenity space. The spaces provided for each dwelling also comply with the National Scribed Space Standards and therefore Plan:MK Policy HN4. Public amenity space is distributed appropriately through the site. A LEAP was required on this site and it is proposed that the eastern buffer contains a Locally Equipped Area of Play (LEAP), which will be discussed in the landscape section below, to serve the development and for compliance with policy.

7.24 The development proposal otherwise accords with the requirement of policy D5 and the New Residential Design Guide SPD in terms of distances between dwellings and garden provision. It is therefore considered acceptable. Noise

7.25 Paragraph 182 of the National Planning Policy Framework 2019 states that: “…planning policies and decisions should ensure that new development can be integrated effectively with existing businesses and community facilities (such as places of worship, pubs, music venues and sports clubs). Existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established. Where the operation of an existing business or community facility could have a significant adverse effect on new development (including changes of use) in its vicinity, the applicant (or ‘agent of change’) should be required to provide suitable mitigation before the development has been completed.”

7.26 The Council therefore has a duty to ensure that all appropriate, reasonable and proportionate measures have been taken to safeguard The Stales as the existing music facility. The Stables’ concern is that the impact of noise from their events could have a negative impact on residential amenity, which could lead to noise complaints from future occupiers, and could lead to an impact on The Stables premises licence and ultimately its closure.

7.27 It should be noted that this application is only for dwellings on the west half of the wider site, with the closest houses situated 250 metres to the west of The Stables building. There is therefore existing housing in Wavendon that is closer to The Stables than these proposed houses (approx. 40 houses around Walton Road/Stockwell Lane junction), 17 houses permitted to the south of The Stables (18/01306/REM) and around 40 houses permitted to the north which are within 250 metres of The Stables building, the closest being 150 metres away

(17/03283/REM). There are therefore around 100 houses which are, or will be, closer to The Stables than those proposed as part of this application. None of these existing or proposed houses have any noise mitigation.

7.28 The applicant has provided no noise assessment in support of this application, and suggested no noise mitigation measures to address these concerns. It is therefore not clear what noise impact there would be on future residents of these 79 houses, given that there would only be an open field between them and The Stables building. However, it is clear that if this application were to be permitted and built as submitted, without the eastern half of the site coming forward, there would be none of the noise mitigation that had been previously secured for the site, with just an open field between The Stables and the closest future occupants. In contrast the houses within Wavendon to the south of The Stables, and the permitted houses to the north (17/03283/REM) have trees and mature hedgerow forming some separation between them and The Stables.

7.29 Therefore, given that this proposal could come forward without the eastern half of the site, it is considered appropriate to reapply conditions to require the physical noise mitigation measures on the eastern boundary, on land within the applicant’s control, to secure some acoustic mitigation and avoid the completely open field between the houses and The Stables. The previously approved landform/earthworks and acoustic fence on the eastern boundary will therefore be secured by condition.

7.30 In terms of the other mitigation that was previously secured, the 30 metre buffer zone cannot be repeated as the open field itself is effectively a buffer for this development. It is also not considered appropriate to require the high specification glazing that was previously agreed on the eastern half of the site, on this application. As noted above there are at least 70 other existing or proposed houses that are closer to The Stables without this requirement.

7.31 In addition, it is noted that a condition was applied to the previous reserved matters application for a Deed of Easement, a legal agreement to be applied within the individual covenants for future homeowners to prevent any private noise nuisance complaints against The Stables. It is considered inappropriate to reapply this condition as part of this application for the west half of the site because there are at least 70 other existing or proposed houses that are closer to The Stables which are not subject to this requirement. The noise mitigation secured above, and distance between The Stables and these proposed dwellings are sufficient to not require any further noise mitigation.

7.32 It is therefore considered that an appropriate level of residential amenity will be maintained for the future occupiers of the site, in accordance with Policy D5 of Plan:MK, and that this complies with paragraph 182 of the NPPF in providing suitable mitigation to integrate the new development with the existing music venue.

Landscape

7.33 Collectively, Plan:MK policies D1, D2, D3, D5 and L4 seek to ensure high quality,

well designed places which include planting on streets and in public open spaces.

In accordance with this policy, the applicant has submitted landscaping proposals which show the provision of soft landscape elements within areas of public realm.

7.34 The development site is largely screened from Ortensia Drive to the west, Wavendon Business Park to the south, adjacent housing parcels to the north and The Stables to the east by existing mature trees and hedgerow, the majority of which is proposed to be retained, and in most cases, enhanced on site through further planting. There are some views across the development site from the business park to the south and the neighbouring land to the east and north east. The existing vegetation provides natural screening to the site and filters views into and out of the development.

7.35 Of important consideration is that the SLA identifies the requirement for a Green Buffer to separate the development from Wavendon Village and this should be located, principally along the eastern edge of the outline site. As no development tis located in there as part of this application, this green buffer is not affected by this proposal.

7.36 On site there is a manmade pond located towards the south eastern corner which is occupied by Great Crested Newts (GCN). There are also existing badger setts located towards the north of the site. These larger open areas are proposed to be retained and enhanced from an ecological perspective, as will be discussed below in the Ecology section of the report.

7.37 The Council’s Landscape Architect has noted that the landscaping scheme and boundary treatments plan are acceptable in principle, but will require some small amendments, and therefore requests that these are secured to be approved by condition. Conditions are also requested for tree protection conditions to ensure the protection of the retained trees.

7.38 It is also noted that development of this size (79 dwellings) would require a Locally Equipped Area of Play (LEAP) which is not included in this layout. Although the Landscape Architect is content to note that it will likely come forward as part of the Phase 2 permission, its delivery needs to be secured as part of this proposal. It is therefore appropriate to require the applicant to provide the LEAP, in accordance with the timescales originally applied, on the land to the east of the site, as this is land within the applicant’s control, and this will be secured by condition.

7.39 On this basis of the above considerations and with these conditions secured, it is considered that the proposed development will provide an acceptable landscape scheme that complies with policies D1 and L4 of Plan: MK.

Ecology

7.40 The application site contains a number of trees and protected species including

badger setts and GCN, and is supported by a number of assessment and appraisals in support of the preliminary work conducted at the outline stage of the application.

7.41 A Tree Protection Plan has been provided and the applicant will be required to adhere to the plan and the associated Root Protection Arrangements for existing trees on the site. There are no trees with Tree Preservation Orders on the site, although there is a veteran Poplar Tree within the north-eastern group of trees. The applicant’s Arboricultural Assessment has identified that the tree is a large mature specimen, but with failing branches, requiring removal. During the previous reserved matters application the applicant’s consultant had suggested that the location and potential ecological benefits of retaining the tree warranted reducing the crown, but retaining the tree for habitat purposes, while reducing the risk of falling branches. This approach was supported by the Countryside Officer and was secured by condition via a letter indicating the approach. This letter has not been provided as part of this submission, so will be secured by differently worded condition (requiring the details of the works to this specific tree to be submitted and approved), to achieve the same outcome.

7.42 The applicant has chosen to enter into the GCN District Licensing Scheme as a result of the potential for harm to GCN on the site, which will mitigate the impact as a result of the development in addition to the retention of the pond. The documents verifying this approach were not submitted as part of this application, and have been requested by the Council’s Countryside Officer, and will be secured by condition. In addition, a buffer zone has been established on the north of the site to accommodate the badger setts, and avoid any development in those areas. The approach to protected species is supported by the Countryside Officer.

7.43 General ecological enhancement is required via a Biodiversity Enhancement Strategy, required by condition to the outline permission (condition 23 of 15/02337/OUT). This has been submitted under 19/01559/DISCON, but has not been approved at the time of writing this report.

7.44 With the above assessments, methods of working and enhancements proposed and secured by conditions it is considered that the proposal comprises a suitable avoidance, enhancement and mitigation strategy to be in compliance with Plan:MK polices NE2 and NE3, and a resulting net gain in biodiversity as required by the NPPF.

Drainage and flood risk

7.45 Pre-commencement conditions for details of surface water drainage, as well as

storm water and foul water drainage are already secured through the outline permission (condition 10, 12, and 13 of 15/02337/OUT) and it is therefore considered unnecessary to apply a condition for a drainage scheme to this proposal.

7.46 On this basis the proposal complies with policies FR1 and FR2 of the Plan: MK in that risk of flooding will not be increased on or off site and that an adequate drainage system and method of surface water disposal will be provided.

Sustainable construction 7.47 The applicant has provided a Sustainability Statement to comply with the

requirements of Plan:MK policy SC1. The Statement indicates the energy efficiencies which have been included in the design of the buildings, and the location for the installation of photovoltaic panels. A carbon offsetting contribution was also included with the S106 Agreement associated with the outline application. It is therefore considered that the proposal meets the requirement of policy SC1 and is acceptable.

S106 matters

7.48 The outline site specific s106 covers subsequent detail and amendment

applications and therefore this application would fall under the original s106 and no further s106 or variation is required. These contributions met the tests for obligations as outlined at paragraph 204 of the NPPF and are in accordance with CIL Regulations 122 and 123.

Other matters

7.49 Conditions on the outline permission required submission during the reserved

matters phases of lighting plans, confirmation of measures to meet Secure by Design principles and infrastructure for superfast broadband. These details have not been submitted with the reserved matters application, and therefore these conditions are replicated for approval of details as part of this permission.

8.0 CONCLUSIONS 8.1 It is considered by officers that the proposal represents an acceptable scheme

which balances the needs of the future occupiers and the existing adjacent land occupiers, as well as mitigating for the impact and enhancing the character, landscape and ecology of the area.

8.2 The proposed development responds to the outline planning permission, local and national policy and it is therefore recommended that planning permission is granted subject to the conditions set out below.

9.0 CONDITIONS

Outline Permission 1. Nothing herein contained shall be deemed to affect or vary the conditions imposed

on outline planning permission ref. 15/02337/OUT, dated: 8th February 2017, which shall continue in full force and effect.

Reason: For the avoidance of doubt.

Expiration Date

2. The development hereby permitted shall begin before the expiration of two years from the date of this permission.

Reason: To prevent the accumulation of planning permissions; to enable the Local Planning Authority to review the suitability of the development in the light of altered circumstances; and to comply with section 91 of the Town and Country Planning Act 1990.

Estate Roads Details

3. Prior to the commencement of the development hereby permitted details of the access road, estate roads and footways shall be submitted to, and approved in writing by, the Local Planning Authority. No dwelling shall be occupied until the estate roads and footways which provide access to it from the existing highway have been laid out and constructed in accordance with the approved details. The estate road and footways so laid out shall be retained thereafter.

Reason: To minimise danger, obstruction and inconvenience to users of the highway and of the development in accordance with policies CT1 and CT2 of Plan:MK (2019).

Details of the Redway

4. Prior to the commencement of the development details of the proposed Redway connection from and through the development to the existing Redway on Ortensia Drive shall be submitted to, and be approved in writing by, the Local Planning Authority. The details shall include the section of Redway within the site that shall be maintained at 3m wide and the refuge / crossing on Ortensia Drive. No dwelling shall be occupied until the Redway and crossing have laid out and constructed in accordance with the approved details.

Reason: To minimise danger, obstruction and inconvenience to users of the highway and of the development in accordance with policies CT1 and CT2 of Plan:MK (2019).

Cycle Parking – Apartment Provision

5. Prior to the first occupation of the apartments hereby permitted the proposed bicycle parking for the apartments, as shown on the approved drawings, shall be provided and shall be retained thereafter.

Reason: To ensure that adequate cycle parking facilities are provided to serve the development in accordance with policies CT10 of Plan:MK (2019) and the Parking Standards SPD.

Parking Spaces Implementation

6. No dwelling or building hereby permitted shall be occupied until the parking spaces, shown on the approved site layout, serving that dwelling or building have been laid out and surfaced in accordance with the plans hereby approved. The parking spaces shall be retained thereafter and only be used for the parking of vehicles.

Reason: To ensure that sufficient parking is provided to meet the needs of the development in accordance with policies CT10 of Plan:MK (2019) and the Parking Standards SPD.

Floor and Ground Levels 7. Notwithstanding the approved plans, no development shall take place until details

of the proposed finished floor levels of all buildings and the finished ground levels of the site, in relation to existing site levels of surrounding property, have been submitted to, and approved in writing by, the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved levels.

Reason: To ensure that construction is carried out at suitable levels having regard to drainage, access, the appearance of the development, the connections with the surrounding sites and the amenities of neighbouring properties in accordance with policy D1 of Plan:MK (2019).

Acoustic Fence

8. Prior to the first occupation of the development hereby permitted a scheme for the installation of an acoustic fence, on the eastern part of the land within the applicant’s control, adjacent to the boundary with The Stables, shall be submitted to, and approved in writing by, the Local Planning Authority. The scheme shall include specification details of the acoustic fence, including exact position, height, colour, materials and details of construction, and shall show how the fence has been integrated into the landscaping. The fence shall be installed prior to the first occupation of the development, and shall be maintained on site in perpetuity thereafter. Reason: To safeguard the residential amenity of future residents from operational noise at The Stables in accordance with policy D1 and D5 of Plan:MK (2019).

Landscape Details

9. Notwithstanding the approved plans, no development shall take place above slab level until a detailed Hard and Soft Landscape Scheme has been submitted to, and approved in writing by, the Local Planning Authority.

These details shall include existing trees and/or hedgerows to be retained and/or removed accurately shown with root protection areas; existing and proposed finished levels or contours; means of enclosure; visibility splays; areas of hard surfacing materials; proximity between street lights and tree planting; pedestrian access and circulation areas; play equipment, bins etc.; proposed and existing functional services above and below ground (e.g. drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); planting plans at a minimum scale of 1:200 with schedules of plants noting species, plant supply sizes and proposed densities; written specifications (including cultivation and other operations associated with tree, plant and grass establishment); and the implementation programme.

Development shall be carried out in accordance with the approved details and implementation programme. If within a period of two years from the date of the planting of any tree or shrub, that tree or shrub, or any tree and shrub planted in replacement for it, is removed, uprooted or destroyed, dies, becomes severely damaged or diseased, shall be replaced in the next planting season with trees and shrubs of equivalent size, species and quantity. Thereafter all landscaped open

space and public amenity areas, other than privately owned domestic gardens shall be maintained and retained on site in perpetuity. Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance with policy D1 of Plan:MK (2019).

Boundary Treatments

10. Notwithstanding the approved plans, no development shall take place above slab level until details of the proposed boundary treatments have been submitted to, and approved in writing by, the Local Planning Authority. The details shall include a boundary treatment plan (at a minimum scale of 1:500) detailing the position of all proposed boundary treatment and annotated or accompanied by a schedule specifying the type, height, composition, appearance and installation method of boundary treatment throughout the site.

The development shall be carried out in accordance with the approved details prior to the occupation of each dwelling to which the boundary treatment relates, and shall thereafter be retained in that form.

For the avoidance of doubt, this condition supersedes condition 18 of the outline permission 16/02106/OUT.

Reason: To provide adequate privacy, to protect the external character and appearance of the area and to minimise the effect of development on the area in accordance with policy D1 of Plan:MK (2019). Tree Protection

11. Prior to the commencement of the development hereby permitted all existing trees to be retained are to be protected according to the provisions of the approved tree protection details in accordance with BS 5837:2012 Trees in relation to design, demolition and construction. All protective measures especially the fencing must be put in place first, prior to any other work commencing on site. The fencing shall be of the same specification and ground protection as that depicted in BS 5837:2012. Signs informing of the purpose of the fencing and warning of the penalties against destruction or damage to the trees and their root zones shall be installed at minimum intervals of 10 metres and a minimum of two signs per separate stretch of fencing. The Root Protection Area (RPA) within the protective fencing must be kept free of all construction, construction plant, machinery, personnel, digging and scraping, water-logging; changes in level, building materials and all other operations, personnel, structures, tools, storage and materials, for the duration of the construction phase. No fire shall be lit such that it is closer than 20 metres to any tree or that flames would come within 5 metres of any part of any tree.

Reason: To ensure adequate protection of existing trees either on the site or adjacent to the site boundary throughout the construction process in accordance with policies D1, NE2 and NE3 of Plan:MK (2019).

Poplar Tree 12. The Poplar tree identified as T6 in the submitted Tree Protection Plan shall be

reduced, but retained on site in accordance with the Arboricultural Impact Assessment & Method Statement by ACD Environmental dated: 21st May 2019 (received 23rd May 2019).

Reason: In order to maintain priority habitats on site and ensure a net gain in biodiversity in balance with ensuring site safety for future residents in accordance with policies D1, NE2 and NE3 of Plan:MK (2019). Eastern Buffer Details

13. Notwithstanding the approved plans, no development shall take place above slab level until details of the proposed raised land form and earthwork details on the eastern part of the land within the applicant’s control, adjacent to the boundary with The Stables, have been submitted to, and approved in writing by, the Local Planning Authority. The scheme shall include levels, landscaping plans, and include plans and cross-sections that show that the natural style local play area can be accommodated in this area.

The approved scheme shall be constructed and implemented on site prior to the first occupation of the development, and maintained on site thereafter. Reason: To ensure appropriate mitigation has been provided in this area and that the scheme can provide the natural play area as required by policy, therefore ensuring compliance with policies D1 and D5 of Plan:MK (2019).

Local Play Area Details

14. Prior to the implementation and construction of the raised land form and earthworks on the eastern part of the land within the applicant’s control, adjacent to the boundary with The Stables, a detailed scheme for a Local Play Area, in a “natural style”, which integrates with landform contouring, the proposed landscaped buffer and avoids root protection areas of retained trees and hedgerows shall be submitted to and approved in writing by the Local Planning Authority.

Details shall include:

details of the type and location of play/recreation equipment, seating and associated structures to be situated within the play area(s);

details of the surface treatment; and

details of the long-term management and maintenance arrangements of the play area(s).

The approved scheme shall be constructed in accordance with the approved details and completed prior to the first occupation of the development, and maintained on site thereafter. The site for the local play area shall not be used for any purpose other than as a play area.

Reason: To ensure that a natural-style play area is provided and that the scheme complies with policy D1 and L4 of Plan:MK (2019).

Protected Species Surveys 15. Within the three months prior to the commencement of the development the site

shall be visited by a suitably qualified ecologist to review badger interest, and provide an updated review on the impact of badgers and their habitats. Prior to the commencement of the development the above review shall be submitted to, and approved in writing by, the Local Planning Authority.

Reason: To preserve habitats and protect species and to minimise the effect of development on the area in accordance and to reduce the impact on the Open Countryside and surrounding residents from light spill in accordance with policy NE2 and D5 of Plan:MK (2019)..

Great Crested Newts Condition 1

16. The development must be delivered in accordance with the terms and conditions of Milton Keynes Council’s organisational licence (WML-OR25) and with the proposals detailed on plan ‘Impacts Plan 3, dated Oct 2018’.

Reason: In order to ensure that adverse impacts on great crested newts are adequately mitigated and to ensure that site works are delivered in full compliance with the organisational licence WML-OR25, and in accordance with policy NE2 of Plan:MK (2019).

Great Crested Newts Condition 2

17. No development (including ground investigations, site preparatory works and ground clearance) can take place until a certificate from the Delivery Partner (as set out in the District Licence WML-OR25), confirming that all necessary measures in regard to great crested newt compensation have been appropriately dealt with, has been submitted to and approved by the local planning authority and the local authority has provided authorisation for the development to proceed under the district newt licence.

The Delivery Partner certificate must be submitted to this planning authority for approval prior to the commencement of the development (any on-site works which may impact on great crested newts or their habitat) hereby approved.

Reason: In order to adequately compensate for negative impacts to great crested newts in accordance with policy NE2 of Plan:MK (2019).

Great Crested Newts Condition 3

18. All site works (including ground investigations, site preparatory works, ground clearance etc.) must be carried out in accordance with best practice guidance (GCN Mitigation Principles, as set out in the District Licence WML-OR25) and using reasonable avoidance measures. In addition:

Works which will affect likely newt hibernacula may only be undertaken during the active period for amphibians.

Capture methods must be used at suitable habitat features prior to ground clearance or removal of such features (i.e. hand/destructive/night searches), which may include the use of temporary amphibian fencing, to prevent newts moving onto a development site from adjacent suitable habitat, installed for the

period of the development (and removed upon completion of the development).

Amphibian fencing and pitfall trapping must be undertaken at suitable habitats and features, prior to commencement of works.

Reason: In order to adequately mitigate impacts on great crested newts with policy NE2 of Plan:MK (2019).

Lighting Scheme 19. No development shall take place above slab level until a lighting scheme for all

public and private areas, footpaths and parking areas has been submitted to, and approved in writing by, the Local Planning Authority. The lighting scheme shall include details of the lights proposed, a lux plan showing maximum, minimum, average and uniformity levels, details of means of electricity supply to each light and how the lights will be managed and maintained in the future. If any lighting is required within the vicinity of current or built-in bat features, it shall be low level with baffles to direct the light away from the boxes and units, thus preventing severance of bat commuting and foraging routes. The approved scheme for each phase or part shall be implemented prior to the first use of that phase or part.

Reason: To preserve habitats and protect species and to minimise the effect of

development on the area and to reduce the impact on the Open Countryside and surrounding residents from light spill in accordance with policies D5 and NE2 of Plan:MK (2019). .

Soft Landscape Management and Maintenance Plan

20. Prior to the first occupation of the development hereby permitted a Soft Landscape Management and Maintenance Plan shall be submitted to, and approved in writing by, the Local Planning Authority. The plan shall be for a minimum period of 5 years, and shall include a detailed plan of the landscape features requiring management and maintenance (including biodiversity enhancement measures), a statement of long term design objectives, management responsibilities and a schedule of landscape maintenance with details of the arrangements for its implementation for all landscaped open space and public amenity areas, other than privately owned domestic gardens. The landscape management plan shall be carried out in full accordance with the approved details. Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance policies D1, NE2 and NE3 of Plan:MK (2019). Secure by Design

21. The development hereby permitted shall be constructed in accordance with Secured by Design principles and each dwelling shall achieve Secured by Design accreditation (as awarded by Thames Valley Police) prior to the occupation of that dwelling. Reason: In the interests of reducing crime and disorder in accordance policy EH7 of Plan:MK (2019). .

Superfast Broadband Infrastructure

22. Prior to the commencement of the development above slab level details of how superfast broadband infrastructures will be delivered to every household, subject to network capacity being available, shall be submitted to, and approved in writing by, the Local Planning Authority. The agreed superfast broadband infrastructures shall be installed prior to the first occupation of each associated dwelling within that phase or part of the development.

Reason: To ensure that residents have access to high quality telecommunications and ICT networks in accordance policies EH7 and CT9 of Plan:MK (2019).

Sustainability Statement

23. The development hereby approved shall be carried out in accordance with the proposals within the submitted ‘Sustainability Statement’ dated: 18 May 2018.

Reason: To reduce the resource consumption of the development in accordance with policy SC1 of Plan:MK (2019).

A1.0 FULL CONSULTATIONS AND REPRESENTATIONS

5.18 Wavendon Parish Council “I have been requested to write to you on behalf of my Parish Council concerning the above mentioned planning application following discussion at our Parish Council meeting held on the 17th June 2019. The letter to Milton Keynes Council dated 12th June from our Ward Councillor, David Hopkins was discussed and I can confirm that Wavendon Parish Council agrees totally with the comments and request that actions are taken to satisfactory resolved the issues raised, before this planning application is approved. The value and viability of the Staples Theatre cannot be undermined and as a Parish Council we urge that this situation is resolved as quickly as possible.”

5.19 Cllr David Hopkins – Danesborough & Walton “I request that as ward councillor for the Danesborough & Walton ward (in which this application sits) this matter comes before Development Control committee for consideration “The application raises two significant planning issues. Firstly, the approval of reserved matters for the western half of the site only would mean that the acoustic measures (e.g. landscape buffers) approved under the first reserved matters application would not need to be undertaken if the western half only were built out. The applicant has not provided any updated noise evidence to explain the noise impact on the occupiers of the ‘western half’ dwellings in the absence of these measures. This is not acceptable and the LPA should not be granting approval for the application without this information. In addition, a condition requiring the acoustic measures already authorised under the first reserved matters approval to be carried out in full prior to first occupation of any of the ‘western half dwellings’ should be imposed on any grant of this latest application. Secondly it is disappointing that the applicant has not made any reference in this latest application to the deed of easement of noise which the Committee firmly decided should be imposed on the first reserved matters application. The condition was imposed for necessary planning control purposes and relates to “the entire development in perpetuity”. The reason given for the imposition of the condition was to “safeguard the continued operation of the Stables… and to protect the residential ament of future residents from operational noise at the Stables”. Nothing has changed in planning terms since the first reserved matters were approved. The planning condition was lawfully imposed and its scope and purpose is clear. I am confident that Members will be concerned to ensure that no approval is granted which in any way undermined the need to protect the Stables. For that reason, I would expect and request that if the Development Control were to recommend approval for this application, a deed of easement pre-commencement condition is imposed in the same terms as under the first approval.

As a separate point, I set out in greater detail why I am requesting that the application is determined by the Committee. It is a matter of significant concern, particularly given that approval for essentially the same scheme was granted only a matter of a few weeks ago. The application has necessitated the Stables remobilising just when it had though this matter was settled. Thousands of people have now signed a petition objecting to the application and many have submitted objections directly to Milton Keynes Council planning team. The Council needs to take a firm stand on this matter and show that when it makes a decision, it will stand by it. That is the message which I will be delivering to Members and which I trust that Members will endorse. For the same reason, and in order to avoid more time and resources being spent on this application, it would be helpful if Milton Keynes Council planning team could now confirm that it will requiring such a deed of easement for this application. The sooner the council’s position can be confirmed, the better for everyone.”

5.20 Cllr Victoria Hopkins – Danesborough & Walton No comments received

5.21 Cllr Alice Jenkins – Danesborough & Walton No comments received

5.22 MKC Urban Design “In general, I consider that the proposal accords with Plan:MK design policies. However, the following areas detailed below should be addressed:

Apartments on plots 1-9, 10-18 should have building entrances onto the street as well as to the parking area.

Boundary treatments to the street/public realm should be brick walls.

Amenity space to apartment blocks should provide private usable communal space for the residents of the apartment blocks.

Plots 1-9, 10-18 – these apartment blocks should have an entrance onto the street as well as to the parking area.

Boundary treatments to the street and public realm should generally be brick walls. Plot 36, the rear boundary of plots 74-75 & the rear boundaries of plots 59-60 should be brick walls.

Paras 4.13.5-4.13.14 of the Residential Design Guide sets out the requirements for private amenity space in flatted developments.

Whilst there is amenity space around the various apartment blocks, none of it appears to be private. The detailed treatment of these areas should provide usable communal private space for the residents of the apartment blocks.”

5.23 MKC Landscape Architect

“The layout albeit phase 1 only has been approved under 18/01304/REM and is therefore acceptable subject to approval of details by conditions. Previous consent

18/01304/REM attached conditions which should equally apply to this application. There is a risk that the layout may require amendment to agree the access road, estate roads and footways, matters relating to apartment access and communal amenity space raised by my urban design colleagues, etc. which will then need to be updated in planting plans, boundary treatments, tree protection and ecology enhancement plans. Therefore I request that the conditions below are attached should consent be granted in addition to the conditions imposed on outline planning permission 15/02337/OUT. In addition a development of this size (over 50 dwellings) requires a local play area by policy. However I note that this is phase 1 of the larger development approved under 18/01304/REM. It doesn’t propose to alter the consented layout shown as Phase 1 and future phase 2 is stated on the plans. Therefore I am satisfied that a local play area can be secured as part of the future phase but it needs to secured through a suitably worded condition and legal undertaking to ensure it is delivered early on in phase 2. Preferably the play area should be completed on site prior to the completion or occupation of the first house in phase 2 whichever comes first. Poplar Tree (to be amended) An amended poplar tree condition is needed. I note the Poplar Tree condition attached to the previous RM consent made reference in it to a letter from ACD Environmental dated: 28th January 2019 (attached to my email). The letter is not included in this submission and clarity should be sought if the intention is still to retain the trunk. I am concerned that the submitted arboricultural impact assessment and method statement still refers to removal of T6. The arb method statement should be updated to reflect that work will be carried to this tree to retain it albeit for ecology reasons. This document should be accurate, up to date and relied upon or there is a risk that the tree may be removed together unintentionally if the tree surgeon relies only on this report. Floor and Ground Levels (wording amended) Notwithstanding the approved plans development shall take place until details of the proposed finished floor levels of all buildings and the finished ground levels of the site, in relation to existing site levels of surrounding property, have been submitted to, and approved in writing by, the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved levels. Reason: To ensure that construction is carried out at suitable levels having regard to drainage, access, the appearance of the development, the connections with the surrounding sites and the amenities of neighbouring properties in accordance with policy D1 of Plan:MK (2019). Landscape Details (wording amended to include timescale, retention/maintenance of open space etc.) Notwithstanding the approved plans, no development shall take place above slab level until a detailed Hard and Soft Landscape Scheme has been submitted to, and approved in writing by, the Local Planning Authority. These details shall include existing trees and/or hedgerows to be retained and/or removed accurately shown with root protection areas; existing and proposed finished levels or contours; means of enclosure; visibility splays; areas of hard surfacing materials; proximity between street lights and tree planting; proposed and existing functional services above and

below ground (e.g. drainage, power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); planting plans at a minimum scale of 1:200 with schedules of plants noting species, plant supply sizes and proposed densities. All hard and soft landscape works shall be carried out in accordance with the approved details and prior to the first occupation of the building(s) or the completion of the development whichever is the sooner, or in accordance with a programme agreed in writing with the Local Planning Authority. If within a period of two years from the date of the planting of any tree or shrub, that tree or shrub, or any tree and shrub planted in replacement for it, is removed, uprooted or destroyed, dies, becomes severely damaged or diseased, shall be replaced in the next planting season with trees and shrubs of equivalent size, species and quantity. Thereafter all landscaped open space and public amenity areas, other than privately owned domestic gardens shall be maintained and retained in situ. Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance with policy D1 of Plan:MK (2019). Boundary Treatments Notwithstanding the approved plans, no development shall take place above slab level until details of the proposed boundary treatments have been submitted to, and approved in writing by, the Local Planning Authority. The details shall include a boundary treatment plan (at a minimum scale of 1:500) detailing the position of all proposed boundary treatment and annotated or accompanied by a schedule specifying the type, height, composition, appearance and installation method of boundary treatment throughout the site. The development shall be carried out in accordance with the approved details prior to the occupation of each dwelling to which the boundary treatment relates, and shall thereafter be retained in that form. For the avoidance of doubt, this condition supersedes condition 18 of the outline permission 16/02106/OUT. Reason: To provide adequate privacy, to protect the external character and appearance of the area and to minimise the effect of development on the area in accordance with policy D1 of Plan:MK (2019). Tree Protection Prior to the commencement of the development hereby permitted all existing trees to be retained are to be protected according to the provisions of the approved tree protection details in accordance with BS 5837:2012 Trees in relation to design, demolition and construction. All protective measures especially the fencing must be put in place first, prior to any other work commencing on site. The fencing shall be of the same specification and ground protection as that depicted in BS 5837:2012. Signs informing of the purpose of the fencing and warning of the penalties against destruction or damage to the trees and their root zones shall be installed at minimum intervals of 10 metres and a minimum of two signs per separate stretch of fencing. The Root Protection Area (RPA) within the protective fencing must be kept free of all construction, construction plant, machinery, personnel, digging and scraping, water-logging; changes in level, building materials and all other operations, personnel, structures, tools, storage and materials, for the duration of the construction phase. No fire shall be lit such that it is closer than 20 metres to any tree or that flames would come within 5 metres of any part of any tree.

Reason: To ensure adequate protection of existing trees either on the site or adjacent to the site boundary throughout the construction process in accordance with policies D1, NE2 and NE3 of Plan:MK (2019). Soft Landscape Management and Maintenance Plan (may need to be amended to secure maintenance for the lifetime of the development) Prior to the first occupation of the development hereby permitted a Soft Landscape Management and Maintenance Plan shall be submitted to, and approved in writing by, the Local Planning Authority. The plan shall be for a minimum period of 5 years, and shall include a detailed plan of the landscape features requiring management and maintenance (including biodiversity enhancement measures), a statement of long term design objectives, management responsibilities and a schedule of landscape maintenance with details of the arrangements for its implementation for all landscaped open space and public amenity areas, other than privately owned domestic gardens. Thereafter landscape management plan shall be carried out in full accordance with the approved details. Reason: To protect significant trees and hedgerows, safeguarding the character of the area and preserving habitat and to minimise the effect of development on the area in accordance policies D1, NE2 and NE3 of Plan:MK (2019). No objection subject to conditions to agree details plus a suitably worded condition and legal undertaking to secure and deliver a local play area early on in phase 2. See detailed comments above.”

5.24 MKC Landscape Services (Trees) No comments received.

5.25 MKC Highways No comments to make – comments on previous reserved matters application stand.

5.26 MKC Environmental Health “I’ve reviewed the plans and supporting documents submitted with this application and cannot find a noise assessment or any reference to noise. Therefore I am unable to provide a more detailed consultation response as the application contains insufficient information.”

5.27 MKC Countryside Officer “- Development proposals must demonstrate measureable net gain of biodiversity units. - Net gain must be secured through a specified biodiversity enhancement scheme. Biodiversity Net Gain

The Biodiversity Enhancement Scheme (BES) completed by ACD Environmental as part of 18/01304/REM (pursuant to condition 23 of 15/02337/OUT) was accepted by the LPA. Given the nature of this current submission it is expected and has been confirmed by ACD Environmental that relevant aspects of the BES within the current development parcel in question will be delivered. However, there is information required under current local policy that is absent from both 19/01357/REM and 18/01304/REM. Under policy NE3, developments of this scale are required to submit a Biodiversity Impact Assessment Metric demonstrating that a net gain in biodiversity units will be achieved through development. The current LPA approved iteration of this metric is the Warwickshire CC Ver. 19.1 metric. The measures taken to achieve net gains for biodiversity should following the mitigation hierarchy, with due regard for relevant protected species. All reasonable efforts to secure net gain through habitat enhancement, creation and management on site should be made. Given the plans put forward by ACD Environmental, this should be readily achievable. Onsite enhancements and habitat creation should benefit any protected/priority species/habitats identified on site, this is reflected in the scheme put forward by ACD Environmental. The BES needs to be supported by mapping showing the specifications, locations and ongoing maintenance of given features. Protected or Priority Species and Habitats. Measures put forward to safeguard protected or priority wildlife/habitats on site are acceptable. A Badger Mitigation Strategy and Great Crested Newt District Licencing are in place. Proposals to monolith the Poplar and retain as standing deadwood is a justified compromise between health & safety and biodiversity value. Prior to determination the applicant will be required to submit for approval: - A BIA using the Warwickshire CC Ver. 19.1 Metric demonstrating net gain for biodiversity. - A site plan supporting the BES to be delivered showing locations, specifications and maintenance of features to be created/enhanced to secure Net Gain. Delivery of the BES should be secured through appropriate conditioning when this application is suitably ready to be determined.”

5.28 MKC Countryside Officer (GCN) “Development proposals have probable likelihood of impacting Great Crested Newts. The development site is currently acting under Milton Keynes Council’s District Licence for Great Crested Newts.

Information demonstrating that Great Crested Newts Impacts have been appropriately considered and mitigated needs submitting to the LPA. The wider development site at Wavendon Business Park was granted authorisation to act under Milton Keynes Council’s District Licence (WML-OR25) as part of application 18/01304/REM in April 2019. However, the information needed to demonstrate this has taken place and thus impacts to GCN appropriately mitigated is missing from the current application (19/01357/REM). The applicant must submit the documents listed below so they may be added to the planning portal. The applicant must submit the following documents to demonstrate that impacts on Great Crested Newts have been appropriately considered and mitigated: - “Impacts Plan 3, dated Oct 2018”. - “Authority to act under the Great Crested Newt District Licence WML-OR25 granted by Natural England to Milton Keynes Council” dated 23rd April 2019. - Naturespace Certificate ref: NSP024MKC dated 23rd April 2019. - Naturespace Report dated 23rd November 2018.”

5.29 MKC Flood and Water Management (LLFA) “I have reviewed the drainage plan for this site. The detailed designed of this can be addressed by condition. However, can the developer to provide a justification for the proposed use of SuDs (i.e. the use of underground storage crates, PlanMK recommends the use of above ground SuDs). The only method for the use of SuDs proposed on this Phase is the use of underground storage tanks. It’s unclear why more sustainable proposals have not been sought ? The impermeable are used to size the storage tanks is unclear as no drainage calculations have been attached to this application. I have reviewed the calculations for planning application no.: 19/01050/DISCON it’s unclear if these calculations apply to the whole site or part of the site. In relation to the reconnections of the watercourses within the badger exclusion zone, the LLFA have no objection to this provided it is acceptable to the ecology team.”

5.30 MKC Archaeology No comments received.

5.31 Anglian Water “Section 1 - Assets Affected Our records show that there are no assets owned by Anglian Water or those subject to an adoption agreement within the development site boundary.

The development site is within 15 metres of a sewage pumping station. This asset requires access for maintenance and will have sewerage infrastructure leading to it. For practical reasons therefore it cannot be easily relocated. Anglian Water consider that dwellings located within 15 metres of the pumping station would place them at risk of nuisance in the form of noise, odour or the general disruption from maintenance work caused by the normal operation of the pumping station. The site layout should take this into account and accommodate this infrastructure type through a necessary cordon sanitaire, through public space or highway infrastructure to ensure that no development within 15 metres from the boundary of a sewage pumping station if the development is potentially sensitive to noise or other disturbance or to ensure future amenity issues are not created. Section 2 - Wastewater Treatment The foul drainage from this development is in the catchment of Cotton Valley Water Recycling Centre that will have available capacity for these flows Section 3 - Used Water Network We have reviewed the applicant’s submitted foul drainage information ref drawing: E19-033-101 and consider that the impacts on the public foul sewerage network have been adequately addressed at this stage. We would require details of the pump discharge rate to be able to recommend the discharge of condition. We request that we are consulted on any forthcoming application to discharge Condition 13 of the outline planning application 15/02337/OUT to which this Reserved Matters application relates, which requires the submission and approval of detailed foul drainage information. Section 4 - Surface Water Disposal The preferred method of surface water disposal would be to a sustainable drainage system (SuDS) with connection to sewer seen as the last option. Building Regulations (part H) on Drainage and Waste Disposal for England includes a surface water drainage hierarchy, with infiltration on site as the preferred disposal option, followed by discharge to watercourse and then connection to a sewer. We have reviewed the applicants submitted surface water drainage information ref drawing: E19-033-101 and the proposed method of surface water management does not relate to Anglian Waters operated assets. As such, we are unable to provide comments on the suitability of the surface water management. The Local Planning Authority should seek the advice of the Lead Local Flood Authority or the Internal Drainage Board. The Environment Agency should be consulted if the drainage system directly or indirectly involved the discharge of water into a watercourse. Should the proposed method of surface water management change to include interaction with Anglian Water operated assets, we would wish to be re-consulted to ensure that an effective surface water drainage strategy is prepared and implemented.”

5.32 Berks, Bucks and Oxon Wildlife Trust “The Berks, Bucks and Oxon Wildlife Trust (BBOWT) is a local nature conservation charity, and as such our comments relate specifically to the protection and enhancement of the natural environment and wildlife. BBOWT objects to this application on the following grounds: 1. Net loss of biodiversity; this reserved matters application destroys even more habitat than the outline application with no compensation provided. The Biodiversity Enhancement Strategy by ACD Environmental has been approved to discharge condition 23 of outline planning permission 15/02337/OUT. This reserved matters application proposes additional dwellings and car parking to the north west of the site, in what had been retained as a ‘wildlife corridor’ previously. It also severs the ‘wildlife corridor’ so that it would not be directly connected to the offsite woodland. I have assessed this change against the approved baseline (that the area be wetland and woodland as shown on the original plans), and whilst my recommendation is that the extra dwellings are removed from the proposed wildlife corridor, should the LPA wish to grant this revised site layout then a payment via section 106 of at £100,000 is recommended so as to compensate for this additional loss elsewhere within MK. I have used the Warwickshire County Council Biodiversity Impact Assessment vs 19 to calculate this amount.”

5.33 Crime Prevention Design Advisor

No comments received.

5.34 Third Party/Neighbour Comments

Comments have been received from approximately 850 addresses. A petition has also been received, organised by representatives of The Stables, which is stated to contain approximately 21,000 signatures. The material planning considerations are summarised below: • Concern that building houses in this location will cause complaints from future occupants, which will lead to the closure of The Stables; and • Concern that this application contains no supporting information regarding noise and proposes no suitable noise mitigation, including a deed of easement.