COMMITTEE REPORT

Application Reference

12/02647/FUL

Site Address 205A Banbury Road, Stratford-upon-Avon

Proposals

Erection of 18 new dwellings with a mix of 2, 3 and 4 beds (including 8 affordable units) and associated garaging, car parking, access road, drainage, public open space and landscaping works.

Case Officer Gary Moss

Presenting Officer Gary Moss

Applicant Bloor Homes Ltd

Ward Member(s) Cllr K Rolfe Cllr I Fradgley Cllr L Organ

Town Council Stratford upon Avon

Reason for Referral to Committee

Scale of development Objection from Town Council Objection from Councillors K Rolfe; I Fradgley and L Organ

Recommendation Grant subject to S106 Agreement

1. DESCRIPTION OF PROPOSAL Planning permission is being sought to erect 18 new dwellings on the site of the former property 205A Banbury Road. The development comprises:

• 10 x two-storey, open market dwellings of traditional brick and tile construction (2 x 2-bed units and 8 x 4-bed units);

• 8 x affordable units (35% floor space) of traditional brick and tile construction (4 x 3-bed units and 4 x 2 bed units) of which 6 would be for shared ownership and 2 (2 x 3-bed) for social rent;

• New access and internal road layout/pedestrian footpaths; • New linked spine road • Car parking (minimum 2 spaces per unit) comprising integral garages;

detached garages; driveways and courtyard parking; • Boundary enclosures; • Landscaping; • Sustainable drainage infrastructure; • Informal public open space; and • Insertion of renewable technology (solar panels)

2. DESCRIPTION OF SITE AND SURROUNDINGS (INCLUDING

RELEVANT PLANNING CONSTRAINTS) The site consists of an area of land (formerly occupied by the property 205A Banbury Road and its associated garden) that extends from the Banbury Road for approximately 180-200m before a mature hedge separates the site from agricultural land. The site varies in width from between 75m and 35m. The site is located within the built up area boundary of Stratford upon Avon and is allocated in the Local Plan for residential development under saved policy SUA.Z. The site has an undulating topography with a drop in levels both in a north-south direction (Ranging from 4.3m to 2.3m) and a west-east direction (3.3m) with the lowest point being in the northeast corner. To the south is the recently constructed (substantially complete) Charles Church development, which has properties predominantly backing onto the site or face side on. The boundary between the two sites is a mix of retaining walls/structures, close boarded fencing and intermittent vegetation. A number of prominent trees are located within the site and are subject to tree preservation orders with mature hedgerows running along its western, northern and eastern boundaries. Beyond these boundaries to the west is Banbury Road, to the north the single residential property of 205 Banbury Road, itself a 2-storey, extended brick and tiled property set in extensive garden and sited at a lower level to this site. To the east is agricultural land. Access to the site is via the Banbury Road with a new access proposed and part in situ located between the site and the Charles Church development, known as th spine road but is yet formally adopted.

3. RELEVANT PLANNING HISTORY Reference Number

Proposal Decision and date

12/02597/DEM31 Demolition of dwellinghouse Approved: 07.12.2012

11/02141/FUL Demolition of existing derelict dwelling and erection of seven new dwellings

Withdrawn: 09.11.2012

05/03463/FUL Construction of 7 no. dwellings (+ 1 bed annexe to plot 3), with associated access.

Withdrawn: 28.04.2006

04/03359/DEM31 Demolition of dwelling Refused: 03.12.2004

04/03025/FUL Demolition of 2 no. existing residences, associated outbuildings and erection of 60 no. houses with garages.

Refused: 23.03.2005

4. RELEVANT POLICY CONTEXT The Development Plan The Regional Spatial Strategy RR1 Rural Renaissance RR3 Market Towns CF2 Housing beyond the Major Urban Areas CF3 Levels and Distribution of Housing Development CF5 Delivering affordable housing and mixed communities CF6 Managing Housing Land Provision QE1 Conserving and enhancing the environment QE3 Creating a high quality built environment for all Warwickshire Structure Plan 1996 - 2011 (saved policies) GD7 Previously Developed Sites T10 Developer Contributions Stratford–on-Avon District Local Plan Review 1996-2011 STR.1 Settlement Hierarchy STR.2 New Housing Provision STR.2B Density STR.4 Previously Developed Land PR.1 Landscape and Settlement Character PR.8 Pollution Control PR.9 Hazardous Substances PR.10.7 Safeguarded land DEV.1 Layout and Design DEV.2 Landscaping DEV.3 Amenity Space DEV.4 Access DEV.5 Car Parking DEV.6 Services DEV.7 Drainage DEV.8 Energy Conservation

DEV.9 Access for People with Disabilities DEV.10 Crime Prevention COM.4 & 5 Open Space COM.9 Walking and Cycling COM.13 Affordable Housing COM.14 Mix of Dwelling Types COM.15 Accessible Housing SUA.1 Town Setting SUA.2 Town Character IMP.1 Supporting Information IMP. 2 Supplementary Planning Guidance IMP.4 Infrastructure Provision IMP.5 Infrastructure Provision IMP.6 Transport Assessments Other Material Considerations Central Government Guidance National Planning Policy Framework, March 2012 and its technical guidance Circular 02/99: Environmental Impact Assessment Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 Town and Country Planning (Environmental Impact Assessment) (Amendment) (England) Regulations 2008 Town and Country Planning (Environmental Impact Assessment) Regulations 2011 Circular 11/95: The Use of Conditions in Planning Permissions Town and Country Planning (Development Management Procedure) (England) Order 2010 The Planning System: General Principles (ODPM 2005) Localism Act 2011 Supplementary Planning Guidance and Supplementary Planning Documents Meeting Housing Needs 2008 Car and Cycle Parking Standards 2007 Sustainable Low Carbon Buildings 2007 Stratford on Avon Urban Design Framework 2007 Provision of Open Space 2005 Stratford on Avon District Design Guide 2001 Stratford-upon-Avon Town Design Statement 2002 Other Documents District Council Statement of Community Involvement Open Space Audit (March 2005) PPG17 Open Space, Sport and Recreation Assessment and Playing Pitch Strategy (Arup, April 2011) Planning and Community Safety - Design and Crime Reduction 2006: Planning Advice Note Corporate Strategy 2011-2015 Sustainable Community Strategy Draft Core Strategy 2012

County Council Transport and Roads for Developments: The Warwickshire Guide 2001 Local Transport Plan 3 (2011-2026) Other Manual for Streets 2007 Manual for Streets 2 – Wider Application of the Principles 2010 By Design: Better Places to Live 2001 Safer Places: The Planning System and Crime Prevention 2004 Other Legislation Human Rights Act 1998 Equality Act 2010 Section 17 of the Crime and Disorder Act 1998 Natural Environment and Rural Communities (NERC) Act 2006 Community Infrastructure Levy Legislation 5. APPLICANT’S COMMENTS The application has been submitted with the following information:

Design and access statement; Sustainability statement; Drainage report – percolation tests; Noise report; Environmental report; Ground investigation report – trial trenching; Ecological report; Flood risk assessment; Transport statement; Arboricultural report;

The applicants have also provided a summary in support of their application and which is stated below: “The principle of development is established at the site by virtue of the fact it is identified for residential development within the existing Local Plan. The proposal is consistent with all tiers of relevant planning policy and will deliver housing for the district in the short term with an immediate commencement of development should permission be granted. Furthermore, the scheme’s internal road network enables its connection with the approved residential development to the south of the site, helping to create a cohesive form of development in this area. The proposed layout has been designed with consideration of the site’s locality and has been heavily informed by the landscape and visual impact assessment. It achieves permeability and ensures a safe environment for future residents through natural surveillance of all public and private spaces. A proportion of public open space is provided at the front of the site which preserves the character of the area, in particular the openness along this part of Banbury Road. In addition, it provides a suitable interface with the open countryside to the east. The proposal before Members has been the subject of extensive negotiation with your planning officer, Ward Councillors and Stratford Town Council. A key meeting with Councillors and the Town Council was undertaken on 21st December 2012 at which changes were sought to: the housing mix; general revisions to the layout and plots; look at the access into the site to avoid rat running; increase

parking to the affordable units; and potential for off-site financial contribution to secure tree planting on the Banbury Road. From the discussions at the meeting, the following changes have been made to the scheme to reflect points raised: -

• Increase in the provision of 3 bed affordable units – affordable housing requirement is now exceeded;

• Introduction of 2 bed houses into the mix for private sale • Retention of access from Banbury Road but route closed within the site so

this is not used as a main access point into the site for cars. The access is still open to pedestrians and cyclists.

• Reorientation of individual plots to ensure appropriate separation is afforded between the proposed houses and those at the adjacent Charles Church development;

• Increase in level of car parking to affordable units; and • Agreeable to off-site contribution to secure tree planting along Banbury

Road. These changes have also been communicated to the Town Council as part of a presentation to them 29th January. Overall, the proposed development before Members is a well-designed cohesive residential development that is not only in keeping with its surroundings but has also been designed and amended to meet the aspirations of your planning officer, Ward Councillors and the Town Council. For these reasons, along with the positive recommendation from your officer, it is hoped that Members will support this application.” 6. TOWN COUNCIL Initial comments – Object not on principle grounds but on the following detailed grounds:

• No spread in the housing mix – resulting in an imbalance within the site (market to front and affordable to rear) and creates visual segregation;

• Retention and maintenance of hedgerows in the site – alternatives may be better suited.

• No need to retain access of Banbury Road now southern access (through Charles Church site) is available;

• Unimaginative design; • POS at front of the site is not appropriate and not accessible by all –

central area within scheme should be sought; and • Affordable houses must meet standards. (27.11.2012)

Comments on amended plans/details – Maintain objection (12.02.2013) 7. WARD MEMBERS All 3 ward members provided a single, joint response and is stated below: “Having had the opportunity for an initial assessment of the proposed development at 205a Banbury Rd, please find comments below:

• Access from Banbury Rd should be limited to one or two properties only • Would prefer to see more three bedroom social housing

• Would prefer to see a better dispersal of social housing throughout the proposed development

• House type 411 seems particularly inappropriate • Replace tandem parking with side by side parking to encourage easier off-

street parking. It is not uncommon for large family homes to have up to four cars due to children still living at home which exacerbates problems with on-street parking.

• Provide minimum of two parking spaces per dwelling. • Details of security for properties backing onto open farm land • Confirmation who is responsible for maintenance of grounds and

hedgerows, especially those on the site boundaries.” (11.12.2012) A further joint statement was received 11.12.2012 “With regard to the submission Lynda has made on behalf of the three ward members may I add the following submission for consideration I have found the original master plan for the whole site (attachment 492737) which clearly shows that the road coming off Banbury Road is to service 2 houses and then leads into a footpath to the rest of the complex so I would like to understand why this has not gone forward into Bloor's detailed plan. You may remember in 2011 29 Addison Drive requested to put a connection on to Banbury Road and was refused (ref refusal attachment) I would say that since this request was more or less opposite 205A site then surely the refusal reasons given to 29 would equally apply to 205A site or alternatively if 205A gets the go ahead then there would be no reason to refuse 29 request should he reapply since the reason has disappeared - what do you think? Is there any consideration of a play area?” Comments on amended plans/details – No comments received at time of writing report. [Note: Consultation period expires on the 22.02.2013] 8. THIRD PARTY REPRESENTATIONS A total of 7 letters have been received. A total of 6 letters received following initial consultation. 5 letters including 1 from representatives acting for Charles Church development (207 Banbury Road) objecting to the development on the following grounds:

• No play space provided – impact on adjacent site; • Highway safety; • Access concerns – visibility/intensity of use of access; • Access from roundabout (via Charles Church site) safer; • Previous access points have been refused along Banbury Road; • Road design substandard; • Delivery of affordable housing; • Lack of car parking to serve affordable housing units; • No pedestrian crossing point; • Use of entrance detracts from visual appearance of the area; and • Unacceptable refuse collection – (Highways).

1 letter was received in support of the application on the following summarised grounds:

• Need for affordable housing; and • Site in a poor state and needs developing to improve area.

1 further letter has been received following amended plans/information. The letter is again from the representative of adjacent Charles Church development and welcomes the following changes:

• Layout/relationship between properties on both sites; • Support increased car parking ration; • Clarification over highway matters; and • Welcome provision in S.106 to secure affordable units at the same time as

market dwellings. [Note: Consultation period expires on the 22.02.2013] 9. CONSULTATIONS SDC Environmental Health No objection to the development in relation to noise/ground investigation following assessment of submitted reports (verbal comments Jan 2013) SDC Building Control Having assessed both the sustainability and drainage details no objection is raised subject to further details being secured by condition (10.12.2013) WCC Highways Initial comments – No objection subject to imposition of conditions and notes (17.12.2012) Additional comments - Request for transport improvements in line with SPD of £20,944.00 and travel packs (21.01.2013) Comments on amended plans/information – No objection in principle subject to details being secured by condition as previously requested and details of the means of severing the access off the Banbury Road to only serve 4/5 residential units. [Note: Consultation period expires on the 22.02.2013] WCC Education A contribution towards education services of £93,305.00 is sought to provide 4 x secondary and 1 x 6th form places. No contribution is sought for primary or Special educational needs (20.12.2012) WCC Libraries A contribution towards library services of £3,030.00 is sought (11.12.2012)

WCC Museum (Ecology) No objection subject to the imposition of conditions and precautionary notes (13.12.2012) WCC Museum (Archaeology) No objection subject to the imposition of a condition to secure a scheme of archaeological investigation (27.12.2012) WCC Fire and Rescue No objection subject to the imposition of a condition to secure water supplies/fire hydrants (05.02.2013) WCC Arboricultural Officer Supports the proposal to secure new tree planting along Banbury Road and costs are £350.00 per tree (31.01.2013) Warwickshire Police – Crime prevention officer No objection but recommends various crime prevention measures that should be included in the development (29.11.2012) Severn Trent No objection subject to imposition of condition to secure foul and surface water drainage (08.02.2013) 10. ASSESSMENT OF THE KEY ISSUES Background The redevelopment of this site has been the subject of detailed applications and discussions since 2002. This latest scheme has also been subject to negotiations and discussions with officers, Ward Members and the Town Council was discussed at a stakeholder meeting in December 2012 to try and resolve address the initial concerns/objections raised. The developers, on the back of these discussions/negotiations, have amended the proposed site layout, revised the house types and provided additional information relating to concerns over the access/highway arrangements and also provided further environmental enhancements. The revised proposals have also been presented back to the Town Council and are the subject of this report/assessment. Principle of Development The determination of the application is to be made pursuant to section 38(6) of the Planning and Compulsory Purchase Act 2004, which is to be read in conjunction with section 70(2) of the Town and Country Planning Act 1990. Section 38(6) requires the Local Planning Authority to determine planning applications in accordance with the development plan, unless there are material circumstances which ‘indicate otherwise’. Section 70(2) provides that in determining applications the Local Planning Authority “shall have regard to the

provisions of the development plan, so far as material to the application and to any other material considerations.” The Local Plan This site forms part of a wider strategic allocation for residential development in the Local Plan under saved policy SUA.Z. Saved policy SUA.Z reads as follows:- “Land comprising approximately 3.9 hectares (gross) north of Banbury Road is allocated for residential development (including a proportion of affordable units).” The explanatory text to the proposal refers to the mature trees and loose-knit nature of the area which create an attractive entrance to the town, although it is noted that the new roundabout has had an effect on this impression. At paragraph 7.15.67 it is stressed that a co-ordinated treatment of the whole site is necessary in relation to access, layout, design and landscaping. At paragraph 7.15.68 it states:- “The promotion of the site for development should take into account the need to:

• Ensure a comprehensive approach to the development of the site. • Provided extensive landscaping around the eastern and southern

boundaries of the site. • Retain the existing mature trees as far as possible, and in particular those

subject to a Tree Preservation Order; and • Undertake an ecological evaluation of the site.”

Sections of the allocated site are in different land ownerships, with some of the established residential properties in the central part remaining in private ownership. However, the north western segment of the site, originally occupied by nos. 197 – 199 Banbury Road, has been developed by way of planning permission ref. 05/02181/FUL, which related to the erection of 31 residential properties (now known as Feldon Way). In addition, the most southerly segment of the allocation, originally occupied by 207 Banbury Road, was granted planning permission, under application 11/02072/FUL, for the construction of 29 dwellings with associated car parking, access, infrastructure provision and open space. This site is currently under construction. In conjunction with both these applications an indicative masterplan has been produced, which shows a comprehensive approach to the whole site allocation. Members were previously advised that the general concept set out within the masterplan as a whole was acceptable, but the redevelopment of particular sections of the site were capable of being considered in isolation. Hence, on this basis there is no objection raised to this further element of the site, the subject of this application, and it must be noted that the scheme has been laid out to accord with the main principles established by the previous masterplan with a new masterplan being produced as part of this application. National Planning Policy Framework The National Planning Policy Framework (NPPF) requires local planning authorities to identify specific deliverable sites, sufficient to provide at least five years worth of housing against their housing requirements with an additional buffer of 5% to ensure choice and competition in the market for land. If such a supply of deliverable sites cannot be identified, then the NPPF states in paragraph 49 that

‘Housing applications should be considered in the context of the presumption in favour of sustainable development.’ On 5 September 2011 it was agreed by Cabinet that a housing figure of 8000 new homes would be planned for in the Core Strategy for the period 2008-2028. As at 5 April 2012, it was concluded that the Council had 5.26 years supply of housing land. This position however must be considered alongside the appeal decision which was issued on 24th October 2012 in respect of land west of Shottery which is a material consideration in the determination of this application. The Inspector concluded: ‘I therefore conclude that a robust assessment of the 5 year housing land supply position in the District should be based on an 11,000-12,000 unit requirement for the whole Plan period, a 5% buffer, the land supply as identified by the Council but excluding a windfall allowance, and the backlog being added to the 5 year requirement. This gives a supply of around 2.0-2.2 years. This would increase to around 2.4-2.6 years with the Council’s windfall allowance and further to around 3.2-3.5 years if the backlog is spread over the whole Plan Period. The degree of shortfall in the 5 year supply even with generous assumptions indicates the existence of a substantial requirement for land to meet objectively assessed housing needs in the District’. [86]. In determining the appeal, the Secretary of State concluded: For the reasons given by the Inspector on the information currently before him, he considers that the figure of 11,000-12,000 dwellings for the period 2008-2028 more closely accords with the requirements of the Framework (IR492). The Secretary of State notes that the 5 year land supply is between 2.0-3.5 years depending on the way it is calculated (IR499). Even taking the more generous assessment of housing land supply there is still a significant unmet need for housing in the district which warrants a role for the appeal site as anticipated in the LPR. On this basis, the previous assessment that the 5 year supply had been met is no longer the case in the considered view of the Secretary of State. In light of the Secretary of State’s view, the Council cannot demonstrate a 5 year housing land supply at the moment and therefore this represents a significant issue which weighs in favour of the application. Even had it been the case that the 5 year land supply target had been achieved, it needs to be remembered that this would only demonstrate that the authority had met its minimum duty and would not automatically mean that residential schemes should be refused. Paragraph 49 of the NPPF states that “Housing applications should be considered in the context of the presumption in favour of sustainable development. To meet the advice in the NPPF therefore, the decision-maker must give consideration to the fact that the proposed development would contribute towards meeting the housing needs of present and future generations and must weigh up whether the proposed development can be considered to be sustainable development. As stated earlier, the NPPF indicates that there are three dimensions to sustainable development, economic, social and environmental roles which I now go on to assess for this application.

Economic – The re-development of the site provides employment/work for the construction industry, albeit temporary, and a greater number of dwellings would provide support for the towns existing shops and services. Social – The development would provide a mix of house types ranging from 2, 3 and 4 bed units. The development also provides 8 affordable housing units to meet local need. The development also provides S.106 contributions to improve the wider social infrastructure including; public open space, the leisure centre, education provision and libraries. Environmental – The redevelopment of what has become a neglected site will visually enhance this gateway into the town. The development makes best use of the site in terms of development opportunity. The new dwellings will be constructed to the highest standards and used renewable technology to reduce CO2 emissions. The development also provides S.106 contributions to improve the wider environment including; new tree planting along Banbury Road, contribution for transport improvements and provision of sustainable travel packs. In contrast, re-development means further built form, greater surface water run-off, increase emissions and use of resources during construction. Conclusion of principle of development In summing up the arguments for and against the principle of the scheme I find that the scheme can be considered to be a sustainable form of development and therefore, in accordance with the NPPF, there is a presumption in its favour. Having had regard to all the above I can see no grounds to oppose the principle of the development, subject to a detailed assessment of all other material planning considerations as set out below. Layout and Design The layout and design has been heavily influenced by the site constraints. In particular, the sites linear shape, changes in levels (both within and across neighbouring land); the need to protect trees (which are subject to preservation orders) and provision of a link road to meet the masterplan objectives. The scheme has also been designed to reflect the adjacent Charles Church development. General layout The application principally proposes the construction of a mix of 2 storey detached, semi-detached and terraced houses in a form similar to that on the adjacent Charles Church development. Properties are located so that they front Banbury Road, the access of Banbury Road and the new spine road, which acts as a central link through each development/phase. A further 10 residential dwellings would be located to the rear of the site and accessed via a shared driveway, which leads to a parking court. This layout is considered representative of recent developments and the concept established through the masterplan and saved policy SUA.Z and is considered acceptable. Residential amenity within the site The proposed layout has been amended, given the change in levels across the site and surrounding land, so that all the residential units and their private

gardens have acceptable levels of privacy and separation. Within the site some back to back relationships are below standard (i.e. 20m not 21m between plots 8/9 and 10). Notwithstanding this shortfall in separation, the resulting harm in terms of overbearing, overshadowing or overlooking would not be so significant or demonstrable to the occupier’s amenity to justify a refusal of planning permission, given the small reduction, orientation of the units and the fact that these units would be built out at the same time, in this instance. Further, the latest proposals have also received no objection from representatives of Charles Church and site levels/finish floor levels as submitted can be secured by condition. Taking into account the above, I consider that the proposed development would cause no unacceptable overbearing, overshadowing or overlooking impact on residential amenity within the site, having regard to saved policy DEV.1 of the Local Plan and paragraph 56 of the NPPF. Impact on neighbouring residents The site has residential properties to the north and south of the site. To the north is the single residential property 205 Banbury Road set centrally in a large, linear plot and at a lower level to that of the proposed development site. The boundary of the site is well established and contains mature vegetation/trees. The proposed layout means that only 1 residential unit (plot 1) would be located in close proximity no. 205 (Approximately 10m when measured diagonally corner to corner) and although on higher land and set forward by 6/7m would not, in my opinion, cause any unacceptable overbearing or overshadowing affect. Furthermore, no side facing windows are proposed in this house type and given the off-set nature (oblique angle), extent of existing screening and no.205 having no, first floor, side facing windows that no overlooking issues would also arise. To the south and running along the length of the site boundary is the Charles Church development approved on the site of 207 Banbury Road. This development is nearing completion. The impact of this scheme on the occupiers of the Charles Church development is considered acceptable, in terms of overbearing and overshadowing impact, given the sites orientation and this site being at a lower ground level (up to 2/3m in parts). Furthermore, with the exception of plot 5, most units have a back to side or side to side relationship and with first floor side windows serving bathrooms/en-suites, thereby conditioned to be obscurely glazed that no unacceptable overlooking impact would arise. The latest proposals have also received no objection from representatives of Charles Church. Properties on the opposite side of Banbury Road are over 50m away and therefore not considered to be affected by this development. Taking into account the above, I consider that the proposed development would cause no unacceptable overbearing, overshadowing or overlooking impact on the amenity of neighbouring residential properties, having regard to saved policy DEV.1 of the Local Plan and paragraph 56 of the NPPF. Design and appearance of house types The house types are similar in size and appearance to those on adjacent developments and consist of simple, traditional designs with both the market and affordable units being similar in appearance utilising the same brick and tile

construction. Further detailing is provided in the form of brick headers and footers, corbels, exposed rafter feet, the addition of chimneys and simple porch designs on all units. The design and appearance of the dwelling types is considered acceptable and details and materials can be secured by condition. The result is a development that, in my opinion, would harmonise with its neighbours and ensure a continued design ethos and provides continuity throughout the site and the adjacent developments despite different developers. The development would therefore result in no unacceptable impact on the character and appearance of the streetscene or wider area, having to saved policies PR.1, DEV.1 and SUA.2 of the Local Plan, supplementary planning guidance and the provisions within the NPPF (paragraph 56). Private amenity space Each property benefits from a private garden and these gardens meet the indicative size standards set out in the Meeting Housing Needs SPD. Informal open space An area of informal open space, overlooked by 3 of the proposed houses, would be located at the Banbury Road end of the development. This area helps retain the site’s open frontage, as indicated on the masterplan, with the buildings preserving the indicative building line. This again mirrors the adjacent development and provides an attractive green wedge at the gateway to Stratford from the Banbury Road. Parking Parking provision on site has been increased, in response to concerns/objections received from the Ward Members and the Town Council, so that all properties benefit from either 2 or 3 off-road spaces. Car parking is made up of private garaging/driveways and shared parking courtyards. The changes made are considered acceptable in line with saved policy DEV.5, the SPD and paragraph 39 of the NPPF. Concerns remain about the use of tandem spaces, in particular, where they access onto the main spine road due to lack of visibility and the need to reverse onto the road. However, this scenario is limited to plots 8 and 6 and this arrangement has been accepted on the adjacent Charles Church development and is therefore considered acceptable in this instance. Further, no objection has been received from highways on parking grounds. Access/bin provision Rear access routes to properties have been incorporated to enable wheelie bins to be stored at the rear of properties and for access to rear gardens to be possible. In addition, a bin storage area has been provided close to the entrance to the shared drive at the rear of the site. A condition can be imposed to ensure that bins are provided by the developers prior to occupation of the dwellings in line with saved policies DEV.6 and IMP.4 of the Local Plan Review.

Highway considerations

The main concerns/objections received have been over the use of the existing access to serve this and the wider development. The masterplan also identified that this access would only serve a few properties with the remainder of the development being accessed via the main spine road off the Banbury Road Island. The applicants have submitted a transport assessment that has been assessed by the County Highways Officer and subject to the imposition of conditions is acceptable to serve this and the wider development. The applicants have sought to use this access as they do not have a right of access, at the moment, to the spine road which remains in the ownership of Charles Church until formally adopted by the County Council. Although, not a material planning consideration this could effectively sterilise the site for the foreseeable future, if objection is raised. In consideration of the concerns the developers, following discussions with the Ward Members and Town Council, have agreed that once the internal spine road is adopted and, thereby, accessible to serve this development the access off Banbury Road, other than to serve plots 1 to 4 would be severed for motor vehicles but retained as a pedestrian and cycle link into the development. This would provide the long term objective of the masterplan but enable the development, if granted, to be brought forward. The details and timetable for these works would be secured by condition. The County Council Highways Officer has no objection in principle but is considering the impact of this severance in terms of vehicle movements, refuse collection and the ability for vehicles to manoeuvre in a safe manner and these can be secured by condition. Affordable housing and overall housing mix The site proposes the construction of 18 units with an overall mix of housing equating to:

6 x 2 bed units (33%); 4 x 3 bed units (22%); and 8 x 4-bed units (45%).

Of these, 8 units would be affordable and comprise 4 x 2-bed (4 person) units; 2 3-bed (4 person) units and 2 x 3-bed (5 person) units and of the 8 units 2 would be for shared ownership and 6 for social rent. The 35% affordable housing by floorspace component, as required by adopted Council policy, would be achieved within this proposed mix of units. The applicants have also, at the request of the Ward Members, amended the affordable housing mix to provide more 3-bed units, which were originally proposed as 2 bed units to meet the needs identifies by the Ward Members. The applicant has confirmed that the size of each type of dwelling accords with, or exceeds, the minimum size requirements as set out in the Homes and Communities Agency Design and Quality Standards and our meeting housing needs SPD. The design of each unit also visually accords with the market units elsewhere on the site.

The constraints of the site, in particular its size, shape and change in levels, means that in order to achieve an appropriate layout the affordable housing has been grouped into 1 block at the rear of the site. Whilst this ensures efficient management of the units, by the relevant Partner Housing Association, means that it is not distributed across the site in order to maximise social integration. However, taking this development in its wider context (saved policy SUA.Z and the indicative masterplan), the location of the affordable units would provide a greater dispersal and residents would need to travel through the site to obtain access to the Banbury road allowing for social interaction to take place. Subject to the completion of an appropriate S106 Agreement, which will secure delivery of the affordable units prior to occupation of any of the market units, I can see no grounds for opposing this element of the application, having regard to saved policy COM.13 of the Local Plan and the polices in the Meeting Housing Needs SPD. Landscaping/trees The site has extensive vegetation along its western, northern and eastern boundaries and is to be retained with the eastern boundary being strengthened by a 5m planting buffer strip. This additional planting can be secured by condition and maintained. A number of trees are to be removed from the site (some already removed) of which a number are subject to preservation orders. The removal of these trees has been assessed by my landscape officer and are not worthy of retention and therefore no objection is raised to their removal. In response to the loss of these and other trees on site the applicants have agreed to provide new tree planting along the Banbury Road, in line with saved policies EF.10 and SUA.3 and the Urban Design Framework. This new planting would be secured by S.106 agreement. 2 mature trees, both subject to preservation orders, are to be retained and incorporated into the scheme. The scheme has been designed to ensure that no works are carried out within the route protection areas and subject to the imposition of conditions, to secure appropriate safeguards, I raise no objection. The proposed development has also been submitted with a landscape plan showing additional planting and use of shared surfaces/changes in surfacing materials to soften the development. These details can also be secured by condition. Taking into account the above I raise no objection in relation to landscaping or trees having regard to saved policies DEV.2 and EF.10 of the Local Plan Review and the provisions within the NPPF. Public Open Space – off site contribution (Child Play equipped and Youth and Adult active) The development would equate to a need to provide 94m2 of children’s play equipped (equivalent to a LAP) on site and 173m2 of youth and adult (active) in line with the Councils SPD and latest PPG17 open space assessment provided as part of the Core Strategy evidence base. No provision of public open space is provided on site other than informal open space. I have discussed the public open space provision with the Councils Leisure Officer who has advised that the provision of a further small play area on this site, given

similar provisions on both the adjacent Charles Church development and that on Feldon Way (Part of the wider SUA.Z allocation), would not be beneficial and that an off-site contribution would be of greater benefit. The off site contributions include:

• Youth and Adult Active - £4,325 • Children’s Play Equipped - £19,270 (£8,930 laying out and £10,340

maintenance) This off site contribution would be used to provide either: An upgrade/improvement to the equipped play area located on the Trinity Mead development, located only 150m away on the opposite side of Banbury Road. Although located on the opposite side of the Banbury Road, the Trinity Mead play area is in direct line of sight from this development and given the likely age of children using this equipment it is reasonable to assume that they would be accompanied by adults and therefore the need to cross the Banbury Road is not considered unreasonable, in this instance. The alternative option is to retain the contribution and bring forward, as part of further development of saved policy SUA.Z, which is likely given the Councils housing shortfall and to be used to provide a new centrally located equipped area which would supplement the existing play areas. This off-site payment would be secured by way of S.106 agreement. Accessibility Adopted Local Plan Policy COM.15 states that in all proposals for housing development, designs will be encouraged which ensure that the approaches, entrances and layout of dwellings are accessible to all potential occupants and visitors, in particular the elderly and disabled. The concept of ‘Lifetime Homes’ is becoming more widely recognised and applied and the District Planning Authority will encourage house builders to incorporate such principles into the design of dwellings. The site is not flat and providing level access to all units is not possible but the applicants have given confirmation that at least 50% of the units will meet lifetime home standards and is therefore in accordance with part (1) of Key Principle MHN12 of the Council’s adopted Supplementary Planning Document ‘Meeting Housing Needs’ and saved policy COM.15 of the Local Plan. A condition can be attached to ensure that this is achieved on site. Sustainability and Energy Conservation Part (1) of the Key Principle MHN 15 of the District Council’s adopted supplementary Planning Document entitled ‘Meeting Housing Needs’ requires all new housing to achieve a minimum rating of Level 3 against the Code for Sustainable Homes. Part (2) requires the submission of a method statement explaining how this standard will be met or exceeded. The applicant has stated that all the units can be designed to be compliant with Code for Sustainable Homes. This can be secured by condition. The Council also seeks, through its Sustainable Low Carbon Buildings SPD, to ensure that renewable energy technology will be incorporated within the building design to reduce overall predicted carbon emissions by at least 10%. The applicants have proposed the use of solar photovoltaic or solar thermal to provide

at least a 10% CO2 reduction. These details can be secured by condition and not objection is raised, having regard to saved policy DEV.8 of the Local Plan, the Councils SPD and paragraphs 95/98 of the NPPF. Drainage and flooding The site is not in a flood zone and drainage details including ground investigations and percolation tests have been submitted as part of the application. The details have been considered by both Building Control and Severn Trent and the principles of both foul and surface water drainage is considered acceptable subject to details being secured by condition. On this basis I consider this element of the application to be acceptable, subject to the imposition of a condition, having regard to saved policies PR.7 and DEV.7 of the Local Plan Review and paragraph 103 of the NPPF. Developer contributions A S.106 Agreement is required to secure the provision of affordable housing and public open space as already described in preceding sections of this report. Further contributions are also justified as follows: Library contribution: A contribution of £3,030 in accordance with the consultation response from the County Libraries Service. Transport Contribution: A transport contribution towards transport schemes within the town (based on SPD requirements) of £20,944 and provision of sustainable travel packs. Education contribution: The County Education Department have confirmed that there are insufficient places currently available to meet the needs of 4 secondary age pupil places and 1 x sixth form place that the development is likely to generate. Contributions are therefore required towards the provision of these pupil places and equates to £93,305. No contributions are sought for primary or special needs pupils as capacity in local schools exists for this age/type of pupil. Built Facilities Contribution: A contribution of £1,487.88 towards improvements/extension of facilities at the Stratford Leisure Centre. Environmental Enhancement (Tree planting along Banbury Road) Payment of £350 for each of 5 trees along the Banbury Road (total fee £1,750) Other matters The development does not give rise to any concerns on ecological or archaeological grounds, subject to the imposition of conditions and precautionary notes.

Similarly, the environmental assessments (ground/noise etc...) are considered acceptable and the Councils EHO raises not objection to the scheme, subject to the imposition of conditions to secure the recommendations of the reports. These matters can be dealt with by condition. Conclusion The scheme is acceptable in principle as the proposal relates to the development of part of an allocated housing site, proposal SUA.Z, and has been laid out in accordance with the indicative masterplan. Furthermore, I consider the development is sustainable and therefore the presumption in favour if its development is accepted, in line with paragraph 49 of the NPPF. The layout and appearance of the proposed scheme are considered to be in keeping with the character and appearance of the area and therefore, having regard to Policies PR.1, DEV.1, SUA.1 and SUA.2 of the Stratford District Local Plan Review, are considered acceptable subject to the imposition of conditions. Parking levels are considered to be adequate. The layout also identifies an appropriate mix and spread of affordable units. In addition, the layout provides an area of informal open space. The layout is therefore also considered to be acceptable, having regard to the aims and objectives of policies DEV.3, DEV.9, COM.4, COM.13, COM.14 and COM.15 of the Stratford District Local Plan Review. The proposed landscaping of the site together with of site environmental enhancement secured through the S.106 along Banbury Road is acceptable and in accordance with saved policies DEV.2 and SUA.3 of the Stratford District Local Plan Review. Other aspects of the development, including its assessment against sustainability, drainage, archaeology and ecology and the criteria set out in the NPPF, are also considered to be acceptable subject to the imposition of conditions and/or the securing of a S106 agreement. In dealing with this application, Stratford on Avon District Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework. 11. RECOMMENDATION That, subject to the signing of a legal agreement to secure the following (the detailed wording, and precise level of financial contributions referred to below, is delegated to officers):

Affordable housing (Secure 8 units) Library contribution (£3,030) Education contribution (£93,305) Transport Contribution (£20,944) Sustainable Travel packs (£50) Environmental Enhancement of the Banbury Road (Tree planting - £1,750) Built leisure contribution (£1,487.88) Provision of maintenance plan for the on site informal open space by a management company;

The provision of free and unfettered access into the adjacent development site at all times; and

The laying out of the adopted road within the site up to the boundary with the adjacent development site (205) Banbury Road, and the provision of services within that road up to the boundary.

the Planning Manager be authorised to issue the formal Notice of Decision GRANTING planning permission, subject to the following conditions and notes, the detailed wording of which is delegated to officers:

1. Standard 3 year implementation 2. Within 6 months of the date of this decision details of the works to ensure

severance of the access road (off the Banbury Road) for motor vehicles, but retained as a pedestrian and cycle route, so that it only serves as a private access to plots 1 to 4 together with a timetable for its implementation shall have been submitted to the LPA for approval in writing. The access road shall then be severed in accordance with the approved details in accordance with the approved timeframe.

3. The development shall not be occupied until visibility splays have been

provided to the vehicular access to the site passing through the limits of the site fronting the public highway with an 'x' distance of 2.4 metres and 'y' distances of 43 metres to the near edge of the public highway carriageway. No structure, tree or shrub shall be erected, planted or retained within the splays exceeding, or likely to exceed at maturity, a height of 0.6 metres above the level of the public highway carriageway.

4. Site levels and FFL’s

5. Standard submission of roof and walling materials

6. Submission of large scale details in respect of eaves, verges, corbels,

heads, cills, chimneys, all window types, door types and porches/canopies.

7. Submission of details in respect of all front and rear boundary treatments/enclosures.

8. Standard submission and implementation of archaeological written scheme

of investigation.

9. Standard drainage plans for disposal of surface water and foul sewage.

10. Notwithstanding details submitted no development to commence until - standard soft landscape scheme to include 5m buffer strip to eastern boundary and associated boundary fences/gates separating strip from rest of garden areas to plot nos. 13 to 18.

11. The 5m buffer strip approved under condition 9 shall be completed prior to

the occupation of the first dwelling on site, and retained in perpetuity.

12. Notwithstanding details submitted no development to commence until - standard hard landscape scheme.

13. Standard protection of trees and hedges on site to be retained during the

development phase.

14. There shall be no re-grading of soil levels within the route protection areas of any trees retained on site.

15. Standard service runs details.

16. Standard provision of renewable energy, in accordance with details to be

submitted.

17. 50% of units to meet lifetime homes standard

18. units to meet code level 3

19. Provision of water butt for each dwelling, prior to occupation.

20. Prior to first occupation of any of the dwellings hereby permitted, the developer will provide 3 bins for the purposes of refuse, recycling and green waste for each of the dwellings, in accordance with the Council’s requirements.

21. Double glazing and acoustically attenuated passive ventilation shall be

installed to the bedroom windows on the front elevations of the dwellings on plots 1 to 4 prior to the first occupation of the dwellings, and thereafter retained in perpetuity.

22. Standard scheme for fire hydrants

23. Badger survey

24. Development timetabled and carried out to accord with the mitigation and

enhancement measures set out in document ‘baseline Ecological site Audit and Daytime bat survey’ by Betts Ecology

25. Scheme for the provision of bat boxes on site

26. Obscure glazing (side facing en-suite and bathroom windows)

Notes: 1. Standard Section 38 Highway Works agreement note 2. Standard Section 278 Highway Works agreement note 3. Police liaison officer notes 4. Nesting bird note 5. General reptile note 6. Hedgehog note 7. Indigenous planting 8. Lighting – ecology 9. Bird box note 10. Ash tree note RECOMMENDATION B Should the legal agreement securing the matters listed above not be completed, to the satisfaction of the Area Planning Officer, by 06.06.2013, planning permission be REFUSED for the following reason:-

1. In the absence of a completed legal agreement under Section 106 of the Town and Country Planning Act 1990, the District Planning Authority considers that the

proposals would fail to make adequate contributions towards the full range of physical and social infrastructure necessary to serve and support the proposed development, in accordance with policies COM.4 and IMP.4 of the Stratford-on-Avon District Local Plan Review 1996 – 2011.

ROBERT WEEKS HEAD OF ENVIRONMENT & PLANNING