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BLABY DISTRICT COUNCIL
Meeting: Development Control Committee
Date: 26 June 2014
Subject: Planning Applications for Determination
Report author and contact details:
James Carpenter
Development Services Manager
0116 272 7691
Status: Public
1. Purpose of Report 1.1 To determine planning applications as listed in paragraph 5.2 below and
detailed in the attached report
2. 2.1
Recommendation That the recommendations listed within paragraph 5.2 below and detailed in the attached report be approved.
3. Forward Plan
3.1 Not applicable. 4. Key Decision 4.1 Not applicable. 5. Matters for Consideration 5.1 To avoid unnecessary delay in the processing of planning applications, the
recommendations included in this list must often be prepared in advance of the closing date for the receipt of representations. This list was prepared on 16 June 2014 and information of representations received will be updated at your meeting. This updating will also cover any other information which may come to hand in the intervening period. Closing dates are given where they fall on or after the day of preparation of the list.
5.2
Application No. Page
No. Site Address
Recommendation
14/0066/1/OX 14/0178/1/PX 14/0356/1/PX 14/0374/1/PX 14/0400/1/PX 14/0455/1/PX
14 35 43 55 61 68
Land off Barry Close Kirby Muxloe Land south of 28-32 The Roundhills Elmesthorpe Land off Welford Road Kilby Englands Farm Croft Road Thurlaston Land south of 14-16 Cranmer Close Blaby Land rear of 9-15 Compton Drive Huncote
APPROVE APPROVE REFUSE REFUSE APPROVE APPROVE
5.3 Other Options Considered These are included where appropriate as part of the reports relating to each
individual application. 6. Appropriate Consultations
Details of organisations / persons consulted in relation to the applications are included in the reports for each individual application. Members will be aware that full copies of correspondence received are available to view on the respective planning file.
7. Resource Implications
There are no specific financial implications arising from the contents of this report.
8. List of Background Papers
Background papers are contained in files held in the Planning Division for each application being considered.
CE DR: MO:
CPH:
14/0066/1/OX Registered Date Taylor Wimpey Ltd 24 January 2014
Proposed residential development (maximum 88 dwellings) accessed from Barry Close, open space and associated infrastructure (outline) –
Land off Barry Close, Kirby Muxloe Report Author: Matt McConville, Major Schemes Officer Contact Details: Council Offices. 0116 272 7730 RECOMMENDATION THE APPLICATION BE GRANTED SUBJECT TO THE APPLICANTS ENTERING INTO EITHER A SECTION 106 AGREEMENT OR UNILATERAL UNDERTAKING TO SECURE THE FOLLOWING:- 1. Off-site and on-site public open space maintenance contribution or an
agreed maintenance programme and a contribution towards play equipment
2. The provision of 25% affordable housing and the overall housing mix to be in accordance with the Housing Mix and Affordable Housing SPD
3. A financial Contribution towards healthcare
4. A financial contribution towards the improvement of Public Right of Way V82, travel packs and buss passes
5. A financial Contribution towards education
6. All CIL compliant capital infrastructure for Policing necessitated by the development
7. A financial contribution towards the improvements of the rail crossing gates
And subject to the imposition of the following conditions: 1. Statutory outline time condition 2. Reserved Matters details to be submitted 3. Materials details to be submitted and approved 4. Submission and approval of a Landscape and Ecological Management Plan –
including timescale for additional protected species surveys every 3 years 5. A survey of all the trees to be removed prior to commencement of works 6. Submission of a programme of Archaeological Work prior to submission of the
reserved matters application 7. Development carried out in accordance with the approved programme of
Archaeological Work 8. No occupation prior to submission of submission and approval of investigation
assessment of Archaeological Work 9. Submission and approval of a Construction Site Management Plan 10. Provision of car parking before occupation 11. Minimum garage dimensions 12. Minimum driveway widths 13. Submission and approval of foul and surface water drainage details 14. Landscaping Scheme to be agreed which includes tree protection measures
and tree survey 15. All trees identified for retention shall be protected during the development 16. Approved landscaping scheme to be implemented 17. Submission and a approval of a surface water drainage scheme 18. Submission and approval of bollard details 19. Details of development to comply with LCC design standards Relevant Planning Policy National Planning Policy Framework (NPPF) (March 2012) National Planning Policy Guidance 2014 Blaby District Local Plan (Core Strategy) Development Plan Document (February 2013) Policy CS1 – Strategy for locating new development Policy CS2 – Design of new development Policy CS5 – Housing Distribution Policy CS7 – Affordable Housing Policy CS8 – Mix of Housing Policy CS10 – Transport Infrastructure Policy CS11 – Infrastructure, Services and Facilities to support Growth Policy CS12 – Planning Obligations and Developer Contributions Policy CS14 – Green Infrastructure Policy CS 15 – Open Space Sport and Recreation Policy CS18 – Countryside Policy CS19 – Bio diversity and Geo diversity Policy CS22 – Flood Risk Management Policy CS24 – Presumption in favour of sustainable development Blaby District Local Plan (BDLP) (1999) Policy T3 – Highways Standards Parking and Service Provision Policy T6 – Off Street Parking Provision Policy C2 – Other Development in the Countryside Policy CE22 - Landscaping Other Supporting Documents Planning Obligations and Developer Contributions SPD 2010 Housing Mix and Affordable Housing SPD 2013
BDC Landscape and Settlement Character Assessment (2008) Consultations Blaby District Council, Housing Strategy No objections subject to the housing mix being in accordance with the Housing Mix and Affordable Housing SPD Blaby District Council, Waste Operations No objection but consideration should be given to the creation of bin presentation points for the larger shared driveways. Environment Agency No objection subject to the imposition of a condition requiring the submission and approval of a surface water drainage scheme. Kirby Muxloe Parish Council Objects to the proposal on the following précised grounds:
• The development does not represent an appropriate and sustainable scheme in the context of the available housing need figures.
• The development is outside of the agreed settlement boundary and is therefore contrary Policy CS18.
• Unacceptable impact on the landscape.
• It would involve the damage or destruction of the only 2 Local Wildlife Sites in Kirby Muxloe and impact on the brook.
• A previous application was refused for housing in 2007.
• The level of mitigation is inappropriate.
• It would result in the removal of a hedge dating back to the first ordnance survey map.
• NPPF supports the protection of Local Green Space.
• The development does not meet the Blaby District Local Plan 2013 or the County Council Highways Design Guide criteria - proximity to bus stops are to be a maximum of 400m and desirably no more than 250m. The closest bus stop is 580m away. The bus service is also limited.
• The development is not closely linked with the local service provision – education and health services.
• It fails to comply with the Highways design guide – visibility splay, width, number of accesses.
• Unsafe for children walking to the local school.
• It will result in increased traffic congestion.
• The School and Health facilities are already at capacity.
• The proposal does not comply with the Blaby District Council Local Plan 2013 or the NPPF.
Leicester Forest East Parish Council Objects to the proposal on the following grounds: “Consider that item 7.1.4 of the traffic analysis is completely contradictory to the facts
and request that an assessment is carried out at the junction of Maytree Drive and Hinckley Road.” Leicestershire and Rutland Wildlife Trust Object to the proposal on the grounds of damage to a Local Wildlife Site and potential disturbance / damage to a European Protected Species. Leicestershire Constabulary No objection subject to a developer contribution towards additional Policing impacts arising from the development. Leicestershire County Council, Arboriculturalist – Comments as follows: “The EDP arboricultural survey and assessment is comprehensive. I have examined a sample of the trees listed and agree with the findings and categorisations. The indicative layout shows two fields (C and D) proposed for development, and within these areas the housing is largely laid out to avoid existing trees; in particular a wide naturalistic area is proposed alongside the row of trees T48-T60 near the brook. A few major and significant mature trees are affected by footpath proposals and nearby roads, notably T16, T19, T35 and T37. There should be NO EXCAVATION within the RPAs of these trees. With T16 and T19, the encroachment is by a proposed footpath alongside the roads already used for access by The Links, The Stables and Half Acre. Presumably T19 Wellingtonia is private, and the developer owes a duty of care to ensure that this is not damaged. T37 stands on a proposed highway corner and in this situation with a tree of this age and calibre I would recommend a modest redesign of the corner if at all possible to give additional clearance and RPA protection; I note also that a new house is proposed immediately to the north of this large tree - this does have shade implications. A number of trees would be removed at the end of Barry Close for the new access road. I concur with the “C” categorisations of these trees so I have no particular concerns about removal in principle. Of these, T41 is a cherry in the LCC verge - if this were removed LCC would like a replacement elsewhere in the vicinity.” Leicestershire County Council, Archaeology – Comments as follows: “The geophysical survey suggests that archaeological remains survive within the application site, but the information is not sufficient to determine the full extent of archaeological remains within the site or their significance. We recommend that archaeological trial trenching should be undertaken prior to determination of this application, in line with the NPPF para. 128 and 129 and guidance from English Heritage. If the applicant is unwilling to supply this information then we would recommend refusal on the basis of lack of information, as the impact to significant archaeological remains cannot currently be ascertained.” Leicestershire County Council, Education No objection subject to a contribution towards the provision of educational facilities in the Primary School Sector, High School Sector and Post 16 Sector. Do we have any figures?
Leicestershire County Council, Ecology – Comments as follows: “The ecology report in support of this application (EDP, Jan-13) is satisfactory, and I can confirm that the conclusions and recommendations regarding the impacts on habitats and the two Local Wildlife Sites impacted by the proposal have already been discussed and agreed with me. This is however the first sight I have had of the protected species surveys and assessments.” “I have no objections to the illustrative layout and endorse the mitigation and compensation measures proposed in order to address the loss of a significant part of one of the LWS, the Links Grassland. I do not feel that the development would have significant impacts on bat foraging, badger foraging or bird populations, as a significant quantity of habitat will be retained and enhanced, including the important wooded brook corridor along the eastern boundary of the site. No objections to this development under the conditions set out in EDP report, sections 6 - 8, and with the additional condition of a GCN precautionary mitigation plan to be submitted to and approved by the LPA prior to commencement. In addition I recommend a condition requiring development to be in accordance with the illustrative layout plan (CSa/2083/109. Rev B). I also suggest that it would be appropriate to conduct resurveys for badgers every three year, or prior to each development phase, as it seems possible that they may take up residence on site in future.” Leicestershire County Council, Highways – Has no objections and comments as follows: “The site is well located in terms of access to local services, facilities and public transport and as such, the Highway Authority has no objection in principle to the proposed development. The improvement of V82 is welcomed as this will encourage greater levels of walking and subject to a change of status, cycling too. A Formal Right of Way will need to be created and dedicated alongside the balancing pond located close to the eastern site boundary.
In terms of access, Barry Drive currently serves 4 properties but is built to modern standards with a 5.5 metre carraigeway and continous footways along both flanks. In accordance with the standards set out in the 6Cs Design Guide, a road of these dimensions is capable of accommodating between 50 and 400 dwellings. The proposal is also in accordance with Table DG1 of the 6Cs Design Guide which stipulates a limit of 150 dwellings off a single point of access. Visibility at the Barry Close/Barry Drive junction complies to the standards set out in the 6Cs Design Guide. To meet the requisite standards for adoption, the access will need to provided in accordance with the PBA drawing 26492/003 which shows a 5.5 metre carriageway with 2 metre pedestrian footways on either side. It is acknowledged, that there is some dispute locally as to whether the applicant owns the land to provide such an access arrangement, however, it is not the role of the Highway Authority to comment on land ownership issues.
The Transport Assessment demonstrates that the development is unlikely to have a significant impact on queuing or delays at any of the assessed junctions. Whilst it is acknowledged that the development will cause additional delays/queues at the B5380/Ratby Lane & Kirby Road/B5380/A46 roundabouts, the impact is small and in any case major improvements are proposed here as part of the Glenfield Park proposals. The Maytree Drive/A47, Beggars Lane/ A47 & Kirby Lane/A47 junction have not been assessed in the Transport Assessment because it has been determined that the development would generate less than 30 peak hour trips at these locations which is below the threshold for a detailed assessmernt, I have no reason to disgaree with this position. In terms of the Kirby Lane/A47 junction, improvements are proposed here as part of the New Lubbesthorpe development. Furthermore, it is worth noting that s106 monies were secured from the New Lubbesthorpe development for the implementation of traffic calming measures on Barry Drive and Maytree Drive. In view of the above, it would not be possible for the Highway Authority to demonstrate that the proposals would have a ‘severe’ impact on the local road network which is the requisite test set out in the NPPF. At the northern site boundary, there is a manually operated level crossing and the Highway Authority has been made aware of objections made by Network Rail to the proposed development. It appears that these concerns are centred around existing vehicular access over the railway line from Station Drive and the propensity for drivers to leave the gates open which gives rise to safety concerns for other users. Whilst the proposals will undoubtedly lead to an increase in pedestrians and potentially cyclists using this route, the potential removal of vehicular rights from Station Drive by Network Rail will represent a major improvement and should be more than sufficient to offset any concerns about increase use by pedestrians and cyclists. Given the modest levels of additional users that will result from this development and the lightly used nature of the railway line, it is not appropriate nor CIL complaint to expect the developer to re-route the footpath or to fund a footbridge. It is however appropriate to attach a condition to the permission which would obligate the developer to implement a scheme of improvements consisting of the following; 1) scheme of signage, and 2) installation of modern pedestrain/cycle gates 3) Surfacing improvements to allow use by cycles, pushchairs and disabled.” Subject to the Highways conditions included above, no objections were raised by the County Council’s Highways Department. Leicestershire County Council, Libraries Leicestershire County Council, No contribution required Natural England: No objections but comments as follows: “The lack of specific comment from Natural England should not be interpreted as a statement that there are no impacts on the natural environment, but only that the
application is not likely to result in significant impacts on statutory designated sites and landscapes. It is for the local authority to determine whether or not this application is consistent with national or local policies on biodiversity and landscape and other bodies and individuals may be able to help the Local Planning Authority (LPA) to fully take account of the environmental value of this site in the decision making process, LPAs should seek the views of their own ecologists when determining the environmental impacts of this development.” Network Rail – Has no objection and comments as follows: “Following receipt of the figures relating to the projected pedestrian usage of the crossing from the new development, with the revised road layout that provides for an access route away from the crossing through the new development, we have re-considered our position with regard to this application. Firstly it remains our desire to close the level crossing in this location. However, mindful of the projected level of usage resulting from the proposed development we accept that we cannot legally maintain our objection on the grounds of closure of both crossings and the provision of alternative means of access over the railway. However the additional measures proposed do mean that there will be reduced risk at the crossing, and this is to be welcomed. It has always been the case that the key risk at this crossing has been the vehicular traffic using the user worked crossing to the north of the site. This is caused by the level of indiscipline by motorists who have failed to close the gates after use, thereby placing other road and persons on foot at risk when they encounter open gates, assuming that it is safe to cross. Our priority is to reduce and preferably remove the vehicular risk. As such we welcome the proposed vehicular link put forward to enable the residents of “The Links” and “Half Acre” to access Barry Close via the new development. It is further accepted that the requirement to rescind vehicular rights over the existing crossing is outwith the control of the applicant and thus cannot be a condition of any planning consent. However, we will pursue this independently on the assumption that the link is made. As a condition of any consent we would like to see details of the proposed vehicle barriers to ensure that they do not give rise to similar problems as occur at the existing crossing. It is also noted that additional funding is available to improve the crossing gates themselves which again is welcome. As such we are prepared to withdraw our objection to the development subject to acceptance of the revised masterplan layout as attached and a detailed condition relating to the form of improved barriers at both the crossing itself and the locations as indicated on the plan in the middle of the site.” NHS England No objections subject to a developer contribution to mitigate the impact of the development on health services. Severn Trent Water: No objection subject to a condition requiring the submission and approval of plans for the disposal of surface water and foul water.
Western Power – comments as follows: “At the lower end of the site we have a cable supplying Lower Forest Farm – see attached, and at the North of the site we have a Low Voltage overhead line feeding The Stables and The Club House, consideration would need to be given to these supplies prior to the construction phase of any works and may require diversion.” Third Party Representations Approximately 386 letters of objection have been received from 325 households. The main objections raised in this correspondence are: Principle:
• Loss of a beautiful green field site / green lung which is important to the village;
• There is a need to protect these green spaces;
• Loss of a Local Wildlife Sites which should be protected;
• Not in accordance with Planning Policies, NPPF or PPS’s;
• Already permitted the Lubbesthorpe application therefore enough houses have been planned. No need for more development;
• Antisocial behaviour and further environmental damage is to be anticipated;
• The development will be an unsightly intrusion into open countryside;
• Previous applications for residential development on the site were refused;
• The District has met its housing requirement therefore there is no need for the development.
Highways:
• Concerns over the access off a narrow residential road – unsuitable for a development of this size;
• The estate road is already used as a rat run;
• Will create additional traffic congestion, air pollution and highways dangers;
• The additional traffic movements will impact on the amenities of neighbouring and surrounding residents;
• The Highways data provided by the applicant is not accurate;
• Emergency vehicles would have difficulty entering the site;
• The access to Barry Close is poor;
• It is not possible for a computer model to predict the future traffic generation. Ecology:
• The application proposes the removal of trees which will harm the woodland;
• Will destroy the wildlife site and harm protected species;
• The suggested mitigation measures can not be reasonably implemented;
• The proposal conflicts with the Natural Environment and Rural Community Act 2006;
• The widening of the site access across the brook would cause further harm to wildlife;
• The introduction of paths through the Willow Woodland would harm its health. Other
• Safety implications of increasing the use of the rail crossing – particularly for children;
• The village services are full – Education and Healthcare;
• Inadequate street lighting;
• The heavy construction traffic will impact on residential amenities and cause disruption;
• The sewers are not adequate to cope with such a development;
• It will create a flood risk from water run off;
• The adjacent wind turbine will impact on the new development – not compatible;
• The footpaths are not wide enough to achieve the duel use required;
• There are a number of vacant properties already within Kirby Muxloe;
• The brook is susceptible to flooding;
• The proposed sustainable drainage methods will not have any substantial impact;
• The dwellings would be in stark contrast and out of keeping existing properties;
• The new dwellings would impact on the visual amenities of the existing dwellings – overbearing, overshadowing overlooking and loss of privacy;
• The roadway seems to be located on private land;
• The street lights are turned off after midnight;
• The public right of way should be protected;
• There have been numerous incidents around the Barry Drive / Kirby Lane junction;
• A valid alternative would be to increase the allocation at Lubbesthorpe. Relevant History App No: 85/0218/1/OX Dev and Address: Creation of 14 Building Plots – Land off Barry Close, Kirby
Muxloe Outcome: Refused Date: 25/04/85 App No: 07/0287/1/PX Dev and Address: Erection of five dwellings with associated access and garages
including demolition of existing bungalow - Land Rear of 11 - 19 Barry Drive, Kirby Muxloe (Different site)
Outcome: Refused Date: 29/05/07 EXPLANATORY NOTE The Site: The site lies on the east side of the Kirby Muxloe settlement adjacent to a Primarily Residential Area and abutting the Limits to Built Up Areas as defined on the 1999 Local Plan Proposals Map. The site measures approximately 7.8 hectares and is made up of two parcels of open land within the open countryside partially separated
by the curtilages of 3 dwellings. Both the site and the curtilages are dissected by footpath V82 which runs from Barry Close to Station Road. The footpath runs along the east side of 5 Barry Close before it enters the site rather than following the route of the proposed access. The north edge of the site borders a railway line which has resulted in the Public Footpath crossing the track at the point at which it meets the north boundary of the site. The crossing is controlled by unmanned vehicular and pedestrian gates with a lighting system. The vehicular access gates allow the only existing vehicular access to the 3 dwellings within the site. Approximately 3.6 hectares of the site is designated as a Local Wildlife Site (previously SINC’s) which comprises of a 2.6 hectare area of neutral grass land and 1 hectare of woodland known as Willow Wood. The grassland is located over a section of the land to the south of the dwellings and the woodland runs along a section of east edge of the site. The site and surrounding area contains a number of levels differences which are mostly evident around the brook that runs along the east and north edge of the site. The land levels around the section of the site to be developed rise as it runs away from the brook on both sides. This is particularly the case with the east edge of the site below the agricultural access from Barry Drive where the land rises in to the site and on the opposite side of the brook up to the existing properties. The existing agricultural access off Barry Close also crosses the brook. The sections of Barry Close and Barry Drive which border the development site are characterised by a mixture of 2 storey dwellings and bungalows with the majority of the properties on the west side of Barry Drive being single storey. A number of the dwellings on Barry Close and those on the east side of Barry Drive, opposite the access, are 2 storeys in height. The area to the west of the section of the site to be developed is made up of agricultural fields. In addition to the 3 dwellings within the centre of the site there is an additional residential property (Lower Forest Farm) to the west of the site within open countryside which borders the site. With the exception of the public footpath the site is in private ownership and is not a publicly owned green area. The Proposal: The application proposes the erection of up to 88 dwellings and associated infrastructure including the creation of the access off Barry Close. The application is in outline form with only the access to be agreed at this time. An indicative plan has been submitted which shows the developable area (approximately 3.4 hectares) which lies in the southern section of the field across a section of the existing Local Wild Life Site (LWS) and the field further to the south. The part of the site identified for development does not extend north of the existing footpath or the centrally located existing dwellings. This area also includes a swathe of open space along the east edge which will provide scope for sustainable drainage provision and set the development back from the landscaped site boundary abutting
the neighbouring dwellings. With the exception of a buffer to account for a permitted wind turbine at The Links, the development area would abut the south boundaries of the residential properties known as The Links and The Stables and the east boundary of Lower Forest Farm residential plot. The application proposes to provide the remainder of the site, approximately 4.4 hectares which includes a section of the grassland LWS, the entire woodland area and the grassland field to the north side as open space. It also proposes to create a woodland trail to open up this area for public access. Planning Considerations: Section 38(6) of the Town and Country Planning Act 1990, requires planning applications to be determined in accordance with the provisions of the Development Plan unless there are other material considerations which indicate otherwise. This section of the report will first consider the proposed development against the policy background and then consider any other material considerations. There are a number of themes which run through national guidance as expressed in the National Planning Policy Framework and these are generally in line with local policies expressed through the Development Plan. NATIONAL PLANNING GUIDANCE National Planning Policy Framework (NPPF) (March 2012) The framework has a presumption in favour of sustainable development unless material considerations indicate otherwise. It sets out the core planning principles which includes;
• promoting high quality design;
• supporting economic development;
• improving the vitality of the urban areas and protecting areas of importance such as Green Belt;
• the protection of the environment;
• the support of local strategies to improve health, social and cultural wellbeing through the provision of community and cultural facilities and services to meet local needs.
DEVELOPMENT PLAN Blaby District Local Plan (Core Strategy) Development Plan Document (2013) The adopted Core Strategy (February 2013) is now part of the Development Plan for the District of Blaby. It is an up-to-date plan that is consistent with National Policy and therefore, should be given full statutory weight. The following policies are the most relevant to the proposed development. Policy CS1 – Strategy for Locating new Development - seeks to focus new housing development in the most sustainable locations in the district, close to the principal urban area (PUA) of Leicester and more sustainable towns and villages.
Policy CS2 – Design of New Development - seeks to ensure that a high quality environment is achieved in all new development proposals, respecting distinctive local character and contributing towards creating places of high architectural and urban design quality. The design of new development should also be appropriate to its context. Policy CS5 – Housing Distribution - aims to focus new development in the most appropriate locations, the District Council seeks to distribute housing by settlement in accordance with the figures contained within the Core Strategy. Policy CS8 – Housing Mix - requires proposals for development of 10 or more dwellings to provide an appropriate mix of housing types. This is guided by the Housing Mix and Affordable Housing SPD. Policy CS10 – Transport Infrastructure - indicates that the District Council will seek to reduce the need to travel by private car by locating new development so that people can access services and facilities. Policy CS11 – Infrastructure, Services and Facilities to Support Growth - seeks to ensure that all new development is supported by good access to infrastructure, services and facilities to support growth Policy CS12 – Planning Obligations and Developer Contributions - ensures that the impacts on local infrastructure, services and facilities is mitigated through the use of planning obligations. Policy CS14 – Green Infrastructure – aims to protect existing and provide new networks of multi functional green spaces. Green infrastructure can include formal open spaces for sport and recreation, green areas that can be used for informal recreation and areas that are valuable for their bio-diversity. Policy CS15 – Open Space Sport and Recreation – indicates that Blaby District Council will seek to ensure that all residents have access to sufficient, high quality, accessible open space, sport and recreation facilities. Policy CS18 – Countryside - seeks to prevent inappropriate development within the countryside. The Policy states that planning permission will not be granted for built development, or other development which would have a significantly adverse effect on the appearance or character of the landscape. However, the Policy goes on to state that the need to retain Countryside will be balanced against the need to provide new development (including housing) in the most sustainable locations. Policy CS19 – Bio-diversity and Geo-diversity - indicates the council will protect those species which do not receive statutory protection under a range of legislative provisions, but have been identified as requiring conservation action as a species of principle importance for the conservation of biodiversity nationally. Any development proposals should ensure that these species and their habitats are protected from the adverse effects of development through the use of appropriate mitigation measures.
Policy CS22 – Flood Risk Management - indicates that the Council will ensure all development minimises vulnerability and provides resilience to flooding, taking into account climate change. This will be achieved by:
• Directing development to locations with the lowest risk of flooding;
• Using Sustainable Drainage Systems;
• Managing Surface Water Run Off;
• Closely Consulting the Environment Agency. Policy CS24 - Presumption in Favour of Sustainable Development - reflects the overarching principle of the NPPF that the Government wishes to see in relation to the planning system, including housing delivery - with the golden thread running through the decision making process being the presumption in favour of sustainable development. Policy CS24 requires that when considering development proposals the District Council will take a positive approach and will always work proactively with applicants to find solutions which mean that proposals can be approved wherever possible. Blaby District Local Plan (BDLP) (1999) Although the Blaby District Local Plan (Core Strategy) Development Plan Document (2013) has been adopted a number of policies from the Blaby District Local Plan (1999) continue to be saved. The following policies are of relevance to this application. Policy C2 – Other Development in the Countryside Indicates that planning permission will not be granted for development which would have a significantly adverse effect on the character and appearance of the landscape. It goes on to suggest that planning permission will be granted for small scale employment and leisure development (including dwellings essential for these needs) provided it does not have an unduly detrimental impact on amenities or the character and appearance of the area. Policy T3 – Highways Standards Parking and Service Provision Indicates that development involving the creation of a new access will only be granted consent if it provides adequate facilities for pedestrians and safeguards the environment.
Policy T6 – Off Street Parking Provision States that new residential development should accord with the adopted car parking standards of the District Council. Policy CE22 – Landscaping States that planning permission will be granted for development which takes into account and retains landscape, ecological or geological features, incorporates landscape and planting to assimilate the development into its local landscape and ecological context and provides a landscape edge where it adjoins countryside.
Other Material Considerations
Principle of the Development of the Site The general principle underpinning planning is a presumption in favour of sustainable development unless there are any material considerations which indicate otherwise. An important material consideration is the degree to which the proposal accords with the Polices and aims of the Development Plan. Kirby Muxloe is located within the Principal Urban Area (PUA). The PUA is considered to be the most sustainable area in the District and the most suitable location for providing the Districts housing distribution as set out in Policy CS5 of the Core Strategy.
The housing requirements for the District derive from the Core Strategy which seeks to ensure housing needs are met in the most sustainable way through the principle of “urban concentration”. Between 2006 and 2029, the District of Blaby should provide a minimum of 8,740 houses. Of the 8,740, at least 5,750 houses should be within or adjoining the Leicester PUA. This leaves at least 2,990 houses to be provided in areas outside the PUA (the non-PUA) (Policy CS1). Within this context, Policy CS5 identifies a combined minimum target of 5,750 houses (2006-29) for the settlements that derive the PUA. Against this target some 5,604 houses have been built or committed (1st April 2014), leaving a remaining balance of 146 houses. The proposal contains a maximum of 88 houses and would not exceed the minimum housing target for the PUA. Given the above, it is considered that under Policy CS5 of the Core Strategy, this site is located on the edge of the most sustainable area for development in the District (the PUA). It is therefore considered that the principle of the development complies with the NPPF and Policy CS1 - Strategy for locating new development and Policy CS5 – Housing Distribution. As the site is considered to be in a sustainable location the NPPF suggests there should be a presumption in favour of the development. This presumption in favour of development must however be weighed against all other material considerations before the application can be determined. Impact on the Character and Appearance of the Area: The site is located outside of the defined limits to development within open countryside. One of the 12 core principles of the NPPF recognises the intrinsic character and beauty of the countryside. In addition, Policy CS18 – Countryside - indicates that planning permission will not be granted for built development, or other development which would have a significantly adverse effect on the appearance and character of the landscape. It is acknowledged that the proposal would introduce built development onto the site, and result in the loss of its current largely undeveloped character.
Policy CS18 goes on to say that the need to retain Countryside will be balanced against the need to provide new development (including housing) in the most
sustainable locations. The site is located within a section of countryside adjacent to a curved settlement edge with residential dwellings to the north and east. It would partly infill the curved edge to a degree and would relate to the existing built form rather than projecting out incongruously beyond a clearly defined pattern of development. It is not considered, given the limited extent of the proposed development and its relationship to the surrounding built form, that the landscape visual impact would unduly harm the intrinsic character of the surrounding countryside, particularly given the extent of the open countryside to the west of the site, to a degree which would outweigh the presumption in favour of development in sustainable locations and the thrust of Policies CS2 and CS5 of the Adopted Core Strategy 2013. Whilst the 1999 Local Plan Policy C2 – Other Development in the Countryside – is more restrictive and promotes only small scale development in the countryside it is considered that this Policy is out of date when compared to the thrust of the NPPF and this Policy has therefore been given less weight than Core Strategy Policy CS18.
The proposed residential development would be in-keeping with the residential character of the adjacent settlement to the north and east. Whilst there are a number of bungalows which border the site it is not considered that a development of predominantly 2 storey properties would be wholly out of keeping given the concealed nature of the site from the surrounding street scenes. Design and Residential Amenities: The indicative scheme shows a layout which incorporates open space features along the east side of the development between the proposal and the existing properties off Barry Close and Barry Drive. This would provide a minimum separation distance of approximately 44 metres between the existing and proposed dwellings. As this is above the 21 metre minimum separation distance it is considered that the proposal could be built without impacting on the residential amenities of the adjacent properties off the two adjacent streets. In addition the separation distance between the closest of the 3 dwellings to the north of the site at 30 metres is considered to be acceptable. The closest residential property to the development as shown on the plan is the Lower Forest Farm Dwelling which would be 22m from the closest dwelling within the development. This is also considered sufficient to avoid any undue impact on the residential amenities of the existing property. In addition the design also makes provision for open space and sustainable drainage features and the developer is aware of the preferred housing mix and affordable housing contribution that will arise from the development these elements will be secured through conditions and the S106 Agreement. Whilst it is understood that the proposed layout is only indicative and the parameters may change it is considered that the plan adequately demonstrates that a development of this size can be accommodated on the site without causing material harm to the residential amenities of neighbouring properties. It is therefore
considered that there is nothing to suggest that the proposed development could not adequately comply with the principle of Policy CS2 – Design – when the reserved matters application is submitted and Policies C7 – Affordable Housing, CS8 – Mix of Housing and CS22 - Flood Risk Management. Highways Implications: One of the main areas of concern raised by local residents was the highways implications of the proposal, particularly with regard to increased traffic congestion on local roads, the impact of construction vehicles travelling through the residential estate and the use of a computer model to estimate increased traffic movements. The County Council’s Highways Department has assessed the supporting highways documentation, which includes a transport assessment and travel plan, and has raised no objections to the proposal subject to the conditions set out above. Whilst it was acknowledged that the proposal would increase traffic, the expected generation was less than 30 peak hour trips at each relevant junction which, given the overall number of traffic movements per hour was considered to be minimal. The County Highway Authority has also stated the following: “The Transport Assessment demonstrates that the development is unlikely to have a significant impact on queuing or delays at any of the assessed junctions. Whilst it is acknowledged that the development will cause additional delays/queues at the B5380/Ratby Lane & Kirby Road/B5380/A46 roundabouts, the impact is small and in any case major improvements are proposed here as part of the Glenfield Park proposals. The Maytree Drive/A47, Beggars Lane/ A47 & Kirby Lane/A47 junction have not been assessed in the Transport Assessment because it has been determined that the development would generate less than 30 peak hour trips at these locations which is below the threshold for a detailed assessmernt, there is no reason to disgaree with this position. In terms of the Kirby Lane/A47 junction, improvements are proposed here as part of the New Lubbesthorpe development. Furthermore, it is worth noting that s106 monies were secured from the New Lubbesthorpe development for the implementation of traffic calming measures on Barry Drive and Maytree Drive. The site is well located in terms of access to local services, facilities and public transport and as such, the Highway Authority has no objection in principle to the proposed development.” and; “The base data used to inform the submitted transport assessment was taken from the Leicestershire County Council’s County Wide Transport model known as the LLITM. The LLITM is intended to provide land-use and transport forecasts to support planning decisions across a range of activities, from strategic policy to the appraisal of specific schemes and providing an assessment of the transport impacts of individual developments. Such future forecasts reflect changes in land-use, infrastructure, economic assumptions and transport policies. The model is based on data drawn from roadside interviews, public transport
surveys, a household survey and planning data. Collectively these provide a picture of how, when and why travel is made today across Leicestershire and beyond. This, taken together with a description of the highway and public transport networks, is used to establish travel conditions. The use of the Leicester & Leicestershire Integrated Transport Model (LLITM) provides the best opportunity to assess the development proposals as they stand and undertake testing of the effectiveness of potential supporting infrastructure. The need for detailed outputs is particularly important, not just in terms of testing physical solutions, but also in relation to travel plan and smarter choice measures and the derivation and targeting of modal shares. The application of area-wide transportation models is qualified in the Department for Transport Guidance on Transport Assessment (2007) which recommends the agreement of applying area-wide traffic models at the pre-application stage to assist in providing the basis of the assignment of development traffic. The LLITM has been constructed in compliance with the Department for Transport’s Transport Analysis Guidance standards and is continually updated and maintained to ensure accuracy.” The proposed access to the site would be via the estate roads which lead off Station Road and Hinckley Road. The Highways Authority concluded that the estate roads are adequate to cope with construction traffic and that the access off Barry Close and the Barry Close / Barry Drive Access met with their requirements and has stated the following; “In terms of access, Barry Drive currently serves 4 properties but is built to modern standards with a 5.5 metre carraigeway and continous footways along both flanks. In accordance with the standards set out in the 6Cs Design Guide, a road of these dimensions is capable of accommodating between 50 and 400 dwellings. The proposal is also in accordance with Table DG1 of the 6Cs Design Guide which stipulates a limit of 150 dwellings off a single point of access. Visibility at the Barry Close/Barry Drive junction complies to the standards set out in the 6Cs Design Guide.” The use of the estate roads is not wholly unusual and, with the implementation of a construction management plan to control the direction of construction traffic, ensure wheel cleaning facilities are provided and detail the location of the on site management areas, it is concluded that the nature of the access is acceptable and the impact of the construction traffic would not be sufficiently detrimental to warrant the refusal of the application. The Highway Authority concludes as follows; “In view of the above, it would not be possible for the Highway Authority to demonstrate that the proposals would have a ‘severe’ impact on the local road network which is the requisite test set out in the NPPF.” The comments of the Highways Authority also included those of the Rights of Way officer and has resulted in proposed improvements to the public footpath which will see it rerouted to the opposite side of 5 Barry Close within the site and see
improvements to the quality and width of the path. The Rights of Way Officer has stated the following; “The improvement of V82 is welcomed as this will encourage greater levels of walking and subject to a change of status, cycling too. A Formal Right of Way will need to be created and dedicated alongside the balancing pond located close to the eastern site boundary.” Given the comments above it is considered that the proposal would comply with the requirements of the County Council’s Highways Department, Policies CS10 Transport Infrastructure of the Core Strategy and Policy T3 – Highways Standards Parking and Service Provision of the Local Plan 1999 as well as the NPPF and is acceptable in this regard. Ecological Implications: The proposal would involve the development of a section of the open grassland in the southern section of the site. The development area measures approximately 3.4 hectares, approximately 1.9 hectares of which is the land designated as a Local Wildlife Site. In addition the application proposes to carry out works to the Willow Woodland LWS which includes the removal of a number of trees including 6 around the site access.
Policy CS19 indicates that the Council will seek to resist proposed development on, or affecting an LWS, where the development could be alternatively located in less biodiverse / geologically sensitive areas. Where there are no alternative sites available, the designated sites should be retained with appropriate buffering and mitigation measures put in place to avoid/reduce any adverse impacts resulting from the proposal. Where this is not possible, compensatory measures should be sought, including the provision of replacement habitats. The Policy also states that the Council will work closely with national and local wildlife organisations, local communities and landowners in order to ensure the creation and designation of new wildlife sites and the identification, restoration, protection and enhancement of existing sites and new priority habitats, where appropriate opportunities arise. The Council will explore the potential for new “Local Wildlife Sites” in association with major development. LWS’s were previously known as “SINCs” or Sites of Importance for Nature Conservation, and are the current system of local nature conservation site designation used in Leicester, Leicestershire and Rutland. They require the landowner’s written consent to designate them. As it is only a local designation the areas are not statutorily protected which means that the landowner can carry out works to the land, such as ploughing, without requiring planning permission. Given that the wildlife value of the grassland site can be removed by such works at any time it is considered that there is a significant ecological gain to be had in securing the remaining 4.4 hectares of the land which will be offered up for adoption by either the Parish Council or the District Council. This would offer the long term protection of this land which could be managed in such a way to create a larger LWS grassland site than the land that is being lost. It would include the adoption of the majority of
the Willow Woodland LWS site. The County Council’s Ecology Section has considered the ecological and arboricultural assessments submitted in support of the application and has raised no objections to the proposal given the mitigation measures proposed and the ecological gain that will result from the transfer of the remaining 4.4 hectares of the site as public open space which can be protected in the long term. Conditions have been requested which require surveys of the trees to be removed prior to felling and the submission of a Landscape and Ecological Management Plan (LEMP). The LEMP would set out measures to enhance and maintain the retained and newly created habitats and would be produced and agreed in writing by the Local Planning Authority in consultation with the County Councils Ecology Department. The woodland area is protected by a Tree Preservation Order. The County Council’s Arborist has assessed the proposal and considered the impact of the removal of the trees on the importance of the woodland. No objections have been raised to the proposal subject to a number of recommendations regarding the future protection of a number of trees on the site and the proximity of development. The applicant is aware of these recommendations and they will need to be incorporated into the landscape plan which will include final details of the layout and tree protection measures. The applicant has already confirmed that that there will be no proposals for lighting within the LWS woodland or along the public footpath which crosses the site. The issue of lighting in general within the application site (along with any other detailed design matters) can be addressed through the production of the LEMP to be agreed with the County Ecologist at Reserved Matters. This could take the form of establishing dark unlit areas, or reducing the impact of lighting through design measures such as timers and cut-off features. It is considered that the ecological gain that is offered by the adoption of the remaining site and the fact that the LWS designation does not offer any statutory future protection means that, on balance, the benefits of the scheme in ecological terms outweighs the conflict with Policy CS19 in this instance. With the incorporation of the mitigation measures proposed it is considered that this would reduce the adverse impact of the proposal to a degree that would make it acceptable. As the proposal would incorporate improvements to the open space and create access to the woodland and allow the creation of a public open space the proposal is also considered to comply with Core Strategy Policy CS14 – Green Infrastructure and Policy CS 15 – Open Space Sport and Recreation. Impact on the Railway Crossing Concern has been raised over the proximity and relationship of the development to the Railway track and the dangers created by the increased usage of the crossing by pedestrians. Network Rail originally had concerns over such an increase with regard to the improper use of the vehicular access gates which have been left open encouraging pedestrians to cross without checking the traffic light system. Having assessed the estimated increased level of pedestrian traffic set out in the Transport Assessment, Network Rail have removed their objection given that the proposal would generate only 6 two way pedestrian trips and 2 two way cycle trips during AM
hours and 5 two way pedestrian trips and 2 two way cycle trips during PM hours. This has also been partly influenced by the proposals incorporation of an access route from the 3 existing central dwellings into the development which would offer an alternative route not involving the crossing. This route would be controlled by bollards which would prevent occupants of the new development from directly accessing the crossing and increasing vehicular movements. In addition, the developer has agreed to part fund additional safety improvements to the crossing including linking the closure of the vehicular gates to the red lights on the pedestrian crossing which would ensure the vehicle gates would be locked simultaneously with the appearance of a red light on the pedestrian crossing. Given the above comments from Network Rail it is not considered that the proposal could be refused on the grounds of the potential danger created by the increased use of the access. Archaeological Implications Policy CS20 states that the Council takes a positive approach to the conservation of heritage assets and the wider historic environment. An archaeological assessment has been submitted with the planning application and this has been reviewed by the Planning Archaeologist at Leicestershire County Council. Further trial trenching and archaeological investigations have been requested by the Planning Archaeologist prior to approval. The Government’s Planning Practice Guidance and Core Strategy Policy C20 both provide that field evaluation may be appropriate where necessary, but neither is prescriptive as to when this should be carried out. The Practice Guidance advises that where an initial assessment indicates that the site includes or has potential to include heritage assets with archaeological interest, applicants should be required to carry out a field evaluation. The archaeological assessment carried out indicates that the archaeological potential of the site is low. However, it is considered that an appropriate field evaluation is necessary on the basis of the advice of the Planning Archaeologist requiring that this is carried out prior to the submission of the reserved matters application by a condition, rather than in advance of the determination of the outline application, would be a proportionate response to the archaeological potential of the site. The applicants have agreed to this balanced approach. Wind Turbine The indicative layout plan incorporates an exclusion zone to account for the recent approval of a 22 metre high wind turbine recently approved on the sites boundary in the grounds of The Links. Whilst the buffer would have to be increased slightly to account for the fall distance it shows that the developer has accounted for the approval and will incorporate it into the detailed plan. Given the orientation of the site in relation to the turbine and the path of the sun it is considered that the impact of the turbine can be adequately mitigated.
Infrastructure, Services, Facilities to Support Growth and Planning Obligations: Policy CS11 indicates that new developments should be supported by the required physical, social and environment infrastructure at the appropriate time. Policy CS12 seeks to ensure that the requirements for infrastructure, services and facilities arising from any development will be sought in accordance with the Council’s latest Planning Obligations and Developer Contributions SPD. Conclusion: The three dimensions of sustainable development have been considered (economic, social and environmental) as set out in the NPPF and the proposal would provide housing contributing to the quality and choice of housing in the District. In addition, the proposal will help meet the identified housing need for the PUA which is recognised as being the most sustainable area for development by the Core Strategy. All technical constraints with regard to the development of the site can be satisfactorily controlled by conditions. It is therefore considered that, on balance the proposal is acceptable in planning terms for the reasons set out above. Accordingly, this application is recommended for approval. ____________________________________________________________________________________________________________________________
14/0178/1/PX Registered Date Abraham Properties LLP 21 February 2014
Erection of pair of semi-detached dwellings with associated garages, parking and amenity space –
Land south of 28-32 The Roundhills, Elmesthorpe Report Author: Ian Davies Development Management Team Leader Contact Details: Council Offices. 0116 272 7688 RECOMMENDATION THE APPLICATION BE GRANTED SUBJECT TO THE APPLICANTS ENTERING INTO EITHER A SECTION 106 AGREEMENT OR UNILATERAL UNDERTAKING TO SECURE THE FOLLOWING:-
1. Off-site open space maintenance contribution.
And subject to the imposition of the following conditions: CONDITIONS 1. Statutory time condition – 3 Years. 2. Permission relates to amended plans. 3. Materials to be agreed in writing. 4. Scheme for foul and surface water drainage to be submitted. 5. No additional windows to be constructed in side elevations. 6. First floor windows in side elevations to be obscurely glazed. 7. Finished floor levels to be submitted and agreed. 8. Permitted development rights for extensions to the dwellings removed. 9. Car parking to be provided in accordance with submitted plans. 10. Access drive to be hard surfaced. 11. On site turning facilities to be provided in accordance with submitted plans. NOTES TO COMMITTEE Policy National Planning Guidance National Planning Policy Framework (2012) Blaby District Local Plan (Core Strategy) Development Plan Document (February 2013)
Policy CS1 – Strategy for locating new development Policy CS2 – Design of new development Policy CS5 – Housing distribution Policy CS12 – Planning obligations and developer contributions Policy CS24 – Presumption in favour of sustainable development. Blaby District Local Plan (BDLP) Policy R1 – Primarily Residential Areas Blaby District Council Planning Obligations & Developer Contributions Supplementary Planning Document (2010). Consultations Blaby District Council Waste Operations Manager – No objections but comments that the bin presentation point will need to be located near to the site entrance. Elmesthorpe Parish Council – Objects for the following reasons: “1) Access is off a hammerhead at the top of The Roundhills, and is via a narrow single track private drive. Following representations from Parishioners, the Parish Council would like the width of this private drive to be measured as there appears to be a difference of opinion regarding its actual width. The Parish Council has concerns about the suitability of the drive in terms of access for emergency vehicles. 2) Looking at access from the drive to Plot 1, this is a turn of 90 degrees, so regardless of whether vehicles are moving forward or reversing, they would be doing so with restricted visibility. 3) The Parish Council would like the design and appearance of any proposed development on this site to be fully in keeping with or similar in appearance to other nearby properties. 4) In the event of planning permission being granted, the Parish Council would wish access for construction traffic to be restricted on a timed basis (8am – 4pm) as the proposed development is within an existing residential area. The Parish Council would also like the issue of where construction traffic is to be parked to be addressed due to the restricted capacity in The Roundhills.” Leicestershire County Council Highways – Has no objections subject to the imposition of highway conditions. Severn Trent Water - No objection subject to the inclusion of a standard condition requiring drainage details to be submitted and agreed. Third Party Representations 36 letters of objection have been received against the proposal. These
representations raised the following issues:
• Overdevelopment of site;
• Concerns over the traffic impact and congestion;
• Noise and disturbance;
• Overlooking;
• Loss of light;
• Dwellings are too tall;
• Overshadowing;
• Out of character with the surrounding area;
• Impact on local services;
• Drainage concerns;
• Permission should be granted for bungalows only;
• Too close to existing dwellings;
• Problems with waste collection;
• Problems with emergency access;
• Impact on wildlife.
Relevant History None. EXPLANATORY NOTE The Proposal This application for full planning permission proposes the erection of 1 pair of 3 bedroom semi-detached dwellings. The dwellings are 2 storey, but when originally submitted they were proposed to be 3 storey (the 2nd floor being in the roofspace) with 4 bedrooms. Each property will have a single garage and a driveway capable of accommodating in total 3 off-street car parking spaces per dwelling. Space has also been provided within the site for the turning of vehicles. The application site was previously in use as a Council owned car park, however that use ceased a number of years ago and the land has sat vacant since that time. The application site lies within the built-up area of Elmesthorpe and is surrounded by 2 storey residential properties. The proposed development will utilise the existing vehicular access to the garage courtyard. When the application was initially submitted, your officers were concerned about the height of the proposed dwellings (9.8m to ridge, and 5.1m to eaves) and the fact that they were 3 storey (albeit with the upper rooms being in the roofspace). Accordingly, your officers requested that the upper floor be deleted and the height of the dwellings reduced. In addition, the applicant was requested to re-site the dwellings further back into the site to ease access to the on-site parking spaces. The applicant has amended the proposals in accordance with the request from Officers and the dwellings are now proposed with a ridge height of 8.5m and 4.8m to eaves. Planning Considerations
Section 38(6) of the Town and Country Planning Act, 1990, requires planning applications to be determined in accordance with the provisions of the Development Plan unless there are other material considerations which indicate otherwise. This section of the report will first consider the proposed development against the policy background and then consider any other material considerations. There are a number of themes which run through national guidance as expressed in the National Planning Policy Framework and these are generally in line with local policies expressed through the Development Plan. Key themes in the case of this application are that new development should be sustainable and previously developed land should be developed before greenfield sites come forward. National Planning Guidance National Planning Policy Framework This essential national policy framework establishes the key principles for proactively delivering sustainable development through the development plan system and the determination of planning applications. The emphasis is that development plans allow for development of sufficient housing in sustainable locations and that new development is of good design. It also sets out the planning approach that the Government wishes to see in relation to many aspects of the planning system, including housing delivery - with the golden thread running through the decision making process being the presumption in favour of sustainable development. It suggests that in decision-taking, this means approving development proposals that accord with the development plan without delay; and, where the development plan is absent, silent or relevant policies are out of date, to grant permission unless:
• Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against policies in the NPPF taken as a whole; or
• Specific policies in the NPPF indicate development should be restricted. The location of this development is within the built-up area of Elmesthorpe and utilises previously developed land. Therefore given its location and its former use as a garage courtyard, the proposal is in line with guidance in the NPPF. DEVELOPMENT PLAN Blaby District Local Plan (Core Strategy) Development Plan Document (2013) The adopted Core Strategy (February 2013) is now part of the Development Plan for the district of Blaby and the following policies are relevant to the proposed development: Policy CS1 – Strategy for Locating New Development
Policy CS1 seeks to focus new housing development in the most sustainable locations in the district, primarily within the principal urban area (PUA) of Leicester and more sustainable towns and villages. Elmesthorpe, due to its limited range of employment opportunities, services and facilities is considered to be capable of only accepting a modest amount of new development. Policy CS2 – Design of New Development Policy CS2 seeks to ensure that a high quality environment is achieved in all new development proposals, respecting distinctive local character and the design of new development should also be appropriate to its context. Your officers consider that this scheme which proposes 2 storey residential development in an area characterised by existing 2 storey dwellings respects the context of the local area and accords with Policy CS2. Policy CS5 – Housing Distribution Policy CS5 aims to focus new development in the most appropriate locations, the District Council seeks to distribute housing by settlement in accordance with the figures contained within the Core Strategy. Elmesthorpe is noted as forming part of the Smaller Villages with a combined minimum housing requirement of 80 dwellings. Taking into account built and recently committed sites, the Smaller Villages has a residual housing requirement of approximately 15 dwellings. This current proposal will help meet that residual requirement. Accordingly, the proposal accords with Policy CS5. Policy CS12 – Planning Obligations and Developer Contributions Policy CS12 seeks to ensure that the requirements for infrastructure, services and facilities arising from any development will be sought in accordance with the Council’s latest Planning Obligations and Developer Contributions SPD. This proposal will generate the need to provide a financial contribution towards the maintenance of local play space/recreation facilities. The applicant has agreed to enter into a legal agreement in accordance with Policy CS12. Policy CS24 – Presumption in Favour of Sustainable Development Policy CS24 reflects the overarching principle of the NPPF that the Government wishes to see in relation to the planning system, including housing delivery - with the golden thread running through the decision making process being the presumption in favour of sustainable development. Policy CS24 requires that when considering development proposals the District Council will take a positive approach and will always work proactively with applicants to find solutions which mean that proposals can be approved wherever possible. Your Officers have worked with the applicant to ensure that the development accords with adopted policies and thus the development is in accordance with Policy CS24. Blaby District Local Plan (1999) Although the Blaby District Local Plan (Core Strategy) Development Plan Document
(2013) has been adopted a number of policies from the Blaby District Local Plan (1999) continue to be saved. The following policies are of relevance to this application. Policy R1 – Residential Development within Primarily Residential Areas This site is located within the settlement boundary of Elmesthorpe, which is an acceptable location for residential development, in principle, subject to the criteria set out in Policy R1. Your Officers consider that the development will accord with Policy R1 and will not be significantly out of keeping with the character of the area nor will it be significantly detrimental to the amenities of adjoining occupiers when weighed against the presumption in favour of sustainable development, as expressed in both the NPPF and the adopted Core Strategy. Policy T6 – Off Street Parking Provision Policy T6 states that new residential development should accord with the adopted car parking standards of the District Council. In terms of this proposal, this scheme would result in the need for 4 car parking spaces. This scheme accords with, and exceeds, the adopted car parking standards of this Council as required by Policy T6. Other Material Considerations Planning applications must be determined in accordance with the provisions of the Development Plan unless there are material considerations which indicate otherwise, and whether those material considerations are of such weight that the adopted policies of the Development Plan should not prevail in relation to any proposal. In addition to the policy considerations set out above, there are two substantive material considerations that relate to the development of this site, which are:
- Design and Layout; - Highway Considerations.
Design and Layout The submitted scheme has been designed to respect and improve on the character of the adjoining two storey properties whilst retaining an acceptable spatial separation from those properties. Given the fact that the surrounding area is characterised by 2 storey dwellings and having regard to the pattern of existing development in the wider area it is not considered that the erection of 2 storey properties on this site in itself merits a reason for refusal. Your Officers are of the opinion that the scheme, incorporating the amendments to the height of the buildings and their positioning, and subject to the conditions to be imposed, is the most appropriate compromise to ensure that this development can be permitted and the best use made of this previously developed land, in accordance with the national presumption in favour of sustainable development. The concerns of both the Parish Council and residents are noted, however, your Officers consider that there are no robust and defendable reasons for refusal of this
application on loss of privacy or overbearing grounds given the spatial separation and orientation of the buildings within the site. Highway Considerations Concern has been raised by both the Parish Council and residents in relation to highways matters, namely the traffic generated by the development and the safety of using the access. The Leicestershire County Council has raised no formal objections to this proposal and are satisfied that the existing access and road network could safely accommodate the traffic that would be generated. As stated previously, the adopted car parking standards of the District Council require 4 off-street car parking spaces to serve this development. The scheme demonstrates that 6 off-street car parking spaces can be provided, with space to turn on the site and leave in a forward manner. Accordingly the scheme complies with the adopted standards of the Council. In relation to access for emergency services, this aspect of the development is governed under the Building Regulations, and is not a matter for consideration under the planning merits of the scheme. In terms of access for refuse vehicles, and whereas this also is not a matter for consideration under the planning merits of the scheme, Members should note that the Council’s Waste Operations Manager has raised no formal objections to this scheme, and has only raised a concern relating to the position of the bin collection/presentation point within the site. For information, the submitted plans do show a bin store/collection point being provided at the entrance to the site. The scheme is therefore considered to be acceptable in relation to highway matters. Conclusion There are two key issues in the determination of this planning application, namely the current policy position and any other material considerations. The policy position is that the site lies within the built-up area of Elmesthorpe where the principle of residential development is acceptable. The proposal will utilise previously developed land and will meet identified housing need for the Smaller Villages as set out in the Core Strategy. The principle of the development is therefore acceptable and accords with adopted policies. It is considered that the design and layout of the site including the proposed car parking provision is acceptable in relation to the character of the locality and in relation to the residential amenities of adjoining residents. The three dimensions of sustainable development have been considered (economic, social and environmental) as set out in the NPPF and the proposal would provide housing contributing to the quality and choice of housing in Elmesthorpe and the Smaller Villages as a whole.
Accordingly, this application is therefore recommended for approval subject to the proposed conditions and signing of the legal agreement as detailed above. ____________________________________________________________________________________________________________________________
14/0356/1/PX Registered Date Crematorium 7 April 2014 Management Ltd
Change of use of land to form new crematorium with ancillary book of remembrance building, floral tribute area, memorial areas, garden of remembrance and associated parking and infrastructure –
Land off Welford Road, Kilby Report Author: Matt McConville, Major Schemes Officer Contact Details: Council Offices. 0116 272 7730 RECOMMENDATION THE APPLICATION BE REFUSED FOR THE FOLLOWING REASON: 1. The proposal, if permitted would result in an unacceptable increase in traffic
turning, some (slow moving) onto or off an unlit section of class I road in an area remote from main development and where traffic speeds are generally high. Such an increase would be to the detriment of highway safety. Given that the proposal would create unacceptable highways dangers which can not be overcome it is considered that the proposal would fail to comply with Policies IN4 and IN5 of Leicestershire County Council’s 6C’s Design Guide. In addition, the fact that no improvements can be undertaken to limit the significant impacts of the development to a degree that would make it acceptable, making it unfeasible to achieve a safe and suitable access to the site from Welford Road, would also indicate that the proposal fails to comply with Part 4 of the National Planning Policy Framework 2012.
Relevant Planning Policy National Planning Policy Framework (NPPF) (March 2012) National Planning Policy Guidance Blaby District Local Plan (Core Strategy) Development Plan Document (February 2013) Policy CS1 – Strategy for locating new development Policy CS2 – Design of new development Policy CS10 – Transport Infrastructure Policy CS18 – Countryside Policy CS19 – Bio diversity and Geo diversity Policy CS22 – Flood Risk Management Policy CS24 – Presumption in favour of sustainable development Blaby District Local Plan (BDLP) (1999)
Policy C2 – Other Development in the Countryside Policy T3 – Highways Standards Parking and Service Provision Policy T6 – Off Street Parking Provision Other Supporting Documents Crematorium Act 1902 Department of the Environment Guidance – The siting and Planning of Crematoria 1978 (as amended) – LG1/232/36 Consultations Countesthorpe Parish Council: No observations Environment Agency No objections subject to conditions requiring the submission of a sustainable surface water drainage scheme and potential on site contamination mitigation measures. Kilby Parish Council: Object to the proposal on the following grounds:
• The Core Strategy does not identify any sites for crematorium facilities whereas another has. (Harborough District);
• The County Council’s preference for the site may partially be driven by the desire to dispose of land for financial gain;
• There are two other existing approvals within the same part of the County;
• The applicant reported in the Leicester Mercury that their scheme was unanimously supported by Kirby parishioners is untrue – the objection reflects the unanimous views of residents;
• Conflicts with Policy CS18 which aims to protect Countryside – does not provide significant employment activities and is not of a limited small scale;
• Should be located on the fringes of a town not in such an open rural landscape;
• The average number of services per day (4.5) will not be commercially viable activities likely to expand;
• No access by public transport facilities – no footway along A5199;
• Access is sited on a bend and is dangerous;
• Overtaking of funeral corteges will create risks;
• The junction at Spinney Road is substandard;
• Public consultation was not comprehensive or effective – leaflet put through doors did not state the date or time of the event.
Leicestershire County Council, Archaeology No objections subject to conditions requiring the submission and approval of a programme of archaeological work and the implementation of the measures recommended. Leicestershire County Council, Ecology No objection subject to conditions:
• Development in accordance with landscape layout plan NPA/10712/300/P03; • Site clearance/hedge/tree removal outside bird-nesting season; • Pre commencement badger survey check; • Pre-commencement Bat check of trees to be removed; • Use of locally native species of trees, shrubs and herbaceous material only
(this site is in the middle of the countryside, and it is not appropriate to plant non-native species);
• Provision of bird and bat boxes; • Creation of wildflower meadow using locally native species; • The SUDS/drainage feature to be designed to optimise wildlife value; • Pre-commencement submission of management plan for wildlife habitats.
Leicestershire County Council, Highways: The proposal, if permitted would result in an unacceptable increase in traffic turning some (slow moving) onto or off an unlit section of class I road in an area remote from main development and where traffic speeds are generally high. Such an increase would be to the detriment of highway safety. Severn Trent Water: No objections subject to the submission and approval of surface and foul sewage drainage details. Third Party Representations 84 Letters of support have been received raising the following points: The large majority of the letters were from residents of Countesthorpe:
• The size of the site and the building is more suitable;
• The access is better than the Countesthorpe proposal;
• The site is better than the Countesthorpe proposal;
• It overcomes all of the issues associated with the Countesthorpe and Great Glen proposals;
• Westerleigh have an excellent reputation;
• The car parking provision is better than the Countesthorpe proposal;
• The Countesthorpe proposal is too small, on a site that floods and a dangerous bend;
• The site is well away from residential properties;
• The proposal will not impact on local communities;
• Mourners would not have to access the site via a residential area;
• It will create a much more peaceful and tranquil environment;
• The parking incudes coach parking. 122 Letters of Objection have been received raising the following issues:
• The site is not designated in the local plan for re development;
• Conflicts with Planning Policy;
• NPPF includes cemeteries as an exception building but not crematorium;
• Alternative Brownfield sites should be considered – loss of farmland;
• Impact on the amenities of the recently planted woodland to the east of the site;
• Not up to the market to determine;
• Loss of a mature oak tree on the entrance;
• Significant increase in traffic through the village – increase accidents;
• Foston Road / Welford Road junction is very poor;
• The majority of the comments supporting the proposal are from Countresthorpe Residents – comments should be null and void as there is a conflict of interest.;
• The proposal will dominate the surrounding landscape and reduce the enjoyment of the countryside;
• Will impact on the local water course and air quality;
• No access by public transport;
• Cyclists are advised by the Police not to cycle long Foston Road;
• Location in Countesthorpe next to the existing cemetery is an ideal spot;
• Increase the risk of flooding;
• Proposed 4 – 5 services a day is the thin end of the wedge. Relevant History App No: 13/0471/1/PX Dev Erection of single storey building and change of use of land to form
new crematorium with associated car parking and access road and garden of remembrance and provision of car park for adjacent cemetery - Land adjacent Countesthorpe Cemetery, Foston Road, Countesthorpe
Outcome Refused by Committee – Appeal Allowed - High Court Date 11/12/13 06/03/14 Challenge Lodged A second Crematorium facility was allowed by the Planning Inspectorate on the outskirts of Great Glen in Harborough District. This decision was made after the Countesthorpe Crematorium was allowed. EXPLANATORY NOTE The Site The site is located within open countryside to the east of the A5199 (Welford Road) approximately 700 metres to the south of the Kilby settlement. The open 5 sided agricultural field has an area of approximately 5.7 hectares. The prominent site slopes eastwards from Welford Road which is on a higher level and allows a view across the entire site. Fleckney Road is sited approximately 250 metres further to the east of the site. The site is surrounded by mature hedgerows including a 1m high landscaped boundary hedge to Welford Road. The boundary hedges to Fleckney Road are approximately 1.5 to 2 metres high. The hedgerows contain a limited number of mature trees. The Proposal
The application proposes the erection of: A 112 seat crematorium building including a ceremony room, a viewing room, a viewing area and a porte cochere entrance. The building would be constructed in 2 rectangular blocks and would have a maximum depth of 37 metres a width of 23 metres and an overall height to the ridge of 7.86 metres. The chimney would project 1.3 metres further above the ridge. In addition to the 112 seat chapel the building would contain all of the ancillary accommodation associated with such a facility including a cremator room, a waiting room and associated offices. A curved floral tribute building to the east of the main building measuring 3.8 metres in height by 5.8 metres in width. A book of remembrance building is also proposed to the east of the floral tribute building. This would have a maximum depth of 4.6 metres, an approximate width of 10.2 metres and an overall height of approximately 3.8 metres. This building would also contain a washroom and toilets. Parking for up to 79 cars would also be provided in addition to the highways infrastructure needed to access the car park. The infrastructure would be suitable for coach parking. The submitted scheme also includes an extensive landscaping scheme which proposes additional planting and creation of a bund to help assimilate the proposal into the landscape. The submitted supporting information suggests that the facility will typically have an average of 4 to 5 cremations a day with services spread between 10:30am and 4:30pm. As the opening hours for services are likely to be between 0900 and 1700 hours Monday to Friday the number of services per day could rise above this (8 to 10) once the facility is operating at capacity. The access would be directly off Welford Road approximately half way along the west boundary. The location has been chosen to maximise the visibility splays and would allow the creation of a dedicated right hand turning lane. Providing the access in the safest location will require the removal of a mature oak tree located within the boundary hedge. The landscape plan details additional planting of two Oak trees within the western boundary to off-set the loss. NATIONAL PLANNING GUIDANCE National Planning Policy Framework (NPPF) (March 2012) Section 38(6) of the Town and Country Planning Act 1990, requires planning applications to be determined in accordance with the provisions of the Development Plan unless there are other material considerations which indicate otherwise. This section of the report will first consider the proposed development against the policy background and then consider any other material considerations. There are a number of themes which run through national guidance as expressed in the National Planning Policy Framework and these are generally in line with local
policies expressed through the Development Plan. DEVELOPMENT PLAN Blaby District Local Plan (Core Strategy) Development Plan Document (2013) The adopted Core Strategy (February 2013) is now part of the Development Plan for the District of Blaby. It is an up-to-date plan that is consistent with National Policy and therefore, should be given full statutory weight. The following policies are the most relevant to the proposed development. Policy CS1 – Strategy for Locating New Development - seeks to focus new housing development in the most sustainable locations in the district, close to the principal urban area (PUA) of Leicester and more sustainable towns and villages. Policy CS2 – Design of New Development - seeks to ensure that a high quality environment is achieved in all new development proposals, respecting distinctive local character and contributing towards creating places of high architectural and urban design quality. The design of new development should also be appropriate to its context. Policy CS10 – Transport Infrastructure - indicates that the District Council will seek to reduce the need to travel by private car by locating new development so that people can access service and facilities. Policy CS18 – Countryside seeks to prevent inappropriate development within the countryside. The Policy states that planning permission will not be granted for built development, or other development which would have a significantly adverse effect on the appearance or character of the landscape. However, the Policy goes on to state that the need to retain Countryside will be balanced against the need to provide new development (including housing) in the most sustainable locations. Policy CS19 - Bio-diversity and Geodiversity – indicates that the Council will take account of species and habitat protection in its decision making and work closely with national and local wildlife organisation. Policy CS22 – Flood Risk Management Indicates that the Council will ensure all development minimises vulnerability and provides resilience to flooding, taking into account climate change. This will be achieved by:
• Directing development to locations with the lowest risk of flooding;
• Using Sustainable Drainage Systems;
• Managing Surface Water Run Off;
• Closely Consulting the Environment Agency. Policy CS24 – Presumption in Favour of Sustainable Development reflects the overarching principle of the NPPF that the Government wishes to see in relation to the planning system, including housing delivery - with the golden thread running through the decision making process being the presumption in favour of sustainable
development. Policy CS24 requires that when considering development proposals the District Council will take a positive approach and will always work proactively with applicants to find solutions which mean that proposals can be approved wherever possible. Blaby District Local Plan (BDLP) (1999) Although the Blaby District Local Plan (Core Strategy) Development Plan Document (2013) has been adopted a number of policies from the Blaby District Local Plan (1999) continue to be saved. The following policies are of relevance to this application. Policy C2 – Other Development in the Countryside - indicates that planning permission will not be granted for development which would have a significantly adverse effect on the character and appearance of the landscape. It goes on to suggest that planning permission will be grated for small scale employment and leisure development (including dwellings essential for these needs) provided it does not have an unduly detrimental impact on amenities or the character and appearance of the are Policy T3 – Highways Standards Parking and Service Provision – indicates that planning permission will only be granted for development involving a new access, road scheme or improvement if:
• Appropriate facilities for pedestrians and cyclists are provided; and
• Safeguards for living and working conditions and the environment are incorporated.
Policy T6 – Off Street Parking Provision - states that new residential development should accord with the adopted car parking standards of the District Council. Other Considerations Although the crematorium is not an employment use, it should be noted that this facility will provide rural employment opportunities, albeit at a very limited scale. Crematorium Act 1902 Provides guidance on the setting up and operation of crematoria. It states that, no crematorium shall be constructed nearer to any dwelling house than 200 yards (182.880m), except with the consent in writing of the owner, lessee and occupier of such house, nor within 50 yards (45.720m)of any public highway nor the consecrated part of a burial ground. Department of the Environment Guidance – The siting and Planning of Crematoria 1978 (as amended) – LG1/232/36 This document provides general advice for Local Authorities and applicants dealing
with crematoria proposals. The document sets out the main principles which should be observed in the planning of crematoria:
a. that the site is well suited for the building, and is accessible by public transport, and, normally, that all main services are available;
b. that the crematorium is so sited that its use does not have any material effect on the immediate neighbourhood;
c. that the layout of the site provides for the easy movement of vehicles to and from the building, and adequate parking space;
d. that the building should be so planned as to allow convenient circulation; e. that proper amenities are provided for those attending or working at the
crematorium; f. that the cremation room and its ancillary rooms and spaces comply with good
practices and permit cremation to be carried out in a reverent and dignified manner.
It also indicates that sufficient land is required to provide an appropriate setting for the crematorium and associated facilities and gives examples of sites between 2 and 4 hectares in size.
Other Material Considerations Identified Need: Whilst general planning policy offers support for such uses within the open countryside there is a general understanding that that there should be an evidence of need to justify the impact of such proposals, particularly where they are located within, and would therefore impact upon, the open countryside. Whilst this is not a overriding requirement which must be satisfied in order to justify an application for such uses it is a material consideration. The application was supported by a needs assessment exploring qualitative need (overall catchment area) and quantitative need (proximity of users with easier access to the new facility). Only one of these assessments has to justify need for the need for the facility to be accepted. The Institute of Cemetery and Crematorium Management has identified that local authorities with a population in excess of 150,000 can expect to construct and control a crematorium operating on a sound financial basis after loan repayments. This therefore established that a potential catchment of around 150,000 people within a 30 minute driving time is sufficient to prove a quantitative need. This reliable and informed guide has then been used to justify private crematoria and has been supported by inspectors at appeal. The qualitative need assessment has found that the catchment for this area is approximately 153,049 which is considered sufficient to justify the need in this instance particularly as the population of the area is likely to grow. Policy Principle – Siting within the Countryside: Development in the countryside is controlled by Policy CS18 Blaby District Local Plan (Core Strategy) Development Plan Document and Policy C2 of the Blaby District Local Plan 1999. The Planning Inspector who allowed the Crematorium
developments in Countesthorpe and Great Glen considered principle of such uses in the Countryside. “Policies CS18 of the CS and C2 of the LP seek to avoid development in the countryside which would adversely affect its appearance or character but say that some uses may be acceptable, notably small-scale employment and leisure schemes. While the objective behind these policies is similar I attach greater weight to the former because it is more recent and consistent with government policy in the National Planning Policy Framework (NPPF). The policies do not refer to a crematorium as an acceptable use although it would be a small employment activity and is one more likely to require a rural location because of the constraints imposed by the Cremation Act 1902. This stipulates that a crematorium should be a least 200 yards (183 metres) from any dwelling and at least 50 yards (46m) from a public highway. The Council also refers to Government guidance which explains that sufficient land is needed for crematoria including buildings, access roads and space for the disposal of ashes. Where more cremations are carried out it suggests additional land will be needed to dispose of ashes and refers to sites of 2 to 4 hectares gaining approval although it makes no recommendation for a minimum size of site.” The Inspector considered that these requirements reduce the likelihood of finding a suitable urban site, a conclusion which has been reached in a number of appeal decisions where inspectors have found a rural location to be acceptable. Your Officers see no reason to come to a different view in this instance despite the lack of access by public transport. It is therefore considered that the proposed development would not have so significant or adverse an impact on the character and appearance of the area to warrant the refusal of the scheme which avoids an unacceptable conflict with Policy CS18 of the Core Strategy 2013 which is offered more weight that the less up to date Policy C2 within the Local Plan. The design and layout of the development, including both the buildings and the landscape scheme, are considered appropriate given the need to balance the overall visual impact in its context against limiting the impact of the buildings and infrastructure in the landscape and is therefore considered to comply with Core Strategy Policy CS2 – Design of New Development and the requirements of the 1902 Crematorium Act. Context in the Light of Previous Decisions In determining to allow both the Countesthorpe and Great Glen appeals, the Planning Inspectorate made it clear that it should be left to the market to decide which facilities come forward. It was considered that that each application should have been judged on its own merits and that the adverse impacts of the developments did not outweigh the benefits. This was particularly the case with the Great Glen decision which was made in full knowledge of the existing approval for the cemetery in Countesthorpe. It is considered that the Council should therefore take the same approach to determining this application. The fact that works have commenced on the Countesthorpe Crematorium site is not considered to undermine the identified need for such a facility at this time given the outstanding High Court
Challenge and in the light of the Planning Inspectorates determination that the market should decide which facility comes forward. This suggests that it will be market forces following completion of the schemes which will determine the preferred site. The Planning Inspectorate has recognised that these types of uses are acceptable within open countryside as it is unlikely that suitable brownfield sites within, or on the edge of, existing urban areas could be found. The acceptability of the proposal therefore will have to balance the impact on the character and appearance of the countryside against the provision of a facility which has an identified need and is acceptable in such locations. It is recognised that the appearance of the site will be changed by the proposal with the introduction of landscaped bunding and generous tree planting. The character of the area is, however, varied with undulating levels with established hedges, the Kilby woodland and the Kilby settlement, farm buildings and the road network all visible from the site. Whilst the additional landscaping would change the character of the open agricultural field, and it would be visibly different from the fields immediately abutting the site, it is not considered that the imposed natural planting scheme or the buildings and infrastructure would materially harm character and appearance of the countryside to a degree that would warrant refusal of the application. The landscaping is required to adequately reduce the impact of the building on the character and appearance of the surrounding area. Highways Implications: In support of its objection to the application the County Councils Highways Section made the following comments: “The H.A has been clear with its pre-application advice to the applicant in terms of 6Cs policy and the unacceptability of a new direct access onto the A5199. Policies IN4 & IN5 of the 6Cs guide would be particularly offended. Additional turning traffic onto and off the A5199 at the location shown on the submitted plan would prove to be a source of danger. Vehicles about to leave the main road are bound to slow down in relation to the higher traffic speed of those staying on the main road, while vehicles joining the main road will take time to match the speed of traffic already on it. Tail end collisions can take place in these circumstances. Safety issues also arise in the case of an access that provides for a right turning movement across the opposing traffic flow. There is then the added hazard of collision between a faster moving vehicle and one that is effectively stationary. The concerns in relation to turning traffic movements are heightened when considering the nature of the traffic including slow moving funeral corteges, etc. It is not disputed that an appropriate DMRB compliant junction design could be engineered including a diverge lane which isn’t currently shown on the junction layout drawing. TD41/95 is a relevant design standard for high speed classified roads at locations such as this away from built up limits. It provides standards that must be achieved where an access has been granted consent / accepted in principle. Just because DMRB standards can be achieved this does not override the objection in principle.
The H.A do not consider that there are exceptional enough reasons to permit a departure from Policies IN4 & IN5 of the 6C’s design guide. The Policy exists to protect motorists in locations such as this from the hazards associated with new road junctions and slow moving / turning traffic. Although there is an identified need via Core Strategy for further Crematoria in South Leicestershire there is no exceptional circumstances before the H.A which says it has to be this site. This is especially so when considering committed Crematoria development in neighbouring Foston Lane, Countesthorpe and in Great Glen within the Harborough District.” In the light of the objection from the Highways Authority on the grounds that the proposal would create unacceptable highways dangers which can not be overcome it is considered that the proposal would fail to comply with Policies IN4 and IN5 of Leicestershire County Council’s 6C’s Design Guide. In addition, the fact that no improvements can be undertaken to limit the significant impacts of the development and it is not possible to achieve a safe and suitable access to the site off Welford Road would also indicate that the proposal fails to comply with Part 4 of the NPPF. It is not considered that there is a sustainable reason to refuse the proposal on the grounds of access to public transport given the nature of the use and the extent of the catchment area which is likely to encourage use of cars whether it was located on the edge of the settlement or not. Whilst access to public transport would be desirable it is not considered that this would undermine the proposal to a degree which would justify refusal in this ground. Flooding and Pollution: The Environment Agency has assessed the proposal and raised no objections to conditions controlling sustainable surface water drainage and possible site contamination. As the development lies wholly inside flood zone 1 there is no requirement to carry out a sequential test. The issue of air pollution has been assessed by the Council’s Environmental Health Section and is controlled by separate environmental legislation requiring the applicant to seek a Permit under the Environmental Permitting Regulations. This permit would ensure that any release to atmosphere is controlled so as not to breach health based European and UK Air Quality Standards. The operator of such a process must comply with all conditions of the permit and they would be subject to inspection to ensure that this is the case. It is not within the remit of the planning system to determine the whether the system proposed would adequately mitigate the air pollutants. This would be dealt with under the separate permit and, if it were found that the proposed equipment was not adequate, the operation would not be allowed to begin. It is therefore considered that the proposal would not cause any pollution issues and is considered acceptable in this respect. It therefore complies with Policy CS22 – Flood Risk Management. Ecology and Archaeology: The County Council’s Ecology and Archaeology Sections have assessed the reports
submitted with the application. No objections have been raised subject to the conditions. It is also considered that loss of the Oak tree is acceptable given the importance of locating the access in the most suitable location and the replacement planting of Oak Trees proposed. The proposal is therefore considered to comply Policy CS19 - Bio-diversity and Geodiversity Conclusion As outlined above, it is considered that the impact of the proposal on the character and appearance of the landscape would not be so unacceptably detrimental as to warrant the refusal of the application. This judgement takes into account the recognition that the proposal would alter the appearance of the current agricultural field and balances this against the landscaping scheme which will help assimilate the buildings and highways infrastructure into the landscape. Taken with the Inspectors views regarding the presumption in favour of sustainable development, an acceptance that such uses are acceptable in the open countryside and that the market should decide which scheme goes ahead, it is considered that the principle of the proposed development is acceptable in this instance. Your officers believe that the concept of “letting the market decide” will be born-out by market forces making it unlikely that any of the operators of the new crematorium facilities which have received consent in the South Leicestershire catchment area will build out the facilities if they were not commercially viable. It should not be a planning judgement to determine the commercial viability of individual schemes and there is clear evidence to say for certain that only one crematorium facility will be viable within this area. It is however considered that the concerns raised by the Highways Authority over the increased highways dangers that will be created by the proposal outweigh the presumption in favour of the development in this instance. The proposal is therefore recommended for refusal for the following reason. The proposal, if permitted, would result in an unacceptable increase in traffic turning some (slow moving) onto or off an unlit section of class I road in an area remote from main development and where traffic speeds are generally high. Such an increase would be to the detriment of highway safety. Given that the proposal would create unacceptable highways dangers which can not be overcome it is considered that the proposal would fail to comply with Policies IN4 and IN5 of Leicestershire County Council’s 6C’s Design Guide. In addition, the fact that no improvements can be undertaken to limit the significant impacts of the development to a degree that would make it acceptable, making it unfeasible to achieve a safe and suitable access to the site from Welford Road, would also indicate that the proposal fails to comply with Part 4 of the National Planning Policy Framework 2012. ____________________________________________________________________________________________________________________________
14/0374/1/PX Registered Date Mr A Norton & Ms S Hall 8 April 2014
Demolition of existing agricultural building and erection of 1 new single storey dwelling –
Englands Farm, Croft Road, Thurlaston Report Author: Ian Davies Development Management Team Leader Contact Details: Council Offices. 0116 272 7688 RECOMMENDATION THE APPLICATION BE REFUSED FOR THE FOLLOWING REASONS: The District Planning Authority considers that this application for a new dwelling in open countryside, which is not required to support an agricultural enterprise, conflicts with the aims of the National Planning Policy Framework, Policy CS18 of the Blaby District Local Plan (Core Strategy) Development Plan Document (2013) and saved Policy C2 of the Blaby District Local Plan (1999). These policies seek to ensure development is located in sustainable locations and do not allow for new dwellings to be constructed in the countryside, unless special circumstances such as the essential need for a rural worker to live permanently at their place of work are proven. In addition, the application site is located in a visually prominent position and it is considered that the location and siting of the proposed dwelling is unacceptable and would have a significantly adverse effect on the appearance and character of the landscape. Therefore, it is considered that the location and siting of this new dwelling also conflicts with Policies CS2 and CS18 of the Blaby District Local Plan (Core Strategy) Development Plan Document (2013) and saved Policy C2 of the Blaby District Local Plan (1999). NOTES TO COMMITTEE Policy National Planning Guidance National Planning Policy Framework (2012) Blaby District Local Plan (Core Strategy) Development Plan Document (February 2013) Policy CS1 – Strategy for Locating New Development.
Policy CS2 – Design of new development Policy CS18 – Countryside Policy CS12 – Planning obligations and developer contributions Policy CS24 – Presumption in favour of sustainable development. Blaby District Local Plan (BDLP) Policy C2 – Other Development in the Countryside Blaby District Council Planning Obligations & Developer Contributions Supplementary Planning Document (2010). Blaby District Council Landscape and Settlement Character Assessment (May 2008). Consultations Leicestershire County Council Archaeology – No objections in principle but is concerned that the proposed woodland planting could impact upon archaeological interests in the northern part of the application site. Accordingly, they have requested that an archaeological assessment be undertaken. Leicestershire County Council Ecology – No objections to this development. Leicestershire County Council Highways – No comments received. Severn Trent Water – No comments made. Thurlaston Parish Council – Has the following comments to make: “1) The applicant does not mention that the existing buildings are not totally residential. A business “Swimtech” is run from the site which provides facilities for a small swimming pool. 2) Design and Access statement 9.03 within walking distance. There is no safe walking from this property apart from public footpath through farmers field on the opposite side of the road – with s bends and no path. 3) We are pleased to note that this “completes development of the site” (Design and Access statement 1.01). We have been told this several times by the applicants. 4) Please note the plans do not incorporate the latest 8 houses to be built in Thurlaston…these need updating. 5) Please note above comments. The plan itself seems to make good use of an external, at the moment redundant site. We would hope this is the last application for this site. 6) This large residential unit does not incorporate a garage, although there is ample parking for cars appropriate to a 4+ bed house. However, this happened with the
farm building – major extensions then a garage with accommodation above. 7) I am concerned that this is the start of a small housing development of luxury housing. As such, it would be outside the building line of the village and not the type of affordable housing more appropriate to Thurlaston’s needs. 8) In conclusion what is the reason for this development? If this application is passed no further developments for this site should be considered. The development also seems very large considering the current barn is only 3 metres in width.” Third Party Representations None.
Relevant History 09/0453/1/PX Conversion & extension of barn Approved and new access. 25/9/09 11/0882/1/HPX Erection of detached garage. Approved 23/01/12 EXPLANATORY NOTE The Proposal This application for full planning permission proposes the demolition of an agricultural barn and the erection of a single storey 4 bedroom dwelling on the footprint of the former barn. The application also proposes a new internal driveway within the site to service this dwelling. The application site lies outside the built-up area of Thurlaston and within land classified as Countryside on the Proposals Map of the Blaby District Local Plan. The proposed dwelling will be sited adjacent to the existing dwelling, Englands Farm, which is a 2 storey property. As stated above, vehicular access to the new dwelling will be gained via the existing access off Croft Road with a new driveway being created internally that will run to the rear of Englands Farm. The application also proposes additional woodland planting to the north of the site in an attempt to “soften” and filter long range views of this proposal. Planning Considerations Section 38(6) of the Town and Country Planning Act, 1990, requires planning applications to be determined in accordance with the provisions of the Development Plan unless there are other material considerations which indicate otherwise. There are a number of themes which run through national guidance as expressed in the National Planning Policy Framework and these are generally in line with local
policies expressed through the Development Plan. Key themes in the case of this application are that new development should be sustainable and previously developed land should be developed before greenfield sites come forward. National Planning Guidance National Planning Policy Framework This essential national policy framework establishes the key principles for proactively delivering sustainable development through the development plan system and the determination of planning applications. The emphasis is that development plans allow for development of sufficient housing in sustainable locations and that new development is of good design. It also sets out the planning approach that the Government wishes to see in relation to many aspects of the planning system, including housing delivery - with the golden thread running through the decision making process being the presumption in favour of sustainable development. It suggests that in decision-taking, this means approving development proposals that accord with the development plan without delay; and, where the development plan is absent, silent or relevant policies are out of date, to grant permission unless:
• Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against policies in the NPPF taken as a whole; or
• Specific policies in the NPPF indicate development should be restricted. The location of this development outside the built-up area of Thurlaston and within land designated as Countryside does not accord with the guidance in the NPPF. DEVELOPMENT PLAN Blaby District Local Plan (Core Strategy) Development Plan Document (2013) The adopted Core Strategy (February 2013) is now part of the Development Plan for the district of Blaby and the following policies are relevant to the proposed development: Policy CS1 – Strategy for Locating New Development Policy CS1 seeks to focus new housing development in the most sustainable locations in the district, primarily within the principal urban area (PUA) of Leicester and more sustainable towns and villages, and not the open countryside. Policy CS2 – Design of New Development Policy CS2 seeks to ensure that a high quality environment is achieved in all new
development proposals, respecting distinctive local character and the design of new development should also be appropriate to its context. Your Officers consider that this dwelling, notwithstanding the fact that it is located within open countryside, is appropriately and sensitively designed given its rural location, and is an improvement over the existing utilitarian design of the barn which it is proposed to replace. However, your Officers consider that the siting of the dwelling in a visually prominent location is unacceptable and would have a significantly adverse effect on the appearance and character of the landscape. This scheme therefore conflicts with Policy CS2. Policy CS18 – Countryside Policy CS18 seeks to ensure development is located in sustainable locations and does not allow for new dwellings to be constructed in the countryside, unless special circumstances such as the essential need for a rural worker to live permanently at their place of work are proven. This new dwelling is not proposed for occupation by a rural worker, and therefore this proposal is contrary to Policy CS18. In addition, the application site is located in a visually prominent position, and it is considered that the location and siting of the proposed dwelling is unacceptable and would have a significantly adverse effect on the appearance and character of the landscape. Therefore, it is considered that the location and siting of this new dwelling also conflicts with Policy CS18. Policy CS12 – Planning Obligations and Developer Contributions Policy CS12 seeks to ensure that the requirements for infrastructure, services and facilities arising from any development will be sought in accordance with the Council’s latest Planning Obligations and Developer Contributions SPD. This proposal will generate the need to provide a financial contribution towards the maintenance of local play space/recreation facilities. The applicant has agreed to enter into a legal agreement in accordance with Policy CS12. Policy CS24 – Presumption in Favour of Sustainable Development Policy CS24 reflects the overarching principle of the NPPF that the Government wishes to see in relation to the planning system, including housing delivery - with the golden thread running through the decision making process being the presumption in favour of sustainable development. Policy CS24 requires that when considering development proposals the District Council will take a positive approach and will always work proactively with applicants to find solutions which mean that proposals can be approved wherever possible. Blaby District Local Plan (1999) Although the Blaby District Local Plan (Core Strategy) Development Plan Document (2013) has been adopted a number of policies from the Blaby District Local Plan (1999) continue to be saved. The following policies are of relevance to this application.
Policy C2 – Other Development in the Countryside For the same reasons as set out above under the consideration of Policy CS18, this proposal is also contrary to Policy C2 of the 1999 Local Plan. Conclusion In the light of the above considerations, this application is recommended for refusal for the reasons as set out above. ____________________________________________________________________________________________________________________________
14/0400/1/PX Registered Date Mr M English 15 April 2014
Erection of 1 pair of two bedroom semi-detached dwellings, 2 four bedroom detached dwellings and associated parking –
Land south of 14-16 Cranmer Close, Blaby Report Author: Ian Davies Development Management Team Leader Contact Details: Council Offices. 0116 272 7688 RECOMMENDATION THE APPLICATION BE GRANTED SUBJECT TO THE APPLICANTS ENTERING INTO EITHER A SECTION 106 AGREEMENT OR UNILATERAL UNDERTAKING TO SECURE THE FOLLOWING:-
1. Off-site open space maintenance contribution.
And subject to the imposition of the following conditions: CONDITIONS 1. Statutory time condition – 3 Years. 2. Materials to be agreed in writing. 3. Scheme for foul and surface water drainage to be submitted. 4. No additional windows to be constructed in side elevations. 5. First floor windows in side elevations to be obscurely glazed. 6. Finished floor levels to be submitted and agreed. 7. Permitted development rights for extensions to the dwellings removed. 8. Car parking to be provided in accordance with submitted plans. 9. Access drive to be hard surfaced. 10. On site turning facilities to be provided in accordance with submitted plans. 11. Construction traffic management plan to be submitted. 12. Revised details of bin presentation point to be submitted and agreed. NOTES TO COMMITTEE Policy National Planning Guidance National Planning Policy Framework (2012) Blaby District Local Plan (Core Strategy) Development Plan Document (February 2013)
Policy CS1 – Strategy for locating new development Policy CS2 – Design of new development Policy CS5 – Housing distribution Policy CS12 – Planning obligations and developer contributions Policy CS24 – Presumption in favour of sustainable development. Blaby District Local Plan (BDLP) Policy R1 – Primarily Residential Areas Blaby District Council Planning Obligations & Developer Contributions Supplementary Planning Document (2010). Consultations Blaby District Council Waste Operations Manager – No objections but comments that the bin presentation point will need to be located near to the site entrance. Blaby Parish Council – Objects for the following reasons: “Over intensive use of the site, inadequate parking space and the access points for emergency vehicles are far too narrow. The 3 storey detached property directly overlooking the bungalow at 15 Latimer Close would cause intense overshadowing. The houses are completely out of character with adjacent buildings and there is already a known drainage problem in this particular area.” Leicestershire County Council Highways – No comments made. Severn Trent Water - No objection subject to the inclusion of a standard condition requiring drainage details to be submitted and agreed. Third Party Representations 15 letters of objection have been received against the proposal. These representations raised the following issues:
• Overdevelopment of site;
• Concerns over the traffic impact and congestion;
• Noise and disturbance;
• Overlooking;
• Loss of light;
• Overshadowing;
• Out of character with the surrounding area;
• Light pollution;
• Impact on local services;
• Drainage concerns;
• Permission should be granted for bungalows only;
• Too close to existing dwellings;
• Problems with waste collection;
• Problems with emergency access.
Relevant History 13/0962/1/PX Erection of 2 blocks of 1 bedroom flats Refused to form 8 flats in total. 10/3/2014 EXPLANATORY NOTE The Proposal This application for full planning permission proposes the erection of 1 pair of semi-detached dwellings and 2 detached dwellings to form 4 dwellings in total. The semi-detached dwellings are 2 storey, but the first floor is within the roofspace. The detached dwellings are 3 storey, but with the second floor also within the roofspace. 10 off-street car parking spaces are to be provided within the site with space to turn vehicles. The application site was previously in use as a Council owned car park, however that use ceased a number of years ago and the land has sat vacant since that time. The application site lies within the built-up area of Blaby and is surrounded by 2 storey residential properties (with the exception of 15A Latimer Close which is a bungalow). The proposed development will utilise the existing vehicular access to the garage courtyard. Members will recall that the previous application on this site for 8 flats was refused planning permission in March this year for the following reason: “The District Planning Authority considers that the proposed block of flats will have an overbearing impact on No.13 Latimer Close contrary to Policy R1 of the Blaby District Local Plan (1999).” The applicant has redesigned his scheme and submitted this current application in an attempt to overcome the previous reason for refusal. Planning Considerations Section 38(6) of the Town and Country Planning Act, 1990, requires planning applications to be determined in accordance with the provisions of the Development Plan unless there are other material considerations which indicate otherwise. This section of the report will first consider the proposed development against the policy background and then consider any other material considerations. There are a number of themes which run through national guidance as expressed in the National Planning Policy Framework and these are generally in line with local policies expressed through the Development Plan. Key themes in the case of this application are that new development should be sustainable and previously developed land should be developed before greenfield sites come forward. National Planning Guidance
National Planning Policy Framework This essential national policy framework establishes the key principles for proactively delivering sustainable development through the development plan system and the determination of planning applications. The emphasis is that development plans allow for development of sufficient housing in sustainable locations and that new development is of good design. It also sets out the planning approach that the Government wishes to see in relation to many aspects of the planning system, including housing delivery - with the golden thread running through the decision making process being the presumption in favour of sustainable development. It suggests that in decision-taking, this means approving development proposals that accord with the development plan without delay; and, where the development plan is absent, silent or relevant policies are out of date, to grant permission unless:
• Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against policies in the NPPF taken as a whole; or
• Specific policies in the NPPF indicate development should be restricted. The location of this development is within the built-up area of Blaby and utilises previously developed land. Therefore given its location and its former use as a garage courtyard, the proposal demonstrates particularly good levels of sustainability, in line with guidance in the NPPF. DEVELOPMENT PLAN Blaby District Local Plan (Core Strategy) Development Plan Document (2013) The adopted Core Strategy (February 2013) is now part of the Development Plan for the district of Blaby and the following policies are relevant to the proposed development: Policy CS1 – Strategy for Locating New Development Policy CS1 seeks to focus new housing development in the most sustainable locations in the district, primarily within the principal urban area (PUA) of Leicester and more sustainable towns and villages. Blaby is considered to be a sustainable location for new development. Policy CS2 – Design of New Development Policy CS2 seeks to ensure that a high quality environment is achieved in all new development proposals, respecting distinctive local character and the design of new development should also be appropriate to its context. Your Officers consider that this scheme which proposes residential development in an area characterised by existing dwellings respects the context of the local area and accords with Policy
CS2. Policy CS5 – Housing Distribution Policy CS5 aims to focus new development in the most appropriate locations, the District Council seeks to distribute housing by settlement in accordance with the figures contained within the Core Strategy. Blaby is noted as a Town with a minimum housing requirement of 420 dwellings. Taking into account built and recently committed sites Blaby Town has met and exceeded the minimum requirement by 19 dwellings. However, your Officers do not consider that an additional 4 units is excessive or will cause demonstrable harm to the spatial housing distribution strategy of the Core Strategy. Accordingly, the proposal accords with Policy CS5. Policy CS12 – Planning Obligations and Developer Contributions Policy CS12 seeks to ensure that the requirements for infrastructure, services and facilities arising from any development will be sought in accordance with the Council’s latest Planning Obligations and Developer Contributions SPD. This proposal will generate the need to provide a financial contribution towards the maintenance of local play space/recreation facilities. The applicant has agreed to enter into a legal agreement in accordance with Policy CS12. Policy CS24 – Presumption in Favour of Sustainable Development Policy CS24 reflects the overarching principle of the NPPF that the Government wishes to see in relation to the planning system, including housing delivery - with the golden thread running through the decision making process being the presumption in favour of sustainable development. Policy CS24 requires that when considering development proposals the District Council will take a positive approach and will always work proactively with applicants to find solutions which mean that proposals can be approved wherever possible. Your Officers have worked with the applicant to ensure that the development accords with adopted policies and thus the development is in accordance with Policy CS24. Blaby District Local Plan (1999) Although the Blaby District Local Plan (Core Strategy) Development Plan Document (2013) has been adopted a number of policies from the Blaby District Local Plan (1999) continue to be saved. The following policies are of relevance to this application. Policy R1 – Residential Development within Primarily Residential Areas This site is located within the settlement boundary of Blaby, which is an acceptable location for residential development, in principle, subject to the criteria set out in Policy R1. Your Officers consider that the development will accord with Policy R1 and will not be significantly out of keeping with the character of the area nor will it be significantly detrimental to the amenities of adjoining occupiers when weighed against the presumption in favour of sustainable development, as expressed in both
the NPPF and the adopted Core Strategy. Policy T6 – Off Street Parking Provision Policy T6 states that new residential development should accord with the adopted car parking standards of the District Council. In terms of this proposal, this scheme would result in the need for 10 car parking spaces. This scheme accords with the adopted car parking standards of this Council as required by Policy T6. Other Material Considerations Planning applications must be determined in accordance with the provisions of the Development Plan unless there are material considerations which indicate otherwise, and whether those material considerations are of such weight that the adopted policies of the Development Plan should not prevail in relation to any proposal. In addition to the policy considerations set out above, there are two substantive material considerations that relate to the development of this site, which are:
- Design and Layout; - Highway Considerations.
Design and Layout This revised scheme has been designed to overcome the previous reason for refusal and to respect the adjoining two storey properties whilst retaining an acceptable spatial separation from those properties. Given the fact that the surrounding area is characterised by 2 storey dwellings and having regard to the pattern of existing development in the wider area it is not considered that the erection of 2 storey and “2 ½” storey properties on this site in itself merits a reason for refusal. Your Officers are of the opinion that the revised scheme, subject to the conditions to be imposed, is the most appropriate compromise to ensure that this development can be permitted and the best use made of this previously developed land, in accordance with the national presumption in favour of sustainable development. The concerns of both the Parish Council and residents are noted. However, your officers still consider that there are no robust and defendable reasons for refusal of this application on loss of privacy or overbearing grounds given the spatial separation and orientation of the buildings within the site. Highway Considerations Concern has been raised by both the Parish Council and residents in relation to highways matters, namely the traffic generated by the development and the safety of using the access. The Leicestershire County Council has raised no formal objections to this proposal. It should also be borne in mind that on the previous scheme for 8 flats, they were satisfied that the existing access and road network could safely accommodate the traffic that would be generated.
As stated previously, the adopted car parking standards of the District Council require 10 off-street car parking spaces to serve this development. The scheme demonstrates that 10 off-street car parking spaces can be provided, with space to turn on the site and leave in a forward manner. Accordingly the scheme complies with the adopted standards of the Council. In relation to access for emergency services, this aspect of the development is governed under the Building Regulations, and is not a matter for consideration under the planning merits of the scheme. In terms of access for refuse vehicles, and whereas this also is not a matter for consideration under the planning merits of the scheme, Members should note that the Council’s Waste Operations Manager has raised no formal objections to this scheme and has only raised a concern relating to the position of the bin collection/presentation point within the site. The scheme is therefore considered to be acceptable in relation to highway matters. Conclusion There are two key issues in the determination of this planning application, namely the current policy position and any other material considerations. The policy position is that the site lies within the built-up area of Blaby where the principle of residential development is acceptable. The proposal will also utilise previously developed land. The principle of the development is therefore acceptable and accords with adopted policies. It is considered that the design and layout of the site including the proposed car parking provision is acceptable in relation to the character of the locality and in relation to the residential amenities of adjoining residents. The three dimensions of sustainable development have been considered (economic, social and environmental) as set out in the NPPF and the proposal would provide housing contributing to the quality and choice of housing in Blaby Town. Accordingly, this application is therefore recommended for approval subject to the proposed conditions and signing of the legal agreement as detailed above. ____________________________________________________________________________________________________________________________
14/0455/1/PX Registered Date Mr J Abraham 6 May 2014
Erection of two storey apartment building made up of 6 one bedroom apartments, associated access, parking and amenity space –
Land rear of 9-15 Compton Drive, Huncote Report Author: Ian Davies Development Management Team Leader Contact Details: Council Offices. 0116 272 7688 RECOMMENDATION THE APPLICATION BE GRANTED SUBJECT TO THE APPLICANTS ENTERING INTO EITHER A SECTION 106 AGREEMENT OR UNILATERAL UNDERTAKING TO SECURE THE FOLLOWING:-
1. Off-site open space maintenance contribution.
And subject to the imposition of the following conditions: CONDITIONS 1. Statutory time condition – 3 Years. 2. Materials to be agreed in writing. 3. Scheme for foul and surface water drainage to be submitted. 4. No additional windows to be constructed in side elevations. 5. First floor windows in side elevations to be obscurely glazed. 6. Finished floor levels to be submitted and agreed. 7. Car parking to be provided in accordance with submitted plans. 8. Access drive to be hard surfaced. 9. On site turning facilities to be provided in accordance with submitted plans. 10. Any gates to be set back a minimum distance. 11. Access drive to be a minimum of 4.25m wide for the first 5m. 12. Landfill gas measures to be incorporated into the construction of the building. NOTES TO COMMITTEE Policy National Planning Guidance National Planning Policy Framework (2012) Blaby District Local Plan (Core Strategy) Development Plan Document
(February 2013) Policy CS1 – Strategy for locating new development Policy CS2 – Design of new development Policy CS5 – Housing distribution Policy CS12 – Planning obligations and developer contributions Policy CS24 – Presumption in favour of sustainable development. Blaby District Local Plan (BDLP) Policy R1 – Primarily Residential Areas Blaby District Council Planning Obligations & Developer Contributions Supplementary Planning Document (2010). Consultations Blaby District Council Waste Operations Manager – No objections. Blaby District Council Environmental Health – No objections subject to the imposition of a condition requiring landfill gas measures to be incorporated into the construction of the building. Huncote Parish Council – Objects for the following reasons: “1) Objection: The planning application does not include any evidence to ensure the proposed illustrative site plan is adequate to ensure necessary access for emergency vehicles and roadside waste collections are achievable. Evidence should be provided to illustrate emergency/waste collection vehicles can adequately turn into/out of the development from Compton Drive and what impact this will have on vehicles parking opposite the development. 2) Comment to require additional conditions should this application be approved: To ensure the safety of new residents, a full site survey to ensure the development is not on land formally used for waste disposal as part of the former tip site should be undertaken before development is approved to ensure groundworks for construction will not create instances of additional gas being released from the site and harming residents of the proposed properties at any future point. 3) Objection: The quantity of properties for the site is believed to be too dense, for the size of the site, with a collection of 2-3 bungalows being seen as more desirable for the location. (CS1-i/ii, CS5-i/ii, CS7-i/ii, CS8-i/ii). Observation: As the Housing Needs Survey for Huncote, requested by Blaby District Council, will be distributed to residents w/c 23rd June, a further review following this consultation is believed to be more desirable. 4) Comment to require additional conditions should this application be approved: To confirm the proposed distance for the residential development from the existing hedgerow, to ensure there is little to no impact on the wildlife already living in the
hedgerow and to install a boundary fence to the property to reduce potential for properties to be burgled from the playing field immediately west of the site. (CS2-v/vi, CS7-v, CS12-vi, CS14-vi, CS19-v/vi). 5) Comment to require additional conditions should this application be approved: To consider a greater installation of solar panels on the South-Westerly as well as South Easterly roofline of the properties, up to the maximum number allowed for a block of 6 properties to reduce utility bills. (CS1-viii, CS5-viii, CS10-viii). 6) Objection: The Inspectors report for APP/T2405/A/13/2198620 – Proposed residential development for 67 dwellings, associated infrastructure, open space and landscaping (Outline) – Land off Denman Lane, Huncote, Leicestershire (Updated scheme) – Easting: 4518110 Northing: 2978690 pointed out that the development was unsustainable due to the unrealistic expectation of residents to use public transport and not the car. It would conflict with the aim of CS Policy CS10 to reduce the need to travel by private car by locating new development so that people can access services and facilties without having to rely on it. (Appeal Decision APP/T2405/A/13/2198620 para 15-20, CS10-xi). 7) Observation: The plans for the proposal do not show the permitted access routes which have existed for considerable time for 7-8 Lodge Close and no mention is made in the reports of how these will be dealt with.” Leicestershire County Council Highways – Has no objections subject to the imposition of highway conditions. Severn Trent Water - No objection subject to the inclusion of a standard condition requiring drainage details to be submitted and agreed. Third Party Representations 11 letters of objection have been received against the proposal. These representations raised the following issues:
• Overdevelopment of site;
• No need for new development in Huncote;
• Loss of view;
• Concerns over the traffic impact and congestion;
• Noise and disturbance;
• Smell and vermin from bin store;
• Overlooking;
• Loss of light;
• Out of character with the surrounding area;
• Impact on local services;
• Drainage concerns;
• Permission should be granted for bungalows only;
• Problems with future occupiers/anti-social behavior, etc.;
• Problems with waste collection;
• Problems with emergency access;
• Impact on wildlife.
Relevant History None. EXPLANATORY NOTE The Proposal This application for full planning permission proposes the erection of one block of 6 one bedroom flats. The block is 2 storey in height. 11 off-street car parking spaces are to be provided within the site with space to turn vehicles. Cycle parking facilities are also shown as being provided. The application site was previously in use as a Council owned car park. The application site lies within the built-up area of Huncote and has 2 storey residential properties to the north, bungalows to the North West and allotments and playing fields to the south east and south west respectively. The proposed development will utilise the existing vehicular access to the garage courtyard. Planning Considerations Section 38(6) of the Town and Country Planning Act, 1990, requires planning applications to be determined in accordance with the provisions of the Development Plan unless there are other material considerations which indicate otherwise. This section of the report will first consider the proposed development against the policy background and then consider any other material considerations. There are a number of themes which run through national guidance as expressed in the National Planning Policy Framework and these are generally in line with local policies expressed through the Development Plan. Key themes in the case of this application are that new development should be sustainable and previously developed land should be developed before greenfield sites come forward. National Planning Guidance National Planning Policy Framework This essential national policy framework establishes the key principles for proactively delivering sustainable development through the development plan system and the determination of planning applications. The emphasis is that development plans allow for development of sufficient housing in sustainable locations and that new development is of good design. It also sets out the planning approach that the Government wishes to see in relation to many aspects of the planning system, including housing delivery - with the golden thread running through the decision making process being the presumption in favour of sustainable development.
It suggests that in decision-taking, this means approving development proposals that accord with the development plan without delay; and, where the development plan is absent, silent or relevant policies are out of date, to grant permission unless:
• Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against policies in the NPPF taken as a whole; or
• Specific policies in the NPPF indicate development should be restricted. The location of this development is within the built-up area of Huncote and utilises previously developed land. Therefore given its location and its former use as a garage courtyard, the proposal is in line with guidance in the NPPF. DEVELOPMENT PLAN Blaby District Local Plan (Core Strategy) Development Plan Document (2013) The adopted Core Strategy (February 2013) is now part of the Development Plan for the district of Blaby and the following policies are relevant to the proposed development: Policy CS1 – Strategy for Locating New Development Policy CS1 seeks to focus new housing development in the most sustainable locations in the district, primarily within the principal urban area (PUA) of Leicester and more sustainable towns and villages. Huncote has some services and facilities and is considered to be capable of accepting a modest amount of new development. Policy CS2 – Design of New Development Policy CS2 seeks to ensure that a high quality environment is achieved in all new development proposals, respecting distinctive local character and the design of new development should also be appropriate to its context. Your officers consider that this scheme, which proposes 2 storey residential development in an area predominantly characterised by existing 2 storey dwellings, respects the context of the local area and accords with Policy CS2. Policy CS5 – Housing Distribution Policy CS5 aims to focus new development in the most appropriate locations, the District Council seeks to distribute housing by settlement in accordance with the figures contained within the Core Strategy. Huncote is noted as forming part of the Medium Central Villages with a combined minimum housing requirement of 815 dwellings. Taking into account built and recently committed sites, the Medium Central Villages have a residual housing requirement of 42 dwellings. This current proposal will help meet that residual requirement. Accordingly, the proposal accords with Policy CS5. Policy CS12 – Planning Obligations and Developer Contributions
Policy CS12 seeks to ensure that the requirements for infrastructure, services and facilities arising from any development will be sought in accordance with the Council’s latest Planning Obligations and Developer Contributions SPD. This proposal will generate the need to provide a financial contribution towards the maintenance of local play space/recreation facilities. The applicant has agreed to enter into a legal agreement in accordance with Policy CS12. Policy CS24 – Presumption in Favour of Sustainable Development Policy CS24 reflects the overarching principle of the NPPF that the Government wishes to see in relation to the planning system, including housing delivery - with the golden thread running through the decision making process being the presumption in favour of sustainable development. Policy CS24 requires that when considering development proposals the District Council will take a positive approach and will always work proactively with applicants to find solutions which mean that proposals can be approved wherever possible. Your Officers have worked with the applicant to ensure that the development accords with adopted policies and thus the development is in accordance with Policy CS24. Blaby District Local Plan (1999) Although the Blaby District Local Plan (Core Strategy) Development Plan Document (2013) has been adopted a number of policies from the Blaby District Local Plan (1999) continue to be saved. The following policies are of relevance to this application. Policy R1 – Residential Development within Primarily Residential Areas This site is located within the settlement boundary of Huncote, which is an acceptable location for residential development, in principle, subject to the criteria set out in Policy R1. Your Officers consider that the development will accord with Policy R1 and will not be significantly out of keeping with the character of the area nor will it be significantly detrimental to the amenities of adjoining occupiers when weighed against the presumption in favour of sustainable development, as expressed in both the NPPF and the adopted Core Strategy. Policy T6 – Off Street Parking Provision Policy T6 states that new residential development should accord with the adopted car parking standards of the District Council. In terms of this proposal, this scheme would result in the need for 6 car parking spaces. This scheme accords with, and exceeds the adopted car parking standards of this Council as required by Policy T6. Other Material Considerations Planning applications must be determined in accordance with the provisions of the Development Plan unless there are material considerations which indicate otherwise, and whether those material considerations are of such weight that the adopted policies of the Development Plan should not prevail in relation to any proposal.
In addition to the policy considerations set out above, there are two substantive material considerations that relate to the development of this site, which are:
- Design and Layout; - Highway Considerations; - Landfill gas considerations.
Design and Layout The submitted scheme has been designed to predominantly reflect the adjoining two storey properties whilst retaining an acceptable spatial separation from those properties. Given the fact that the surrounding area is characterised by 2 storey dwellings and having regard to the pattern of existing development in the wider area it is not considered that the erection of a single 2 storey property on this site in itself merits a reason for refusal. Your Officers are of the opinion that the scheme, subject to the conditions to be imposed, is the most appropriate compromise to ensure that this development can be permitted and the best use made of this previously developed land, in accordance with the national presumption in favour of sustainable development. The concerns of both the Parish Council and residents are noted. However, your officers consider that there are no robust and defendable reasons for refusal of this application on loss of privacy or overbearing grounds given the spatial separation and orientation of the buildings within the site. Highway Considerations Concern has been raised by both the Parish Council and residents in relation to highways matters, namely the traffic generated by the development and the safety of using the access. The Leicestershire County Council has raised no formal objections to this proposal and is satisfied that the existing access and road network could safely accommodate the traffic that would be generated. As stated previously, the adopted car parking standards of the District Council require 6 off-street car parking spaces to serve this development. The scheme demonstrates that 11 off-street car parking spaces can be provided, with space to turn on the site and leave in a forward manner. Accordingly the scheme complies with the adopted standards of the Council. In relation to access for emergency services, this aspect of the development is governed under the Building Regulations, and is not a matter for consideration under the planning merits of the scheme. In terms of access for refuse vehicles, and whereas this also is not a matter for consideration under the planning merits of the scheme, Members should note that the Council’s Waste Operations Manager has raised no formal objections to this scheme. The scheme is therefore considered to be acceptable in relation to highway matters.
Landfill Gas Considerations Concern has been raised by the Parish Council about the potential for landfill gas to affect this development. The site does lie adjacent to a former landfill site that is gassing, and is subject to regular monitoring by the Environmental Health Section. Members will note that the Environmental Health Officer has confirmed that he has no objection to the development on this site subject to a condition being imposed that requires landfill gas precautionary measures to be incorporated into the construction of the building. On this basis the proposal is acceptable in relation to the risk of being affected by migrating landfill gas. Conclusion There are two key issues in the determination of this planning application, namely the current policy position and any other material considerations. The policy position is that the site lies within the built-up area of Huncote where the principle of residential development is acceptable. The proposal will utilise previously developed land and will meet identified housing need for the Medium Central Villages as set out in the Core Strategy. The principle of the development is therefore acceptable and accords with adopted policies. It is considered that the design and layout of the site including the proposed car parking provision is acceptable in relation to the character of the locality and in relation to the residential amenities of adjoining residents. The three dimensions of sustainable development have been considered (economic, social and environmental) as set out in the NPPF and the proposal would provide housing contributing to the quality and choice of housing in Huncote and the Medium Central Villages as a whole. Accordingly this application is therefore recommended for approval subject to the proposed conditions and signing of the legal agreement as detailed above. ____________________________________________________________________________________________________________________________
