IN RESPECT OF LAND ADJACENT TO HEMPSHILL HALL FARM, …planning.broxtowe.gov.uk/(S(gygrpq45mc4gcg55kusjb0ul))/Publishe… · west. To the east the site is bordered by Hempshill Barn,

PLANNING AND AFFORDABLE

HOUSING STATEMENT

IN RESPECT OF

LAND ADJACENT TO HEMPSHILL HALL FARM,

LOW WOOD ROAD, NOTTINGHAM

SUBMITTED ON BEHALF OF

LANGHAM PARK DEVELOPMENTS

Date: March 2012

Ref: 09.029

Planning and Affordable Housing Statement

Land Adjacent to Hempshill Hall Farm,

Low Wood Road, Nottingham

Cerda Planning Limited 2

Contents

1. Introduction Page 3

2. Site Description and Surrounding Area Page 4

3. Proposed Development Page 8

4. Planning Policy Background Page 10

5. The Case for the Development of the Site Page 17

6. Conclusions Page 29





1. Introduction

1.1 This document has been produced on behalf of our clients Langham Park

Developments and supports a planning application in relation to a proposed

residential development at land adjacent to Hempshill Hall Farm, Low Wood

Road, Nottingham. This follows pre-application discussions with Broxtowe

Borough Local Planning Authority and other statutory non-statutory consultees

1.2 Sections 2 and 3 of this document set out both the site and project context.

Reference is made to the particular characteristics of the application site and

the broad detail of the proposed scheme, which is for development of the site

for a sustainable open market housing proposal.

1.3 Section 4 goes on to examine the relevant planning policy framework,

including national, regional and local planning policy and guidance. In this

instance the Development Plan for the area includes the RSS, the saved

policies of the Broxtowe Local Plan, and Local Development Framework.

1.4 The case for the proposed development is set out fully in Section 5 of the

document. This examines a number of key material planning considerations

which justify planning consent for residential development on the subject site.

1.5 These factors are summed up in the concluding section, number 6.

1.6 This statement should be read in conjunction with a range of other supporting

documents relating to environmental and other matters relevant to the

development proposal.





2. Site Description and Surrounding Area

2.1 The site that is subject of this planning application is adjacent to the Nuthall

Roundabout to the east of Junction 26 of the M1 motorway. The site comprises

land located between the A6002 and A610 roads on the western edge of

Nottingham City. The site extends to an area of approximately 5.87 hectares.

2.2 The site is green field land but not allocated as Green Belt land. The Broxtowe

Local Plan identifies the site as a Protected Open Area and Nature

Conservation Site associated with Hempshill Hall, the Hall. The Hall, farmhouse

and barns are Grade II listed buildings; the Hall having origins in the 16th

Century. The list descriptions are provided further below. The application site

has no connectivity with any adjacent farmland or open countryside and is

visually and physically related to the urban area which it adjoins.

2.3 Existing access to the site is via a private drive from Low Wood Road towards

Hempshill Hall farm. A new vehicle access is proposed further along Low Wood

Road towards Apollo Road, along with a further pedestrian access off Lovell

Close and emergency and pedestrian access off Anders Drive to the east of

the site.

2.4 There are a number of trees located on the site; these are considered in the

accompanying Tree Report. The most dominant tree species present are

sycamore, common beech, horse chestnut, lime and common ash. Minor

species also present included hawthorn, common holly and cherry.

2.5 The site is bounded to the north by existing residential properties on the

Hempshill Vale Estate fronting onto Lovell Close and Swigert Close. To the south

the site is bounded by the A610 and Low Wood Road bounds the site to the

west. To the east the site is bordered by Hempshill Barn, by existing properties

fronting onto Barn Close and by the grounds of Hempshill Hall and Hempshill

Hall Farm. The site therefore has clear physical and defensible boundaries.

2.6 The site is located approximately 6 kilometres from the centre of Nottingham

City. A Park and Ride facility is located off Millennium Way at Pheonix Park

approximately 600 metres from the site to the east. This is the proposed

location for modal interchange facilities in connection with the tram (NET),

albeit those proposals are at a very early stage with no firm commitment nor

funding in place. The restored landscape of the former Babbington Colliery tip





is also located to the east, identified as a 100 acre mixed use regeneration site.

2.7 The site is adjacent to and adjoins the administrative boundary of Nottingham

City Council in a predominantly residential area with local schools, shops,

employment provision, recreation ground, community facilities, cemetery,

motel and petrol filling station all in close proximity.

2.8 Topographically, the site is generally shaped by the shallow valley of the small

watercourse running from east to west. To the north of the stream the land rises

through the site to the adjoining land uses. To the south and west the localised

landform is interrupted by the embankments for the A610 and A6002 roads. The

site landscape comprises three small fields surrounded and contained by an

outer framework of mature tree belts and woodland, itself contained by roads

and residential development.

2.9 Hempshill Hall, is Grade II listed, the list description for which states:

SK 54 SW NUTHALL NOTTINGHAM ROAD (north side)

5/53 Hempshill Hall 13.10.66 G.V. II

Country house. C16 and C17, altered early C19 and mid C20. Timber framing

cased in brick, rendered. Plain tile and slate roof. 4 ridge, single gable and

single rear wall stacks. 2 storeys plus garrets, 8 bays. Windows are mainly C19

and C20 casements. South front has to right, 2 ashlar buttresses, 2 set offs. To

left, canted hipped bay window late C19. To its right, 4 margin light French

windows. To right again, 2 casements. Above, 8 leaded casements. East gable

has to right, lower lean-to addition, C19, and boundary wall. Off-centre C20

door flanked by single casements. Above, 2 casements, that to right C18,

leaded. Double west gable has off-centre mid C20 hipped wooden porch,

flanked to left by 2 and to right by single casements.

Above, 2 casements. Above again, garret casement. Irregular rear elevation

has to left, projecting bay with C20 fenestration, linked to garages. To its right,

hipped stair enclosure. To right again, single storey L-plan outbuildings. C19 and

C20 fenestration. Above, 5 casements, 3 of them leaded. Interior has 2 bay

posts, one of them jowled, and 3 stud walls, one with arch braces. Arched tie

beam and 4 chamfered span beams. Single purlin principal rafter roof with

struts and wind braces. C18 rear and attic winder stairs with square newels. C19

dogleg principal stair, Gothic revival style, with quatrefoils in balustrade. C19





brass and marble fireplaces. Two panel doors, early C19.

2.10 The farmhouse is listed at grade II and is situated immediately to the north of

the Hall. The two curtilages are separated by a stone wall. The list description

for the farmhouse states:

SK54SW LOW WOOD ROAD 646-1/3/360 (East side (off)) 23/04/90

Hempshill Hall Farmhouse (Formerly Listed as:OFF LOW WOOD ROAD

Hempshill Hall Farmhouse) GV II

Farmhouse. C17 and early C18, with early C19 alterations. Coursed sandstone

rubble and brick, rendered on south and east sides. Gabled and hipped slate

roofs. Single gable and side wall stacks, 2 ridge stacks. Coped south gable with

kneelers.

2 storeys; 4 window range. West front has a central C20 door and overlight,

flanked to right by a blocked door. Beyond, on each side, a C19 plain sash

with miniature iron balcony. Small fixed light to left. Above, 3 glazing bar

sashes, and to left a smaller fixed light. To left again, a single storey addition

with a doorway altered to form a window, then a brick buttress and a 2-light

window. North front has an off-centre plank door flanked by glazing bar

casements, 2 and 3 lights. To right, another plank door with glazed porch.

Above, 2 glazing bar casements.

2.11 The barns to the north of the farmhouse are separately listed as grade II the list

description states:

SK54SW LOW WOOD ROAD 646-1/3/361 (East side (off)) 23/04/90 Barn

and stable range to north of Hempshill Hall Farmhouse Formerly Listed

as: OFF LOW WOOD ROAD Barn and stable range to north of Hempshill

Hall Farmhouse) GV II

Threshing barn with attached range of stables and outbuildings. Mid C18 and

early C19. Brick and coursed rubble,with slate and pantile roofs. Threshing barn,

brick, 4 bays, has coped gables and kneelers. West front has an off-centre

threshing door, now boarded, flanked by 2 diamond breathers to right, and 4

to left. The upper left breather is partly obscured by an inserted hayloft door

with plank door. Below it, a small window. To north, a later single storey

outbuilding with blank wall and pantile roof with plain tile verge. 3 windows in





north gable. To south, a stable range, coursed rubble with brick diamond

breathers. 2 storeys. West front has an off-centre stable door flanked by single

breathers, then by small window openings. To left, a broad plank door, then a

breather. To right, another small window opening. Above, 2 breathers, flanked

to left by a hayloft opening with plank door, and to right by a small opening. To

east, the stable range has 5 stable doors, that to left under an external stone

staircase leading to a plank door. To right, 3 glazing bar casements, 2 lights,

then a breather. Barn has an off-centre threshing door flanked by 4 breathers.

Attached to the north east, a single storey stable and cartshed, with a pair of

central cart openings flanked by single windows, with single doorways beyond.

2.12 The list description indicates that of the farmyard it is only those buildings

attached to the threshing barn that are listed, however the range to the

eastern side of the yard will also be listed by virtue of section 1(5)(b) of Planning

(Listed Building and Conservation Areas) Act 1990.





3. Proposed Development

3.1 The site subject to the planning application is approximately 5.87 hectares in

size. The site is located within Broxtowe Borough Council‟s administrative

boundary although it is close to the administrative boundary of Nottingham

City.

3.2 The proposals include a mix of three and four bed, terraced, semi- detached

and detached family residential properties provided in a landscaped setting.

There are a total of 139 units of open market housing on site with off site

affordable housing to be included as part of the Section 106 contributions.

3.3 There are houses proposed along the western, southern and eastern parts of

the site set out in landscaped courtyards and cul-de-sac providing a

continuous and legible well-laid out design response to the site characteristics.

3.4 There is extensive landscaping to the boundaries, where the most important

trees are retained as part of the proposals. There are a number of areas of

usable public open space throughout the development, together with a

network of pathways providing a circular route around the site.

3.5 All existing public footpaths are proposed for retention. Importantly, the use

and permeability is being significantly improved which will provide benefits not

only to future occupiers of the site but also the wider, existing community.

3.6 In terms of parking, for the housing units predominantly on-plot parking is

provided, configured in driveways, garages and small areas of courtyard

parking. Internal roads, footpaths and driveways service the development and

conform to „Residential Car Parking Research for Nottinghamshire- Highway

Development Control Guidance‟.

3.7 The site layout takes full advantage of the natural attributes whilst

simultaneously, providing a quality urban design that complements the

surrounding, predominantly residential area. Thus the site layout is underpinned

by a thorough constraints and opportunities analysis.

3.8 The development of the application site will complete a process of urbanisation

that has defined the setting of the listed buildings and wider area, since

Cinderhill Colliery was opened in the 1840‟s.





3.9 The proposals have been subject to pre-application discussions with the local

community, Parish, Ward and District Councillors as well as the Local Planning

Authority; representatives from NET and statutory and non-statutory consultees.

The design has been amended in accordance with these discussions. A

commentary on these discussions and the design philosophy for the site is

provided within the accompanying Design and Access Statement which

should be read in conjunction with the application submission.





4. Planning Policy Background

4.1 This section of the document provides an overview of relevant national

planning policy before considering the provisions of the Development Plan.

(i) National Planning Policy and Guidance

Planning Policy Statement (PPS) 1 – Delivering Sustainable Development

4.2 PPS1 was produced in 2005, this document sets out the government‟s

objectives for the planning system. Paragraph 5 states that planning should

facilitate and promote sustainable and inclusive patterns or urban and rural

development by:

Making suitable land available for development in line with economic,

social and environmental objectives to improve people‟s quality of life;

Contributing to sustainable economic development;

Protecting and enhancing the natural and historic environment, the

quality and character of the countryside, and existing communities;

Ensuring high quality development through good and inclusive design,

and efficient use of resources; and

Ensuring that development supports existing communities and

contributes to the creation of safe, sustainable, liveable and mixed

communities with good access to jobs and key services for all members

of the community

4.3 Paragraph 16 states that development plans should promote development that

creates socially inclusive communities, including suitable mixes of housing.

Plan policies should seek to reduce social inequalities, deliver safe, healthy and

attractive places to live and support the promotion of health and well being by

making provision for physical activity.

4.4 Paragraph 23 states that the that local authorities should ensure the provision of

sufficient, good quality new homes in suitable locations to ensure everyone has

the opportunity of a decent home in locations that reduce the need to travel.

4.5 In doing so, paragraph 27 notes the importance of providing improved access

for all to jobs, health, education, shops, leisure and community facilities by

ensuring that new locations are located where everyone can access services





or facilities on foot, bicycle or public transport, recognising that this may be

difficult in rural areas.

Planning Policy Statement (PPS) 3 – Housing

4.6 PPS3 deals with housing. Strategic housing policy objectives are set out at

paragraph 9 which re-confirms the provisions of PPS1 in so far as everyone

should have the opportunity of living in a decent home, which they can afford

in a community where they want to live. To achieve this, the Government is

seeking to create sustainable, inclusive, mixed communities in all areas, both

urban and rural.

4.7 In seeking to provide housing in suitable locations, paragraph 36 highlights the

objective of creating mixed and sustainable communities with housing

developed in suitable locations which offer a range of community facilities and

with good access to, amongst other things, jobs.

4.8 In order to achieve this objective, paragraph 38 notes that at a local level

Local Development Documents should set out a strategy for the planned

location of new housing which contributes to the achievement of sustainable

development. This can include housing in rural areas and should include

considering the relationship between settlements so as to ensure growth is

distributed, assists people to live near their work and benefit from key services.

4.9 Paragraph 34 states that Regional Spatial Strategies should set out the level of

overall housing provision for the region, broadly illustrated in a housing delivery

trajectory, for a sufficient period to enable local planning authority‟s to plan for

housing over a period of at least 15 years. Paragraph 40 states that a key

objective is that Local Planning Authorities should continue to make effective

use of land by re-using land that has been previously used.

4.10 In order to deliver a flexible supply of land for housing, paragraph 52 notes the

Governments objective to ensure that the planning system delivers a flexible,

responsive supply of land. Local planning authorities and regional planning

bodies should develop policies and implementation strategies to ensure that

sufficient, suitable land is available to achieve their housing and previously

developed land delivery objectives.





Planning Policy Statement 5 – Planning for the Historic Environment

4.11 Paragraph 6 to PPS5 states that planning has a central role to play in

conserving our heritage assets and utilising the historic environment in creating

sustainable places.

4.12 Policy HE7.1 states that in decision making local planning authorities should

seek to identify and assess the particular significance of any element of the

historic environment that may be affected by a proposal. Policy HE7.5

identifies the benefits of new development making a positive contribution to

the character and local distinctiveness of the historic environment.

4.13 In relation to the setting of heritage assets, local planning authorities should

treat favourably applications that preserve those elements of the setting that

make a positive contribution to the significance of the asset.

Planning Policy Guidance Note (PPG) 13 – Transport

4.14 PPG13 was published in March 2001. The Guidance states, at paragraph 3, that

land use planning has a key role in delivering the Government’s integrated

transport strategy by shaping the pattern of development and influencing the

location, scale, density, design and mix of land uses. In addition, it is noted

that planning can help to reduce the need to travel, reduce the length of

journeys and make it safer and easier for people to access jobs, shopping,

leisure facilities and services by public transport, walking and cycling.

4.15 In terms of accessibility, paragraph 72 states that the likely availability and use

of public transport is a very important ingredient in determining locational

policies designed to reduce the need for travel by car. In relation to walking,

this is the most important mode of travel at the local level and offers the

greatest potential to replace short car trips, particularly under 2km, as set out

at paragraph 75. Paragraph 78 sets out similar provisions with regard to

cycling; noting it can replace car journeys for distances up to 5km.

Ministerial Statement- Planning For Growth

4.16 A Ministerial Statement was published on 23rd March 2011entitled Planning For

Growth. It contains a number of important step changes that the Coalition

Government wish to see with immediate effect in the planning system. The





government has expressed a clear expectation that the answer to growth

should wherever possible be ‘yes’, with the introduction of a strong presumption

in favour of sustainable development, with local planning authorities expected

to plan positively for new development; to deal promptly and favourably with

applications that comply with up to date plans and national policies; and

wherever possible to approve applications where plans are absent, out of date,

silent or indeterminate.

Draft National Planning Policy Framework

4.17 The Coalition Government have also published a paper alongside the Budget

on 23rd March 2011. One of the key principles is to immediately prioritise growth

and jobs. Every Council is expected to be firmly on the front foot in

encouraging and supporting growth, and in doing so, the Council’s must ensure

they are not imposing any unnecessary burdens in the way of development.

4.18 More recently, the Coalition Government has published their draft National

Planning Policy Framework. This is intended as a composite document to

replace the existing Planning Policy Guidance Notes and Planning Policy

Statements.

4.19 This makes clear that local planning authorities should use the opportunities

available in driving forward and supporting the growth that the country needs.

Councils are required to make every effort to identify and meet the housing,

business and other development needs of their areas and respond positively to

wider opportunities for growth.

4.20 The presumption in favour of sustainable development is central to the policy

approach in the DNPPF and sets the tone of the Governments overall stance

and operates with and through the other policies in the draft document. The

DNPPF is likely to be published in its final form by April 2012 and is therefore a

significant material consideration.

(ii) Development Plan

4.21 The Development Plan for the area consists of the Regional Spatial Strategy for

the East Midlands, Leicestershire, Leicester and Rutland Structure Plan and the

adopted Broxtowe Local Plan. The Local Plan will be replaced by a joint Local

Development Framework with other South Nottingham Authorities. This is at the

very early stages of review, however a number of background documents





have been produced those of relevance will be considered further below.

Regional Spatial Strategy for the East Midlands

4.22 The RSS for the East Midlands was adopted in March 2009. Policy 3 of the Plan

considers the Distribution of Development and economic activity stating that

the majority should be distributed primarily in and adjoining the Region‟s five

Principal Urban Areas (PUAs) including Nottingham.

4.23 The five PUAs have been identified as settlement conurbations that can

develop into sustainable urban communities where people will wish to live,

work and invest. They have the potential for:

A variety and choice of high quality, healthy, affordable and

sustainable living and working environments;

A sufficient number and variety of jobs to meet employment needs,

along with associated education and training opportunities;

Modern urban transport networks and modal interchanges with an

emphasis on public transport provision;

Vibrant central areas and local centres to serve communities with high

quality services, to promote identity and social cohesion and to drive

economic growth; and

Improved infrastructure capacity, including healthcare, recreational,

cultural and other facilities and green infrastructure

4.24 Policy 12 of the RSS considers development in the Three-Cities Sub-Area. This

states that outside Derby, Leicester and Nottingham, employment and housing

development should be located within and adjoining settlements. Such

development should be in scale with the size of those settlements, in locations

that respect environmental constraints, in particular the River Mease Special

Area of Conservation, and the Derwent Valley Mills World Heritage Site, and

the surrounding countryside and where there are good public transport

linkages.

4.25 Paragraph 2.4.40 identifies a number of large and medium sized settlements in

the Sub-area. Some like the Sub-Regional Centres are relatively free standing;

others such as Eastwood/Kimberley and Long Eaton are strongly related to

Nottingham and/or Derby.





4.26 Policy 13a provides a table setting out Regional Housing Provision. The total

housing provision for Broxtowe between 2006-2026 is 6,800 dwellings with an

annual requirement of 340 dwellings.

4.27 Policy Three Cities SRS3 identifies Broxtowe as requiring 340 dpa, of which at

least 180 should be within or adjoining the Nottingham PUA, including

sustainable urban extensions as necessary. Development in the remainder of

the District will be located mainly at Kimberley and Eastwood, including

sustainable urban extensions as necessary.

Broxtowe Local Plan

4.28 The Broxtowe Local Plan was adopted in September 2004 and provides policy

to 2011. The plan is therefore, time expired and the extent to which weight

should be afforded diminishes.

4.29 Table 4.2 of the Local Plan sets out Housing Provision between 1991-2011 based

on the Structure Plan requirement of 5,500 houses. This table sets considers

dwellings already completed, planning permissions not completed, windfalls,

conversions and changes of use and provides a figure of 1972 houses that

need to be allocated.

4.30 Policy H1 sets out a number of housing allocations a number of these are green

field sites adjacent to the urban area.

4.31 Policy E12 states that development will not be permitted which would detract

from the character or function of the protected open areas shown on the

Proposals Map.

4.32 Policy E16 states that planning permission will not be granted for development

on or adjoining local nature reserves or sites of importance for nature

conservation, which would damage or devalue their interest, unless there are

special reasons which outweigh the recognised value of sites. Where it is

accepted that there are special reasons for development to outweigh the

local value of the site, the applicant shall minimise harm to the site‟s features.

Compensation for the loss of the site‟s features will be required, secured by

planning conditions or negotiated planning obligations. Wherever

opportunities arise, appropriate measures should be taken to enable the

improvement or creation of sites of importance for nature conservation.





4.33 Policy E28 states that planning permission will not be granted for development

within the high flood risk areas shown on the proposals map and within other

parts of the catchments of the rivers Trent and Erewash which would increase

the risk of flooding.

Local Development Framework

4.34 The Broxtowe LDF will include a Joint Core Strategy being produced along with

other South Nottingham Authorities. An Issues and Options Paper was published

in 2009, an Option for Consultation was published in 2010 and the next stage is

the publication draft document expected later this year.

4.35 The Option for Consultation identifies that over 6,000 dwellings will need to be

found in Broxtowe Borough and while some of these can be accommodated

within the existing urban area, some Green Belt land may be involved. The

report sets out the overall spatial vision for Greater Nottingham and 19 strategic

policies which will bring about the vision.

4.36 The themes include:

-Sustainable Growth, with policies on climate change, and choices for location

of growth

- Places for People, with policies on housing, facilities, transport and culture

-Our Environment, with policies on bio diversity, landscape and open space

-Making it Happen, with policies focussing on infrastructure and

implementation.

4.37 The Local Development Framework sets out challenging strategic

development requirements to such an extent that Green Belt land, regarded

as being designated for protection for its own sake, is being contemplated for

development. It is clear that if the strategic development requirements are to

be accommodated then a balance needs to be struck with regard to

environmental matters, particularly given that Green Belt release should be

regarded as a last resort for strategic release.





5. The Case for the Development of the Site

5.1 This section of the report sets out the case for development of the site. It is

considered that the key issues raised in relation to the principle of development

are as follows:

1. The Government‟s Approach to Planning;

2. Principle of Development

3. Design and layout;

4. Archaeology;

5. Flood Risk;

6. Heritage Issues

7. Ecological Issues;

8. Trees;

9. Landscape Considerations;

10. Transport;

11. Section 106 Requirements;

1) The Government’s Approach to development

5.2 Subsequent to the Coalition Government coming into power, there have been

a number of significant shifts in policy and the approach to planning which are

considered to be material considerations in determining these proposals.

5.3 To a large extent the policy shifts have resulted in a more positive framework

for the determination of planning applications with an approach to

development that requires the answer to proposals and growth to be „yes‟

wherever possible. This is set out in the Ministerial Statement published on 23 rd

March 2011.

5.4 The Ministerial Statement went further, introducing a strong presumption in

favour of sustainable development with local planning authorities expected to

plan positively for new development, to deal promptly and favourably with

applications that comply with up-to-date plans and national policies, and

wherever possible to approve applications where plans are absent, out of

date, silent or indeterminate.

5.5 Furthermore, the Coalition Government published a paper alongside the

budget in March 2011 stating that every Council is expected to be firmly on the





front foot in encouraging and supporting growth, and in so doing Councils

must ensure that they are not imposing any unnecessary burdens in the way of

development.

5.6 More recently, the Coalition Government has published their draft National

Planning Policy Framework. This is intended as a composite document to

replace the existing Planning Policy Guidance Notes and Planning Policy

Statements. The DNPPF is a material consideration in respect of these

proposals, and reiterates the provisions of the Ministerial Statement of March

2011 and the paper published alongside the budget. The DNPFF is shortly to be

published in its finalised form.

5.7 However, the DNPPF goes further. This makes clear that local planning

authorities should use the opportunities available in driving forward and

supporting the growth that the country needs. Councils are required to make

every effort to identify and meet the housing, business and other development

needs of their areas and respond positively to wider opportunities for growth.

Indeed, local authorities are required to facilitate housing and ensure they do

not impose unnecessary burdens on development.

5.8 These are all important considerations. Historically the planning system has

functioned on the basis of regulating development. Whilst that regulation is still

a requirement of the planning system, there is a step change in its function in

order to facilitate development and for Councils to approach development on

the basis of seeking to approve proposals rather than stymieing investment and

growth.

2) Principle of Development

5.9 The site is located adjacent to the Principal Urban Area as defined within RSS

where the majority of new housing should be directed. This is highly material

since the RSS makes clear that housing in these locations offer the greatest

sustainability advantages. Such locations should therefore be maximised. The

site is not defined as Green Belt and is adjacent to the built up area. Given that

Green Belt release is envisaged in emerging LDF documents, and this should be

regarded as a last resort, sequentially the application site performs well and its

development will assist in reducing the quantum of Green Belt to be lost. At

the pre-application stage it was confirmed that there is a housing requirement

for the Nuthall area “and this site could potentially contribute to that”.





Existing housing is located to the north of the site and employment land at

Pheonix Park and public transport provision is located to the east and west at

Low Moor Road.

5.10 There are a significant number of facilities and services including local schools,

shops, employment provision, recreation ground, community facilities,

cemetery, motel and petrol filling station all in close proximity to the site. These

are within walking and cycling distance of the site. It is clear therefore that the

site offers a sustainable location for additional development to assist in meeting

Broxtowe‟s demanding housing numbers.

5.11 A key consideration in relation to the principle of development relates to Policy

E12 of the Local Plan. This seeks to protect the site from development which

would detract from the character or function of protected open areas.

5.12 It is important to recognise that the Local Plan is now time expired, and is

recognised as being out of date by virtue of the preparation of revised policy

forming part of the Council‟s Local Development Framework. The extent to

which Policy E12 is up to date is therefore to be questioned.

5.13 Notwithstanding, the site is not publically accessible and openly available for

the local community to use. It is not, therefore, useable, public open space. It

is an open area that the Local Plan designates as being important to the

setting of Hempshill Hall and to the approach to the City of Nottingham, albeit

it should be noted that views of the site from public vantage points are

extremely limited by virtue of topography and the perimeter tree belts.

5.14 Taking these matters in turn, as discussed later within this statement a Heritage

Statement has been prepared which assesses in detail the setting to Hempshill

Hall and the associated listed buildings. The report concludes that the

proposals will not have an adverse impact upon the setting of these buildings

and consequently in terms of impact on heritage assets the proposals are

acceptable. These conclusions apply equally in relation to justification from

Policy E12, and diminishe in materiality of the policy when the proposals fulfil

the objective of the policy in the first place.

5.15 Secondly, in terms of the approach to the City of Nottingham, as set out within

the site description the site is both visually and functionally related to the urban

area. The approach to the City of Nottingham in this location includes a





backdrop of residential properties and an urban character and form. The

application proposals will be consistent with the prevailing character, and

whilst views into the City of Nottingham would be altered by the proposals, this

change is not harmful particularly given that extensive areas of the site sit at a

much lower level than the elevated adjoining road network.

5.16 In any event, the Council recognise the need for additional housing in the area

and have acknowledged at pre-application stage that the application site

could fulfil some of the housing requirement. Development on the application

site is, therefore, in the Council‟s mind as part of the emerging Local

Development Framework policies, which reflects a significant housing

requirement generally and the locational policy objectives set out within the

Regional Spatial Strategy.

5.17 Site specific issues are considered further below, including reference to

statements that accompany the application submission. These reports have

shown clearly that there are no overriding issues that need to be overcome in

relation to the sensitive development of the site for residential use.

3) Design and Layout

5.18 The proposed layout reinforces the locally distinctive patterns of development

found in the surrounding area. The design approach offers continuity and

enclosure and the proposal provides a recognised street frontage at an

appropriate scale.

5.19 The overall form, structure and layout has been designed to allow for adequate

levels of separation distance between main windows and private amenity

space.

5.20 The proposed dwellings benefit from private gardens and shared amenity

space. The wider site will be viewed against the backdrop of an established

boundary hedge and existing trees which will in the most part be retained.

5.21 The siting of properties in relation to Low Wood Road have been carefully

considered to enable satisfactory levels of landscaping at the front.

5.22 The majority of existing properties in the locality are two-storey in height and

the proposed development has given due regard to matters in relation to scale





and massing and a thoughtfully designed development has been produced

that harmonises with its surroundings.

5.23 It is understood that there is a „desire‟ by local residents to extend the NET and

that this may involve land within the application site. This matter is discussed

within the accompanying Design and Access Statement. It is important to

recognise that the proposal is in its infancy having no funding, no programme

for the works and no formal design or technical analysis. Notwithstanding, the

applicants have provided two alternative routes for the NET expansion which

can be delivered in the event that funding becomes available. These

proposals will thus not fetter any future deliverability of the NET expansion and

the objective behind the Local Plan Policy in this regard is met.

4) Archaeology

5.24 An Archaeological assessment has been undertaken in respect of the site by

CgMs Ltd on behalf of BWB Consulting. The assessment has been conducted

in accordance with government advice set out in PPG16 „Archaeology and

Planning‟.

5.25 The assessment has established that since the 11th century Hempshill was a

small hamlet recorded as a deserted medieval village and a church. The exact

location of these monuments is unknown, although it has been suggested that

they were subsumed as part of the Hempshill Vale housing estate which was

built in the 1970s prior to PPG16. There is some potential for the southern part of

the site to contain the remains of a medieval mill that was documented in 1677

although this may have been destroyed by the construction of the A610 road.

5.26 The results of the work undertaken do not indicate that the site should not come

forward for development.

5) Flood Risk

5.27 A Flood Risk Assessment has been prepared Ayris and Ward dated February

2012. The report provides a PPS25 compliant assessment of flood risk and

drainage mattes.

5.28 The assessment has demonstrated that an un-named water course flows

through the site in an easterly direction before discharging into the River Leen





approximately 1.5 kilometres to the east of the site, and during an extreme

event water course may overtop its banks and inundate the site with flood

water. Secondary flooding sources have been identified, including overland

flooding and flooding from artificial drainage systems.

5.29 These flooding sources will be managed and mitigated on the proposed

development site by using a number of techniques and mitigation strategies to

manage and reduce the overall flood risk. It is important to recognise that the

majority of the site is located within Flood Zone 1 and, therefore, has a low

probability of fluvial flooding.

5.30 Notwithstanding, the proposed development is classified as less vulnerable,

which is a use appropriate within Flood Zones, 1, 2 and 3.

5.31 The overall results from the Flood Risk Assessment confirm that the risk posed to

the site from flooding from the un-named water course is very low.

6) Heritage Issues

5.32 A Historic Assessment has been conducted by Iain Smith, Historic Environment

and Planning Consultant to analyse the historic buildings at Hempshill Hall,

Hempshill Hall Farmhouse and the barns at the farmhouse and to comment on

their context and setting.

5.33 The Hall has retained its discrete landscape setting whilst the countryside

around it has gradually disappeared. The situation of the Hall and farm

complex today is characterised by their urban surroundings and the

domestication of the farmyard and its inclusion into the modern housing estate.

5.34 The remaining farmland at the farm complex is a relic of a much earlier age.

The land has no connectivity with any adjacent farmland or open countryside

that would give it context as it is contained entirely by urban developments.

5.35 The barns have created an inward looking urbanised group of farm buildings

one of which has been rebuilt in a way that changes its historic outlook by

turning into an inward instead of outward looking building.

5.36 Development of the remaining fields will have no adverse impact on the setting

of the listed buildings which should now be seen in their urban context and not





as a country mansion and farm. The development of the field will complete a

process that has defined the setting of the listed buildings since Cinderhill

Colliery was opened in the 1840’s. The process of urbanisation has been

changing the nature of Hempshill for over 150 years and the remaining

farmland is just the last stage in an ongoing process.

5.37 Overall the development of the remaining fields will not impact directly on the

Hall and its discrete landscape setting as there is no parkland with the Hall,

whilst the belt of mature tree screening between the Hall and the application

site will remain.

7) Ecology

5.38 An Ecological Assessment has been undertaken by Tim Outlaw, of Brooks

Ecological Ltd. In 2009 an extended Phase 1 survey to evaluate the ecological

value of all habitats occurring in the study area and to identify the presence of

or potential for any significant faunal communities especially protected species

was conducted. A subsequent reptile survey was also conducted. Brooks

Ecological Ltd have produced an update to these previous surveys and this

update has included a site visit, desk study and a comparison of existing

conditions versus those described previously.

5.39 The previous report indentified the following points:

All habitats in the survey area are of no greater than low value, based

on the vegetation communities present.

The pond and stream are considered to be of more importance due to

their potential to support white-clawed crayfish, but that neither habitat

would face significant impacts from the proposed development which

might impact upon this species.

No evidence of protected species was recorded within the survey area

during wither the desk study or field survey.

Some mature trees within the survey area had potential to support

roosting bats but again these would be retained within the

development and no significant impacts would be expected were they

present.

No existing linear features i.e. hedgerows or woodland strips would be

severed or removed as part of the proposals and any existing function

in this regard would be retained.





The site has limited potential to support any other protected species or

important faunal populations other than reptiles.

A full reptile survey was undertaken – none were recorded

Part of the survey area falls within the Hempshill Hall Local Wildlife Site.

However, the conditions at the time of the survey (including dominance

of tall competitive grasses and apparent lack of ecological

management) indicate that its condition was significantly poorer than

that described in the LWS citation.

5.40 The updated study has found that:

The site is generally considered still to be of low ecological value.

No significant changes to any of the habitats has occurred within the

intervening period between surveys and the evaluations presented

within the previous report are considered to remain entirely valid.

The continuing increase in the dominance of the competitive grass

species within the site’s LWS component, means that this area still

represents habitat of significantly lower value than that described in its

designation in 1998.

The site retains the same potential to support reptiles as it did when the

reptile survey was undertaken with no notable improvement in

connectivity or habitat value which may have caused a significant

increase or arrival of reptile populations.

As per the previous report the stream and pond should be considered

to be of a higher level of importance due to the potential of white-

clawed crayfish to occur.

5.41 It has been noted that the common toad population using the site may be

impacted upon by the proposals. As identified during the desk study in both

2009 and 2012 the species remains common and widespread in the local area.

The net loss in terrestrial habitat when compared to retained and newly

created habitat is considered highly unlikely to result in significant reductions in

the existing common toad populations. It can reasonably be concluded that

the proposed development would have no significant impacts upon common

toad populations both within the site and the wider area.

8) Trees

5.42 An Aboricultural Assessment has been conducted FPCR to present the findings





of a survey of mature trees at the site. The survey was carried out on 21st

December 2011 as a resurvey to the original tree report carried out in June

2009.

5.43 A total of thirty individual trees, eight groups of trees and two woodlands were

surveyed as part of the assessment. The tree stock present within the

assessment was structured in several distinct types, being as scattered mature

parkland style planting with open grown habits, collections of mature trees

forming prominent groups within the landscape and as significant woodland

parcels.

5.44 The tree survey has recommended that through the implementation of

appropriate arboricultural management it is considered that most of the

specimens can be successfully incorporated into the proposed development,

thus providing instant maturity and continuation of high amenity to the

landscape.

5.45 A total of two individual trees and one group were assessed as being in

category R (Remove). Sixteen individual trees and three groups were

considered as retention category C (low quality and value). Ten individual

trees and two groups were considered as retention category B (moderate

quality and value). Two individual trees, two groups and both woodlands were

considered as retention category A (high quality and value).

9) Landscape Considerations

5.46 A Landscape and Visual Assessment has been undertaken by FPCR to consider

the potential landscape and visual effects of proposed development on the

site.

5.47 The broader landscape context of the site is urban fringe and comprises large

residential areas to the north and south with a more mixed urban area to the

east. To the west of the site this landscape is also varied and includes further

settlement, farmland and scattered woodland, yet is dominated by the M1

motorway corridor.

5.48 Visibility of the site is very limited and the likely visual effects arising from any

future proposed development should not be significant. Nevertheless careful

consideration should be given to the setting of Hempshill Hall and to views from





the Hall, the public footpath and the small number of adjacent properties with

views into the site.

5.49 The site is outside the Green Belt boundary but identified in the Broxtowe Local

Plan, 2004 as a „Protected Open Area‟. The extent of this designated area was

defined in 1994 and its current relevance to the stated visual amenity and

recreational purposes of this policy is undoubtedly different to that existing 15

years ago. The importance of the designated area to the setting of Hempshill

Hall and to the road approach into Nottingham does no longer justify the

application of this policy.

5.50 Overall, the site could assimilate appropriate development without any

significant or unacceptable effects on the existing landscape and visual

resources. This is subject to the subsequent detailed design and extent of

development proposals. The site has the opportunity to incorporate some

localised and longer term landscape opportunities.

10) Transport

5.51 A Transport Assessment has been undertaken by OPUS Joynes Pike (OJP). The

assessment has identified existing sustainable links and infrastructure within the

vicinity of the site benefitting walking and cycling which are of a good

standard. The report recommends a new shared cycle/foot link to the south of

the site, connecting the site to the existing shared cycle route at the Nuthall

roundabout, new informal linkages within the site between Low Wood Road,

Anders Drive, Lovell Drive, A610, and the Pheonix Business Park.

5.52 The report states that the site benefits from excellent highway links to link with

the local and national Strategic Road Network. The assessment has

determined that the proposed development will have an insignificant impact

on the surrounding highway network.

5.53 The assessment has identified the level of parking provision required to

accommodate the site requirements. A review of the personal injury data

records has been undertaken concluding that the accident history for this type

of busy urban area is low.

5.54 In accordance with DfT/CLG TA Guidance a condensed New Approach to

Transport Appraisal (NATA) has been undertaken. The assessment concludes





that the proposed development benefits from good sustainable

facilities/infrastructure within the site, directly/indirectly promoting healthier

lifestyles, benefitting social inclusion and integrates with local, regional and

national policy.

11) Section 106 Considerations including Affordable Housing Statement

5.55 Policy H5 of the Local Plan seeks the provision of affordable housing, whilst

Policy RC4 of the Local Plan sets out requirements for contributions to

community infrastructure.

5.56 The requirements to be included within the Section 106 agreement were set

out at pre-application stage. This confirmed that there is no requirement for

any education contribution, as there are sufficient places at primary and

secondary schools in the catchment to accommodate the pupils generated

by the proposed development.

5.57 It was, however, confirmed that there is a requirement towards integrated

transport measures equating to £30,000 per net developable hectare; public

open space on-site and maintenance contribution equating £3,442.84 per

dwelling; and the requirement for 25% of housing to be affordable.

5.58 In terms of affordable housing, whilst provision on site is considered to be the

preferred method of delivery from the Council‟s perspective, discussions with

the Housing Manager and subsequent advice from Officers of the Council

indicate that a financial contribution as an alternative to providing affordable

provision would be acceptable in principle.

5.59 It is recognised that Officers of the Council indicated that some, but not all of

the affordable provision could be provided by way of an off-site contribution.

5.60 The applicants are concerned that the provision of affordable housing on site

will do little to address the housing need within Broxtowe. This is on the basis

that the application site adjoins Nottingham City and the affordable need for

the immediate area is being driven by residents within the city‟s boundary,

rather than within Broxtowe. Recognising that the benefits to accrue from

development should be spread across the Council in which development is

proposed, the applicants are proposing that in this instance exceptional

circumstances exist and that the provision of all of the affordable units by way





of an off-site contribution would assist to a much greater extent in meeting

Broxtowe‟s housing need, and would avoid this proposal fulfilling some of

Nottingham City‟s affordable housing need.





6. Conclusions

6.1 This Planning Statement has been produced on behalf of Langham Park

Developments. It relates to a planning application for residential development

of 139 units on land adjacent to Hempshill Hall Farm, Low Moor Road,

Nottingham.

6.2 The site is adjacent to the Nuthall Roundabout to the east of Junction 26 of the

M1 motorway located on the western edge of Nottingham City. The site

extends to an area of approximately 5.87 hectares and is in a highly

sustainable location. The site is bounded to the north by existing residential

properties to the south by the A610 and by Low Wood Road to the west. To

the east the site is bordered by Hempshill Barn, by existing properties fronting

onto Barn Close and by the grounds of Hempshill Hall and Hempshill Hall Farm.

The site therefore has clear physical and defensible boundaries.

6.3 In respect of facilities and services, the site is located within a highly sustainable

location. It is in close proximity to existing residential and employment provision,

schools, public open space, recreation provision, local shops, hospitals and

services and public transport provision. The site is a suitable location for

additional development given its sustainability credentials.

6.4 This statement has shown that there is a significant housing requirement and

that the majority of this housing should be located adjacent to the Principal

Urban Area, which includes the application site. Development requirements

are so significant as to require Green Belt release, a distinct benefit of

developing this site is that it is unfettered in Green Belt terms.

6.5 The proposals have been subject to significant pre-application discussion and

consultation with the local community, Parish, Ward and District Councillors as

well as Broxtowe Local Planning Authority and have been amended to address

issues raised.

6.6 This Statement has shown that the residential development of the site is wholly

appropriate given its sustainability credentials when assessed against, national,

regional and local policy.

6.7 The plans that accompany the planning application provide a

comprehensive, well planned residential development. It has excellent





pedestrian links to existing public transport provision and in particular the NET

tram system. It proposes a sympathetic development located in a landscaped

setting, providing improvements to the ecological value of the site through the

location of balancing ponds, areas of usable public amenity space and new,

well designed vehicular and pedestrian access.

6.8 The merits of the proposed layout have been considered and no conflict has

been found with relevant planning policy. Indeed the site layout makes full

benefit of the natural attributes and provides a quality urban design that

complements the surrounding, predominantly residential area.

6.9 Careful consideration has been given to boundary treatment and the

separation distances of proposed and existing dwellings to ensure that the

development offers adequate residential amenity. It has also shown that the

proposed treatment of the public realm will be of a high quality which will

complement the built form and enhance the appearance of the area.

6.10 Site specific issues have been given due consideration and a number of

supporting reports have been undertaken that should be read in conjunction

with the application proposals.

6.11 The proposals are considered to be acceptable in all respects and accord with

relevant planning policy and guidance. Officers are therefore respectfully

requested to recommend approval of the application, an approach which

would accord fully with the objectives of all the significant, contemporaneous

Government policy in seeking to promote sustainable development and

remove barriers to the much needed growth required to drive the economy

forward.