Report of Head of Regulatory Services - East Staffordshire · The cul-de-sacs leading off Lower ... sustainable scheme offering longer-term landscaping enhancements to the ... 18

East Staffordshire Borough Council – Planning Applications Committee – 18th March 2013

Item No. 5.3 Page 1 of 34

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Item 5.3 Site: Land at Red House Farm, Lower Outwoods Road, Burton upon Trent,

Staffordshire, DE13 0QX Proposal: Outline application for the erection of up to 250 dwellings, associated

landscaping, public open space, access, drainage, associated infrastructure, earthworks and other ancillary and enabling works including the demolition of all existing buildings

Report of Head of Regulatory Services

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____ Hyperlink to Drawing and Forms Application No. P/2012/01215 Case Officer: Michael Brown Application Type: Outline Planning Application Applicant: Mr S Dorrian Ward: Branston Ward Member(s): Councillor M J Bowering 01283 541855

Councillor P L Ackroyd 01283 536263 Councillor R G W Grosvenor 01283 741325 Councillor Mrs E J Staples 01283 561364 Councillor S Smith

Registered: 18 October 2012 Expires: 16 January 2013 _______________________________________________________________________ 1.1 The application site is 13.4 hectares (33 acres) of agricultural land associated

with Red House Farm. The site is located adjacent to the western edge of Burton upon Trent, between the ward boundary that separates Outwoods and Branston ward. The site is located approximately 2km from Burton’s Town Centre.

1.2 The site comprises a large area of open farmland, a farmhouse and a number of outbuildings. The outbuildings are used for the processing of turkey meat (Class Use B2). These buildings are located towards the northern boundary of the site and accessed from Lower Outwoods Road via a track. The fields are used for the cultivation of lawn turf.



1.3 Ribbon residential development is sited to the northern and southern boundaries of this site, with South Staffordshire Water’s Outwoods Reservoir facility to the south-east boundary and open countryside to the east and west.

1.4 Public Footpath Outwoods 11 runs from east to west across the northern

boundary of the site, connecting Shobnall Street to the east to Field Lane to the north.

1.5 The dwellings located to the edges of the site are a mixture of pre-war, post war and late 20th Century buildings. To the southern boundary and Reservoir Road there is a variety of semi-detached, bungalow and detached dwellings, generally erected in the 1930s. These properties form a distinct ribbon building pattern and are well set back from the road in a definite building line. To the northern boundary, Lower Outwoods Road contains a number of building types. Near to the development site there are 1970s detached dwellings set back from the road. Further along this road Victorian terraced property become more prevalent. The cul-de-sacs leading off Lower Outwoods Roads, St Margeret’s and St George’s Road predominantly contain modern detached bungalows.

2.0 The Proposal

2.1 The application is an outline submission, with all matters reserved, for the erection of up to 250 dwellings. The development also includes a scheme of Green Infrastructure, which will comprise landscaping, public open space, Sustainable Urban Drainage solutions, earthworks and other ancillary and enabling works to facilitate the development, including the demolition of all existing buildings.

2.2 The dwellings are proposed to occupy 9.6 hectares within the site at an average density of 27 dwellings per hectare. The remaining 3.8 hectares will comprise the various elements that will form the site’s open space and landscaping.

2.3 The dwellings are proposed to be a mixture of narrow and wide fronted buildings, with a minimum length of 5m and a maximum of 14m, a minimum width of 5m and a maximum of 12m and a minimum height to ridge of 6m and a maximum of 11.5m.

2.4 Access is to remain a reserved matter but indicative plans show that the sole vehicular access point to serve the site will be from Reservoir Road, where an existing gated access is located. Access onto Lower Outwoods Road will only be available for ambulances and bus and traffic control measures will be introduced to ensure this is the case.

2.5 The application has been accompanied by the following supporting information: -



• Design and Access Statement - Provides additional information on the scheme, and sets design principles and concepts that will influence and guide any future reserved matters submissions to ensure that the site is developed to a high quality. States the vision and benefits of the scheme will be to create a sustainable solution to the local community by creating an inclusive residential layout, a safe, secure and pedestrian friendly layout that improves permeability and ecological improvements for the site and area, through the provision of National Forest planting and new water bodies.

• Planning Statement – Advises that the development has been produced after extensive consultation with the public, stakeholders and the Council. The development has been assessed against existing national, regional and local planning policy together with the emerging Local Development Framework evidence base, and other material considerations such as the 5 year housing land supply position. The statement concludes that the application is supported by the thrust of the NPPF where the development represents a suitable use of the site, in a sustainable location, with an appropriate design and layout that will not have any adverse impact upon its surroundings and should therefore be approved by the Local Planning Authority.

• Arboriculture Report – Advises that there are 21 trees within the site currently. Two trees will have to be felled to enable the development, but both are considered of poor quality. A further one tree should be removed for sound arboricultural reasons. The remaining trees and hedgerows will be retained during construction through the establishment of appropriate root protection areas. Overall, it is considered that the provision of the development’s planting scheme will compensate for any losses with a sympathetic and sustainable scheme offering longer-term landscaping enhancements to the visual amenity of the site.

• Archaeological Desk Based Assessment – Identifies that the site does not contain any scheduled monuments, registered parks and gardens, registered battlefields or listed buildings, where there would be a presumption in favour of their physical preservation and against development.

Indicates that there is one scheduled monument, one conservation area and nine listed buildings in the vicinity of the application site have been identified and their settings considered within this report. No impact on these areas is proposed to occur. There is an undated D shaped enclosure to the southern boundary of the site that has the potential to contain archaeological finds. It is advised that the quality of the likely finds will not be significant enough to warrant their retention in situ, rather their excavation can be secured and recorded via condition.

• Energy Statement – Code for Sustainable Homes will be used to ensure the development’s sustainability. This will actively reduce its impact on the wider environment, both during the construction phase and importantly when occupied for the life of the building.



• Waste Audit Statement – Advises that the development is capable of according with the Council’s Refuse and Recycling Collection Policy.

• Services Report – Identifies that Service providers required to facilitate residential development in this location, supplying water, gas, telecommunications and electricity all have sufficient existing capacity available to serve this development.

• Flood Risk Assessment - Identifies that this site is located within Flood Zone 1 and therefore there is a low probability of fluvial flooding from a main river. There is however a potential for pluvial flooding, due to the topography of the site, which will have to be addressed through all impermeable surfaces being served by gullies, areas of open space and vegetation and the setting of buildings 150mm above ground level. Flood risk to the nearby Shobnall Brook and surrounding watercourses will be reduced through a restricted run off rate which will improve the situation for surrounding vulnerable areas. The scheme proposed to achieve this aim is an attenuation pond sited to the south eastern boundary.

• Landscape and Visual Assessment – The application site and its environs lie within the ‘settled farmland plateau slopes’ Landscape Character Type; part of the ‘Needwood Claylands’ Regional Character Area. It is assessed that the application site and its surroundings lack a sense of local distinctiveness, due to the removal of hedgerows and limited landscape features, and as such the landscape is considered to have an overall low landscape sensitivity. The visibility of the application site from mid and long distance views is predominantly contained by a combination of undulating topography, woodland blocks and orientation of many of the surrounding settlements, villages and towns. Views in close proximity to the application site are more open. Of those principal mid to long distance views that do allow views of the site (the position of which were agreed with the Council prior to formal submission of the application), such as from Denton Road looking southwest, Reservoir Road, looking north, Public Right of Way 5, looking southeast, Public Right of Way 17 on Outwoods Lane, looking southeast, Public Right of Way 4 from Hopley Road, looking east, the A444, within the Trent Washlands park, looking northeast, All Saints Church on Tatenhill Lane, Rangemore, looking northeast and Public Right of Way 7, looking north, have all been assessed and rated as having a medium visual impact on the landscape’s character. From Outwoods Lane, looking southeast and Beaufort Road, Winshill, looking west towards the application site, the sensitivity of the development’s landscape impact has been assessed and rated as low Of the secondary viewpoints, which have been assessed from Battlestead Hill, looking northeast, public footpath to the west of Newton Solney, looking southwest and Public Right of Way 14 on Belmot Road, Tutbury, looking



southeast, the visual; impact of this development has been assessed as medium. The viewpoint’s sensitivity from the National Memorial Arboretum has been assessed as high and from the public footpath adjacent to the former Drakelow Power Station site on Walton Road, looking north, the viewpoint sensitivity is low. The overall sensitivity of the immediate area surrounding the application site to visual impact is considered to be medium. Low visual impact receptors were those views considered to be transitory or isolated with little to no public access. The most sensitive views were identified as those from residential properties and Public Rights of Way situated on higher topography and the National Memorial Arboretum. The predicted residual landscape impacts are predominantly localised in scale and restricted to the application site, access routes, adjacent Public Rights of Ways and the adjacent residential areas. The landscape impact arising due to the proposed development of the application site will generally be contained by fencing during construction and is within a focussed area. Due to the size of the machinery and vehicles required for the earthworks and preparation of the land for the highways, foundations and necessary services, as well as those required for the delivery of materials and construction there will be a change in landscape character. The application site will become a more industrial small-scale landscape during the construction phase which has been identified as being of medium term (one to four years). Once the proposed development is complete there will be a localised change to the land use and marginal change in landscape character due to the newly built residential units that may be experienced in longer distance views. Key characteristics of the LCT will not be altered and the buildings will add to the described ‘diverse landscape’. The landscape proposals, as part of the proposed development, will assimilate the built form into the existing landscape character; providing both physical and visual green links through and around the site. It is, therefore, concluded that the residual magnitude of the landscape impacts will be medium during construction and low on completion. The landscape sensitivity of the application site and environs was assessed as being low. Combining this with the assessed medium magnitude of impact during construction and low magnitude of impact on completion of the proposed development, gives a significance of impact of minor / moderate during construction and minor on completion of the proposed development. The overall significance and nature of the residual impact is, therefore, minor / moderate and adverse during construction and minor and beneficial once the development is complete. Based upon the individual magnitude of impact for each viewpoint, identified above, it is concluded that the residual magnitude of the visual impacts upon those viewpoints in close proximity to the application site will be medium during construction and low on completion. Due to the undulating topography, existing built form and mature tree and hedgerow vegetation across the



surrounding landscape, the overall residual magnitude of the visual impact to the wider viewpoints will be negligible during construction and on completion.

• Noise Report – The noise assessment demonstrates that acceptable external and internal noise levels will be achieved for future residents, subject to appropriate noise mitigation, which is recommended as a matter that can be dealt with by way of planning conditions. The noise impact during construction, subject to the limiting of the hours of works undertaken is determined to be marginal.

• Travel Plan – An audit of the existing travel facilities has been undertaken which has identified that there are a number of facilities already in the vicinity of the site to encourage travel by sustainable modes, including existing bus and rail services and pedestrian / cycle routes to local facilities.

The broad objective of the Travel Plan is to promote the use of non-car modes to travel from the site. The Travel Plan sets out the measures that will be taken forward as part of the Plan once the development is fully occupied. The Travel Plan has outlined a package of measures to be administered by the site operators and residents, in co-operation with the local highway authority and other stakeholders and has also outlined a strategy for the monitoring and review of the Plan.

• Environmental Risk Assessment – Advises that the site may have some potential environmental risks, arising from its current uses and an historic landfill, located to the south of the site. These risks can be mitigated via a condition and resolved during development.

• Transport Assessment – Concludes that the development can be satisfactorily accommodated in terms of local transport networks, provided the improvement and mitigation schemes proposed in the document are implemented. In addition notes that the internal layout of the site complies with Manual for Streets and that there is local availability to public transport.

• Statement of Community Involvement – Outlines the degree of community involvement in shaping the scheme. States the main issues raised by the community and stakeholders within pre-application discussions, and how the applicant has responded to these in the application.

• Sustainability Report – Sustainable development and sustainable living have been a primary consideration of this development, evidenced through the masterplan. Advises that this development will achieve the objectives of both the Staffordshire and East Staffordshire Sustainable Community Strategies.

• Coal Authority Mining Report – The site is not affected by any past, present or future mining works.

• Ecological Appraisal - The project incorporates ecological features and extensive areas of new habitat, which in combination with the variety of



compensation, mitigation and avoidance measures will minimise any adverse ecological effects. The development will therefore promote a long term benefit to nature conservation resulting in an acceptable impact on this environmental resource.

3.0 Relevant Planning History 3.1 CU/08185/014 – Continued use of buildings for the processing of poultry meat

– Conditional Approval – 04/03/1998 3.2 PA/10623/004 – To develop 38 hectares of land for residential purposes –

Refused – 21/12/1984

3.3 PA/10623/005 – Erection of 500 dwellings - Refused – 22/07/1985

3.4 OU/08185/021 – Outline application to develop 1.65 hectares of land for residential purposes – Appeal Dismissed – 21/01/2005

3.5 P/2012/00969 – Screening Opinion – EIA not required – 28/08/2012

4.0 Consultations 4.1

Landscape Architect Consultant (IBI Taylor Young)

The applicant’s Landscape Assessment concludes that the development will be experienced in the context of existing residential areas and will beneficially alter the land use of the existing site. Suggests that this conclusion does not give due consideration to the importance of the rural setting, which is arguably the environment with which the application site bears the greatest connection to. With this in mind the impact on landscape character is not only confined to the site boundary, as Influence suggest, but instead the development impacts upon the wider rural setting. In terms of visual receptors, the locations identified by Influence as most sensitive are logical and it is agreed that each will experience some degree of residual impact. There is however some doubt concerning the methodology for assigning sensitivity and the resulting impact this has on the level of significance associated with each viewpoint, both during construction and on completion of development.



4.2

Environment Manager

The report demonstrates the difference of opinion between Influence and IBI TY in terms of sensitivity and significance. In summary, adjusting the sensitivity in line with The Guidelines for Landscape and Visual Impact (2002) has a direct effect on significance. In this case, viewpoints are often more sensitive and so the resulting significance is greater and more adverse. The scheme will require the developer to provide appropriate external storage, containers for refuse and recycling collection or pay a financial contribution to the Council for their provision via a Section 106 agreement, currently calculated to be £16,500. Specific details will have to be secured during consideration of the reserved matters. All containers should be provided prior to occupation and commencement of Council delivery collections.

4.3 Open Spaces and Development

No response received.

4.4 4.5 4.6

Environment Agency Severn Trent Water Ltd Housing Strategy

No objection subject to a condition requiring that the development be carried out in accordance with the submitted Flood Risk Assessment and the measures contained therein. A number of informatives specific to flood risk, protection of controlled waters, activities that may cause pollution and the protection of surface and foul waters are advised to be added to any decision notice. No objection, subject to a condition requiring that prior to the commencement of development, a drainage plan identifying how surface water and foul sewage will be disposed is submitted to and approved in writing by the Local Planning Authority. The scheme so approved shall be implemented prior to the occupation of the dwelling. Recommends that the density of the development be increased in order to secure planning obligations whilst remaining financially viable. Inclusion of extra care housing and single-person households could contribute to this increased density and also provide some social benefit.



In accordance with the Housing Choice SPD, which is based on the need established in the Strategic Housing Market Assessment the affordable housing contribution across the scheme will be for 30%), subject to viability. States that up to 15% (38) of the dwellings should be provided on-site and the balance as an affordable housing sum totalling £2,959,894... The specific type of social housing supplied on-site shall be agreed with the Council through the Masterplan.

4.7 Ramblers No objection. Note the proposed treatment for footpaths 10 and 11 Outwoods Parish which traverse the north eastern boundary of the site.

4.8 4.9

Police Liaison Officer Environmental Health Manager

No objections but provide advice relating to designing out crime within the development. Recommend conditions requiring the submission and approval of suitable noise attenuation measures in the areas of the site identified within the applicant’s noise report as requiring such. In addition, details of how noise and vibration from the construction phase of the development will be minimised shall be submitted and agreed by the Local Planning Authority. Identify the need for a scheme of dust prevention and mitigation measures for the construction phase of the development. Recommendations specific to hours of construction, commercial noise, dust, grease traps, ventilation and take away opening hours are all provided. The environmental risk assessment report submitted with the application identifies that the site is contaminated and therefore recommends an intrusive investigation of soil, ground gases and surface water. Recommend a condition requiring that prior to the commencement of development a ground gas assessment be undertaken and should this identify the need for mitigation measures then all buildings will need to be constructed with gas resistant



4.10 4.11 4.12

Staffordshire County Council (School Organisation Team) Natural England The National Forest Company

membranes. Recommend that any material imported into the site for landscaping areas must be analysed. Informatives specific to PPE and hygiene practices, soil imported for landscaping areas and additional requirements for the contaminated land report are also provided. The development site falls within the catchment area of John Taylor High School, Paget High School, Shobnall Primary School, Belvedere Junior School and Grange Community School. A development of 250 dwellings would produce approximately 53 Primary School aged pupils, 27 Secondary School pupils and 6 Sixth Form pupils. All of the above schools are full for the foreseeable future and therefore request a contribution of £1,141,599 towards education provision. No objection and identifies that this site is located within an area designated as being potentially improved through green infrastructure provision. Advise that the retention of the mature trees within the site will provide potential for bat roosting. Should any works be required to these trees then further survey work will be required. Continue to highlight that a condition requiring a detailed mitigation and monitoring strategy for great crested newts will be needed. No objection but requests a condition requiring the production of a suitable Ecology and Landscape Management Plan, which would set out the management objectives and methodologies required during pre-construction, construction and the lifetime of the development for retained and new planting. Advises that retention of existing mature trees and hedgerows within the site will benefit its landscaping. Considered that the expert opinion of a Landscape Architect be sought to assess the potential for long range views of the development given the site’s elevated position and potential to create a hard urban edge.



4.13

Planning Policy Manager

Highlights that the masterplan indicates an area of open space and planting, covering in excess of the 30% required by the Company’s Guide for Developers and Planners. Requests that this layout, including the provision of the public rights of way improvements, public open space and attenuation pond, within the first year following the commencement of development, be secured via condition to ensure its retention into any reserved matters application. Guidance regarding the layout and design of the green space is supplied as is the potential for future ownership and maintenance of these areas. Recommend a condition requiring that the development be constructed to a minimum of Code for Sustainable Homes Level 3. Improvements to off-site footpaths should be secured via the Section 106 agreement. Advise that in accordance with the National Planning Policy Framework (NPPF), paragraph 196 that planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. The development plan for East Staffordshire currently comprises the West Midlands Regional Spatial Strategy, Staffordshire Structure Plan and Local Plan Saved Policies. The Regional Spatial Strategy, in accordance with the Coalition Agreement is soon to be abolished and therefore caution is needed on the inclusion of regional policy in decision making. The NPPF clarifies that for 12 months from the date of its publication, decision takers can give full weight to policies adopted since 2004 even if there is a limited degree of conflict with the Framework. The Local Plan was adopted in 2006 and therefore accords full weight. Paragraph 49 of the NPPF requires that should a 5 year land supply of housing not be available, within a Borough, then relevant local policies controlling new housing development should not be considered up to date. Therefore any residential development should be considered



4.14

Staffordshire County Council (Highways)

favourably, subject to it be sustainable. The Council can demonstrate a housing supply figure for the end of January 2013 of 6.02 years. Therefore Saved Structure Plan Policy H11 and Saved Local Plan Policy NE1, which both seek to limit residential development in the countryside, retain full weight. The Preferred Option plan contained within the emerging Core Strategy (which carries very little material planning weight currently) does not contain this site, due to the fact that relatively speaking, other sites were found to be better in terms of sustainability, when assessed against the requirement at time of publication. Given the above, the application does not accord with Local Plan Saved Policy NE1 and Staffordshire Structure Plan Saved Policy H11, because of the location of the site outside of the development boundary and the fact that special circumstances for permitting the dwellings (agricultural need etc) do not exist. Therefore recommend refusal. No objections, subject to conditions requiring that no development shall commence until full details of parking, turning, servicing, means of surface water drainage, surfacing materials, longitudinal sections, a restrictive road configuration at the connection with Lower Outwoods Road and improvements to the permissive route between the site and Burton Town Centre have been submitted to and approved by the Local Planning Authority and thereafter implemented in accordance with the details so approved. Prior to the submission of any reserved matters a masterplan shall be submitted to and approved by the Local Planning Authority, which shall include a movement framework, connections to the surrounding area and through the site, for all modes of transport, a public transport route strategy, including timetable for implementation and infrastructure, street layout and character including measures to restrain the speeds of vehicles to 20mph, development phasing and a paring strategy, which shall include the provision of secure cycle storage for each dwelling.



4.15 4.16

Highways Agency Burton Civic Trust

No works shall commence until a Construction Management Plan has been submitted to and approved by the Local Planning Authority, which shall include details of the routing of construction vehicles to and from the site, parking facilities, arrangements and areas of storage for the loading and unloading of plant and materials and measures to prevent the deposition of material onto the public highway. A number of Informatives are provided which identify that the development will require consent under Section 7 of the Staffordshire Act 1983 and will require a Section 38 of the Highways Act 1980. In addition requires the Section 106 agreement to provide capital contributions of £212,500 towards highway improvements on the local network, £30,000 towards a traffic calming solution on Forest Road, £3,000 for making a Traffic Regulation Order in respect of revisions to the double yellow lines on Reservoir Road, between Highcroft Drive and Forest Road and £6,200 for a residential travel plan monitoring fee. The Section 106 should also secure a treatment to part of Reservoir Road, to make the surface grippier, the provision of 3 grit bins, the provision, prior to the occupation of the 50th dwelling of public transport between the site and Burton Town Centre, at no less than half hourly intervals between 0700 and 1900 on Monday to Saturday. No objection. Object to the development on the grounds that the site is not designated within the emerging Local Plan and the Interim Sustainability Appraisal highlights that it is considered less sustainable than others under consideration, due to concerns regarding an increase in cross town traffic, an inappropriate access and the topography of the site resulting in a development having a significant negative impact on the countryside and landscaping. Highlight this is a large greenfield site, currently in use as productive farmland, whilst the development would offer no employment opportunities.



The access roads are not suitable for increased use, whilst surrounding roads already experience significant congestion. The proposal fails to protect t the skyline of Needwood Plateau, resulting in the development dominating the view from Needwood plateau. Raise concerns regarding the viability of the scheme given the current state of the economy.

4.17 Shobnall Parish Council Object to the development as Reservoir Road is considered inadequate and unsafe to be used as the principle access to serve this development, as this road is narrow, with limited footpath space and exceptionally steep and in winter becomes unusable. In addition the junction with Shobnall Road is heavily congested and located in close proximity to Shobnall School increasing the risk of accidents. Shobnall Road itself is very heavily congested, a problem that will be exacerbated by other developments already approved or proposed within the surrounding area.

4.18 4.19

Anslow Parish Council Outwoods Parish Council

Object to the development on the grounds that the application fails to allow for a road to be built to improve access to Queens Hospital. In addition traffic flow to and from the proposed development will significant increase congestion on Forest Road, increasing danger for users of Shobnall Primary School. The current character of Outwoods ward is semi-rural, with housing development on low lying land and low density ribbon development. This development being sited on top of an escarpment would detract from this character, urbanising this area. The impact of the proposal on surrounding local services and infrastructure will be significant and even more so when it is noted that the development will facilitate the building on the wider Red House Farm site for 699 dwellings. Reservoir Road is steeply banked, which causes significant issues currently for occupants trying to gain access to their dwellings, especially in bad weather. Raise concerns that the anti-skid surface will not be effective in icy conditions and given the



proximity of schools and the fact that buses and ambulance would now be using the road this raises significant safety concerns. The proposed introduction of parking bays at the bottom of Reservoir Road, is likely to cause highway danger, through restricting driver’s views. Traffic calming will also only serve to further restrict flow within this area and increase congestion. The surrounding highway network to the site is already congested and there is insufficient scope to improve these roads sufficiently to cope with any additional demand. Consider the offer to install traffic calming measures on Forest Road as an admission that there are severe traffic problems within this area. The increase in congestion, combined with the loss of an employment generator and the failure to provide any commercial accommodation within the development means the development will have an adverse economic impact. In addition, any residents will have to travel to work or shops and given the poor connections to public transport and land gradients around the site,. Which limit walking and cycling opportunities, this will be via private car. Lower Outwoods Road, given the number of cars that park upon it is unable to cope with any increase in traffic. Should access for all be provided across the site from Reservoir Road then a rat run would be established which will hinder access to the hospital. Redhouse Farm was considered as part of the Council’s Preferred Options for housing development where after a detailed sustainability appraisal it was not considered the most sustainable area for development and was therefore not included in the current preferred option. Therefore believe the development is in conflict with public opinion and is unsustainable. The ad hoc nature of this development, which could be approved prior to the implementation of the local plan will place unpredictable and unplanned burdens on local services and



infrastructure particularly highways and could threaten the viability of other more sustainable projects. The need for the developer to have to pay to subsidise the bus service for this site identifies that it is not viable in the long term and as such sustainable alternatives to the private vehicle are unlikely to be provided. Local schools will be unable to cope with additional demand generated by this development, due to this site not being within the planned framework for Burton. The SUDs system will only be of benefit if it is properly maintained and given the Local Authority do not adopt such features and no contact has been made with Outwoods Parish Council to look after this feature, this pond could potentially damage the local environment. Given the above concerns regards the development as failing to comply with the 12 core principles of sustainable development outlined within the NPPF.

4.21 4.22

Horninglow & Eton Parish Council Branston Parish Council

The infrastructure within Horninglow and Eton and Shobnall wards will not be unable to cope with the additional demand generated by this development. In particular there will be issues with traffic, road widths, sewerage and waterflow. Object due to infrastructure.

5.0 Publicity/Representations 5.1 Neighbours have been informed and 2 site notices placed around the site and

a press notice issued. The period for the receipt of comments expired on 17th November 2012. A total of 615 letters of objection have been received at the time of writing this report, which can be summarised as:

Planning Policy Considerations 1)

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The site is not designated for housing development within the emerging local plan. There are more sustainable sites that could be developed before this site is considered.



3) Application have been made to develop Red House Farm for residential development in the past, which have been refused. The issues raised when rejecting these application presumably remain valid now.

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The development fails to provide sufficient employment land to comply with planning policy. Approval of the development would open the way for further development on adjacent land, which exacerbate the concerns regarding the development. Questions the Council’s housing figures and the need for so many dwellings within the Borough. Social and Economic Considerations The population growth would increase pressure on local education, the hospital and social services, which are already operating at capacity. There are insufficient employment opportunities within Burton upon Trent for this development to be considered sustainable, as occupants will have to travel outside of the immediate area for work. Environmental Considerations The drainage system within this area has insufficient capacity to cope with the additional demand this development would generate, as evidenced by overflowing drains at the junction of Reservoir Road and Shobnall Road and to the front of dwellings on Reservoir Road. The site provides a habitat for a large number of animals, particularly protected bats and great crested newts which in terms of the grassland and mature trees would be destroyed should this development occur. Insufficient information has been submitted to demonstrate that surface water drainage will be successfully mitigated for within the site and therefore, concerns regarding flood risk arise, due to an increase in impermeable surfaces. The increased traffic volume will affect the natural environment within the local area. Design Considerations A new build scheme would be totally out of character with the existing built form within the surrounding area. The development will impact on views from Henhurst Hill, Sinai Park, the far side of the Trent Valley, Burton Town Centre and the A38, increasing visual urbanisation within this area, introducing built form onto a ridge and blighting



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the countryside. Street lighting that will serve the development, due to the location of the site to the crown of a hill, will be very visible from the surrounding area having an urbanising effect on this area. The developer has failed to demonstrate the use of sustainable design and renewable technologies within the development. Impact on existing residents The vibration from the increased level of traffic will impact on the structural integrity of nearby properties. Additional impacts upon existing residents as a result of this development include a risk to human health, through pedestrian and vehicular conflict, noise, dust and air pollution. The development, through altering a quiet cul-de-sac road, into a principal vehicular access, for a large housing estate, will have a significant impact on the amenities of existing residents. The development would erode the sense of community within the area.

Highway Safety Considerations

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Reservoir Road and Lower Outwoods Road given their steepness are not suitable accesses for this development, especially in winter months where they can be impassable. Lower Outwoods Road is not designed, due to its restricted width, on street car parking congestion and drainage capabilities, which causes water run-off to enter the road and ice over, to sustain any additional traffic. The junction between Shobnall Road and Reservoir Road is unable to cope with any additional traffic and will further endanger children’s lives, who attend Shobnall School, which is sited adjacent to this junction. The B5017 is severely congested currently, prompting residents to form the STAG Group in order to reduce traffic, whereas this development would increase congestion, through the number of trips to and from the site increasing significantly. The belief that ambulance response times will be reduced due to the development will be reduced is pure guesswork, especially when the parking issues adjacent to the school are considered. The increased area covered by parking restrictions near the Reservoir Road and Shobnall Road junction, will not address parking issues within this area, rather displace them further along Reservoir Road. The traffic survey submitted with the development was undertaken in a school



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holiday and as such does not provide an accurate representation of the congestion problems within this area. The access into Oaks Wood is sited on Reservoir Road and there is no footpath to the end of the trail. Thus users emerge into the road, which if in greater use, raises safety concerns. Due to the steepness of the site’s access roads, residents are unlikely to walk or cycle to local amenities and rather car usage will be the sole means of transport.

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Non-Material Considerations Residents of the development will commute to Birmingham, Derby, Nottingham and further afield having no benefit on the local economy. Houses on Reservoir Road have generally sold quickly when available, indicating high demand for this location. This demand would diminish should the development occur and result in a devaluation of property prices. There are other sites available in and around Burton that would be more appropriate to develop. There are already a large number of empty dwellings within Burton, which demonstrates that there is no need for this development. The site is within the Greenbelt and therefore its development would contradict the objectives of the NPPF.

A letter of support has been submitted by the applicant from the CEO of Queens Hospital. The comments raised within the letter can be summarised as:

� The direct link between Reservoir Road and Lower Outwoods Road that will

be provided for ambulances and buses, will be to the benefit of the hospital, through reducing travel time currently suffered on roads surrounding this site. On this basis offers the support of the Trust.

A further letter of support has been submitted by the applicant from the West Midlands Ambulance Service and the comments raised within this letter can be summarised as:

� The proposal would deliver significant benefits for ambulances wishing to

access Queens Hospital, particularly from villages around the north of Burton and will reduce pressure on constrained parts of the existing highway network at Shobnall Street and Dallow Street to the benefit of the patient experience.

Councillor Staples – “With reference to this planning application I would like to formally object.



I consider this application premature in that East Staffs is still in the process of completing its new local plan via the core strategy. This land was not included in the options which has been out for consultation, and to allow this to be passed before all other sites are considered could have an adverse affect on the local plan. This site is a difficult area to access and I do not think this has been fully addressed. The traffic management plan states that by having housing there will be less HGV traffic on Lower Outwoods Road. I agree this road in entirely unsuitable to HGV traffic, hence the need for the TRO on the right side of the road. Therefore to state that buses can access the site from Lower Outwoods Road is a contradiction in terms. This road is entirely unsuitable for either forms of traffic. The main access is from Reservoir Road, this road is certainly wider but has its own problems with the steep hill that is there. I do not think there has been enough traffic mitigation plans put forward for the improvements that would be needed for the junction of Reservoir Road and Shobnall Road. This site is also on a high elevation on the escarpment and I have real concerns/ reservations about the statements made that the housing will not have an adverse effect on this area, and not spoil views of the escarpment. I agree that the plans shown, appears to be open with generous forest planting, on the steep slopes, but suggest unless further ideas can be put forward for better access this is a further reason to refuse the application”. 6.0 Policy Framework 6.1 National Policy

National Planning Policy Framework 6.2 Regional Spatial Strategy RR1 Rural Renaissance RR4 Rural Services CF2 Housing Beyond Major Urban Areas CF3 Level and Distribution of Housing Development CF5 Delivering Affordable Housing & Mixed Communities QE1 Conserving and Enhancing the Environment QE3 Creating a High Quality Built Environment QE4 Greenery, Urban Greenspace & Public Spaces

QE5 Protection and Enhancement of the Historic Environment QE8 Forestry and Woodlands QE9 The Water Environment T2 Reducing the Need to Travel T3 Walking & Cycling T4 Promoting Travel Awareness



6.3 Staffordshire Structure Plan (Saved Policies)

D1 Sustainable forms of Development. D2 The Design and Environmental Quality of Development. D4 Managing Change in Rural Areas. D6 Conserving Agricultural Land. D7 Conserving Energy and Water. D8 Providing Infrastructure Services, Facilities and/or Mitigating Measures Associated with Development. H3 Mixed Use Developments. H4 Portfolio of Sites. H11 Housing in Open Countryside. T1A Sustainable Location. T1B An integrated Transport Strategy. T3 Rural Areas. T4 Walking. T5 Cycling. T7 Public Transport Provision. T11 Management of Traffic. T13 Local Roads. T18A Transport and Development. NC1 Protection of the Countryside: General Considerations. NC2 Landscape Protection of Restoration. NC9 Water Resources. NC12 National and Community Forests. NC13 Protection of Trees, Hedgerows and Woodlands. NC14 Sites of Archaeological Importance. R1 Providing for Recreation and Leisure.

6.4 East Staffordshire Local Plan (Saved Policies)

CSP4 Urban and Rural Regeneration. CSP5 Infrastructure and Community Provision. CSP6 National Forest. NE1 Development Outside of Development Boundaries. NE14 National Forest: Planting Schemes. NE15 National Forest: Implementation of Planting Schemes. NE27 Light Pollution. BE1 Design. H2 Housing – Large Windfall Sites. H6 Housing Design and Dwelling Extensions and Housing Densities. H12 Affordable Housing. R1 Retail Areas and Town Centres. R14 Local Convenience Shopping. R16 Quasi-Retail Uses. T1 Transport: General Principles for New Development. T2 Transport: Strategic Highway Network. T3 Development Proposals Impacting on the A38. T6 Parking Areas: Design. T7 Parking: Standards. T8 Public Transport.



L2 Landscaping and Greenspace. L16 Community Facilities Required by Public Authorities.

6.5 Supplementary Planning Documents/Guidance Fields In Trust Open Space Housing Choice East Staffordshire Design Guide Circular 05/2005: Planning Obligations Circular 11/95: The Use of Conditions in Planning Permission Staffordshire Bio-Diversity Report Natural Environment & Rural Communities Act 2006 The Conservation (Natural Habitats & c) Regulations1994 Parking Standards Core Strategy Draft Pre-Publication Strategic Options Planning for Landscape Change Green Infrastructure Study Landscape and Visual Impact Assessment

7.0 Human Rights Act 1998 7.1 There may be implications under Article 8 and Article 1 of the First Protocol

regarding the right of respect for a person’s private and family life and home, and to the peaceful enjoyment of possessions. However, these potential issues are in this case amply covered by consideration of the environmental impact of the application under the policies of the development plan and other relevant policy guidance.

8.0 Main Issues/Evaluation 8.1 The key considerations in the determination of this application are as follows: -

1. Principle of the Development 2. Design and Impact on the Character and Appearance of the Area 3. Impact on Residential Amenity

4. Highway Considerations 5. Flood Risk

6. Impact on Ecology 7. Other Matters including Affordable Housing and Section 106 requirements

8.2 Principle of the Development 8.2.1 The National Planning Policy Framework (NPPF) sets out a presumption in

favour of sustainable development. It also re-emphasises that the starting point for decision-making is the development plan, and that where proposed development accords with an up-to-date plan it should be approved, and where it does not accord with the plan it should be refused, unless material considerations indicate otherwise. Saved policies within the existing Local Plan can currently be given full weight in the determination of applications. The policies in the NPPF constitute material considerations, but take



precedence on matters where there are no relevant up-to-date policies in the development plan. Saved policies in the Structure Plan do not qualify as up-to-date policies as defined by the NPPF, but can still be attributed some weight where they are in general conformity with the aims and objectives of the Framework.

8.2.2 The development plan for East Staffordshire is comprised of saved policies in

the Local Plan, Staffordshire Structure Plan and the West Midlands Regional Spatial Strategy. The Government announced in the Coalition Agreement its intention to “rapidly abolish regional spatial strategies and return decision-making powers on housing and planning to local councils”. The objective was to make local plans, and where desired neighbourhood plans, the basis for local planning decisions.

8.2.3 The Government has consulted upon a Strategic Environment Assessment on

the likely significant environmental effects of the revocation of the West Midlands Regional Spatial Strategy and the Regional Economic Strategy (which together form the Regional Strategy in force for the West Midlands). The SEA consultation closed on the Thursday 24 January 2013. It is unclear when the RSS will be formally revoked but it is anticipated that this could occur fairly quickly. Caution is therefore needed, depending upon when revocation occurs and the timeline for taking this application to committee, on the inclusion of regional policy in decision making. Urban renaissance and prosperity policies are currently most relevant.

8.2.4 Structure Plan Saved Policy H1 and Local Plan Saved Policy H1 which set out

housing provision for the Borough Council are not saved policies owing to the incompatibility of the housing targets to the then emerging RSS and the higher level of growth proposed. The adopted Local Plan is therefore based on delivering a spatial strategy underpinned by a planning framework, which delivers a level of growth that has been subsequently superseded. Saved Local Plan Policy H2 seeks to deliver brownfield sites to aid urban regeneration in advance of greenfield sites. Greenfield sites are not permitted unless it can be clearly demonstrated that the Structure Plan housing requirement cannot be met through use of sites on previously developed land. The Structure Plan target had been met upon adoption of the Local Plan in 2006 through existing permissions resulting in the adopted Local Plan not requiring any housing allocations to be made.

8.2.5 The starting point for decision-making in respect of the Greenfield development,

which is outside of any defined development boundary, is Saved Policy NE1 of the Local Plan. This policy seeks to restrict new development in the countryside to that which could not reasonably be located within a development boundary and which is essential to the efficient working of the rural economy or otherwise appropriate in such a location because of the nature of the development. Saved Policy H11 of the Structure Plan re-iterates this principle with specific regard to housing, stating that new housing outside development boundaries should be restricted to that which meets a need for affordable housing, or is required to enable an essential worker to live at or near their place of work.



8.2.6 The National Planning Policy Framework (NPPF) set out the Government’s

planning policies and how these are expected to be applied.

Paragraph 14 of the NPPF clearly states that

• development proposals should be approved that accord with the development plan without delay; and

• where a development plan is absent, silent or relevant policies are out-of-date, local authorities should grant permission unless:

o any adverse impacts of doing so would significantly and demonstrably

outweigh the benefits, when assessed against the policies in the NPPF taken as a whole; or

o specific policies in the NPPF indicate development should be restricted.

8.2.7 This presumption in favour of sustainable development ensures that

development which is sustainable is approved without delay providing that paragraph 14 is adequately demonstrated. It is important therefore to clarify if the Development Plan is absent, silent or if relevant policies are out of date.

Paragraph 214 of the NPPF clarifies that for 12 months from the date of publication (of the NPPF - 27 March 2012), decision takers may continue to give full weight to relevant policies adopted since 2004 even if there is a limited degree of conflict with the framework. Paragraph 215 further clarifies that following this 12 month period, due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework.

For clarification the Local Plan was adopted in 2006 and therefore falls within the definition in Paragraph 214 as a plan that accords full weight until the 12 month transition is over. Caution is however required depending on the determination timeline for this application.

Further clarification of the term out-of-date is provided in paragraph 49, which states that relevant policies for the supply of housing, should not be considered up-to-date, if the local planning authority cannot demonstrate a five year supply of deliverable housing sites. The Council’s current position is that the 5 year supply can be demonstrated. The supply figure at the end of January 2013 is 6.02 years and so in this respect the adopted Local Plan is not out of date.

8.2.8 The Core Strategy is at an early stage in its development with the Preferred

Option consulted upon in July 2012. The spatial strategy set out in this document, was based on a locally derived housing requirement figure, in accordance with Paragraph 14 of the NPPF. The objectively assessed housing requirement figure takes into account the housing need arising from the Borough. It is clear however that subsequent to preparing a new housing



requirement and following on from consultation on the Preferred Option that additional work is required to re-assess the requirement in light of new information. This work is underway and it is likely that the housing requirement figure will increase and form part of the next iteration of the Local Plan.

8.2.9 The application site does not form part of the Preferred Option Local Plan. The

amount of weight that can be attached to emerging policy when it is at an early stage of preparation and given that the housing requirement and consequently the housing spatial strategy is going to change is limited.

8.2.10 Exclusion of the site from the Preferred Option Local Plan was on the basis

that the site was deemed to be less sustainable than others being considered, due to it being located at the top of a hill, ensuring significant landscape impact, the existing road network offering poor access, due to gradient and the likelihood of increasing cross town traffic.

8.2.11 In conclusion the development plan is the starting point for determining

development. The application site is outside of the development boundary for Burton and therefore covered by countryside protection policies. This development, through neither serving a specific agricultural endeavour, or meeting a highlighted affordable housing shortfall, fails to comply with the requirements of these policies and therefore the development would constitute inappropriate encroachment into the rural environment, to the detriment of the appearance and character of this rural landscape.

8.3 Design and Impact on the Character and Appearance of the Area 8.3.1 Saved Policy BE1 of the East Staffordshire Local Plan states that planning

permission will only be granted for proposals that relate well in design terms to their surroundings. In establishing whether the development is acceptable in design terms, it requires that several factors be taken into account, including the scale, massing and height of the proposal and materials from which it is to be constructed in the context of the site and its surroundings. Saved Policy H6 expands upon this aim with specific reference to residential development. It requires new dwellings to integrate well within the street scene.

8.3.2 The East Staffordshire Design Guide elaborates upon the requirements of

Saved Policies BE1 and H6. It states that:

a) Residential layouts should be designed with focus on the streets and spaces between dwellings rather than the individual buildings themselves;

b) The location of buildings in relation to streets should create interesting streetscapes including consciously arranged views and vistas within and out of the development;

c) Long straight and sweeping roads should be avoided with a preference for

traffic calming inherent in the design of the development;



d) Repetitive house types should be avoided;

e) The cramming together of large numbers of detached properties should be

avoided. f) High proportions of frontage car parking will not be acceptable.

8.3.3 The application has been submitted in outline, with all matters, reserved for future approval. However, in accordance with the Town and Country Planning (Development Management Procedure) Order 2010, the application also includes details of the approximate position of buildings, open spaces and routes and upper and lower height limits for the proposed buildings.

8.3.4 While the site, as discussed above, adjoins areas containing a variety of pre-

war, post war and mid to late 20th Century buildings, the scale of development is such that it forms an urban infill extension to Burton and is therefore capable of creating its own context and character. However it will be important to ensure that development assimilates satisfactorily not just with adjoining built form, but also with the rural edge of the town.

8.3.5 The indicative layout shows a relatively low density across this site of

approximately 27 dwellings per hectare, this will however vary across different character areas with a slightly higher density expected to the centre of the site. The housing development is arranged around a central spine road; which will form the bus corridor through the site; from which various minor streets will spread. The housing is arranged in a grid style of development. The dwellings are generally sited facing onto the highway, which provides a degree of enclosure to the street. Building lines are relatively consistent throughout the site. Details of the scale of the proposed dwellings are provided, and it is suggested that the vast majority of the site will be 2 storeys. In addition it is proposed that there will be a mixture of narrow and wide fronted dwellings within each street scene to create visual interest. No specific detail regarding the building types has been provided, with the sole built form commitments, being for the use of bold windows, a simple material palette, dormer windows where appropriate and a variety of facades within each street scene. Overall, the design response promoted by the applicant is acceptable but lacks detail and does not clearly indicate that a quality scheme will be produced within this site. This issue though, whilst raising concerns, can be resolved through a suitably worded condition and through any forthcoming reserved matters application, when design will be fully addressed.

8.3.6 The indicative layout shows an appropriate level of open space and tree

planting, which comprise the site’s public open space provision. The majority of the open space is sited to the western boundary of the site on the hill side, with smaller parks evident within the built form, sited adjacent to the spine road. The open space and landscaping, which comprises amenity grassland, improved hedgerow planting, a play area, woodland planting and an attenuation pond, providing ecological and flood risk benefits, totals 3.8ha. The level of open space provided within the application is over and above that



required by the ‘Open Space’ Supplementary Planning Document, supplies the necessary 30% National Forest provision on site, secures a green corridor around the existing public right of way and employs small park and squares that will aid in greening the built environment.

8.3.7 The Planning for Landscape Change, Supplementary Planning Guidance

identifies this site as being of settled plateau farmland slopes, landscape character type. In addition this document also identifies this site as being in an area where landscape enhancement is necessary.

8.3.8 The centre of the site, where the dwellings are proposed to be erected, is

plateaued at approximately 96m AOD. The site slopes down to the western boundary to 81m AOD, whilst to the bottom of Lower Outwoods Road, the land level is 65m AOD and 55m AOD to the bottom of Reservoir Road. These land levels demonstrate the prominence of this site, due to the landform within this area. The applicant has sought to address this potential impact through landscaping measures, and the submission of a Landscape and Visual Impact Assessment (LVIA).

8.3.9 The LVIA identifies that the landscape value and sensitivity of this site is low

(as identified by guidance produced by the Landscape Institute and Countryside Agency), given the current intensive agricultural practices within the site that have resulted in the removal of hedgerows and creation of large fields. The landscape magnitude impact is assessed as medium during construction, when cranes and large plant is on site and low upon completion, due to the lack of features within the site. The overall impact of the development on the existing landscape form is considered to be minor / moderate and adverse during construction and minor and beneficial upon completion.

The sensitivity of the viewpoints agreed by the Council to be assessed by the

applicant within their LVIA is considered medium, as although the site is located on the brow of a hill, the undulating landform of the surrounding area and existing landscape and built form features limit wider views of the site. The magnitude of the visual impact of the development itself, in close proximity to the application site is considered to be medium during construction and low on completion. Due to the undulating topography, existing built form and mature tree and hedgerow vegetation across the surrounding landscape, the overall residual magnitude of the visual impact to the wider viewpoints will be negligible during construction and on completion.

8.3. The Council’s landscape consultant has assessed this scheme and raises a

number of concerns regarding the results of the applicant’s LVIA. The principle issues raised relate to the sensitivity attributed to visual receptors. For example, whilst the LVIA indicates that sensitivity of viewpoints close to the site, such as from neighbouring dwellings and users of the public right way as being medium, this should actually be designated as high, given guidance contained within the Guidelines for Landscape and Visual Impact Assessment, which identifies recreational footpath users and residents with views as being particularly sensitive. Given the increase in viewpoint sensitivity it then follows



that the overall visual sensitivity of the development is higher than the medium impact inferred. This then leads to the development having a more adverse impact on visual receptors.

Other issues with the LVIA are that it fails to fully consider the importance of

the rural surroundings of the site’s edge of settlement position. This rural character is reinforced through a differentiation in use between land levels, with low level land to the east containing development and higher land to the west being in agricultural use. Thus, the site has a stronger connection to its rural, rather than residential surroundings. Given this assessment low landscape sensitivity attributed to the site is disputed, given its wider setting.

The LVIA advises that as result of this development “the adjoining landscape would not be directly altered”. Whilst it is agreed that there will be no physical alteration to the surroundings, the visual backdrop and setting of viewpoints from surrounding land would be significant. The development would compromise the openness of the landscape character by establishing new vertical built elements on the existing plateau landform. From the residential area this would mean enclosing housing in Branston and Outwoods with further housing rather than agricultural land and from rural positions to the north and west the settlement edge would move westwards. These impacts will also be felt by users of the public rights of way who currently enjoy long views across the site. The sum of these impacts results in the residual landscape impact being greater over the long term than suggested by the applicant, a matter highlighted within the Planning for Landscape Change SPG, which states that this location “is locally sensitive to the impacts of development and land use change”.

8.3.10 The illustrative layout and submitted Design and Access Statement have been

informed by the East Staffordshire Design Guide, the physical characteristics of the site and the context of the adjoining built environment. Therefore, in principle, a scheme of the form proposed, would be considered acceptable. The Design and Access Statement, and in particular the development principles gives the Local Planning Authority an indication that a suitable development can be achieved on this site. It would therefore be recommended that should planning permission be granted, a condition ensuring compliance with the principles of the Design and Access Statement be imposed, although it should also be made evident that additional requirements to ensure high quality development will be forthcoming. However, the nature of this site is such that residential development of the scale proposed here, within this location, would have a significant impact upon the landscape character of Burton, to its character and visual detriment.

8.4 Impact on Residential Amenity 8.4.1 Saved Policy H6 of the Local Plan seeks to ensure new residential

development will not have an adverse impact on the amenities of new or existing residents by way of loss of light or overlooking. Whilst details of the position of windows and the internal layout of the proposed dwellings have not been submitted at this stage, the indicative layout shows that sufficient



distance between existing and proposed property can be established to ensure no significant overlooking or loss of light issues will arise.

8.4.2 The indicative layout shows that 250 dwellings can be constructed on the site

without compromising the reasonable amenities of the future occupiers of the dwellings, whilst dwellings can in principle also be provided with sufficient private amenity space commensurate with their size.

8.4.3 A modelled noise assessment has been submitted with the development

which has advised that different elements of the site fall within different noise categories, with the highest being category A. The submitted noise assessment indicates that subject to appropriate mitigation all of the dwellings proposed could experience good sleeping and resting conditions. Specific details of these mitigation measures can be secured via condition.

8.4.4 Subject to further consideration of reserved matters it is considered that the

proposal satisfactorily accords with the sustainability requirements of the NPPF by providing acceptable living conditions for both new and existing residents.

8.5 Highway Considerations 8.5.1 Saved Policies T1 and T2 of the Local Plan state that new development will be

accepted where it will not adversely affect the safe and efficient use of adjoining highways, including strategic routes. Means of access for this development is a reserved matter, but it is evident that the sole vehicular access will be from Reservoir Road, with access from the site onto Lower Outwoods Road, limited solely to buses and ambulances.

8.5.2 The County Highway Authority in relation to the local road impact has

confirmed that the utilisation of an access from Reservoir Road is acceptable. The Highway Authority have advised that a raft of improvements to the highway network are necessary, including the payment for alterations to parking restrictions on Reservoir Road, will be needed to ensure the development is acceptable from a highway safety perspective.

8.5.3 A contribution of £212,500 will also be paid towards a wider transport strategy,

and will alongside contributions from other major developments in the town contribute to highway schemes and improvements throughout the town. A contribution of £6,200 towards the monitoring of a framework travel plan will also be required from the development.

8.5.4 Subject to the imposition of the necessary conditions recommended by the

Highway Authority, the completion of the necessary off-site highway works and the payment of the necessary contributions, it is considered that while there will inevitably be an impact on the local highway network, and concerns regarding the gradient of Reservoir Road remain, this impact will not result in significantly increased danger to users of local roads.



8.5.5 Paragraph 32 of the National Planning Policy Framework states that “development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe”. In this instance, the submitted Transport Assessment and the response of the Highway Authority confirm that the proposal will not significantly harm the local highway network. Consequently, there are no highway safety grounds on which to refuse the development.

8.5.6 No details of different styles of car parking have yet been provided. However

from a design stand-point a mixture of on-plot parking, courtyard parking and parking within the highway is deemed preferable to provide variation within the development, whilst providing a functional response to the car parking needs of the scheme. The car parking provision and location will therefore have to be carefully considered at reserved matters stage.

8.5.7 Section 4 of the NPPF promotes the use of sustainable transport. It states

that the transport system needs to be balanced in favour of sustainable transport modes, giving people a real choice about how they travel, and that Local Planning Authorities should support a pattern of development which facilitates the use of sustainable modes of transport. The application site is considered to be in reasonably sustainable location, within walking distance of some local amenities, whilst the provision of the residential Travel Plan will seek to ensure that future occupiers are aware, and make full use, of sustainable means of transport. In addition, through the Section 106 agreement, a bus service shall be subsidised to run through the site, every half an hour between 0700 and 1900.

8.5.7 The concerns raised regarding construction traffic are noted, however the

Highway Authority are confident that subject to the approval of a Construction Traffic Management Scheme, which will secure the routing, schedule and timing of deliveries, and the provision of temporary signage, then there will be no significant safety concerns during the completion of the development.

8.5.8 It is therefore considered that, subject to conditions and a S106 Agreement in

respect of the monitoring of the Travel Plan, the proposal would not prejudice the safe or efficient use of the highway network. The proposal therefore satisfactorily complies with the aforementioned policies and the sustainability requirements of the NPPF.

8.6 Flood Risk 8.6.1 Section 10 of the NPPF seeks to avoid inappropriate development in areas of

flooding, and advises that development should be directed away from areas of highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere is appropriate.

8.6.2 The NPPF seeks to ensure that new development does not increase flood risk.

The site is solely located in Flood Zone 1, and as such is at low risk from fluvial flooding.



8.6.2 Site drainage is to be provided by the inclusion of a sustainable drainage system that will ensure that surface water is dealt with on site, and does not increase flood risk off-site. Given the response of the Environment Agency and Severn Trent Water, it is not considered that the proposed development would be at an unacceptable risk of flooding, or that the proposal would increase the risk of flooding in the surrounding area.

8.6.3 Subject to the conditions recommended by the Environment Agency and

Severn Trent Water Ltd in respect of drainage, it is considered that the scheme accords with the relevant policies and sustainability requirements of the NPPF.

8.7 Contamination 8.7.1 The NPPF advises that consideration should be given to ground conditions in

the determination of planning applications. These should include issues arising from natural hazards, or former activities such as mining and pollution arising from previous use. It is also advised that after remediation, as a minimum, land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990.

8.7.2 This site is currently used for the processing of turkey meat. To ensure

appropriate mitigation of the land, the Environmental Health Manager requests the submission and approval of a full contaminated land report, which shall ensure the health of future occupants.

8.8 Ecology 8.8.1 Paragraph 119 of the NPPF states that the presumption in favour of

sustainable development inferred throughout the NPPF does not apply where development requiring appropriate assessment under the Birds or Habitats Directives is being considered, planned or determined.

8.8.2 The application has been accompanied by an ecological assessment which

advises that the site is dominated by fields used for the cultivation of turf, bordered by hedgerows, but that there is also some mature trees. These areas are considered in the assessment to be of no more than local value. It is also noted that all habitats of any merit can be retained via an appropriate scheme of mitigation, while all trees that have the potential to be or are being used as owl or bat roosts are shown to be retained on the indicative layout. The site survey identifies great crested newts located near to the site, but the development would improve biodiversity within this area.

8.8.3 The recommendations made within the ecology report, in relation to the

management of the open spaces and the need for further survey work in respect of protected species are considered reasonable. Subject to compliance with these conditions, the development should result in a net gain for bio-diversity in the area and not impact adversely on any European protected species. The proposal therefore satisfactorily meets the sustainability requirements of the NPPF in respect of ecology.



8.9 Affordable Housing 8.9.1 The Housing Choice supplementary planning document (SPD) advises that

development on green field sites such as this requires the provision of 30% affordable housing, this equates to the provision of 75 units within the site.

8.9.2 The Housing Strategy Manager’s requests that in accordance with the

Housing Choice Supplementary Planning Document, 15% of the dwellings be provided on-site and the balance as an affordable housing sum. The applicant proposes to comply with this requirement, whilst the specific type of social housing supplied on-site shall be agreed with the Council through the Masterplan.

8.9.3 The affordable housing mix within the site is to be secured via the Section 106

agreement to ensure a variety of house types and sizes are secured within each phase of the development.

8.10 Education 8.10.1 The development will have a significant impact on the provision of both

primary and secondary education in the Borough, and negotiations have been ongoing with the education authority to ensure that the requirements for school places resulting from this proposal are met.

8.10.2 The scheme proposes the following in order to meet the educational needs of

the future occupiers of the development: -

• The payment of £1,141,599 towards secondary education

8.10.3 Therefore the developer meets the requirements of the County Council in relation to the necessary provision of education facilities linked to this development; and the completion of the works/payment of contributions will be secured through an obligation within the Section 106 agreement.

8.11.1 Play Equipment 8.11.2 The site is proposed to be developed with one Local Equipped Area of Play

(LEAP). This level of provision is in accordance with the Fields In Trust Guidance, which seeks to ensure that each dwelling is located within 400 metres of a LEAP and will also offer facilities for the surrounding area. Exact details of these facilities, in terms of equipment to be provided, would be resolved within any reserved matters application.

8.12.1 Section 106

The application has been accompanied by a Section 106 agreement that secures the provision of the following requirements of the scheme: -

• Contribution towards on and off-site provision of affordable housing.



• Travel Plan and associated monitoring sum.

• The operation of a bus service through the site.

• Either form a private maintenance management company or pay for 5 years maintenance of the public open space, footpaths/cycleways, SUDs, play areas and landscaping areas.

• A Highway Sum to provide 3 new grit bins on Reservoir Road and off site highway works.

• Provision of, or contribution towards, domestic refuse containers

8.12.2 In respect of the maintenance of the sustainable urban drainage system (SUDs), it should be noted that by spring 2013, all SUDs are likely to be adopted by the County Council, and therefore when this development is completed there is unlikely to be any financial implications for the Borough Council.

8.13.1 Neighbour Comments All material planning considerations raised by neighbours and interested

parties in relation to this scheme have been covered in the main body of the report above. No other matters raised in respect of this application are sufficiently material to have a bearing on the outcome of this proposal.

9.0 Conclusions 9.1 As the Borough has a deliverable five year supply of housing Local Plan saved

policies takes precedence over the National Planning Policy Framework. As such, whilst there remains a presumption in favour of sustainable development, countryside protection policies and existing development boundaries remain relevant and material. The site occupies a location outside of Burton’s development boundary, in open countryside and there is no rural justification evident to enable the proposal. Thus, whilst the proposal, subject to conditions and consideration of details at reserved matters stage, could deliver high quality development on the edge of the existing town with access to local services, and would make provision to safeguard residential amenity and the natural environment, the application fails to comply with the Saved Local Plan in terms of sustainable development. The proposal therefore conflicts with Saved Policy NE1 of the East Staffordshire Local Plan and Staffordshire Structure Plan H11.

9.2 The site is located on a plateau, elevated within the surrounding landscape. In

addition the site occupies a semi-rural position on the edge of Burton, which currently forms the boundary between the urban built form and rural area. As such the development of such land would detract from the character of this landscape and due to the prominence of this site the harm wrought, to views from surrounding property, nearby public rights of way and long distance viewpoints would be significant. Therefore the proposal conflicts with

10.0 Recommendation



10.1 For the reasons set out in the above report then REFUSE subject to the following reasons:

East Staffordshire Local Plan Policy NE1 states that outside development boundaries new development will not be permitted unless it is essential to the efficient working of the rural economy, development otherwise appropriate in the countryside or close to an existing settlement and providing facilities for the general public or local community which are reasonably accessible on foot or by public transport. Furthermore, Staffordshire Structure Plan Saved Policy H11 re-iterates these principles, stating that new housing outside development boundaries should be restricted to that which meets a need for affordable housing, or is required to enable an essential worker to live at or near their place of work. The 250 dwellings proposed by this development would occupy a site outside of any development boundary defined in the Local Plan and would not meet any of the above criteria to justify granting permission. The proposed dwellings would therefore constitute inappropriate development in this location, unnecessarily eroding the rural character of this area, contrary to Local Plan Saved Policies BE1, H2 and NE1, Staffordshire Structure Plan Saved Policy H11 and the National Planning Policy Framework (particularly Section 6). Staffordshire Structure Plan Saved Policy NC2 identifies that development should be informed by and be sympathetic to landscape character and quality and should contribute, as appropriate, to the regeneration, restoration, enhancement, maintenance or active conservation of the landscape likely to be affected. Proposals with landscape and visual implications will be assessed having regard to the extent to which they would cause unacceptable visual harm. Section 11 of the NPPF expands upon this policy, stating that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes. This development will, due to its siting on an elevated plateau, have a significant landscape and visual impact, significantly altering views across the site from primary and secondary viewpoints and eroding the character of this rural edge. Thus, the development fails to comply with the requirements of Local Plan Saved Policy BE1, Staffordshire Structure Plan NC2, the Planning for Landscape Change Supplementary Planning Guidance and the NPPF.

For further information contact: Michael Brown Telephone No: 01283 508644 Email Address: [email protected]