UPDATE REPORT

Application Ref. 15/00418/OUT

Applicant Lone Star and Smith Buildings

Site Address Land off, Falkland Place, Temple Herdewyke (See original report)

Brief Description of Proposals Outline Planning application for up to 59 dwellings.

Summary of Recommendation Grant subject to completion of S.106 agreement and conditions

This application was previously considered by Members at their meeting on 14th October 2015. A copy of the original report, and recommendation, along with a copy of the updates sheet is attached. With effect from 22nd December 2015 the Council has been able to demonstrate a 5.2 year housing land supply (5YHLS) which amounts to a material change in circumstances. Other material changes of circumstances since the original report set out in the updates sheet dated 14 October 2015, and in the updated Committee report attached.

The Kides judgement established the principle that where, since Members originally resolved to delegate authority to issue a decision, there has been a material change in circumstances, Members must confirm their decision before permission is granted.

In this case the Council has recently achieved a 5.2 year housing land supply and therefore, in accordance with para.49 of the NPPF, saved policies in the Local Plan Review that are relevant to the supply of housing cannot automatically be considered as being out-of-date. However, in accordance with para.47 of the NPPF, the Council needs to boost significantly the supply of housing to not only achieve a 5 year housing land supply (which has now been achieved), but to also maintain this supply thereafter.

In light of the achievement of a 5YHLS, it is no longer obligatory for the decision maker to give the provision of housing 'significant' weight when considering the planning balance. Whilst the provision of housing should still be given weight, it falls to members of Planning Committee, as the decision maker to decide how much weight the provision of housing, including the provision of 35% affordable house, should be given in light of the achievement of a NPPF-compliance 5 year supply of housing.

In my opinion, the benefits of the scheme would still outweigh the identified harm, even with the altered 5YHLS situation and the proposals represent sustainable development.

Recommendation

Whilst officers have made a recommendation on the basis of the Development Plan and other material considerations it is for the Committee to weigh and balance these in coming to a decision.

The recommendation is that members confirm their decision to grant planning permission as outlined within the attached reports/updates sheets/minutes, subject to the satisfactory completion of a S.106 agreement, with delegated authority to the Head of Environment and Planning in consultation with the Chairman of the Planning Committee in respect of any final negotiations, and with the wording and numbering of conditions and notes delegated to officers.

COMMITTEE REPORT

Application Ref. 15/00418/OUT

Applicant Lone Star and Smith Buildings

Reason for Referral to Committee

Scale of DevelopmentObjection from Parish Council

Case Officer Jay Singh

Presenting Officer Jay Singh

Site Address Land off, Falkland Place, Temple Herdewyke

Description of Development

Outline planning application with means of site access from Falkland Place to be determined (layout, scale, appearance and landscaping reserved for subsequent approval) for the erection of up to 59 dwellings; land for community use; and associated infrastructure including SUDS drainage.

New vehicle and pedestrian access to the site (incorporating existing field gate access), new footpath with signalised pedestrian (puffin) crossing to Falkland Place.

Illustrative layout demonstrates how built development, open space/village green, community land (village hall, school parking or allotments) and landscaping could be accommodated within the site.

35% of dwellings to be affordable.

Site Description and Constraints

The application site is located to the north-eastern edge of the small village of Temple Herdewyke, to the south of the B4100 outside the current built-up area of the village and comprises an agricultural field. The village is largely incorporated into part of MOD Defence Storage and Distribution facility.

Site comprises 3.9 hectares of Grade 3b Agricultural Land with existing field gate access to Falkland Place.

Site is bordered by hedgerows and occasional trees. A tree lined bridleway (SM224) runs along the western edge

adjacent to which is a security fence that follows the bridleway. Surrounding land to the north and east generally comprises

agricultural fields. To the south and east is the main residential built form of the settlement which includes a primary school.

Site is generally flat with a gentle slope falling approx 3m from the north eastern boundary to the south western boundary.

Scheduled Ancient Monument and Listed Building ‘Beacon’ at Burton Dassett Hills Country Park located within the locality.

Flood Zone 1.

Summary of Recommendation

GRANT SUBJECT TO CONDITIONS AND COMPLETION OF S.106 PLANNING OBLIGATION.

Development Plan

Paragraph 215 of the National Planning Policy Framework (NPPF) advises that “due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework”.

Relevant Policies in the Development Plan for this application, including for the supply of housing, are:

PR1, PR.7, PR.8 DEV1,DEV.2, DEV.3, DEV.4, DEV.8, DEV.10, COM.9, COM.13, IMP.1, IMP.6 – consistent with Framework

DEV.2, DEV.7, DEV.9, EF.1, EF.4, EF.5, EF.6, EF.7, EF.9, EF.10, EF.11,EF13, EF.14, COM.4, COM.5, COM.14, SUA.1, IMP.4, IMP.5 – some consistency but Framework is less restrictive

STR.1, STR2, 2A, 2B, STR.4, DEV.5, DEV.6, COM.1, CTY.1, IMP.2 – inconsistent with Framework/out-of-date

Other Material Considerations

Central Government Guidance

Historic Environment Good Practice Advice in Planning Note 3 (The Setting of Heritage Assets).

NPPF National Planning Policy Framework 2012 Planning Policy Guidance 2014

Supplementary Planning Documents & Guidance

Meeting Housing Needs 2008 Provision of Open Space 2005 Stratford on Avon District Design Guide 2002 PPG17 Open Space, Sport and Recreation Assessment and Playing Pitch

Strategy (Arup, April 2011) and updates

Other Documents

Housing Needs Survey 2010

Draft Core Strategy

This document was submitted to the Secretary of State on 29 September 2014, with the examination in public (EIP) in January 2015. The Inspector’s interim report was published on 19 March 2015.

Paragraph 216 of the NPPF allows for weight to be given to relevant policies in emerging plans, unless other material considerations indicate otherwise, and only subject to the stage of preparation of the plan, the extent of unresolved objections and the degree of consistency of the relevant emerging policies to the NPPF policies.

Following a full Council meeting on 22.06.2015, the Council has resolved to endorse the Cabinet recommendation of 01.06.2015 to adopt some development management planning policies as set out in emerging Core Strategy (As submitted September 2014 showing subsequent proposed modifications) June 2015 on an interim basis.

I therefore consider that the requirements of Policies:

CS.1 – Sustainable Development CS.2 – Climate Change and Sustainable Construction CS.4 – Water Environment and Flood Risk CS.5 – Landscape CS.6 - Natural Environment CS.7 - Green Infrastructure CS.8 - Historic Environment CS.9 - Design and Distinctiveness CS.12 – Special Landscape Areas CS.25 – Transport & Communication CS.26 – Developer Contributions

are recognised as material planning considerations and given some weight in the determination of the planning application.

The other key relevant policies which remain as having limited weight are:-

CS.15 – Distribution of Development CS.16 – Housing Development CS.17 – Affordable Housing CS.18 – Housing Mix and Type AS.10 – Countryside and villages

The 2012 Strategic Housing Land Availability Assessment (SHLAA) Review It is noted neighbour objections have been received in respect of the application site being rejected in the SHLAA 2012 as a location for housing. However, it must be recognised that the SHLAA 2012 did not assess sites that were not within or adjacent to Local Service Villages or other settlements considered appropriate for housing within emerging policy at that time. In the SHLAA 2012 Temple Herdewyke was not identified as a Local Service Village and therefore the application site was rejected in principle and not assessed by the SHLAA Review Panel. However, since the SHLAA 2012, the council identified Temple Herdewyke as a Local Service Village and a sustainable location for development where new housing is considered acceptable in principle. This is explained further below under section ‘Emerging Core Strategy’.

Other Legislation

Human Rights Act 1998 Town & Country Planning (Listed Buildings & Conservation Areas) Act 1990 Natural Environment and Rural Communities (NERC) Act 2006 The Conservation of Habitats and Species Regulations 2010 Localism Act 2011 Community and Infrastructure Levy (CIL) Legislation Historic Buildings and Ancient Monument Act 1983 (as amended) Ancient Monuments and Archaeological Areas Act 1979 (as amended) Town and Country Planning (Environmental Impact Assessment) Regulations

2011 (as amended) Hedgerow Regulations (1997)

Summary of Relevant History

Reference Number

Proposal Decision and date

14/02086/OUT Outline application for 75 dwellings, associated car parking and landscaping.

Withdrawn -17.12.2014

Applicant’s Supporting Documents

Summary provided by applicant

There are a number of benefits associated with the proposed development at Temple Herdewyke that weigh in favour of planning permission being granted which include;

Provision of Market Housing

The Council has identified Temple Herdewyke as a Category 3 Local Service Village (‘LSV’) which will be a focus area for future growth over the plan period and with therefore be required to provide up to 59 new homes for the existing and future local community. This is the only piece of land available within the settlement that is well related to the existing built development boundary. The site is readily available, suitable and achievable within the next 5 years to boost housing delivery.

Provision of Affordable Housing

The delivery of affordable housing is seen as a significant benefit arising from the scheme and is wholly consistent with the Council’s adopted and emerging policy for the District and Framework paras 47 and 50. Provision in rural areas is a specific objective of the Council and is noted as a ‘top priority’.

Provision of a Mix of Housing

The proposed layout plan submitted in support of the application demonstrates that a range of 1, 2, 3 and 4 bedroom properties can be delivered at the site that will vary in size, type and tenure. This will include the delivery of 21 affordable homes.

Provision of new Public Open Space

The application includes the delivery of a new village green as part of the development proposals which will be located in a position that is accessible to all to link the proposed housing with the existing houses and contributes towards the delivery of a high quality environment. Land is also being made available for future community uses.

Biodiversity Improvements

The proposal has sought to retain the existing hedgerow along the site’s outer boundaries and to provide supplementary planting where identified, in order to ensure that the development integrates well with its locality and assist with screening views into the site from the adjacent open countryside. In order to integrate the development proposals further, the scheme will see the introduction of new areas of landscaping, private amenity garden space and pedestrian links

to existing and proposed public open space for the enjoyment of the local community in accordance with Policy Dev.2 and Com.5 of the Local Plan.

Sustainability

The 'golden thread' running through the Framework is the presumption in favour of sustainable development. It gives three dimensions to sustainable development; social, environmental and economic.

Taking all of the above into account it is considered that the proposal represents sustainable development and in accordance with the positive planning framework supporting the application proposals, the Council are asked to grant planning permission.

List of supporting documentation

Application Form Design and Access Statement Archaeological Assessment Ecological Appraisal Flood Risk Assessment Phase 1 Geo-environmental Report Heritage letter Ecological Survey Noise Assessment Affordable Housing Delivery Plan Arboricultural Statement Landscape and Visual Impact Assessment Planning Statement Transport Statement Travel Plan Utilities Statement Sustainability Statement

Consultations

Ward Member

No representations received.

Former Ward Member (Cllr Simon Jackson)

Object on the grounds it is not demonstrated this sustainable development having regard to para’s 7-10 of the NPPF, provision of 94 dwellings results in excessive density, notwithstanding conservation officer comments - there is concern over impact on the setting of the Burton Dassett country park together with its Beacon Heritage Asset. With reference to the hybrid strategy, account must be taken of what best satisfies the strategic direction SDC is seeking to take (24.03.15).

Burton Dassett Parish Council

Based on a proposed scheme of 94 dwellings:

Object to the proposal on the grounds of sustainability, traffic load, negative social impact in the existing residents, inadequate provision for utilities, negative impact upon education and medical services provision (17.03.15).

Further response (06.08.15):

‘Although we oppose the building of 94 houses, the Parish Council agrees that the village hall and village green location, and other elements are to be agreed after public consultation.’

Amended Scheme:

A further consultation response in respect of the reduction of the scheme from 94 to 59 dwellings is awaited and will be reported to planning committee as part of the late update papers.

Third Party Representations (based on the original scheme for 94 dwellings – the scheme is now reduced to 59 dwellings)

A total of 28 representations received comprising 27 letters of objection and 1 letter of support have been received.

The objections (summarised by officers) are as follows:

Highways

Distance to shops/facilities would mean that the car would be used more for journeys resulting in an unacceptable traffic generation on the local highways infrastructure.

Lack of supporting highways information to demonstrate the proposal would not have an adverse impact on highway safety or the measures to promote sustainable modes of transport can be properly implemented.

Lack of safe cycling infrastructure, and public transport, would result in car borne travel only.

Inadequate visibility splays for proposed access.

Form

Disproportionate scale of development for the village (increasing it by 35% based on a scheme for 94 dwellings) impacting on the character of the village.

Design and appearance out of keeping with the existing village built form

Infrastructure

Lack of drainage, schools, medical, utilities, leisure, retail and highways infrastructure to support the development

lack of local facilities to support the development Existing infrastructure is overly subscribed

Landscape

Adverse impact on rural landscape Existing village is well screened from surrounding countryside including

Dassett Hills – the proposal would be in plain sight and harmful to the setting of the area with landscaping taking 20-30 years to be fully established.

Adverse impact on views from Dassett Hills Adverse impact on AONB

Heritage

Adverse impact on heritage assets at Dassett Hills

Floodrisk/Drainage

Proposal would result increase the risk of flooding within the site and the locality

inadequate drainage capacity (sewers not adopted)/mitigation within the proposals

Sustainability

SHLAA Panel rejected this site on the basis of its being unsustainable, no shops, no facilities within acceptable walking distance and poor public transport.

Temple Herdewyke is not a sustainable location for development.

Cumulative impacts

The proposal taking into account committed and emerging proposals would result in significant cumulative environmental impacts including air and noise pollution amongst other impacts.

Social Cohesiveness

The introduction of such a large population in to the settlement in one scheme would result in serious problems of social cohesiveness through a lack of integration with the existing local community.

Other Comments

Proposed social housing would attract low income groups who may not have access to cars which are essential to live here given there are no local facilities.

The security fence to the west of the site would not removed/access allowed through it.

Inappropriate development/loss of greenfield land Loss of agricultural land Mitigation measures proposed would not overcome the harm arising from

the development More sustainable alternative locations available including brownfield land

and within other emerging large scale proposals e.g. Gaydon. Loss of views from existing properties devaluation of neighbouring properties The reasons for the rejection of 80 dwellings at Ettington and residential

scheme within Tysoe are equally applicable here especially given Tysoe is a better serviced location than Temple Herdewyke.

One letter of support has been received indicating:

The proposal should be supported as it will probably bring new facilities e.g. shop.

Consultations

WCC Highways: No objection subject to the imposition of conditions securing construction management plan, new access and signalised crossing. In addition financial contributions of £75 per dwelling towards Sustainable Travel Packs are requested (03.08.2015).

WCC Infrastructure (Public Transport): Temple Herdewyke is a location with limited facilities. Request £59,000 towards enhancing the public transport provision over the next 5 years. This and the other contributions from strategic developments in the area will be used to extend current services. The contributions will be used to provide an hourly service to Leamington Spa (01.10.15). WCC Infrastructure (Bus Stops): Request £12,000 towards the provision of 2 new bus stops in order to improve access to public transport (01.10.15).

Highways England: No objection subject to implementation of a construction management plans (20.03.15)

WCC Ecology: No objection to conditions securing adequate precautions in relation to nesting birds, details of external lighting and a landscape and ecology management plan. (02.04.15)

Natural England: No objections raised (20.07.15)

Warwickshire Wildlife Trust: Updated Arboricultural statement required, further bat surveys should be undertaken, trees and hedges to be retained to protect bat habitats, external lighting should be controlled, any tree/hedgerow loss should be mitigated and biodiversity impact assessment should be undertaken. (05.03.15)

RSPB: No objection (04.03.15).

Cotswolds Conservation Board: Satisfied that the location and distance of this proposal from the edge of the AONB is sufficient and does not result in any significant impact on its setting (03.03.15).

Ramblers Association: No objection (05.03.15)

Historic England (previously English Heritage): Not necessary to consult English Heritage (20.07.15)

WCC Archaeology: No objection subject to a scheme of archaeological investigation (28.09.2015).

SDC Conservation Officer: No objection (27.07.15).

Environment Agency: No objection. Foul water to be processed by package treatment plant and pumping station into a local watercourse (17.06.2015)

Severn Trent Water: No objection subject to surface water and foul drainage conditions (16.04.15)

Lead Local Flood Authority: No objection subject to the imposition of drainage conditions (12.06.2105)

SDC Environmental Health Officer: No objection subject to conditions securing ground contamination investigation and remediation as necessary (24.09.15).

Coal Authority: No objections (24.07.15)

WCC Fire and Rescue: No objection subject to condition requiring provision of adequate water supplies and fire hydrants (12.03.2015) South Warwickshire NHS Foundation Trust: No objection subject to a financial contribution of £97,756.13 (13.04.2015).

NHS Primary Care (GP Surgeries): Request £12,964 towards improving primary care facilities at Kineton Surgery, Kineton

Police Crime Prevention Design Advisor: No objection. Development should meet secure by Design standards. Site specific observations provided on the layout to help ensure occupants are not future victims of crime or anti social behaviour (21.07.15).

Ministry of Defence: No safeguarding objections (01.06.2015)

WCC Rights of Way: Request contribution of up to £10,430 towards improvements to public rights of way within 1.5 miles of the application site. Additional informative advice provided in reference to works affecting bridleways (19.03.2015)

WCC Education: Contribution of £128,557 requested towards replacement of temporary classroom at Temple Herdewyke Primary to ensure long term viability of pupil places and the accommodation of pupils from this development. In respect of Secondary and Sixth Form: sufficient capacity at local Secondary and Sixth Form provision (Kineton High School) (01.10.15).

WCC Libraries: Request contribution of up to £1,291 (01.10.2015)

SDC Affordable Housing Officer: No objection (25.09.15)

(The full responses are available for viewing on the planning application file).

ASSESSMENT OF THE KEY ISSUES

Principle of Development

The Council is required to make a decision in line with the Development Plan, unless material considerations indicate otherwise. (Section 38(6) PCPA 2004 and Section 70(2) TCPA 1990). The National Planning Policy Framework (NPPF) is a key material planning consideration. The emerging Core Strategy is also a material consideration.

Housing Land Supply

The Council does not currently have a 5 year housing land supply and therefore, in accordance with para.49 of the NPPF, saved policies in the Local Plan Review that are relevant to the supply of housing cannot be considered up to date. In accordance with para.47 of the NPPF, the Council needs to boost significantly the supply of housing to not only achieve a 5 year housing land supply, but to also maintain this supply thereafter.

The EIP Inspector’s interim report was published on 19 March 2015. The executive summary identifies 4 areas of further work to be carried out by the Council:

To revisit the objective assessment of housing need (OAN) and to increase the housing requirement to provide an improved balance with the projected growth in jobs;

To do further sustainability appraisal (SA) work; To consider an employment land allocation at Atherstone Airfield to

support the delivery of housing via proposal SUA.1 (Canal Quarter), proposal SUA3 having been found to be not justified;

To increase the OAN to provide more headroom in the housing supply trajectory.(Council on 22nd July 2015 agreed a revised OAN)

The housing policies in the emerging Core Strategy document are subject to significant objections and will now need to be reviewed in light of the 4 areas of work to be completed. For both of these reasons, it is officers’ advice that these draft policies can be given little material weight in decision-making at this time.

The application must be first determined against the Development Plan and a conclusion made as to whether the application accords or does not accord with the Development Plan. The decision-maker should then consider all other relevant material planning considerations, of which the NPPF is the key consideration. The emerging Core Strategy is also a consideration. Irrespective of whether the Council has a 5 year housing land supply or not, para.14 of the NPPF makes clear that there is “a presumption in favour of sustainable development”, the definition of which can be found elsewhere in the NPPF.

The Development Plan

The principle of this proposal does not accord with policies in the Development Plan concerning the principle of development. In particular, under STR.1, new open market housing development is restricted to the main town of Stratford upon Avon and the Main Rural Centres only. In addition, saved policy CTY.1 seeks to control development in the open countryside and states that all forms of development in the countryside, other than those in accordance with provisions elsewhere in the Local Plan, will generally be resisted in order to preserve its character and to ensure that resources are protected. Proposals for forms of development and activity in the countryside that are not covered elsewhere in the

Plan will have to be fully justified and show that they would not be contrary to the overall strategy of the Plan and that their impact on the character of the area would not be harmful. Paragraph 49 of the NPPF states that housing applications should be considered in the context of the presumption in favour of sustainable development and 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 authority cannot currently demonstrate a five year supply and therefore policies STR.1 and CTY.1, which are relevant policies for the supply of housing, cannot be considered up to date.

Material considerations

The National Planning Policy Framework

Paragraph 14 of the NPPF sets out a presumption in favour of sustainable development. It states that:

“Where the development plan is absent, silent or relevant policies are out of date, planning permission should be granted unless:

Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies of this Framework taken as a whole; or

Specific policies in this Framework indicate development should be restricted.”

The National Planning Policy Framework (NPPF) expects development to be focussed in the most sustainable locations in terms of availability of shops, facilities and services, as well as access by modes of transport other than the private car. But it has also placed emphasis on providing some development in rural areas to meet housing needs and to support the vitality of village communities. Paragraph 55 of the NPPF affirms this point, housing should be located where it would enhance or maintain the vitality of rural communities.

Furthermore, The NPPF whilst promoting the development of brownfield land does not preclude the residential development of greenfield land in principle.

Emerging Core Strategy

Emerging policies in the draft Core strategy follow the approach in paragraph 55 of the NPPF. The methodology used for identifying local service villages (as defined in the Core Strategy) is the most up to date evidence base for identifying sustainable locations for development and is afforded some weight in decision making.

Temple Herdewyke is classified as a Category 3 Local Service Village in the emerging Core Strategy (with supporting evidence base), which has been endorsed by the Council and has been subject to a sustainability appraisal. This lends weight to the view Temple Herdewyke is a sustainable location in principle for new housing. The village has some local services including a primary school and limited bus service. It is also close to major employment at Jaguar Land Rover at Gaydon and MOD Kineton, a public house can be found nearby at the village of Northend, outdoor leisure facilities at Burton Dassett Country Park and further facilities can be found within 5km at the villages of Fenny Compton and Gaydon, and the main rural centre of Kineton.

Within Policy CS.16, Category 3 LSV’s are identified as being capable of accommodating approximately 450 homes in total, of which no more than around 13% should be provided within an individual settlement. This amounts to approximately 59 new dwellings.

This proposal for 59 dwellings in Temple Herdewyke would be no greater than the approximate number identified within the Core Strategy as being sustainable within a Category 3 Local Service Village.

Conclusion on Principle of Development

Having regard to the above, I consider Temple Herdewyke is, in principle, a sustainable location for new residential development, in accordance with paragraph 55 of the NPPF and in this instance, the proposed dwellings would be adjoining the settlement’s existing edge. In the absence of a 5 year housing land supply, policies relating to the supply of housing are out-of-date. Notwithstanding that the principle of development does not accord with the Development Plan, the other material considerations explored above lead me to conclude that the principle of development is acceptable.

Impact on the landscape and character of the area

The NPPF requires as part of its core principles (paragraph 17 (5)), that, amongst other things, planning should take account of the different roles and character of different areas and recognise the intrinsic character and beauty of the countryside. Saved policy PR.1 of the Local Plan Review is consistent with this as it states that proposals should respect, and where possible, enhance the quality and character of the area. Policy CS.5 of the emerging core strategy requires development to minimise and mitigate impacts on the landscape character and quality, including cumulative impacts. Policy CS.12 identifies the proposed Ironstone Hills Special Landscape Area which abuts the southern boundary of the site. However, this policy is subject to unresolved objections and therefore is afforded limited weight.

Paragraph 109 of the NPPF also states that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes. Paragraph of the NPPF 115 indicates great weight should be given to conserving landscape and scenic beauty in Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty. Saved Policy EF.1 indicates proposals that harm the AONB should not be permitted and cumulative impact particularly in respect of the rurality and tranquillity of the area should be taken into account.

The application is supported by a Landscape and Visual Impact Assessment which concludes due to the separation distances between the site and AONB, the proposed development would not impact on the Cotswolds AONB.

The LVIA demonstrates the proposal would have no significant effect on the local landscape character or features within the application site. Adverse effects resulting from the proposals would be localised and predominantly limited to elevated landscapes within the locality and directly within the application site.

On completion, the proposed development would be accompanied with a landscape mitigation scheme that would help integrate the scheme with the surrounding settlement of Temple Herdewyke, mitigate views into the site and provide a network of public green open spaces that would break up and soften views of the development. Once the proposed landscaping mitigation matures, there would be no significant residential visual effects, although some receptors

would experience very localised effects of moderate significance this includes residential receptors on the adjacent residential estate at Falkland Place and the users of the bridleway to the west of the site, in the context of the wider rural area, the visual effects of the completed development would be limited.

The development would be visible from an elevated area of the Burton Dassett Country Park. However, it would seen against the back drop of the existing settlement of Temple Herdewyke and would physically alter a small proportion of the local landscape character area and when taking into the account the wider landscape character and the nature of the proposed development this would not be a significant harmful change.

It is recognised that the application site abuts a proposed special landscape area within Core Strategy Policy CS.12. However, the policy is of limited weight for decision-making and subject to the landscape mitigation proposed within the scheme, coupled with scale of the development not being prominent on the wider historic landscape, the proposal would not result in significant harm to character and appearance of the proposed special landscape area and would respect the current and historic relationship of Temple Herdewyke within the landscape.

I have taken into account the applicants LVIA in respect of the key visual impacts of the development. However, I consider that views would be mitigated over time through the retention of the majority of existing planting and substantial additional planting buffers especially to the boundaries of the site. Longer distance views of the development are available including from the Burton Dassett Country park, and whilst acknowledging that the proposals encroach into the countryside, I do not consider that the change to the character of the area, in the context of the current scheme, would result in significant harm.

The harm to the character and appearance of the landscape and to the setting of the locality needs to be weighed in the balance when considering all of the beneficial and negative aspects of the development proposals. It is however for the Committee, as decision-taker, to weigh all of the material considerations and draw its own conclusions regarding the degree of harm to the character and appearance of the landscape in this case.

Highways Matters

Paragraph 32 of the NPPF states ‘inter alia’ that decisions should take account of whether opportunities for sustainable transport modes have been taken up; safe and suitable access to the site can be achieved for all people and whether improvements can be undertaken effectively limiting the impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.

Paragraph 34 of the NPPF also states that developments that generate significant movements are located where the need to travel will be minimised, albeit, this needs to take into account policies throughout the framework relating to rural areas. Saved policies DEV.4 and COM.9 of the Local Plan Review remain generally consistent with this approach. Policy CS.25 of the emerging Core Strategy requires development to mitigate any unacceptable transport impacts which arise directly from that development by, amongst other things, ensuring that the scale of traffic generated by the proposal is appropriate for the function and standard of the roads serving the area; implementing necessary works to the highway; providing new and improved pedestrian and cycle routes.

Access

The application is in outline form with access to the site submitted for detailed consideration at this point. The proposed access would be served via the existing field gate access to the site from Falkland Place. The access would be upgraded to provide a 5.5m wide carriageway and 3m wide footway. The access would provide visibility splays of 2.4m x 43m which are commensurate with a 30mph speed limit. The footway would extend to a new signalised pedestrian crossing across Falkland Place which would provide a direct route between the site and the primary school.

Following the submission of further information, including a Stage 1 Road Safety Audit, the County Council’s Highway’s Authority consider there are no inherent safety issues at the location or with the proposed access arrangement.

WCC Highways have carefully considered the proposal, the supporting Transport Statement and other relevant information which indicates, whilst there would be an increase in traffic generation, the increase would not have an adverse impact on the local highways infrastructure.

Accessibility

The site is located adjacent to the north eastern edge of the village and is within walking distance to the existing residential estate, bus stops and primary school. A Public house is also located within 1100m at the village of Northend. To the western boundary of the site is a Bridleway beyond which, to the north, is a footway of varying width along the majority of the B4100 between the site and the village of Gaydon (3.5km) which includes a petrol filling station, village store, public house and major employment.

In respect of cycle routes, whilst there are no designated cycle routes serving the site directly, there are national cycle routes (48) within 5km of the site providing access to nearby settlements. It is also noted that the main rural centre of Kineton provides a range of services which is within a reasonable cycling distance.

In relation to public transport infrastructure, there are 2 bus stops close to the site providing access to local services (277 and 498) providing twice daily services between Lighthorne and Banbury. It is recognised these services are currently relatively limited. However, the proposed development would make financial contributions towards improving the bus service and would fund new bus stops in the village. Furthermore, the increased population associated with the proposed development could contribute to increasing the demand, and thereby enhancing the viability, of bus services to the village, improving the prospect of more frequent bus services to the site in the future.

Overall, in terms of accessibility, whilst the site does have limitations in terms of accessibility by means other than the private car, the proposal would contribute to public transport improvements and the proposed development would be located where it would enhance and maintain the vitality of a small rural community in accordance with paragraph 55 of the NPPF. Furthermore, the emerging dispersal strategy set out in Draft Core Strategy (with supporting evidence base), which has been endorsed by the Council and has been subject to a sustainability appraisal, confirms that Temple Herdewyke is a sustainable location for the new housing. For these reasons, I consider the application site is an acceptable location for the proposed development in terms of accessibility.

Conclusion on highway matters

For the above reasons, I consider that the proposed development would not have an unacceptable adverse impact on highway safety in relation to access, cycle and pedestrian movements, traffic generation and the wider traffic network. It is recognised access to local services, without the need to fully rely on the use of a private car, is limited. However, taking into account this limited accessibility, the proposal is considered acceptable having regard to guidance contained in paragraphs 29, 32, 34 and 55 of the NPPF, saved policy DEV.4 of the Local Plan Review and policy CS.25 of the emerging Core Strategy which remain generally consistent with the NPPF.

Layout, scale, landscaping and appearance

Matters relating to the layout, scale, appearance and landscaping are all reserved. The applicants have, as part of their submission, provided an Illustrative Masterplan/layout but this is indicative only. The proposed density, at 15 dwellings per hectare (taking into account the site as a whole), is considered acceptable for the location and context of the development.

The site is located adjacent to the existing settlement edge of Temple Herdewyke and proposed new community facilities that would encourage integration with the existing community.

The illustrative plans indicate how the proposed dwellings, public open space, landscaping and community land could be laid out within the site. The supporting plans demonstrate the site has the physical capacity to accommodate the proposed development.

Housing mix and affordable housing

Paragraph 50 of the NPPF refers to the need to deliver a wide choice of high quality homes to create sustainable, inclusive and mixed communities, and to include appropriate provision of affordable housing. Saved policies COM.13 and COM.14, whilst now quite old, seek to secure affordable housing and a mix of housing types and therefore still have some consistency with the NPPF. Whilst the Council has an adopted SPD Meeting Housing Needs, the most recent evidence base is now the Coventry & Warwickshire SHMA published in November 2013.

The scheme is in outline form with details to be secured through reserved matters. The proposal would comprise a mix of dwelling types and sizes, including affordable housing provision at 35% of units on site. I am satisfied that at the reserved matters stage it will be possible to ensure that the housing mix and location of affordable housing is acceptable, should outline permission be granted.

It is also recognised Temple Herdewyke does not benefit from any social housing stock and therefore the provision of affordable housing within this location is a benefit of significant weight in the opinion of officers.

Residential amenity

The submitted illustrative layout demonstrates satisfactory separation distances between existing and proposed dwellings are achievable, as well as satisfactory levels of internal and external amenity space being provided for future occupiers of the proposed dwellings. These separation distances, when coupled with appropriate new landscaping and retention of existing landscape boundaries, ensures the development would not have a materially adverse impact on

neighbouring residential amenity by way of loss of light, overshadowing, loss of privacy and without creating an overbearing or dominating impact.

No objection has been raised by your Environmental Health Officer. In addition, it is confirmed that this application for a reduced number of houses would not have a significant impact on local air quality or create significant noise pollution.

It is recognised the application site adjoins the B4100 which generates traffic noise. However, subject to appropriate noise mitigation measures being implemented and appropriate layout coming forward at the reserved matters stage, in accordance with the recommendations of the supporting noise assessment; it is considered the proposal would ensure the creation of satisfactory living environment. For these reasons, I consider that the proposed development would not have an adverse impact on neighbouring residential amenity and would ensure the creation of an appropriate quality living environment for future occupiers.

Provision of Public Open Space

The NPPF, at paragraphs 58 and 73, encourages access to high quality open spaces and opportunities for sport and recreation. Saved policies COM.4 and COM.5 also seek to secure appropriate standards of open space provision and therefore remain broadly consistent with the provisions of the NPPF.

The proposed development would need to provide the following open space provision (on the basis of up to 59 dwellings).

1723m2 – Parks/Gardens and Amenity Space 1124m2 – Unrestricted Natural Accessible Green Space 375m2 – Children and Young Peoples Equipped Play Space 430m2 – Outdoor Sport (Youth and Adult) 600m2 - Allotments and community Gardens

The indicative site layout demonstrates the site has significant capacity for on-site open space provision that would exceed the above requirements. However, in respect of outdoor sport (youth and adult), a financial contribution towards improving local facilities would be sought equivalent to 430m2 as set out further below.

I consider this to be an acceptable level of provision to cater for the recreational needs of the existing community and future occupiers of the proposed development subject to the completion of a S.106 agreement in accordance with paragraphs 58, 73 of the NPPF and saved policies COM.4 and COM.5 and the tests set out in paragraph 122 of the CIL regulations.

Landscaping and Trees

The application, although in outline form, indicates that boundary vegetation would be retained in situ and that additional planting can be provided. Appropriate tree and hedgerow protection measures can be secured by planning condition. The proposal is therefore considered to accord with the provisions of paragraphs 58 and 109 of the NPPF and saved policies PR.1 and DEV.2.

Other matters

Matters relating to parking, crime prevention, refuse and bin storage and lighting would be addressed at reserved matters stage in accordance with the NPPF and those saved policies which remain consistent. Bin provision could be secured by condition at this stage in accordance with saved policy IMP.4 of the Local Plan Review.

Drainage and Flood Risk

Paragraphs 100 to 104 of the NPPF seek to ensure that development considers impact of flood risk. Saved policies PR.7 and DEV.7 remain generally consistent with the NPPF. Policy CS.4 of the emerging Core Strategy seeks to maintain the floodplain; manage the risk of flooding in a catchment area and achieve good status for water bodies by, amongst others, locating development in Flood Zone 1, securing SUDs solutions to surface water drainage, managing run off from sites and ensuring that foul drainage flows are kept separate to surface water drainage.

The site is located within Flood Zone 1 (lowest risk of flooding) where residential development is considered acceptable in principle by the NPPF in relation to flood risk. The proposal is also supported by a Flood Risk Assessment (FRA) that demonstrates the proposal would not increase the risk of flooding within the site or within the locality subject to appropriate mitigation measures which could include the construction of two balancing ponds located to the south-west boundary to accommodate any surface water run-off. Furthermore, it is noted that The Environment Agency, the Lead Local Flood Authority together with Severn Trent Water (STW) raise no objections to the proposal subject to approval of detailed drainage proposals coming forward at the reserved matters stage.

It is recognised public concerns have been raised over localised historical flooding within the site. However, the proposal would provide a comprehensive drainage strategy for the site, thereby, reducing the risk of future flooding within the site.

Concerns have also been raised over the proposal potentially connecting to the existing private sewer network within the adjacent residential estate. However, the applicant has confirmed that this will not be necessary as foul drainage is proposed to be disposed of via on-site package treatment plant and pumping station to a local water course. This is a technical matter and final drainage proposals would be designed at the reserved matters stage following further consultation with the Environment Agency, the Lead Local Flood Authority and STW who raise no objections to the proposal subject to approval of detailed drainage measures at the reserved matters stage.

For these reasons, I consider the proposal would make satisfactory provision for surface and foul water drainage, and the proposal would not increase the risk of flooding within site or the locality in accordance with the provisions of paragraphs 93-108 of the NPPF and saved policies PR.7 and DEV.7 of the Local Plan Review and policy CS.4 of the emerging Core Strategy, which remain broadly consistent with the NPPF.

Impacts on the setting of Heritage Assets and Archaeology

Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that in considering whether to grant planning permission for development that affects a listed building or its setting, the local planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Paragraphs 128 to 139 of the NPPF seek to protect heritage assets, including sites of archaeological importance. However, paragraphs 133 and 134 state that harm to heritage assets may be acceptable if outweighed by public benefits. Saved policies EF.11, EF.13 and EF.14 of the Local Plan Review are less flexible and more restrictive in their approach than the NPPF, as the key requirement is the protection of heritage assets. They are therefore not considered consistent with the NPPF, and consequently afforded limited weight. Policy CS.8 of the emerging Core Strategy does however allow for harm to a heritage asset to be weighed against the public benefits associated with development proposals.

The application, including the supporting heritage information, has been carefully considered by your conservation officer who concludes whilst the nearby village of Northend has a number of listed buildings, due to the separation distances and intervening features including the M40 and B4100 there would be no discernible impact on the setting of these heritage assets. Other settlements are considered sufficiently distant to avoid any harm to their setting.

The main heritage asset whose setting is potentially affected is the Burton Dassett Beacon Tower which is both a Scheduled monument and a Grade II Listed Building located in the Burton Dassett country park. Its scheduled status takes precedence, and its significance in this regard would not be affected.

Your conservation officer concludes there is no impact on views towards the beacon tower that would cause significant harm to the significance of the Beacon Tower as a Scheduled Monument and Listed Building. He goes on to say that the development is not of such a scale or character that its impact on the wider setting of the heritage asset, in terms of its generally isolated rural character, would harm its significance. Furthermore, having regard to the policy approach set out in the NPPF, the harm to the significance to his heritage asset is negligible. I do not disagree with these conclusions.

Archaeology

An Archaeological assessment has been submitted as part of this application. WCC Archaeological Services have considered this information and conclude there is a potential for archaeological deposits pre-dating the medieval and later agricultural use of this area to survive across the development site which include prehistoric, Roman and/or Saxon remains. However, subject to further investigative and evaluative work secured via planning condition prior to works commencing, there would be sufficient protection for features of potential archaeological significance within the site.

For these reasons, I currently consider that the proposed development would be acceptable having regard to the provisions of the NPPF (Section 12). Saved policy EF.11 of the Local Plan is not considered consistent with the NPPF, as it is a more restrictive policy than the NPPF and therefore afforded limited weight.

I therefore conclude that there are no overriding constraints in relation to impact on heritage assets to an appropriate form of development on the site.

Loss of Agricultural Land

Paragraph 112 of the NPPF identifies that Local Authorities should seek to use areas of poorer quality land in preference to that of higher quality land. Officers consider that the land is Grade 3b agricultural land. The site therefore does not comprise the best and most versatile land (BMV which is grades 1, 2 and 3a).

It is also noted that in other planning appeals within the District including Salford Road Bidford (6.61 ha) and Hampton Lucy (2.02 ha) where the loss of BMV land had not resulted in dismissal of the appeals. This proposal results in a loss of 3.9ha of agricultural land that is not constitute the BMV land. In light of this, I conclude that the loss of agricultural land results in harm but that must be weighed against the benefits of the proposal in the overall planning balance as set out below.

Ecology

I acknowledge that representations have been made in respect of the potential impact on ecological habitat. One of the core planning principles of the NPPF is to conserve and enhance the natural environment, as expanded upon by paragraph 118. Saved policies EF.6 and EF.7 of the Local Plan Review generally accord with the NPPF as they relate to the retention, protection, management and, where appropriate, creation of wildlife habitats, albeit, the NPPF is less restrictive.

The main ecological features of interest are considered to be the boundary trees and hedgerows, particularly those on the western edge of the site bordering the bridleway, and with such features to be retained as part of the development, the loss of single arable field is unlikely to give rise to concerns over losses to biodiversity. It is noted 2 trees contain bat roosts, however, the proposal does not remove these trees and the layout can be sensitively designed at the reserved matters stage which would control/mitigate any impact on these trees/bats. Furthermore, The County Council Ecologist raises no objection to the proposals and requests a condition relating to nesting birds, details of lighting and a Landscape and Ecology Management Plan.

For these reasons, I consider that the development would have an acceptable ecological impact in accordance with paragraph 118 of the NPPF, saved policies EF.6 and EF.6 of the Local Plan Review and policy CS.6 of the emerging Core Strategy and the provisions of the NERC act.

Land Contamination

The application site is within an area with of low potential risk for land contamination. However, subject to the imposition of planning conditions, as recommended by your Environmental Heath Officer, ensuring the identification of any potential risks and any appropriate mitigation, any potential harm to other land uses, health or the natural environment is considered acceptable. This would ensure the proposed development would not give rise to any land contamination issues in accordance the provisions of saved policy PR.8 and the principles of the NPPF.

Community Facilities & Infrastructure

It is noted that a significant number of representations have been made in relation to the inadequacy local infrastructure, services and facilities to support the impact of this development. Whilst, it is considered the proposed development would inevitably have some impact, it must recognised that the scale of development is limited to a maximum of 59 dwellings and no objections have been received from the NHS, WCC Education, WCC Libraries, WCC Rights of Way Team, WCC Highways, WCC Ecology, Environment Agency, Lead Local Flood Authority and Severn Trent Water as the key statutory/technical consultee’s in relation to services, facilities and infrastructure.

The application is also supported by a utilities statement that demonstrates satisfactory provision can be made for electricity, water, telecoms and foul water

within the site and no diversion/protection works would be required to accommodate the proposed development.

The statement recognises that mains gas connections would not be possible due to the distance from the nearest services. However, alternative technologies could be implemented for heating including on-site LPG storage, biomass boilers, oil fed boilers, storage heaters, air/ground source heat pumps.

In such circumstances, there is insufficient evidence to prove any harm would be so significant it would constitute a reason for refusal in officers’ opinion.

Other Matters

The Ministry of Defence have confirmed the site falls outside the no build safety zone placed around the munitions store at MoD Kineton, and no objection is raised to the proposal on the grounds of public safety.

Planning Obligations

The below requests have been received (based on a proposal for 94 dwellings):

Affordable Housing

35% of total housing numbers with tenures expected to reflect the Council’s standard requirement for 75% social rented and 25% intermediate units.

Education

A contribution of £128,557 is requested towards replacement of temporary classroom at Temple Herdewyke Primary to ensure long term viability of pupil places and the accommodation of pupils from this development.

Highways

Warwickshire County Highways have requested £75 per dwelling (up to £4,425) for sustainable welcome packs to help promote safe and sustainable travel in the local area.

WCC Infrastructure (Public Transport):

WCC request £59,000 towards enhancing the public transport provision over the next 5 years. This will be used to extend current services. The contributions will be used to provide an hourly service to Leamington Spa.

WCC Infrastructure (Bus Stops):

WCC request £12,000 towards the provision of 2 new bus stops in order to improve access to public transport.

Libraries

Warwickshire County Council Library Service has requested a contribution of up to £1,291 (based on 59 dwellings) towards the improvement of local library facilities.

Public Rights of Way

WCC request a contribution of £10,430 (based on 94 dwellings) towards improvements to public rights of way within 1.5 mile radius of the site to mitigate increased maintenance costs due to increased usage of rights of way by occupiers of the development.

The applicant has also offered to provide financial contribution of £15,000 towards upgrading the footpath along the western boundary of the site and a contribution of £15,000 towards providing 3 new footpath links through the existing security fence situated beyond the western boundary of the site to enhance connectivity and permeability between the existing community and the proposed development (should an agreement be reached by third party landowners/management company). These measures would be a benefit to the wider community and well as the future occupiers of development as part of the wider connectivity strategy secured by planning condition for the proposed development.

Community Land

The applicant has offered to provide land within the site for the use of the local community. This land, in consultation with the Parish council and the local community, could be used for the creation of a new village hall and/or additional off-road parking for the school and/or new allotments. This offer is part of the package of benefits provided by the proposal and must be weighed against the harm created by the proposal in the overall planning balance.

Open Space

An equipped children’s play space of up to 375m2 would be provided within the site and an off-site contribution of £10,750 would be sought towards the improvement of youth and adult open space within the locality. Provision would also be made for the maintenance and management of open space within the site.

Healthcare (Primary Care)

NHS South Warwickshire requests £12,964 towards improving/extending primary care (GP) facilities at Kineton Surgery, Kineton to mitigate the impact of the proposed residential development.

Healthcare (Acute)

South Warwickshire NHS Foundation Trust (SWFT) has requested a contribution of up to £97,756.13 (based on 94 dwellings) towards healthcare.

The Council’s Cabinet on 16.03.15 agreed an interim policy that where South Warwickshire NHS Foundation Trust has sought a contribution towards healthcare that such a contribution should be secured via a S106 agreement, subject to the Head of Environment and Planning being satisfied that such a contribution would be CIL compliant.

Officers support the principle of these contributions but it is for the NHS to provide the detailed evidence to show compliance against the 3 tests set out in Regulation 122 of Community Infrastructure Levy (CIL) Regulations in respect of the Healthcare Contribution.

Conclusions

Whilst the proposal conflicts with some of the saved policies of the Development Plan, these policies are not wholly consistent with the NPPF. Whilst the principle of the proposal does not accord with the Development Plan as a whole there are other material considerations that have been taken account of.

The ‘golden thread’ running through the NPPF is the presumption in favour of sustainable development. It gives three dimensions to sustainable development: social, economic and environmental. These should not be assessed in isolation, because they are mutually dependent. On this basis, I have concluded that the proposal is sustainable development.

Assessing the planning balance, it is considered that the benefits from the scheme would be:

Provision of 59 new homes in a sustainable location, contributing towards maintaining the Council’s 5 year housing land supply and providing an enhanced choice of housing types and mix.

Provision of 35% affordable homes in a settlement with no affordable housing.

Provision of a significant amount of new public open space to serve the needs of future residents and the wider community.

Provision of community land (for new village hall and/or additional off-road parking for the school and/or new allotments).

New green infrastructure/structural landscaping for the site Financial contribution towards improving school infrastructure (new class

room at TH Primary school). Creation of short term construction jobs. Longer term support for the local economy from new residents. New homes bonus. Provision of new children’s play space and equipment. New pedestrian crossing for Falkland Place, new bus stops, enhanced bus

service provision, footpath improvements and potential new pedestrian linkages through security fence in future.

With regards to the potential harm arising from the development, it is considered that:

There would be some harm to the character of the landscape and some harmful visual impact to the landscape which is not considered significant in the wider context and can be adequately mitigated through planning conditions.

There would be a loss of 3.9 ha (Grade 3b) of agricultural land.

Technical issues from statutory consultees can be dealt with by planning conditions. Where potential deficiencies in services/facilities have been identified, financial contributions have been sought to remedy these. The development will not place undue pressure on the local infrastructure.

It is concluded that the benefits of the scheme would outweigh the identified harm.

Recommendation

Whilst officers have made a recommendation on the basis of the Development Plan and other material considerations it is for the Committee to weigh and balance these in coming to a decision.

It is therefore recommended that subject to:

the satisfactory completion of a S.106 agreement to provide the following requirements and contributions with delegated authority to the Head of Environment and Planning in consultation with the Chairman of the Planning Committee in respect of any final negotiations:

• Affordable Housing Provision (35% by number of units). Library contribution of up to £1,291.• For sustainable travel packs – up to £4,425 (£75 per dwelling).• Public rights of way contribution - up to £6,546.o Public transport (bus service) improvements provision – up to

£59,000*o Public transport infrastructure (2 Bus stops) - £12,000. New pedestrian footway/linkages through security fence - £15,000. Improvement of existing footpath on western boundary - £15,000. Off-site youth and adult play space – £10,750. On-site children’s open space (LEAP) provision. Management and maintenance of on-site Open Space. Provision of land (3300m2) for community use (Village Hall and/or

Allotments and/or car parking). South Warwickshire NHS Foundation Trust (Acute Care) – up to

£61,357.57* NHS South Warwickshire (Primary Care) – £12,964. Education contribution towards new classroom at TH Primary –

£128,557.

*Contributions subject to the Planning Manager in consultation with the Council’s Solicitor agreeing that they are CIL compliant.

the Planning Manager be authorised to GRANT outline planning permission, subject to the following conditions and notes, the detailed wording and numbering of which is delegated to officers:

Conditions Defining the Permission:

1. Details of the layout, scale, appearance and landscaping (the reserved matters) shall be submitted to and approved in writing by the District Planning Authority before any development begins and the development shall be carried out as approved.

2. Application for approval of reserved matters shall be made no later than 3 years from date of permission.

3. Development not begun later than 2 years from the date of approval of last reserved matters to be approved.

4. Plans to which decision relates for the avoidance of doubt.

5. Maximum number of dwellings to be erected on site of 59.

6. Removal of Permitted Development Rights under Part 4 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 for buildings, compounds, structures or enclosures which are required temporarily in connection with the development.

Pre-commencement Conditions

7. Existing and proposed levels details

8. Surface water drainage proposals including SuDS provision, specification, siting, maintenance scheme

9. Foul drainage proposals

10. Provision of the new access from Falkland Place

11.Construction Method and Management Statement including dust suppression measures, construction phasing plan, HGV routing plans, restrictions on HGV movements

12.No structure, tree or shrub shall be erected, planted or retained within the visibility splays exceeding, or likely to exceed at maturity, a height of 0.8metres above the level of the public highway carriageway.

13. Tree/hedge protection measures

14.Development shall not commence between 1 March and 31 August inclusive (including ground clearance and any vegetation removal) unless a competent ecologist has checked the site for active birds nests.

15.Submission of landscape and ecological management plan.

16.Archaeological scheme of investigation

17.Ground contamination Report

18.Details of adequate water supply and fire hydrants

19.Details and location of pumping station

Pre-occupancy Conditions

20.A detailed scheme for the provision, specification, siting, maintenance of incidental open space and landscaped areas on the site.

21.Detailed scheme for equipped children’s play space on-site (or financial contribution towards off-site provision to upgrade existing facilities within Temple Herdewyke).

22. External lighting details (including near potential bat/wildlife corridors).

23.Details and provision of noise mitigation measures/scheme (protect future occupiers).

24. Provision of water butts.

25. Provision of wheelie bins.

26.Specification of works to Bridleway.

27.New signalised pedestrian crossing details and provision.

28.Details of pedestrian connectivity strategy to integrate the proposed development with the surrounding built form.

29. Implementation of the recommendations of the approved Travel Plan.

30.Relocation of BT Service Cover or incorporation of a recessed lid infilled with tactile paving (or other scheme agreed in consultation with WCC Highways) if required at the detailed design stage to implement the signalised controlled pedestrian crossing.

31.Relocation of existing lighting column within the northern verge if found to be within/ to constrain the proposed footway around the back of the layby on the north side of Falkland Place (to ensure it is not a hazard or obstruction to pedestrians).

32.Details and location of pumping station.

Informative Notes:

1. S278 Highway Works2. Traffic management Act 20043. S38 Highway works4. Rights of Way Notes 5. Avoid mud and material on the highway6. Prevention of surface water onto highway7. Drainage Authority Notes8. Duty to co-operate

ROBERT WEEKSHEAD OF ENVIRONMENT AND PLANNING

Update Report for Planning Committee (East) 14 October 2015

Committee Planning Manager: Liz Nicholson/Stacey Green

15/00418/OUT – Land off Falkland Place, Temple Herdewyke

Parish Council Representations:

Burton Dassett Parish Council have commented:

‘The PC objected to the development based on sustainability and community cohesion. The enlarged community would have no facility other than the primary School. We would potentially favourably consider reviewing a planning application for example of around 75 houses that included a Village hall. ‘(07.10.15).

Ward Member Representations

Cllr Chris Kettle raises no objection but states:

‘In view of the significant increase in traffic likely to exit onto the B4100 from the site and the existing settlement, traffic speed limits or traffic calming should be imposed on the B4100 around the immediate vicinity of the exit from the site’ (06.10.15)

Applicants Additional Comments

In reference to Parish Council Response Dated 07.10.15:

‘This application secures land for the erection of a village hall to serve the community needs of Temple Herdewyke. Should this application be supported, the applicant is committed to submitting a further application on the site that would facilitate a financial contribution of £150,000 towards a new village hall within the site.’ (12.10.15)

In reference to Ward Member Comments Dated 06.10.15:

‘We have discussed the highway implications of the development with WCC on numerous occasions during the planning application process, and WCC have not raised any concerns regarding traffic speeds on the B4100 being an issue. The analysis of the five year accident record has also identified that there is not an existing accident concern on the B4100 in the vicinity of the site. It should also be noted that the modelling undertaken in the report identifies that the junction would operate within capacity with minimal queuing in the future assessment year and when accounting for the development traffic. Hence, there is no justification for providing any traffic calming measures as a result of the development proposals. (12.10.15).

Neighbour Representations

5 further letters of objection re-iterating previous concerns and additional comments indicating further housing could be supported if a village hall was provided.

Officer Recommendation

Delete Condition 32 which is listed at condition 19

15/01342/FUL – Land adjacent 99 Banbury Road, Ettington

Revised Drawings in relation to reduced scheme

Since the Report was written, the revised layout and detail drawings have been submitted to the Council and updated on the website.

S106 Contributions

The S106 Contributions outlined within the Committee Report need to be revised to reflect the reduction in dwellings. Accordingly, the sums in relation to POS should be revised as follows:

• Children’s Play Provision - The scheme generates a requirement equivalent to 204 m2 of additional Children play space. Provision can be made via off-site contribution of £66,820 or alternative on-site provision to be agreed in consultation with the Local Planning Authority.

• Allotments and Community Gardens: The scheme generates a requirement equivalent to 326.4 of allotments/community gardens. Provision can be made via off-site contribution of £8,701 or alternative on-site provision to be agreed in consultation with the Local Planning Authority.

• Education: Final amount to be confirmed by WCC

Neighbour Representations

In response to the amended plans 3 additional letters were received. Only new points not already included within the Officer Report are summarised below:

•Concern that the latest access plan will require removal of hedge in order to achieve a visibility splay, and this conflicts with assurances that boundary vegetation would be left intact to screen the site

•Pre- supposes removal of adjacent property hedge•Cars will find it difficult to exit the proposed junction ,with views obscured by the ‘B’

pillar within most cars, and visibility splays not appropriate•Relaxation of the X distance not justified•Does not believe that the access junction complies with the DMRB

15/01801/FUL – Leylett, Banbury Road, Pillerton Priors

Update to impact on neighbouring amenity section – Page 57, 3rd Paragraph;

The front cornerof the dwelling projects closer to Old Rose Cottage by approximately 2.3 metres at the nearest point of the dwelling to the boundary compared to the existing dwelling.

Additional Comment from 3rd Party acting on behalf of The Gables

The dining room window provides the only source of sunlight which will be affected by development. The front window faces north and thus receives no sunlight.

Additional Comment received from agent regarding comments from 3rd parties;

We confirm we would like to correct some figures put forward by the objector at Old Rose

Cottage as follows:

The proposal shows a massing of 197% of the original dwelling (not 235% as noted in third party letter).

The proposal is 1m higher than the existing bungalow (not 2m).

The proposal would be 7.9m up from the Patio level of Old Rose Cottage – which is dug into the natural ground level (not 8.4m).

The proposal will be 11.2m from the nearest point of Old Rose Cottage (not 7m). We attach a sketch which illustrates this point. (attached to end of Presentation)

Update to Ecology Section;

Ecology refer back to previous bat survey submitted in pursuance of previous application (withdrawn) and recommend works carried out in accordance with Bat Survey mitigation works within the survey, no objection as stated on Page 58 of agenda.

Additional Conditions;

9. Submission of construction management plan to include method statement for demolition and reduction of ground levels adjacent to property boundaries.

10. Removal of permitted development rights for the insertion of first floor side facing windows.

15/02435/REM – Spring Hill, Stratford Road, Shipston on Stour, CV36 4HU

Update to Town Council response – received 05.10.15 and 08.10.15.

Shipston on Stour Town Council withdraw their objection on the basis that permeable paving has been agreed additionally on drives and patios and that a suitably worded condition is included to that effect.

Amended Plans

Drainage strategy and hard landscaping plan showing additional permeable paving received 02.10.2015.

Plan indicating the location of bins and water butts received 02.10.2015

Update to condition 1

Amended plans have been received showing the permeable paving. These plans would be listed as part of the approved drawing numbers in proposed condition 1 if members are minded to approve the application to ensure the permeable paving is implemented.

14/01469/FUL

No updates to report

14/02168/OUT

No updates to report

PLANNING COMMITTEE (EAST)

14 October 2015

MINUTES

Held at Main Hall, Kineton High School, Banbury Road, Kineton CV35 0JXMeeting commenced: 6.00 p.m. Meeting ended: 9.30 p.m.

Present: Councillor Danny Kendall (Chairman), Councillors A Parry, P Barnes, A Crump, B Dalla Mura, C Kettle, C Mills and C Williams

Apologies: Councillor M Brain

414. Application No. 15/00418/OUT - Land Off, Falkland Place, Temple Herdewyke

Councillor Kettle withdrew from the table for this item and addressed the Committee as Ward Member.

APPLICANT Lone Star and Smith BuildingsAPPLICATION SITE Land Off, Falkland Place, Temple HerdewykePROPOSAL Outline Planning application with means of

access from Falkland Place to be determined (layout, scale, appearance and landscaping reserved for subsequent approval) for the erection of up to 59 dwellings; land for community use including a school staff car park, village green, proposed drainage works including swales and a pumping station and all other ancillary and enabling works

SPEAKERS Cllr J Gordon-Cumming – Burton Dassett Parish Council – objectingMr Andy Wilkins – on behalf of the applicantCllr Kettle - District Council Ward Member

Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.

Having considered the application and the representations made at the meetinga motion of GRANT was proposed by Councillor Barnes and seconded by Councillor Mills.

Thereafter, by a unanimous vote, it was

RESOLVED:

That subject to the satisfactory completion of a S.106 agreement to provide the requirements and contributions detailed in the report with delegated authority to the Head of Environment and Planning in consultation with the Chairman of the Planning Committee in respect of any final negotiations, Planning Application 15/00418/OUT be GRANTED subject to the following (the detailed wording of which be delegated to Officers):

the 32 conditions contained in the report, including the amendments as detailed in the update report; and

the 8 notes contained in the report.