Planning Committee 04/10/2016 erection of 16no dwellings....

Planning Committee04/10/2016

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APPLICATION NUMBER: P/2016/0422/OUPPROPOSAL: Outline application with all matters

reserved except for access for demolition of existing buildings and erection of 16no dwellings.

LOCATION: Land At 305, Walkers LaneSutton Manor

WARD: Bold WardAPPLICANT: Mr George HaslamCASE OFFICER: Mr Alan KilroeRECOMMENDATION: Grant Planning Permission Subject to

Conditions and legal agreement pursuant to s106 of the Town and Country Planning Act 1990 (as amended)

1. APPLICATION SITE 1.1 The application site relates to 0.54 hectare parcel of land that is unallocated in the

Development Plan. The site is located on the edge of the settlement, in an area that has a mixed character with an established residential estate to the east, an industrial estate to the north, and agricultural land that is in the Green Belt running along the south of the site.

1.2 The site is an inverted ‘L’ shape, a grass lawn to the north forms around 2/3 of the site with the remaining 1/3 comprising an area of hardstanding and a collection of dilapidated agricultural buildings. The site is accessed off Walkers Lane via a track that runs along its eastern boundary, it is separated from dwellings on Scott Avenue by a hit and miss timber fence.

1.3 The applicant also owns a substantial amount of the agricultural land to the south of the site, and number 305 Walkers Lane which runs along the site’s western boundary.

2. PROPOSAL

2.1 This application has been submitted in outline form, with all matters other than access reserved for future determination, it proposes the erection of 16 dwellings. The application proposes that access into the site would be moved closer to 305 Walkers Lane, and would be upgraded to a 5.5m wide road with a 2m footpath on each side.

2.2 Initially the application proposed the erection of 18 dwellings, but the scheme was amended to 16 dwellings because the applicant discovered that they did not control some of the land.

3. CONSULTATIONS 3.1 Highways: No objections subject to the provision of 2 off street parking spaces per

dwelling on 3m wide drives.

3.2 Design and Conservation: No objections to a well designed scheme. The siting of Plots 1 and 2 should be carried through to any subsequent reserved matters applications.

3.3 Environment Agency: No objections


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3.4 Trees & Woodlands Officer: No objections to the proposals subject to an appropriate landscaping condition and tree protection measures

3.5 Merseyside Environmental Advisory Service (MEAS): No objections subject to conditions addressing contamination, Reasonable Avoidance Measures for Great Crested Newts, and breeding birds.

3.6 Environmental Health (Pollution): No objections subject to a condition requiring a dust management plan during the construction phase of the development

3.7 Lead Local Flood Authority: No objections subject to conditions

4. REPRESENTATIONS 4.1 The application was publicised by way of individual neighbour letters, a site notice and

a press notice. Neighbours were also consulted after the scheme was amended. Twelve material objections were received raising the following concerns:

The development will lead to contractor’s vehicles adding to heavy traffic disruption already caused by buses, coaches and HGVs

The additional traffic caused by the occupation of the new dwellings would cause significant extra disruption at peak periods

Safety as well as noise and the preservation of the appearance of the area should persuade the Council to refuse the application

The development would affect privacy and would take away the feeling of semi-rural quietness

The development would affect wildlife and cause disturbance during the construction phase

No point building houses in Sutton Manor, we only end up with yobs Don’t want houses backing on, we will lose our view of the countryside There will be no access to the rear of houses by the Fire Brigade The housing would be crammed together The building of houses on Lea Green has ceased because they cannot be sold The density of the development would be unsympathetic to its surroundings The site is green field with a public footpath There is no need for market housing in this area The noise and dirt would be unbearable The extra traffic generated would be dangerous because the access would face a

primary school, and a bungalow that caters for disabled people close to a roundabout

Much of Sutton Manor is of great local interest over half a dozen of the abutting buildings are cottages from the early Victoria era, and this development would be unsympathetic to local character

The access road to the site states “Unsuitable for HGVs”, this site would result in construction vehicles close to Sutton Manor primary school. This will have a negative effect on the area and on safety

This development would open up the possibility of further development on the Green Belt land adjoining the site, surely it would be better to develop brownfield sites

5. SITE HISTORY

5.1 None relevant


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6. POLICY

National Planning Policy Framework6.1 The National Planning Policy Framework states that local planning authorities should

approach decision taking in a positive way to foster the delivery of sustainable development. It further states that in determining development proposals, the presumption in favour of sustainable development should be applied and further reiterates the requirements of planning law that applications must be determined in accordance with the development plan, unless material considerations indicate otherwise. In decision taking, proposals that accord with the development plan should be approved without delay.

Development Plan6.2 The adopted development plan for St Helens is the St Helens Local Plan Core

Strategy (adopted 2012); saved policies in the St Helens Unitary Development Plan (adopted 1998); and the Joint Merseyside and Halton Waste Local Plan (adopted 2013).

Policies of the Core Strategy Local Plan (2012) CAS 1 St. Helens Core Area Strategy CH 1 Meeting St. Helens' Housing Requirement CH 2 Meeting St. Helens' Housing Needs CP 1 Ensuring Quality Development in St. Helens CP 2 Creating an Accessible St. Helens CQL 2 Trees and Woodlands CQL 3 Biodiversity and Geological Conservation CQL4 Heritage and Landscape

Saved Policies of the St. Helens Unitary Development Plan (1998) ENV 30 - Drainage

Supplementary Planning Documents New Residential Development Ensuring Choice of Travel

Other Considerations6.3 The application has been considered having regard to Article 1 of the First Protocol of

the Human Rights Act 1998, which sets out a person’s rights to the peaceful enjoyment of property and Article 8 of the Convention of the same Act which sets out his/her rights in respect for private and family life and for the home. Officers consider that the proposed development would not be contrary to the provisions of the above Articles in respect of the human rights of surrounding residents/occupiers.

6.4 This application has been considered in relation to Section 17 of The Crime and Disorder Act. The Police Crime Prevention Officer has been afforded the opportunity to comment on this scheme, but no comments have been received.

6.5 The application has been considered in accordance with the St Helens Council’s Comprehensive Equality Policy, which seeks to prevent unlawful discrimination, promote equality of opportunity and good relations between people in a diverse community. In this case the proposed development is not anticipated to have any potential impact from an equality perspective.


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7. ASSESSMENT

Principle of Development7.1 Policy CH1 in the Core Strategy states that at least 80% of new dwellings should be

constructed on previously developed land, and that new residential developments on greenfield sites will only be permitted in certain circumstances, such as the delivery of significant social, economic and environmental benefits.

7.2 This application proposes the redevelopment of a greenfield site in Sutton Manor for a residential development. The site lies in a sustainable location, on a bus route and in close proximity to a local school and shops. A Planning Statement has been submitted in support of the application that identifies the benefits that would be delivered, including jobs created during the construction phase, increased expenditure in the local area by new residents and the delivery of much needed new housing.

7.3 The benefits put forward by the applicant are material, and should weigh in favour of the proposals, however, it is not considered that they could be deemed significant benefits.

7.4 Notwithstanding this, the Council is currently exceeding its target of delivering 80% of new dwellings on previously developed land. Given the small scale of the proposed development, it would not prejudice the Council’s ability to continue to meet this target. The proposed development would therefore not be contrary to the purposes of Policy CH1.

7.5 The NPPF seeks to significantly boost the supply of housing, and the proposed development would make a positive contribution to the Council’s new housing requirement of 13,680 dwellings before 2027. The site is located in a sustainable location within an existing settlement, and given that no harm would be caused to the Council’s target of delivering 80% of new dwellings on previously developed land, it is considered that on balance, the principle of the development is acceptable.

Highway Safety and Traffic7.6 Policy CP2 in the Core Strategy states that new developments should make adequate

and safe provision for access to a site, circulation within a site and off street parking. The NPPF states that development should only be refused on transport grounds where the residual cumulative impacts of development are severe.

7.7 The access into the site would be moved to the west of the existing access, it would have a 5.5m wide carriageway and 2m footpaths on each side. A speed survey has been undertaken which has identified that the necessary visibility splays can be accommodated on land that is under the applicant’s ownership. The Senior Transport Officer considered that the proposed access is a sufficient distance from the mini-roundabout to the east of the site, and the proposed access is considered to be acceptable.

7.8 The application is in outline form with layout reserved for future determination and therefore details of parking are not available at this stage. However, a condition is recommended that would require each new dwelling to provide 2 off street parking spaces, in line with the requirements of the Ensuring a Choice of Travel SPD. It is considered that this would ensure that each dwelling would benefit from appropriate levels of off street parking.

7.9 Concerns have been raised by local residents that traffic generated by the proposed development during the construction and occupation phases would cause harm to highway safety.


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7.10 The proposed development is for 16 dwellings, and it is not considered that when occupied, a development of this scale would attract a level of traffic which would materially affect the flow of traffic on the local highway network. The construction phase of the development is likely to attract HGVs, but this would only be for a limited period and an appropriate access into the site can be achieved. As HGVs already operate in the local area, and given the limited period of the construction phase, it is not considered this would have a severe impact on the local highway network. The highway impacts of the development are therefore considered to be acceptable and the development is considered to comply with Policy CP2.

Design & Amenity7.11 Policy CP1 in the Core Strategy states that new developments should maintain or

enhance the character and appearance of the local area, and should preserve the amenity of neighbouring occupants.

7.12 The application is in outline form with layout, scale and appearance reserved for later determination. However, an indicative layout has been submitted with the application to demonstrate whether a development of 16 dwellings could be accommodated on the site.

7.13 The layout shows a spine road running along the boundary with 305 Walkers Lane, 2 dwellings would provide frontage onto the highway, 10 would back onto the rear of properties on Scotts Avenue, and the remaining 4 would be to the rear of 305 and 307 Walkers Lane.

7.14 Local residents have raised concerns that the density of the development would result in houses that are crammed together, which would be out of character with the local area. However, the density proposed on the site would be very similar to the surrounding area and it is considered that the indicative layout demonstrates that an acceptable development of 16 dwellings that would be in keeping with the character of the local area can be delivered on the site.

7.15 The New Residential Developments SPD states that in order to prevent harm from overlooking, undue dominance and overshadowing, a separation distance of 23m should be kept between the first floor windows of neighbouring properties. The indicative layout submitted with the application shows that a development of 16 dwellings on the site could achieve sufficient separation from existing dwellings to ensure that harm is not caused to the amenity of the occupants of neighbouring dwellings through a loss of privacy or undue dominance.

7.16 Some local residents have raised concerns that the proposed development would take away their views of the countryside and the semi-rural feel of the area. However, the loss of a view is not a material planning consideration and as explained above, it is considered that the proposals would be in keeping with the character of the area.

7.17 On the basis of the information submitted the applicant has demonstrated that the proposed development could achieve an acceptable layout without harming the character of the area or the amenity of neighbouring residents. The proposals are considered to comply with Policy CP1.

Affordable Housing7.18 Policy CH2 in the Core Strategy requires new developments of five or more dwellings

to provide 30% affordable housing unless the applicant can demonstrate through a site specific viability assessment that this would render the scheme unviable and a lesser provision would be acceptable.


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7.19 Since the adoption of Policy CH2, the National Planning Practice Guidance (NPPG) has been updated and has increased the threshold to 10+ dwellings. This application proposes the erection of 16 dwellings, and therefore there is a requirement to provide affordable housing.

7.20 The applicant has submitted a site specific viability assessment with the application that has been reviewed by the Council’s retained viability consultants. The viability assessment shows that the development can deliver one on site affordable dwelling, or a commuted sum of £38,381 to support off site provision.

7.21 Since this is an outline application, the applicant would like to maintain as much flexibility as possible in how the affordable housing is delivered. A draft legal agreement has been submitted to the Council which requires the delivery of one affordable unit or the payment of £38,381 before the occupation of a certain number of dwellings. This is considered to be an appropriate manner of delivering the necessary affordable housing, and subject to the subject to the signing of this legal agreement, the proposed development is considered to comply with Policy CH2.

Environmental Issues7.22 The application has been accompanied by a drainage assessment, which shows that

the site can be drained using an off site drainage basin that is under the ownership of the applicant and discharge into Pendlebury Brook. The applicant has also provided evidence to show the green field run off rate from the site, and the necessary storage requirements for the 1 in 100 year floor event with an allowance for climate change. The Lead Local Flood Authority has reviewed this information and consider the proposals to be acceptable. The development can deliver a SUDs scheme and complies with the requirements of Policy CP1 in the Core Strategy.

7.23 There are trees and redundant buildings on the site, and ecology surveys have been submitted which show that subject to conditions, the demolition of these buildings, or the felling of trees would not harm protected species or their habitats. They proposals are considered to comply with Policy CQL4 in the Core Strategy.

7.24 Conditions are recommended to secure the submission of a contaminated land report, a dust management scheme, the implementation of any landscaping and management and maintenance of the drainage scheme in accordance with the requirements of Policy CP1.

Other Matters7.25 Concerns have been raised that the proposals would open up the possibility of further

development on the adjoining Green Belt land. This is not material to this planning application which must be considered on its own merits.

7.26 Objectors have also raised concerns regarding the loss of a public footpath, and the ability for fire appliances to access the rear of dwellings on Scotts Avenue. The site is enclosed private land, and there is no public right to access the land. The proposed development would therefore not affect a footpath or hinder the ability of the Fire Service.

7.27 Objectors have questioned the need for market housing in Sutton Manor. The NPPF seeks to significantly boost the supply of housing, and housing developments that accord with the development plan should be approved without delay. The proposed development is considered to comply with the development plan, and is therefore considered to be acceptable. It is for the market to determine whether the site is attractive enough to develop, not the local planning authority.


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8. CONCLUSION 8.1 The proposed development would deliver much needed housing in a sustainable

location, which could be designed in a way that would maintain local character and amenity without adversely affecting highway safety or the environment. The application proposes a sustainable development that complies with the development plan and other material considerations and should be approved without dely.

9. RECOMMENDATION

9.1 Grant planning permission subject to a legal agreement/unilateral undertaking pursuant to s106 of the Town and Country Planning Act 1990 (as amended) in relation to the provision of affordable housing and the following conditions:

1. All applications for reserved matters must be made within three years of the date of this decision notice and development must be commenced before the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

2. No development shall take place until details of the following reserved matters have been submitted to and approved in writing by the Council as Local Planning Authority: (a) appearance, (b) landscaping, (c) layout and (d) scale. The development shall be carried out in accordance with the reserved matters as approved.

3. The development shall be implemented in accordance with the following plans: 1224-001 Rev A 1224-002 Rev A 1224-003 Rev D VN50536-100 Rev A

4. The reserved matters submission in relation to layout required by condition 2, shall include details of existing and finished site levels relative to an agreed off-site datum. The development shall be undertaken in accordance with the approved details.

5. The reserved matters submission in relation to landscaping required by condition 2, shall include a boundary treatment scheme for the site. The agreed boundary treatment scheme shall be implemented prior to the occupation of the first dwelling on the site.

6. The reserved matters submission in relation to layout required by condition 2, shall include the provision of two parking spaces within the curtilage of the site, each measuring 5m x 3m. The spaces shall be implemented as agreed prior to first occupation of each dwelling and be available for car parking thereafter.

7. Visibility splays of 2.4 x 37m to the west and 2.4 x 33m to the east, as indicated on VECTOS Drawing No VN50536-100 Rev A, shall be in place before the first occupation of any dwelling hereby permitted. The splays shall be kept clear of any obstructions above 600mm thereafter.

8. Prior to occupation of the first dwelling, the access into the site from Walkers Lane shall be provided and the existing site access closed.


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9. Landscaping on the site shall be completed prior to any part of the development being brought into use, unless an alternative program of implementation has been submitted to and agreed in writing with the local planning authority. If any of the landscaping that is planted or shown as retained, dies, is removed, or, becomes seriously damaged or diseased within 5 years of the completion of the landscaping scheme. It shall be replaced during the next available planting season.

10. Prior to their use on site, details of the proposed facing materials shall be agreed in writing with the Local Planning Authority. The development shall be constructed in accordance with the agreed materials.

11. Prior to the occupation of each dwelling on the site, the internal highway shall be constructed to a point up to and including the parking provision for that dwelling. For the avoidance of doubt, the highway shall be constructed to at least binder course level using St Helens Council adoptable standards.

12. No grassland clearance or tree or hedgerow felling, lopping or pruning shall take place between 1st March and 31st August, unless a survey for breeding birds together with a scheme of necessary mitigation and protection measures, undertaken by a suitably qualified person, has been submitted to and approved in writing by the Council as Local Planning Authority. Should grassland clearance, tree or hedgerow felling, loping or pruning take place between the dates stated above, any agreed mitigation and protection measures shall be implemented and retained throughout the period.

13. No development shall take place until a scheme of ‘Reasonable Avoidance Measures’ to ensure the protection of great crested newts on the site shall be submitted to and agreed in writing with the Local Planning Authority. The measures should include:a. All staff working on site will be made aware of the potential presence of great

crested newts on site through toolbox talks;b. If a great crested newt is identified work should cease and appropriate

ecological advice should be sought;c. Vegetation clearance should be overseen by an appropriately licensed

ecologist and undertaken in an appropriate, phased manner in order to encourage amphibians to move out of the working area;

d. If a great crested newt is identified during any of the above operations, development may need to be suspended until a development licence is obtained;

e. Should any trenches and excavations be required, an escape route for animals that enter the trench must be provided, especially if left open overnight. Ramps should be no greater than of 45 degrees in angle. Ideally, any holes should be securely covered;

f. All excavations left open overnight or longer should be checked for animals prior to the continuation of works or infilling;

g. Any excavated material should be placed on boards or sheeting to reduced damage to the grass sward (if present). If left overnight this material should be searched prior to being used as infill;

h. Back filling should be completed immediately after any excavations, ideally back filling as an ongoing process to the work in hand;

i. All building materials should be stored off ground, to ensure that animals do not rest or hibernate in them; and


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j. Removal of potential refugia and stripping back of vegetation to be undertaken during Spring/Summer and outside the hibernation period for GCN and other amphibians (avoiding November to February, inclusive).

The development shall be implemented in accordance with the agreed measures

14. No development shall take place until an investigation and assessment methodology has been submitted to and agreed in writing by the local planning authority based upon the Phase I Site Appraisal by GRM. The site investigation and assessment shall be undertaken in accordance with the agreed methodology.

The results of the Site Investigation and Assessment, together with a Remediation Strategy based upon their findings, shall be submitted to and agreed in writing with the Council as Local Planning Authority. For the avoidance of doubt, the Remediation Strategy shall include a timetable for implementation, monitoring proposals and a remediation validation methodology.

The agreed Remediation Strategy shall be implemented, and a Site Validation/Completion report for each building on the site shall be submitted to and approved in writing by the Council as Local Planning Authority, prior to its first use. For the avoidance of doubt, the Site Validation/Completion Report shall include details on the remediation works undertaken; validation testing of the adequacy of the remediation; certificates of the suitability of the imported cover materials from a suitably qualified independent person; the fate of any excavated material; and any necessary verification-monitoring programme including details of any installed post-completion monitoring devices, together with measures to be undertaken should action limits be exceeded.

15. No development shall take place, except site clearance and remediation, until a detailed surface water drainage scheme, including a management and maintenance strategy has been submitted to and agreed in writing with the Council as Local Planning Authority. The drainage scheme shall be based upon Revision A of the Drainage Summary prepared by Ironside Farrar Limited dated July 2016.

16. Before any works are undertaken within 3m of the canopy of any tree, a scheme of temporary measures to provide physical protection to trees, hedges and shrubs on the site has been submitted to and agreed in writing by the local planning authority. The agreed scheme shall be implemented prior to the commencement of development and shall be retained for the duration of the construction phase. During development, the areas identified shall be kept free of machinery, stored materials of all kinds and any form of ground disturbance.

17. Demolition and construction works shall not take place outside the following hours: 07:30 - 18:00 Monday - Friday

09:00 - 13:00 SaturdaysNot at all on Sundays or Public Holidays

18. No work shall commence on site until details of a dust mitigation scheme has been submitted to and agreed in writing by the Council as Local Planning Authority. The development shall be carried out in accordance with the approved scheme.


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10. IMAGES

A view of the site from Walkers Lane



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A view of the buildings at the south of the site

A view across the site towards 305 Walkers Lane from the buildings at the south of the site


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The location of the site


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The proposed site layout

Planning Committee 04/10/2016 erection of 16no dwellings....

Documents

Transcript of Planning Committee 04/10/2016 erection of 16no dwellings....