Recommendation€¦ · WD/2019/0944/F - 79 QUEENS COTTAGES, WADHURST, TN5 6RN Summary of Proposal...

For: Planning Committee North Date: 17 October 2019

WD/2019/0944/F - 79 QUEENS COTTAGES, WADHURST, TN5 6RN

Summary of Proposal Full application for:- TWO STOREY SIDE ADDITION, SINGLE STOREY REAR ADDITION INCLUDING CONVERTING INTO 2NO FLATS Received date: 2 July 2019 Parish: Wadhurst 8/13 week date: 27 August 2019 Ward: Frant & Wadhurst Grid Ref: 563345 132583 Link to website: http://planning.wealden.gov.uk/plandisp.aspx?recno=146059

Recommendation Subject to the satisfactory completion of a Section 106 Agreement to secure appropriate mitigation for impact on the Ashdown Forest SPA and SAC and Lewes Downs SAC Full planning permission BE GRANTED, subject to the following conditions:- 1. The development to which this permission relates shall be begun not later than

the expiration of three years beginning with the date on which this permission is granted. STD4A

REASON: To meet the requirements of Section 51 of the Planning and

Compulsory Purchase Act 2004. 2. The development shall not be occupied until the Local Planning Authority has

approved, in writing, a scheme to secure further mitigation of increased vehicular movements arising from the scheme.

That mitigation shall include:

Details of the provision of electric vehicle charging points at the site;

Provide a personalised travel plan for incoming residents to the site; and

Details of the ability of all dwellings to connect to high speed broadband. The details shall include phasing and timing of all works to secure delivery of the

mitigation and thereafter the development shall proceed strictly in accordance with the agreed further mitigation.

REASON: The development will result in an increase of vehicular movements

with a likely significant effect, when taken in combination with other plans and projects, upon European designated sites. To ensure that the proposal may proceed as sustainable development, there is a duty upon the Local Planning Authority to provide sufficient mitigation for any additional traffic that might cause degradation of air quality upon the designated sites. In coming to this decision, the Council have had regard to Regulation 63 of the Conservation of Habitats and Species Regulations 2017, the amended version of Policy WCS12 of the Core Strategy Local Plan 2013 together with WCS14 of the Plan and the

http://planning.wealden.gov.uk/plandisp.aspx?recno=146059


requirements of saved Policies EN7 and EN15 of the Wealden Local Plan 1998 and the emerging Wealden Local Plan 2019 Policies AF1 and AF2.

3. The finished ground floor levels of the extensions hereby approved in relation to

the existing dwelling shall be carried out in accordance with the approved drawing no 3 rev.B date stamped 9 August 2019 and thereafter so retained. C10

REASON: In order to secure a satisfactory standard of development having

regard to SPO13 and WCS14 to the Wealden Core Strategy Local Plan 2013, Saved Policy EN27 of the adopted Wealden Local Plan 1998 and policies BED1 and INF4 of the emerging Wealden Local Plan 2019.

4. The external materials, including windows, used in the construction of the

development hereby approved shall be as detailed within the permitted application particulars, to match existing where appropriate, and shall be retained permanently as such, unless prior written consent is obtained from the Local Planning Authority to any variation. MA11

REASON: To safeguard the appearance of the building and the visual amenities

of the locality and to comply with SPO2, SPO13 and WCS14 to the Wealden Core Strategy Local Plan 2013, Saved Policy EN27 of the adopted Wealden Local Plan 1998, policy BED1 of the emerging Wealden Local Plan 2019 coupled with the requirements of paragraph 127 of the National Planning Policy Framework 2018.

5. Before first use / occupation of the flats hereby approved, the on site car parking

spaces shown on drawing no 4 rev.C date stamped 27 September 2019 shall be provided, and thereafter shall be retained for such purposes to the satisfaction of the Local Planning Authority. PC09

REASON: In the interests of and for the safety of persons and vehicles using the

premises and/or the adjoining road and in order to secure a satisfactory standard of development, having regard to SPO13 and WCS14 to the Wealden Core Strategy Local Plan 2013, Saved Policies EN27, TR3 and TR16 of the adopted Wealden Local Plan 1998, policy BED2 of the emerging Wealden Local Plan 2019 coupled with the requirements of paragraphs 104 and 110 of the National Planning Policy Framework 2018.

6. Before the preparation of ground levels for the provision of the additional car

parking area within the rear garden as hereby approved, details of the proposed levels relative to existing ground levels and details of the surface materials, and of any proposed fencing, walling and/or other boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to first use of these spaces and thereafter retained.

REASON: In order to secure a satisfactory standard of development, having

regard to SPO13 and WCS14 to the Wealden Core Strategy Local Plan 2013, Saved Policies EN27, TR3 and TR16 of the adopted Wealden Local Plan 1998, policy BED2 of the emerging Wealden Local Plan 2019 coupled with the


requirements of paragraphs 104 and 110 of the National Planning Policy Framework 2018.

7. Before the preparation of groundworks to erect the extensions hereby approved,

details of the form and position of fencing, for the protection of the boundary hedges (other than the section of roadside hedging which is to be removed to facilitate the new parking area) shall be submitted to and be to the written approval of the Local Planning Authority, and such fencing shall be erected in the positions approved before the development is commenced and thereafter retained until such completion of the development, to the approval of the Local Planning Authority. The boundary hedges (other than the section of roadside hedging which is to be removed to facilitate the new parking area) shall be retained to a minimum height of 1.5m during and post development unless a prior variation or alternative boundary treatment is submitted and is agreed by the Local Planning Authority in writing.

REASON: To safeguard the appearance of the site in the interests of visual

amenity and the character of the area, having regard to SPO13 and WCS14 to the Wealden Core Strategy Local Plan 2013, Saved Policies EN12 and EN14 of the adopted Wealden Local Plan 1998, policies EA1 and BED1 of the emerging Wealden Local Plan 2019 coupled with the requirements of paragraphs 127, 170 and 175 of the National Planning Policy Framework 2018 and the Wealden Design Guide, Chapter 3, Section 6.

8. Notwithstanding the provisions of The Town and Country Planning (General

Permitted Development) (England) Order 2015, (or any Order revoking or re-enacting that Order with or without modification) no windows or openings (other than those expressly authorised by this permission) shall be inserted into the side (east) elevation of the rear extension hereby permitted. PD06

REASON: To enable the Local Planning Authority to regulate and control the

development of land and to protect the residential and visual amenities of the locality having regard to SPO13 and WCS14 to the Wealden Core Strategy Local Plan 2013, Saved Policy EN27 of the adopted Wealden Local Plan 1998, policy BED1 of the emerging Wealden Local Plan 2019 coupled with the requirements of paragraph 127 of the National Planning Policy Framework 2018.

9. This planning decision relates solely to the information contained within the

application form, the following plan(s) and (where appropriate) documents: Ref. Date Stamped. STN4 No.1 Rev C Existing Ground & First Floor 9 August 2019 No.2 Rev D Proposed Ground & First Floor 9 August 2019 No.3 Rev B Proposed & Existing Elevations 9 August 2019 No.4 Rev C Proposed Location & Block Plan 27 September 2019 REASON: For the avoidance of doubt. The local planning authority’s reasons for its decision to grant planning

permission are set out in the officer’s report which can be viewed on the Council’s website at www.planning.wealden.gov.uk

http://www.planning.wealden.gov.uk/


NOTE: Should alterations or amendments be required to the approved plans, it

will be necessary to apply either under Section 96A of the Town and Country Planning Act 1990 for non-material alterations or Section 73 of the Act for minor material alterations. An application must be made using the standard application forms and you should consult with us, to establish the correct type of application to be made.

NOTE 1: This permission is subject to an agreement under Section 106 of the

Town and Country Planning Act 1990. STN1 NOTE 2: The applicant is reminded that it is an offence to damage or destroy

species protected under separate legislation. Planning consent for a development does not provide a defence against prosecution under European and UK wildlife protection legislation. You are advised that it may be necessary, shortly before development commences, for the applicant to commission an ecological survey from suitably qualified and experienced professionals to determine the presence or otherwise of such protected species. If protected species are found to be present, Natural England should be consulted. NCN2

NOTE 3: The applicant is advised that it is an offence under section 161 of the

Highway Act 1980 to deposit anything on a highway the consequence of which a user of the highway is injured or endangered. It is strongly recommended that during any form of earthworks and/or excavations that are carried out as part of the development, suitable vehicle wheel washing equipment should be provided and used within the site, to prevent contamination and damage to the adjacent roads. STN13

NOTE 4: The applicant is advised that care should be taken during the

construction period to ensure that noise and disturbance to neighbours is kept to a minimum and that deliveries to site are arranged so that congestion on the narrow roads is avoided where possible.

NOTE 5: The applicant will be required to enter into a Section 184 Licence with

East Sussex Highways, for the provision of a new vehicular access. The applicant is requested to contact East Sussex Highways (0345 60 80 193) to commence this process. The applicant is advised that it is an offence to undertake any works within the highway prior to the licence being in place.

Reason for Referral This planning application was originally considered by this Committee on 19 September 2019. At the PCN meeting, it was RESOLVED that full planning permission BE DEFERRED, on a without prejudice basis, in order to adjust the proposed car parking proposed for the units. The Committee requested that consideration be given to providing two spaces to the front and two spaces in the rear garden.

Executive Summary The application building is a semi detached dwelling occupying a corner plot in Wadhurst that lies within the High Weald Area of Outstanding Natural Beauty


(AONB). The site lies within the defined development boundary for Wadhurst that is retained in the Wealden Core Strategy 2013 and within the revised development boundary defined in the emerging Wealden Local Plan 2019. The site lies in a sustainable location with local services and facilities being accessible on foot as well as by car. It is proposed to extend and subdivide the property to form two flats. Amended plans were submitted to address concerns raised with regard to on site parking provision, size of the proposed extensions and impact on the street scene and the neighbour. Four ‘tandem’ car parking spaces were indicated to the front of the dwelling using the existing vehicular access. At the PCN meeting on 19th September 2019 it was determined that whilst Members supported the extensions to the building and its subsequent conversion into two flats, concerns were raised regarding the on-street parking issues in the locality and that the proposed provision of on-site parking to the front of the site was not sufficient in size to be practically useable to serve four cars – resulting in additional on-street parking pressure. It was therefore resolved to defer the decision to enable officers to seek further amendments to the proposed parking spaces, limiting it to two to the front of the property, but ensuring that sufficient on-site parking was proposed to serve the two flats. In response to PCN’s resolution an amended plan indicating two car spaces to the rear garden area and a revised arrangement for two parking spaces to the front of the property has been submitted. Reconsultations are being carried out on the amended plan. Members will be updated on any responses received in due course. It is considered that the concerns raised by PCN with regard to parking to serve the proposed development have been satisfactorily addressed. It is recommended that conditional planning permission for the scheme be granted following the satisfactory completion of a legal agreement to secure appropriate mitigation for impact on the Ashdown Forest SPA and SAC.

1. Statutory Bodies and Residents - Responses The consultation responses on the application were previously reported to PCN. Although the Parish Council supported the provision of smaller units it objected to the scheme expressing concern with regard to parking provision. Two letters from local residents also expressed concern regarding parking issues. Following the receipt of an amended plan to address the PCN resolution reconsultations with the Parish Council and local residents have been carried out. The consultation period expires 11 October 2019. No further responses have been received to date. Members will be updated on comments received at the Committee meeting.

2. Other Relevant Responses/Issues None Received.


3. Relevant Planning History No application history.

4. Details of Case The Application Site

No. 79 Queens Cottages is a two bedroom, two storey dwelling occupying a corner plot in an established residential area in Wadhurst.

The properties on the other side of the road to the west (circled in blue on the GIS extract above) are also flats

The Development Proposals

It is proposed to extend the existing two storey dwelling and convert it to form a three bedroom flat and a two bedroom flat. In response to the concerns raised by PCN an amended plan has been submitted indicating a revised parking layout with a new access proposed to the rear of the site.

Amended Plan


Policy Framework

The up-to-date approved ‘development plan’ for Wealden District Council comprises the following documents:

The Wealden District Council (incorporating part of the South Downs National Park) Core Strategy Local Plan (adopted 19 February 2013)

The Wealden Local Plan (adopted December 1998) (Saved Policies).

The East Sussex and Brighton & Hove Waste Local Plan (adopted February 2006) (Saved Policies).

East Sussex, South Downs and Brighton and Hove Waste and Minerals Local Plan (adopted February 2013).

The Affordable Housing Delivery Local Plan (May 2016)

On 28 March 2013 an application was made to the High Court under Section 113 of the Planning and Compulsory Purchase Act 2004 challenging the validity of the Core Strategy on the grounds that it failed to comply with the requirements of Directive 2001/43/EC on the Assessment and Effect of Certain Plans and Programmes on the Environment and the implementing Environmental Assessment of Plans and Programmes Regulations 2004. This was dismissed by Order dated 21 February 2014. However, an appeal on 3 grounds was made to the Court of Appeal. On 7 October 2014, the Court of Appeal dismissed Grounds 1 and 2 relating to the housing numbers in the Core Strategy (original ruling was upheld). Ground 3 related to whether the Council had considered reasonable alternatives to the use of a 7 km zone in relation to the provision of SANGS. On 9 July 2015 in response to a Court of Appeal decision, the Council has made changes to its Core Strategy Policy WCS 12 relating to Ashdown Forest. Prior to the Court of Appeal Judgement Policy WCS12 provided that any net increase in residential development between 400m and 7km would be required to mitigate its recreational impact through the provision of Suitable Alternative Natural Green Space (SANGS) and on-site visitor management measures. The reference to the 7km zone of influence and the specific mitigation identified in this policy has now been removed. However all planning applications will continue to be subject to the Habitat Regulations which protect the Ashdown Forest Special Protection Area (SPA). The rest of the Core Strategy is unaffected therefore remains intact as part of the adopted development plan for the purposes of this application.

Certain policies of the Wealden Local Plan (1998) have been 'saved' via Direction of the Secretary of State dated 25 September 2007, under the provisions of Paragraph 1(3), Schedule 8 of the Planning & Compulsory Purchase Act 2004. Annex 2 of the National Planning Policy Framework confirms that these 'saved' policies still form part of the development plan.

Under ‘saved’ policies EN1 (sustainable development) and EN27 (layout and design) of the Wealden Local Plan 1998, the Council has also formally adopted the Wealden Design Guide, November 2008, as a Supplementary Planning


Document. Some ‘saved’ policies and the design guide continue to have material weight where they are in compliance with the NPPF and CSLP (having regard to paragraph 213 of the NPPF). The Council is working on a new Local Plan. This was submitted for independent examination on the 18 January 2019. The Inspector has conducted the Examination that opened on 21 May 2019 and the final date to Stage 1 of the Hearings was held on 31st July 2019. Stage 1 of the hearings is now complete and the Inspector has indicated that she will be writing to the Council with her initial findings on the soundness of the plan very shortly. Weight can be afforded to the emerging policies, dependent upon the stage at which the Plan has reached, is in line with para 48 of the NPPF. The emerging Plan seeks to deliver full objectively assessed housing need together with sustainable expansion of employment and retail floor area in the District. The most relevant polices of the emerging plan in relation to this development proposal are WLP3, BED1, BED2 and HG10. Relevant Policies The National Planning Policy Framework (NPPF) in force from July 2018 is a material planning consideration when assessing and determining planning applications. Due regard has been had to any relevant national policy guidance, in particular paragraphs 8, 11, 47, 48, 54, 56, 59, 68 and 108 of the NPPF.

Saved Policies GD1, EN1, EN15, EN27, TR3 and TR16 of the adopted Wealden Local Plan 1998.

Policies SPO1, SPO3, SPO7, SPO12 and SPO13 and Policies WCS12 & WCS14 of the adopted Wealden Core Strategy Local Plan 2013.

Policies AF1, AF2, WLP3, WLP7, EA1, EA2, EA5, BED1, BED2 and HG10 of the emerging Wealden Local Plan 2019.

Wealden Design Guide 2008 (adopted Supplementary Planning Document), Chapters 2 & 10.

Principles of Development The application site is located inside the defined development boundary for Wadhurst within the High Weald Area of Outstanding Natural Beauty. With regard to the Environmental Impact Assessment Regulations 2017, the development proposed falls within Schedule 2 category, 10(b) - urban development project. Although the thresholds are clearly not met, the site is designated as a ‘sensitive’ area situated as it is within the High Weald Area of Outstanding Natural Beauty. Due to the nature and scale of the proposals, having regard to the scope of environmental issues relevant to the site, and with reference to the relevant screening criteria in Schedule 3 of the EIA regulations, the scheme is considered not to be EIA development.


Main Issues/Policy Issues The site is within the development boundary for Wadhurst where development is acceptable in principle, subject to meeting all relevant planning policy requirements (Saved WLP policy GD1). The site lies within the High Weald AONB. Paragraph 172 of the National Planning Policy Framework 2018 confirms that great weight should be given to conserving the landscape and scenic beauty of AONBs. Saved Policy EN6 of the Wealden Local Plan seeks not just to conserve or enhance the natural beauty of the AONB, but also its character, and has regard to traditional settlement patterns and building style. Emerging WLP Policy HG10 supports the subdivision of larger properties to allow for smaller units to meet the identified local need subject to AF1. This is subject to adequate parking and no adverse impact on the character or appearance of the original property. Paragraph 73 of the NPPF requires local authorities to identify a supply of specific deliverable sites to provide a minimum of 5 years’ worth of housing against their housing requirement set out in adopted strategic policies or against their local housing need where the strategic policies are more than 5 years old. The five-year supply of sites additionally requires a 5% buffer to ensure choice and competition in the market for land, 10% where the local planning authority wishes to demonstrate a five year of deliverable sites through an annual position statement or recently adopted plan to account for any fluctuations in the market during that year and where there has been a record of persistent under delivery of housing, local planning authorities should increase the buffer to 20%. As set out in the Authority Monitoring Report December 2018, the Council can only currently demonstrate 2.62 years supply of housing land. However, following the submission of the Wealden Local Plan and production of the associated Air Quality Mitigation Interim Tariff, the Council is now able to rapidly improve its five year land supply position. It is projected within the Authority Monitoring Report December 2018 that once relevant consents are issued (those with resolutions to grant permission, awaiting the completion of legal agreements), based on the framework set by the submission Wealden Local Plan, the Council will be able to show in excess of a 5 year supply (5.69 years). The Council will continue to update this position at regular intervals. Paragraph 11d of the NPPF advises that where there are no relevant development plan policies, or the policies which are most important for determining the applications are out of date which includes applications for housing where the local planning authority cannot demonstrate a five-year supply of deliverable housing sites, planning permission should be granted unless the application of policies in the Framework that protect areas or assets of particular importance provides a clear reason for refusing development or any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in this Framework take as a whole. With regard to the application site, the special emphasis in the presumption in favour


of granting planning permission in such circumstances (Paragraph 11) does not automatically apply because of Footnote 6 and the application of policies in the Framework under Paragraphs 175 and 177. However the shortfall in the supply of housing land is a material consideration that weighs heavily in favour of allowing the proposed development. Saved WLP Policy EN27 requires the layout and design of new development to respect the character and amenities of adjoining developments, and ensure a satisfactory environment for future occupants. Saved WLP policy TR3 requires new development to have a satisfactory means of access and not to create or perpetuate unacceptable traffic conditions and Policy TR16 relates to parking requirements.

Assessment

The issues of principle, design and impact on the neighbours have been previously reported and discussed at PCN. The application was deferred to secure alternative on site car parking arrangements. The amended plan indicates two car spaces offset to the front of the dwelling using the existing vehicular access. A new vehicular access would be created from the cul de sac to facilitate parking for two cars within the rear garden area. Although willing to provide further on site parking in the rear garden the agent has commented that the provision of an additional access off the cul de sac would compromise the existing established 'on street' parking arrangements with the loss of existing 'on street' parking spaces.

Proposed vehicular access point


Proposed vehicular access adjacent to an existing driveway

The site levels fall in a northerly direction towards the rear of the site. The site where the spaces would be provided is currently overgrown and true ground level difficult to assess. The area shown on plan is sufficient to accommodate two parking spaces measuring 2.5m x 5m.

Proposed parking area to the rear of the site

There is an existing change of level between the road and the rear garden (


that acceptable materials are used, that the gradient is acceptable and that surface water drainage is adequate to prevent water draining onto the highway. Screening of Application under Habitats Regulations 2017 (as amended) The site lies within the zone of influence of the protected areas of Ashdown Forest. In this context, these are the Special Protection Area (SPA) and the Special Area of Conservation (SAC). The SAC is sensitive to the effects of pollution associated with vehicle movements (atmospheric pollution, nitrogen deposition and deterioration of the heathland) and the SPA is affected by recreational pressure (walking, dog walking, etc. relative to disturbance of protected ground-nesting birds), mainly from residential development. The proposal is not directly connected with or necessary to the management of the Ashdown Forest SPA & SAC and therefore it is necessary to determine if the proposal has a likely significant effect on the Ashdown Forest SPA & SAC. The Council as the 'competent authority' must decide whether an 'Appropriate Assessment' is required, thus implementing Article 6(3) of the Habitats Directive (92/43/EEC). Circular 06/05 sets out stepped guidance to enable the consideration of new plans and projects, including development such as this. The assessment below is formulated upon the advice of circular guidance. The SPA (recreational impact) The site lies beyond the 7km zone where mitigation is required for recreational impacts. The SAC (air quality) Emerging WLP Policy AF2 explains at footnote 16 that “Any development that increases the traffic movements across the Forest beyond the 2014 baseline will constitute a net increase in traffic movements…”. The current position is that all development within the district that individually or in combination with other development, would increase traffic pressures cannot be permitted until necessary mitigation measures are in place. The impact of the proposed development must be considered both alone and in combination with other development plans and projects. A series of individually modest impacts may, in combination, produce a significant impact. The ‘precautionary principle’ must be adopted. To mitigate for traffic generated by ‘windfall’ residential development such as that proposed there is an allowance built into the emerging WLP. This is expanded upon in policy WLP7. The district has been subdivided into Middle Super Output Areas (MSOAs) - this site lies within Middle Super Output Area (MSOA 005NE). There is an allowance for dwellings that would be policy compliant in this area and there currently remains capacity. These windfalls are included in the Transport Model and can draw upon AF1 and the advanced mitigation in AF2. A S106 legal agreement is required to secure the tariff that will go towards a package of measures designed to ensure that there is no adverse impact on the integrity of Ashdown Forest & Lewes Downs SACs’. A planning condition can secure the site specific mitigations measures listed under parts H to K (inclusive) of the mitigation strategy.


It is concluded, for the reasons set out above, that subject to appropriate mitigation the proposed development would not adversely impact in the integrity of the protected site and it will not have a likely significant effect on the Ashdown Forest SPA and SAC either alone or in combination. An appropriate assessment to this effect is concluded with respect to the overarching Habitats Regulations Assessment for the emerging Wealden Local Plan, and Natural England would be required to be consulted upon the conclusions of the Appropriate Assessment before the planning permission is issued.

5. Conclusion

The amended plan indicates parking provision to the front and rear of the site submitted to address concerns raised by PCN. It is considered that subject to no new material concerns being received in relation to the amended plan the application should be adjourned for the preparation of a planning agreement to secure mitigation as outlined above. On completion then conditional planning permission should be granted.

6. Contact points and references Team Leader (N) Doug Moss - Tel: 01892 602509

Case Officer: Mrs S Gould , Planning Officer – Tel: 01892 602519

Ward Member: Cllr Mrs J Howell & Cllr R W Standley

Recommendation€¦ · WD/2019/0944/F - 79 QUEENS COTTAGES, WADHURST, TN5 6RN Summary of Proposal...

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