APPLICATION NO: 14/P/0191/O

6.1

APPLICATION NO: 14/P/0191/O

CASE OFFICER: Lee Bowering

 

APPLICANT: Bloor Homes South West

 

PARISH/WARD: Yatton/Yatton

WARD COUNCILLOR(S):

Cllr A J Moulin

 

Cllr A Tall

 

Cllr Mrs J R J Iles

 

TARGET DATE: 24 April 2014

SITE ADDRESS: Land off Arnolds Way, Yatton

 

LOCATION PLAN: The following plan shows the general location of the site only and is for illustrative purposes. The circle identifies the location of the site and is not a representation of the site boundaries. The site boundaries and other details submitted with the application can be viewed on the council’s website at www.n-somerset.gov.uk. This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office © Crown copyright and database rights 2014 Ordnance Survey 100023397. You are not permitted to copy, sub-license, distribute or sell any of this data to third parties in any form

 

 

 

 

1.      14/P/0191/O    Outline application for residential development of up to 150 dwellings, 0.46ha of employment land (use class B1), pedestrian/cyclepath, new accesses, landscaping, open space and all associated infrastructure with appearance, landscaping, layout and scale reserved for subsequent approval at land off Arnolds Way, Yatton

 

REFERRED BY THE DIRECTOR OF DEVELOPMENT AND ENVIRONMENT

 

Summary of recommendation

 

It is recommended that, subject to the completion of a legal agreement, the application be APPROVED subject to conditions. The full recommendation is set out at the end of this report.

 

The Site

 

The site is located alongside and to the south west of the B3133 North End Road, and to the North West of Arnolds Way and its junction with the B3133.

 

The site, which is irregular in shape, comprises mainly farmland and extends to an area of approximately 10 hectares. The boundary detail to the existing adjoining highways comprise native hedgerows, with existing hedgerows separating the three main fields which occupy the main body of the site. A number of mature trees exist within the south eastern most field with the route of the former Weston to Clevedon railway line passing through the western part of the site.

 

The Application

 

The application is submitted in outline with all matters of detail reserved for subsequent approval with the exception of means of access, which is detailed in the application submission.

 

The proposal comprises:

 

·                    The provision of up to 150 dwellings;

·                    The provision of approximately 0.5 hectares of employment land adjacent to Arnolds;

·                    The provision of a sports pitch and /or other recreational facilities;

·                    New accesses for vehicles, pedestrians and cycles;

·                    The creation of general amenity areas and open space, which include allotments, orchards and play areas;

 

·                    The development of sustainable drainage measures, including storage ponds;

·                    The off-site reconfiguration and enlargement of the existing roundabout at the Arnold’s Way junction with the B3133, North End Road;

·                    The provision of a new cycle/footpath along part of the route of the former railway line to offer connections to Kingston Seymour and Clevedon.

 

Relevant Planning History

 

Year

Reference

Proposal

 

Decision

2014

13/P/2209/EIA1

Screening opinion as to whether an environmental impact assessment is required prior to residential

Environmental Impact Assessment not required

 

1982

2995/81

Erection of Agricultural dwelling

Refused

 

 

 

 

 

Policy Framework

 

The site is affected by the following constraints:

 

Outside the settlement boundary for Yatton,

Within Aerodrome safeguarded zone,

Within Bat habitats,

South west part of site within tidal and fluvial flood zone 2, tidal flood zone 3A and part fluvial flood zone 3A & 3B.

 

The Development Plan

 

North Somerset Core Strategy (NSCS) (adopted April 2012)*

 

The following policies are particularly relevant to this proposal:

 

Policy Ref

Policy heading

 

 

 

CS1

Addressing climate change and carbon reduction

CS2

Delivering sustainable design and construction

CS3

Environmental impacts and flood risk management

CS4

Nature Conservation

CS5

Landscape and the historic environment

CS7

Planning for waste

CS9

Green infrastructure

 

CS10

Transport and movement

CS11

Parking

CS12

Achieving high quality design and place making

CS13

Scale of new housing

CS14

Distribution of new housing

CS15

Mixed and balanced communities

CS16

Affordable housing

CS19

Strategic Gaps

CS20

Supporting a successful economy

CS25

Children, young people and higher education

CS27

Sport, recreation and community facilities

CS32

Service Villages

CS34

Infrastructure delivery and Development Contributions

 

* Core Strategy - High Court Challenge

In March 2013 a judgment following a legal challenge to the Core Strategy concluded that the Inspector who undertook the examination was found to have 'failed to give adequate or intelligible reasons’ for his conclusion that the North Somerset housing requirement made sufficient allowance for latent demand i.e. demand unrelated to the creation of new jobs. Policy CS13 which relates to the housing requirement was remitted back to the Planning Inspectorate for re-examination.  In addition, Policies CS6, CS14, CS19, CS28, CS30, CS31, CS32, CS33 were also remitted on the grounds that should the housing requirement be increased, then this may have consequences for one or more of these policies.  The judge was clear that there is nothing unlawful about these policies per se and that they can still be accorded appropriate weight in decision making. All other policies remain adopted.

 

The examination of the remitted policies is currently taking place and hearings were held in respect of the overall housing requirement (Policy CS13) in March 2014.  An Inspector's letter was received on 22 April 2014 in which he considers that the housing requirement should be increased.  The Council is currently considering its response.

 

North Somerset Replacement Local Plan (NSRLP) (saved policies) (adopted March 2007)

 

Three NSRLP policies were not saved in March 2010. The Core Strategy supersedes some but not all of the remainder. It does not fully supersede the policies listed below.

 

The following policies are particularly relevant to this proposal:

 

 

Policy Ref

Policy heading

 

 

 

GDP/3

Promoting good design and sustainable construction

ECH/2

Public art

ECH/6

Archaeology

ECH/11

Protected species and their habitats

E/3

Mixed use development

E/7

Proposals for business development in the countryside

H/2

Proposed sites for new residential development incorporating target for previously developed land and phasing

H/8

Residential development in the countryside

T/6

Parking standards

T/7

Protection, development and improvement of the rights of way network and other forms of public access

T/8

Strategic cycle routes

T/10

Highway safety, traffic and the provision of infrastructure associated with development

T/11

Travel plans

T/13

Air safety

CF/1

Provision of cultural and community facilities (Developer Contributions)

CF/3

Cultural and community facilities in the countryside

 

Other material policy guidance

 

National Planning Policy Framework (NPPF) (March 2012)

 

The following is particularly relevant to this proposal:

 

Section No

Section heading

 

 

4

Promoting sustainable transport

6

Delivering a wide choice of high quality homes

7

Requiring good design

8

Promoting healthy communities

10

Meeting the challenge of climate change, flooding and coastal change

11

Conserving and enhancing the natural environment

 

Other National Policy Guidance

 

National Planning Practice Guidance (March 2014)

 

Technical Guidance to the National Planning Policy Framework (March 2012)

 

Practice Guide to Planning Policy Statement 25 (December 2009)

PPS10: Planning for Sustainable Waste Management (March 2011)

 

Emerging Development Plan

 

The Sites and Policies Plan Development Plan Document is being prepared and will replace the North Somerset Replacement Local Plan once adopted.  However, this is at an early stage in the process and currently carries limited weight.

 

Supplementary Planning Documents (SPD) and Development Plan Documents (DPD)

 

Residential Design Guide (RDG1) Section 1: Protecting living conditions of neighbours SPD (adopted January 2013)

Residential Design Guide (RDG2) Section 2: Appearance and character of house extensions and alterations (adopted April 2014)

North Somerset Parking Standards SPD (adopted November 2013)

Affordable Housing SPD (adopted November 2013)

Solar Photovoltaic (PV) Arrays SPD (adopted November 2013) (relevant only to employment proposal)

Travel Plans SPD (adopted November 2010)

North Somerset Landscape Character Assessment SPD (adopted December 2005)

Biodiversity and Trees SPD (adopted December 2005)

 

Consultations

 

Copies of representations received can be viewed on the council’s website.  This report contains summaries only.

 

Third Parties:  219 letters of objection have been received.  The principal planning points made are as follows:

 

·      Yatton infrastructure, roads, facilities already overloaded, inadequate infrastructure to support expansion of village,

·      Doctors surgery cannot cope already without further houses adding to vehicle movement and parking problems,

·      Village school at capacity and would be oversubscribed,

·       Stress on schools, doctors, dentists and other facilities including lack of sufficient car parking provision,

·      The proposal will result in out commuting for employment opportunities with increase in traffic,

·      The High Street is already very busy with traffic and quite dangerous when walking small children,

·      Proposal will increase damage to roads, which are falling apart, and result in more potholes,

·      Located on agricultural land outside settlement boundary and will result in loss of important gap between Yatton and the hamlet of North End,

·      No information on size of houses to be built,

·      Traffic survey should have been taken in summer months not in November,

·      No mention of traffic congestion in Yatton when south bound lane of M5 motorway closed, particular congestion at commuter and school times,

·      Existing sites already allocated for development within Yatton settlement,

·      Impact of development on the ecology of the area, wildlife, bats, badgers etc.,

·      By pass required for village,

·      Concern over risk of flooding and impact on surrounding area, part of site prone to flooding and impact on water table,

·      Footpath and cycle route connections claimed to be owned by others,

·      The site is in an unsustainable location, loss of village character and to far from village amenities,

·      Playing field will attract youth with the risk of anti social behavior,

·      Conflict will arise between residents of the proposed development and the large commercial vehicles which use Arnolds Way,

·      Proposal detrimental to the quality of life for those living in North End,

·      North Somerset has already earmarked developments elsewhere in order to meet its obligations regarding housing numbers,

·      Impact on existing train services which are inadequate and already packed in the mornings,

·      Impact on existing services, Broadband, water, electricity etc.,

·      Noise from existing businesses and proposed wind turbines and the resulting impact on occupiers of new development,

·      No amount of Section 106 money would be able to improve the impact that such a development would have on the village,

·      Village will become an urban sprawl,

·      Yatton is still a village and is not a town and does not have the facilities or roads to support any extension of the village,

·      Proposal if allowed will open the floodgates for further development along North End,

·      Pedestrian safety concerns at North End due to pavement width (east side) and lack of pavement along site frontage with North End Road.

 

5 letters of support have been received.  The principal planning points made are as follows:

 

·      The opportunity to purchase a new home in the village would enable me to live closer to my work,

 

·      Young people struggle to stay in the village because of the lack of properties available and if more houses are not built we will be forced to take our children out of school and move elsewhere,

·      New houses can only benefit the village and the families already living here however cars need to be stopped from parking on the main High Street creating a one way system,

·      There must be a mixture of affordable housing and larger family homes,

·      There is a lack of 'affordable' housing in Yatton for families who cannot afford to buy locally. Many of the local jobs are low skilled manufacturing, warehousing and in care and nursing homes. The people doing these jobs are increasingly unable to afford to live in the village and every morning people get off the trains and drive in to work in Yatton.

·      There is a shortage of new build properties in the region outside of Weston, not everyone wants to live in Weston and developments of new homes in the surrounding villages are essential to allow people a choice of location.

 

Yatton Parish Council: Objection - see Appendix 1 at end of report for full comments.

 

A subsequent letter to Appendix 1 has now been received from Yatton Parish Parish Council which seeks to justify a case for 106 funding towards;

 

a)         To provide a cycle/footpath to Kingston Bridge,

b)         To provide a safe crossing (pelican/footbridge) over Arnolds Way at the allotments end of the development site to allow safe movement in both directions as there have been incidents at this location in the past. i.e. adults and children from the village using the MUGA, play area and allotments and development residents heading into the village for amenities. (The provision of additional cycle racks at the station should be a consideration in the developers and NSC discussions for contribution towards the connection path from the site to the station),

c)         To create a formal crossing to the main entrance to the site including safety barriers,

d)         To provide a new bus stop lay-by/bus shelter on both sides of the road between the Arnolds Way roundabout and the Bridge Inn,

e)         To request a part of the contribution designated for off-site grass pitches in the Head of Terms 106 contributions.  This would be to complete the circular pathway around Hangstones grass pitches and install fitness stations along the pathway,

f)          To contribute to providing public toilets in Pages Court precinct,

g)         To contribute to increasing patient capacity at Yeo Vale Medical Practice.

 

 

To further endorse item g) above the Parish Council are disappointed to see there is no mention to date regarding mitigation for the impact of the development on the existing Medical Practice in the village. 

 

The Parish urges NSC to open up negotiations to find ways to ensure that the medical services are preserved.   

 

The doctor’s surgery is currently stretched, with long appointment waiting times and no scope to extend their building within the current location.  It also serves the neighbouring village of Congresbury (also a service village), should there be any additional large scale development in either one, or potentially even both villages, the surgery would find maintaining a satisfactory level of service for residents impossible.

 

Kingston Seymour Parish Council: Kingston Seymour Parish Council is OPPOSED to the proposed development. It would be contrary to planning policy CS32 and is of a far larger scale than could be permitted via a formal allocation in the Site Allocations DPD, even if it were supported by the local community, which it is not.  

 

1.      As set out in detail in the letter of objection from Yatton PC, such a development would be unsustainable and damaging to the existing community. The village lacks the services to cope with a sizeable increase of population, particularly in respect of its schools (already oversubscribed) and its GP surgery (fully stretched). Due to a lack of local employment opportunities, it would increase out-commuting and further exacerbate existing problems of traffic volume and congestion on the B3133.

 

2.      Another concern is that development of this scale in this location would significantly erode the green space between Yatton (North End) and Kingston Seymour (Kingston Bridge), compromising the character and distinctiveness of both. It is the clear intention of Policy CS19 that such "strategic gaps" should be maintained.  

 

3.      Of additional and very specific relevance to Kingston Seymour is the fact that every additional house built in Yatton reduces the available bandwidth for Broadband to this village. The vast majority of households and businesses in Kingston Seymour are served by the exchange on the far (Congresbury) side of Yatton - the distance plus the ever-increasing demands in Yatton itself mean that most of Kingston Seymour suffers from download speeds of only 1 to 1.5 Mbps and upload speeds of less than 0.5Mbps. This is far below the Government's minimum standard.  Some premises cannot get Broadband at all. This is a serious disadvantage in today's world - for children (who cannot do their homework), for businesses and for social contact generally. The evidence of the impact of poor broadband on house prices is now well documented and is of increasing concern here.

 

Kingston Seymour PC therefore gives notice that in the event of consent for the proposed development being granted it will press for a Section 106 agreement whereby the developer is required to pay for a new exchange or sub-exchange and / or the upgrading of our copper cables to fibre-optic so that residents of the parish of Kingston Seymour are not further disadvantaged. It will also seek a guarantee that Kingston's children will continue to be eligible for primary education in Yatton.”

 

A subsequent letter has now been received from the Kingston Seymour Parish Council which seeks to justify a case for 106 funding towards upgrading the broadband service within the Parish.

 

Other Comments Received:

 

Environment Agency  -

 

Letter dated 24 February 2014 - “The Environment Agency OBJECTS to the proposed development because the surface water management within the submitted Flood Risk Assessment (FRA) plan identifies the proposed attenuate to be formed within a shallow depression on the site of the proposed sports pitch which is in a low lying drained area that is likely to be liable to a high water table. On the occasion of a large flood event the sports pitch area, which is in flood zone 3, is likely to be already under water and therefore unable to receive additional surface water runoff.
 

Lowering the ground would increase the risk of keeping this area wet and therefore reducing its effectiveness as an attenuation area. It would also risk water logging the playing surface of the sports pitch in times of rainfall and prolonged wet spells
 
To remove our objection we will need to see the additional storage provided in an area of flood zone 1. This could include increasing the size of the attenuation pond currently proposed or providing additional attenuation within site ownership boundary to the north west of the proposed development.
 
If the above objection can be resolved we would propose conditions and informatives that are designed to manage surface water runoff, reduce the risk of flooding and put in place measures that protect both existing residents and future residents of the site and surrounding area.”

 

Letter dated 02 June 2014 – “Thank you for referring the additional information concerning the above proposal, which was received on 19 May 2014.

Providing the local Planning Authority (LPA) are satisfied the requirements of the Sequential Test under the National Planning Policy Framework (NPPF) are met, the Environment Agency would have no objection, in principle, to the proposed development, subject to the inclusion of conditions as recommended in this letter and the Environment Agency’s previous letter dated 24 February 2014.”

 

North Somerset Levels Internal Drainage Board  “The site is within the Board’s area. It is the Board’s responsibilities to ensure that flood risk and surface water drainage is managed effectively.

 

The details submitted in support of the application indicate a viable scheme which will however need to be developed to ensure all aspects of the infrastructure proposed is maintained for the future. Consequently the Board would not object to the application” -  subject to conditions that deal with surface and foul water disposal, off site drainage works and maintenance for the infrastructure proposed together with informatives that are designed to protect the existing watercourses and compliance with the Boards Byelaws.

 

Natural England -“The Local Planning Authority has a responsibility to undertake an appropriate assessment in accordance with Regulation 61 of the Habitats Regulations, including consultation with Natural England.

 

The North Somerset and Mendip Bas Special Area of Conservation (SAC) is notified for the presence of bats. Based on the information provided by the applicant, it does not appear that there will be a likely significant effect on SAC.

 

SPECIAL SCIENTIFIC INTEREST (SSSI)

This application is in close proximity to;

a)  King's Wood and Urchin Wood SSSI, which forms part of the North Somerset and Mendip Bats Special Area of Conservation (SAC),

b) Tickenham, Nailsea and Kenn Moors SSSI &

c)  Biddle Street SSSI

 

Natural England is satisfied that, notwithstanding the above, there is not likely to be an adverse effect on these sites as a result of the proposal being carried out in strict accordance with the details of the submitted application The respective  SSSI’s do not represent a constraint in determining this application.

 

PROTECTED SPECIES

We have not assessed this application and associated documents for impacts on protected species. You should apply our Standing Advice to this application as it is a material consideration in the determination of applications in the same way as any individual response received from Natural England following consultation.

 

 

OTHER ADVICE

We would expect the Local Planning Authority to assess and consider the other possible impacts resulting from this proposal on the following when determining this application:

 

·        local sites (biodiversity and geodiversity)

·        local landscape character

·        local or national biodiversity priority habitats and species.

 

Natural England does not hold locally specific information relating to the above which remain material considerations in the determination of the application.”

 

BIODIVERSITY ENHANCEMENTS

 

This application may provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes. The authority should consider securing measures to enhance the biodiversity of the site from the applicant, if it is minded to grant permission for this application. This is in accordance with Paragraph 118 of the NPPF.”

 

Wales & West Utilities - Has no objection in principle.

 

Highways Agency – “The Highways Agency is content that the proposals will not have any detrimental effect on the Strategic Road Network.”

 

Avon & Somerset Constabulary - A development of this size in this rural area will impact on police resources. Yatton has suffered hotspots of anti-social behaviour and has been targeted by burglars recently. Liaison with the Beat manager for the area highlighted current issues and demands.

 

Issues regarding noise, pollution and parking of large commercial vehicles have been brought to the attention of the Police concerning a remote housing area next to the commercial area on Arnolds Way,.  Various Police operations have been run to solve the vehicular issues and the Yatton Partners and Communities Together (PACT) are also working with NSC officers to resolve issues.

 

Placing houses and communities directly next to commercial premises of this nature, is clearly having a long term effect on the residents but also on Police and Council resources.  Issues such as these should be carefully considered and “designed out” through the planning stage before impacting on already pressed resources.’

 

Initial comments regarding the proposal

          Ideally access points should be kept to a minimum to frustrate the escape   desire of the criminal.

          Networks of separate footpaths to unsupervised areas facilitate crime and anti-social behavior and should also be avoided.

          Footpaths are potential escape routes for offenders seeking a secluded escape.

          Criminals should not be allowed legitimate access to the rear or side boundaries of dwellings.

          Open spaces should be subject to surveillance and have clearly defined boundaries and sited so local residents do not suffer possible noise pollution or are adversely affected.

          The Community sports pitch, car park, orchard & allotments situated west of Strawberry Line - there is little opportunity for natural surveillance when the sports facility is not in use. These facilities would benefit from better natural surveillance

          Restricted access into the allotment car park and the proposed employment area should be considered”

 

Principal Planning Issues

 

The principal planning issues in this case are (1) The principle of development in this location, (2) The Highway, access and parking considerations, (3) The surface water drainage and flood risk considerations, (4) The mix and type of development proposed, (5) The impact of the proposals upon the site ecology and surrounding area, (6) The boundary and landscape considerations, (7) The Section 106 requirements, (8) Other Matters (Third party concerns, Environmental Impact, Crime and Energy).

 

Issue 1: The principle of development in this location

 

POLICIES CS32 and CS13

 

The application site is outside of the settlement boundary of Yatton but adjacent to the settlement, and not supported by a plan allocation and therefore does not comply with Policy CS32 of the North Somerset Core Strategy.  In these locations Policy CS32 intends to secure plan-led development that is small-scale, demonstrates clear local benefits and is supported by the local community.  The policy accordingly requires that such developments are brought forward through the plan-led system supported by a land use allocation.  The proposal contravenes these fundamental parts of the policy and in this respect approval of the proposal would not be in conformity with Policy CS32. 

 

However the overall Core Strategy housing requirement contained in policy CS13 has been remitted back to the Planning Inspectorate for re-examination along with other policies, including CS32, which may be affected if the housing target was to increase.

 

The Judge when remitting policy CS32 suggested that it should still carry ‘appropriate’ weight in decision making but it does not currently have Development Plan status.  This inevitably creates some uncertainty as to the level of weight a decision maker should attach to it.

 

To date, as part of the re-examination process of CS13, the Inspector has indicated that the quantum of housing for North Somerset over the plan period should be increased though it is not yet confirmed what the overall figure will be.  This may or may not eventually have implications for policy CS32 depending on where the Council decides to accommodate any additional dwellings.  This position does not fundamentally change the policy conflict identified with CS32 but does have important implications for the application of Policy CS32 (further detail below), and the 5 year housing land supply.

 

PLAN MAKING PROCESS

 

Unrelated to this application, the site has previously been considered for its potential to accommodate residential development as part of the North Somerset Strategic Housing Land Availability Assessment (SHLAA).  These studies are not plans, do not allocate sites nor create policy but are a part of the evidence base to inform plan making, identifying potential residential site opportunities to be considered through the plan making process.  Such sites will not be subject to key constraints such as Green Belt, or other significant designations and will be in conformity with the spatial strategy.

 

As part of the SHLAA process, the application site is one of a number of sites put forward by landowners/ developers to be assessed through the 2013 SHLAA.  It is identified as ‘Identified Potential’ as given its location adjacent to a Service Village, it has the potential to come forward in accordance with Policy CS32.  The SHLAA therefore indicates from a purely technical basis that the site could be suitable for residential development and could be considered further in the plan making process.

 

5 YEAR SUPPLY OF DELIVERABLE HOUSING SITES

 

The review of CS13 has created uncertainty in terms of the overall dwelling figure.  It also has a direct impact on the Council’s ability to identify a 5 year supply of deliverable sites for housing in this interim period before a revised dwelling figure is established.  The Inspector’s conclusion that the North Somerset housing target should be increased means that, given the current absence of a 5 year supply of deliverable housing sites the National Planning Policy Framework advises that,

 

Housing applications should be considered in the context of the presumption in favour of sustainable development. 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."

 

Ahead of an overall dwelling figure being resolved and a corresponding 5 year supply being identified, CS32 cannot be considered to be up to date.

 

In these circumstances the NPPF advises Local Planning Authorities to, “grant permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits…”  (Paragraph 14).

 

It is therefore considered that whilst the proposal does not comply with policy CS32 there are however wider material issues that should be carefully considered in determining the proposal. The weight attached to policy CS32 by any decision maker is arguably weakened both as result of the CS13 re-examination and the need to accommodate additional housing, and the current absence of a 5 year supply of deliverable housing sites.  It could be argued that pending the wider review of dwelling numbers, Policy CS32 is out-of-date.

 

Therefore whilst the proposal is not in conformity with CS32, its status in decision making is currently significantly reduced, and it is necessary to consider whether there are wider adverse impacts that should lead to a decision to refuse permission.

 

Issue 2: The highway, access and parking considerations

 

The B3133 North End Road is a B-class highway subject to a 40mph limit in the environs of the application site. Arnold’s Way is an unclassified Class 4 highway subject to a 30mph limit.

 

PARKING

 

The Applicant’s submitted Transport Assessment (TA) makes reference to the Council’s Parking Standards SPD, however this is an issue that would be dealt with under a subsequent reserved matters submission should the outline principle of development on this site be acceptable.

 

HIGHWAY CONSIDERATIONS

 

Traffic generation

 

The TA uses the TRICS database to forecast the number of new trips which might result from the proposed development. The TRICS database parameters and methodology used to do this is considered acceptable.

The TA predicts that the whole quantum of the proposed development would generate an additional 133 and 134 two-way vehicle movements during the morning and evening peak periods respectively. Of the 133 trips of the morning peak, 87 would be from the residential development and 46 from the employment site. Of the 134 trips in the evening peak, 95 would be residential and 39 would be employment-based.

 

Traffic distribution

 

The applicant has used traffic count data collected in 2013 on which to base the traffic distribution calculations. The base traffic data has been factored-up to forecast the future traffic conditions in 2014 and 2019. The calculations also incorporate the additional forecast traffic associated with nearby committed development at the Smart Systems site on Arnold’s Way. The distribution of the forecast development traffic on to the highway network has been calculated in accordance with the proportions of the base traffic data. This methodology is acceptable to the highway authority.

 

Morning peak:

During the morning peak hour, based on the existing distribution of traffic, the 133 additional trips will be distributed as follows:

·        58 additional trips on the south-eastern part of North End Road through Yatton;

·        74 additional trips on the north-western part of North End Road through North End.

 

Based on the forecast 2014 flows this equates to a 5.8% increase in traffic using Yatton High Street, and on the forecast 2019 flows it equates to a 5.3% increase.

 

Evening peak:

During the evening peak hour, based on the existing distribution of traffic, the proposed development’s additional 134 trips will be distributed thus:

·        59 additional trips on the south-eastern part of North End Road through Yatton;

·        76 additional trips on the north-western part of North End Road through North End.

 

Based on the forecast 2014 flows this equates to a 6.1% increase in traffic using Yatton High Street, and on the forecast 2019 flows it equates to a 5.6% increase.

 

Yatton High Street is a sensitive part of the highway network which experiences high levels of through-traffic, and is prone to traffic queues and delays. The impact of this additional traffic on the already sensitive High Street is likely to be disproportionately large. This will be discussed in further detail below.

 

ACCESS

 

Access is not reserved for subsequent approval and is therefore a matter for consideration within this outline application.

 

The primary vehicular access to the residential development is to be via an additional arm from the existing roundabout junction of Arnold’s Way and the B3133 North End Road. A secondary access is proposed off Arnold’s Way in the form of a priority junction which will serve the employment site and the allotments/sports pitches, and will also provide an emergency access to the residential development.

 

Primary Access – Arnold’s Way Roundabout:

The plans incorporate significant modification of the existing roundabout. The proposed fourth arm is to be added on the west side of the roundabout, to provide access into the residential part of the proposed development.

 

A Stage 1 Road Safety Audit (RSA) of the proposed roundabout junction has been undertaken, and the plans have been amended in accordance with the majority of the recommendations of the audit. The amended drawing numbered SK06 B, dated 21.02.14, meets with the standards set out in the Design Manual for Roads and Bridges (DMRB).

 

The RSA paragraph 2.5 highlights a problem relating to the darkness of the unlit shared-use footway / cycleway on the east side of the roundabout. It recommends that this area should be illuminated to reduce the risk of collisions with the increase in user numbers associated with the development. The designer’s response rejects this recommendation, but in the interest of providing an attractive, safe alternative to car travel which will help to mitigate the traffic impact of the proposed development, the highway authority requires the developer to provide illumination as recommended by the RSA. This can be secured through Section 106 agreement.

 

The applicant has tested the impact of both their development traffic, and committed development on the roundabout for a future horizon of 2019.  From these, it is considered that the addition of a new arm on this roundabout, and the increase of traffic from the proposed development will not adversely affect the operation of this roundabout. In the morning peak, the junction is expected to operate with a worst case of 0.37 ratio of flow to capacity (RFC) which demonstrates the junction will operate adequately. Correspondingly queuing is negligible. Furthermore in the PM peak the junction is expected to operate with a worst case of 0.40RFC, again demonstrating the junction will operate adequately.

 

The proposed junction improvement works should be conditioned.

 

Priority junction with Arnold’s Way

 

In addition to the primary access proposed, a secondary simple priority access is proposed, taken from Arnolds Way measuring 5.5metres in width. It is proposed to serve the employment and community uses as well as secondary access to the residential units in the case of emergency. As this is an outline only application, the specifics of how this access road will link in with the wider housing units has not been provided; however the junction design itself has been considered as means of access into the site is not reserved for later approval.

 

Proposed visibility of 43metres at the proposed junction can be achieved in either direction, and is appropriate to serve the employment elements of the development. Given the amount of traffic predicted to use this junction, and the traffic characteristics of Arnolds Way it is concluded that this junction will operate within theoretical capacity.

 

The access should be conditioned to be provided prior to first occupation.

 

WALKING AND CYCLING

 

The Transport assessment predicts that the development will generate 372 pedestrian and cycling trips daily from the development site in the opening year, rising subsequently following the targets laid out within the Travel Plan. In view of this, and known constraints in pedestrian facilities around the development site, officers requested the applicant to complete a non-motorised user audit (NMU). The submitted NMU has informed the recommendation for relevant works and Section 106 contributions as a result of the development proposal. 

 

PUBLIC TRANSPORT

 

Existing bus stops are located on North End Road (North End Farm), as well as stops at North End Roundabout. These stops are served by the 1, 78 and X5 services. In addition, First Bus’s A2 service from Yatton Railway station is within walking distance of the site.

 

It is considered that improvements to the existing bus service, and bus stops, and provision of  ‘taster tickets’ for each dwelling should be secured through developer contributions under a section 106 agreement. This will encourage travel by sustainable modes, and reduce the reliance on private vehicles.

 

DEVELOPMENT IMPACT

 

As stated above, the development is predicted to increase the level of traffic through the centre of Yatton by 5.8% in the morning peak, and 6.1% in the evening peak. The level of additional traffic can be considered material given the constrained nature of the highways in the location of the site. Mitigation measures should therefore be sought through the Section 106.

This additional traffic and transport activity will be concentrated on the local highway network in the centre of Yatton including North End Road and High Street. There are existing pinch points and conflicts on this section of highway, compounded by demand for on-street parking in the area and proximity of key destinations and junctions. Highways have therefore requested a contribution to be provided to address congestion within the centre of Yatton, and it has been agreed that these will primarily focus on improvements to pedestrian and cycle routes as well as other sustainable transport improvements. In addition to this, the NMU audit identified barriers to sustainable travel around the development site, of which the lack of pedestrian facilities on the south of Arnolds Way was deemed a critical issue. A contribution is therefore sought for improvements here.

 

In order to mitigate the impact of the additional vehicular traffic associated with the proposed development, developer funding towards a cycle/pedestrian link between the development site and the Strawberry Line at Yatton train station as a way of promoting non-car travel within Yatton (and further afield) is sought. The applicant predicts an increase of 370 pedestrian and cycle movements a day, and it is considered that improvements are required to the infrastructure to support this level of additional demand. This will be sought through S106 agreement.

 

It is concluded that whilst there are a variety of transport issues arising from the application these can be addresses through a Section 106 agreement incorporating contributions and delivery of works alongside the implementation of conditions imposed.

 

Issue 3: The surface water drainage and flood risk considerations

 

DRAINAGE

 

The north and eastern parts of the site lie within Flood Zone 1 which is within the area upon which it is proposed to develop the site with housing. There is therefore no perceived risk of flooding from either fluvial or tidal flooding within this part of the site.

 

The south west corners of site fall within Flood Zone 3A with a small part of the proposed employment site, which is located within the south eastern corner falling within Flood Zone 2. The submitted Flood Risk Assessment and the supporting documentation refers to these flood risk designations and puts in place the necessary mitigation by acknowledging the requirement to provide a minimum floor level for any building or buildings erected within the area of the proposed employment site. The proposed allotments and recreational area are uses which are acceptable within the Flood Zone 3A area.

 

The Environment Agency has considered the proposal and following the submission of further drainage detail has removed their earlier objection. There lifting of the objection recognises the need to satisfy the sequential and exceptions test whilst also recommending a number of drainage conditions and informatives which are referred to within this report recommendation. The recommended drainage conditions also incorporate the requirements identified by the Council’s Drainage Engineer and the North Somerset Levels Internal Drainage Board.

 

The site can therefore be serviced with the necessary foul and surface water drainage requirements which will be the subject of further consultation and agreement at the Reserved Matters application stage.

 

SEQUENTIAL AND EXCEPTIONS TEST

 

Sequential Test

 

The necessary Sequential and Exceptions Test has been carried out and Officers agree with the conclusions reached in respect of both tests that are a requirement of paragraphs 16 and 17 of PPS 25.  The Sequential Test demonstrates that no alternative sites within Yatton exist for the scale of development proposed. Sequentially there is however a degree of uncertainty regarding the timescale for the development of the other allocated and windfall sites in Yatton which may or may not come forward in the foreseeable future.  In assessing the sequential test the policy issues referred to at Issue I have been a deciding factor.

 

Exceptions Test

 

The Exception Test requires:

 

a).     It must be demonstrated that the development provides wider sustainability benefits to the community that outweigh flood risk, informed by a SFRA where one has been prepared. If the DPD has reached the ‘submission stage’, the benefits of the development should contribute to the Core Strategy’s Sustainability Appraisal;

 

b).     the development should be on developable, previously developed land or, if it is not on previously developed land, that there are no reasonable alternative sites on developable previously developed land;

 

c).     a Flood Risk Assessment (FRA) must demonstrate that the development will be safe without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall.

 

It is concluded that in considering, the Exception Test, the sustainability contributions offered by the proposal includes:

 

-                       Helping meet housing needs albeit that the proposed residential part of the scheme is not subjected to the sequential and exceptions test,

-                       an integration with surrounding areas by providing a network of clearly defined, well-used public spaces;

-                       adding to the range of dwelling types and tenure;

-                       providing a mixed community; and

-                       a development with access to public transport and located in walking / cycling distance.

 

It is considered that the Sequential and Exceptions Test have been satisfied.

 

Issue 4:  The mix and type of development proposed

 

The submitted design and access statement makes reference to the existing residential mix, scale and character of development which exists in Yatton and identifies a likely pallete of external materials and finishes which the proposed development would consist of, namely; brick, reconstructed stone and render  

 

The built form of the proposed development is likely to vary from predominantly two storeys with some two and a half storey height units and some three storey height units. The proposal to incorporate three storey units is however likely to be a sensitive issue within this rural edge of Yatton village. It is therefore considered that full three storey height of dwellings on this site should, in the first instance, be resisted unless the developer can justify a layout and built form that sits comfortably within the locational context of the sites open characteristics. The appropriate condition, which places a restriction on the height of the proposed dwellings, unless otherwise agreed, is therefore recommended.

 

The residential housing density of the proposed development comprises an average of 35 dwellings per hectare which equates to approximately 150 dwellings on the 4.5 hectares of land which has been identified in the submission for residential housing needs.

 

The developer intends to comply with the Council’s 30% on site affordable housing provision which will consist of a mix of house types / tenure as generally set out in the Council’s Affordable Housing SPD.

 

It is considered that the provision of on-site recreational facilities and the proposed area allocated for allotment use purposes will provide the foundation for a socially acceptable form of housing development that, together with the extension of the proposed Strawberry Line and the on-site employment opportunities will provide a sense of place. It is considered however that the total number of units on the site should not exceed the ‘up to’ 150 dwellings as proposed in the application submission. Further dwellings in excess of this figure would in your officers considered opinion restrict the design opportunities and result in less areas of open space and an overdevelopment of the site. A condition restricting the maximum number of dwellings to 150 is therefore recommended.

 

Overall, the submitted design and access statement is considered to be a sound document that comprehensively sets out the intended form and guiding principles for the development of the site. It is considered therefore that the design and access statement will ultimately inform the reserved matters application submission should this outline application proposal be approved.

 

Issue 5: The impact of the proposals upon the site ecology and surrounding area

 

The site is located within the five km protection zone for the North Somerset and Mendip Bats Special Area of Conservation. The site proposal has therefore been the subject of an Extended Phase 1 Habitat survey, the findings of which have not revealed any insurmountable wildlife or other ecological issues which cannot be subsequently dealt with by the applicant/developer in response to recommended conditions imposed when coming forward with the detailed Reserved Matters planning application submission. 

 

The necessary Habitats Regulations Assessment has been forwarded to Natural England who, as required by the Wildlife and Countryside Act 1981 (as amended), accepts the findings of the assessment which concludes that the development will not have any likelihood of significant effects under the regulation requirements.

 

It is considered that the conditions recommended will protect the sites wildlife and ecology interests as currently provided by the site itself and surrounding area.

 

Issue 6: The boundary and landscape considerations

 

The applicant has provided an indicative and layout which shows the retention and provision of green spaces across the site where there are existing mature trees and the protection zone of the high pressure gas main which crosses the site.

 

Further landscape details will evolve at the design stage, which will be further informed by the existing landscape features and the proposed road and housing layout within the site. The submission of landscape detail is however reserved for subsequent Reserved Matters approval under this outline application submission.  The appropriate conditions are referred to in the report recommendation.

Issue 7: The Section 106 requirements

 

HEADS OF TERMS

 

The following Heads of Terms have been agreed with services and endorsed by North Somerset Council’s Infrastructure and Investment Board:

 

·                    £224,900 towards sustainable transport and road safety improvements, plus developer delivery of 720m Strawberry Line within site (or additional financial contribution if non-deliverable).

·                    On-site provision of children’s play area and MUGA (commuted sums payable if adopted).

·                    Financial contributions to improve capacity of existing off-site community facilities: Yatton library service (£74,256); playing pitches (£40,000); community halls (£30,000).

·                    Provision of a pre-school building on a commercial basis; financial safeguard of £200,000 if this cannot be delivered commercially.

·                    In the event that further residential applications come forward on this site or in other agreed locations within the area, provision of a suitable plot for a primary school on land within the control of Bloor Homes, or alternatively a financial contribution to the purchase of land elsewhere.

·                    £150,000 secondary school transport costs; £210,000 primary school transport costs, to be held in a reserve fund and released if required.

·                    Commuted sum for the maintenance of any adopted green infrastructure (estimated £16,825 but cannot be finalized until Reserved Matters applications submitted).

·                    30% affordable housing at nil public subsidy, subject to viability.

 

The applicant has indicated that they are minded to accept the above terms. All S106 contributions will be subject to detailed drafting negotiation, agreement of phased payments where appropriate, evidence of proper expenditure and suitable claw-back clause if the money is not spent within a reasonable period of signing the S106. Should the recommendation of approval be supported it is recommended that the Committee delegates authority to the Chair of the Committee to agree in consultation with Local Members any amendments that emerge during the final negotiation and drafting process.

 

In relation to primary school places, it is hoped that pupils from this development will be able to attend a local school. During the peak period of demand it is possible that the increased number of pupils generated from this development could have a negative impact on the ability to maintain parental choice in this and the wider Yatton and Kingston Seymour area. It is also possible that at the peak of demand from the development children from this and other areas within and around Yatton could need to travel to other schools with vacancies. This could be a considerable distance from their home address.  

In the event that further residential development within Yatton takes place over the next few years in combination with this site, it is highly probable that additional school places would be needed through the provision of a new school. For this reason, the proposed Heads of Terms include land for a new school to be transferred to the Council if other new developments come forward, plus contributions for transport if required. These issues were considered by North Somerset Council’s Infrastructure and Investment Board on 23rd June and whilst some risks were acknowledged, on balance the proposals were considered to be an acceptable package of measures in response to expected educational need.

           

Members’ attention is drawn to the case of a similar development proposal which was refused and taken to Appeal in Malmesbury in March 2012. In this particular case it was the Planning Inspector’s view that the current absence of any solution to the existing primary school capacity problem is not reason enough to refuse planning permission for the development proposed. 

 

The inspector went on to state;

 

“The implications of that approach would be that all new residential development of any significance could be prevented by the consequential demand for places at local schools, irrespective of how desperate the need for more housing may be.

 

The Council has a duty to provide sufficient quantities of housing, and a duty to provide the population of its area with sufficient school places.”

 

This is one of number of very sensitive issues but officers have been made aware of a similar development proposal that has recently been determined at appeal, where the Inspector was unequivocal in his or her view that Councils have a duty both to provide sufficient housing and school places within its area and that the lack of school places should not be used as a reason to resist further housing development.

 

PARISH COUNCIL – SECTION 106 REQUESTS

 

Kingston Seymour

The concern expressed by the Parish Council regarding the sub standard Broadband service, which residents of the village and Parish of Kingston Seymour experience, is an existing problem and not one which the proposed development can be justifiably asked to resolve by making a Section 106 contribution or by carrying out off site works.

 

It is understood that until the exchange and any cabinets serving local communities are upgraded it is unlikely that service will be improved. Indeed it is the whole system that supports the broadband / superfast broadband that needs improving and it is not just a case of adding a fibre optic cable to one end of the system which locally comprises old technology and is thus technically incapable of receiving a new fibre cable connection . 

 

It is possible that Kingston Seymour and surrounding area will be picked up in the BDUK Rural Programme, but until the survey works start later this year, it is not possible to confirm the extent of the upgrade and where it will be. The Broadband upgrades are however planned to be completed by December 2017. In the meantime officers are unable to evidence claims that the proposed development will worsen the present Broadband Service to Kingston Seymour. Equally the additional houses proposed may receive the support of superfast broadband as a result of the forthcoming survey work, which in turn may be part of an improvement programme that could benefit existing and future broadband users in the locality, including Kingston Seymour.

 

Yatton Parish Council

 

Yatton Parish Council has requested a number of Section 106 obligations:

 

·        To provide a cycle/footpath to Kingston Bridge: the Section 106 Heads of Terms include the provision by the developer of 720m of cycle/footpath along the route of the former railway. This would provide a link between Arnold’s Way and the lanes of Kingston Seymour as requested by the Parish Council. In addition, the Heads of Terms include a contribution to improving the links between the site and the station, potentially through a further Strawberry Line extension. These are seen as potentially significant benefits arising from the development and in future could tie in with the coastal route to Weston.

 

·        To provide a safe crossing (pelican/footbridge) over Arnolds Way at the allotments end of the development site to allow safe movement in both directions: please see Highways issues above. The applicant has completed road safety measures and the identified improvements required as a result of this development will be made.

 

·        The provision of additional cycle racks at the station: these have not been identified as a specific item to be included within the Section 106 Heads of Terms, however it is possible that some of the funding for sustainable transport could potentially be used for this purpose, if it is agreed to be a priority.

 

·        To create a formal crossing to the main entrance to the site including safety barriers: please see section on Highways matters above.

 

·        To provide a new bus stop lay-by/bus shelter on both sides of the road between the Arnolds Way roundabout and the Bridge Inn: please see section on Highways Matters above. The sustainable transport contribution identified in the Heads of Terms includes £75,000 for improvements to bus services and £25,000 for bus stop improvements.

 

·        To request a part of the contribution designated for off-site grass pitches in the Head of Terms 106 contributions: This would be to complete the circular pathway around Hangstones grass pitches and install fitness stations along the pathway: the specific use of the contribution for playing pitches has not yet been agreed and will be subject to further discussion. Officers would like to involve the Parish Council in these discussions; however it should be noted that S106 contributions cannot be used to resolve existing problems and it is possible that this request falls into that category.

 

·        To contribute to providing public toilets in Pages Court precinct: the detail of the Parish Council’s request suggests that this relates to an existing problem and unfortunately development contributions cannot be used to resolve such issues.

 

·        To contribute to increasing patient capacity at Yeo Vale Medical Practice: the Parish Council has expressed concerns about the impact of this development on the Medical Practice, which they report is already over-subscribed.  Developments cannot be required to resolve existing problems, even where they contribute to a ‘tipping point’. Recent submissions by NHS England in relation to the Weston Villages developments quote a standard of requiring 1 new GP per 1,700 new patients; in the view of officers it is highly unlikely that this figure will be reached from this development. It is agreed by officers that further work on health capacity across the area should be carried out as part of the forthcoming Development Contributions SPD in order that contributions can be sought from future developments if required.

 

Issue 8: Other Matters – (Third party concerns, Underground constraints, Crime and Energy)

 

THIRD PARTY

The representations received have been numerous and varied in their content. Many of the objections received have however cited that Yatton has inadequate infrastructure to accommodate the proposed development; that the village school is at capacity as indeed is the doctor’s surgery; increase in vehicle numbers passing through the village adding to congestion; the site being located outside the existing settlement boundary and the risk of flooding.

 

These issues and other relevant issues associated with the development proposal have been given careful consideration by Officers and the external consultees in reaching the report recommendation. Indeed many of the conditions recommended have been so worded in response to the third party concerns and consultation responses received.

 

ENVIRONMENTAL IMPACT

The relevant conditions have been imposed to protect and mitigate the risk to the future residents of the development from contamination, pollution, noise, flooding and lighting concerns. The submission of full details at the reserved matters stage will address further these issues.

 

EXISTING UNDERGROUND SERVICES

The existing high pressure gas main that passes beneath the site will be protected within the siting and layout of the proposed dwellings. The protection zone to either side of the site will provide a green space and visual interest that will have the potential of enhancing the site features and wildlife habitats.

 

CRIME

The comments which have been received from the Avon & Somerset Constabulary will inform the design detailing of the proposed housing layout. Matters of detail and the issues raised will be the subject of further discussions between the relevant parties at the pre application reserved matters stage.

 

ENERGY  

The relevant conditions are imposed which include reference to the delivery of 15% on site renewables.

 

All other matters raised by the consultees have been taken into account, but none is of such significance so as to outweigh the considerations that led the recommendation below.

 

Natural Environment and Rural Communities (NERC) Act 2006

 

The proposed development will not have a material detrimental impact upon bio-diversity subject to the receipt of satisfactory plans under the Reserved Matters submission and to the implementation and compliance of the conditions recommended.

 

The Crime and Disorder Act 1998

 

The proposed development will not have a material detrimental impact upon crime and disorder subject to the receipt of satisfactory plans under the Reserved Matters submission and to the implementation and compliance of the conditions recommended.

Local Financial Considerations

 

The Localism Act 2011 amended section 70 of the Town and Country Planning Act 1990 so that local financial considerations are now a material consideration in the determination of planning applications.   This development is expected to generate New Homes Bonus contributions for the authority. However, it is considered that the development plan and other material considerations, as set out elsewhere in this report, continue to be the matters that carry greatest weight in the determination of this application

 

Conclusion

 

The National Planning Policy Framework requires that applications be determined in accordance with the development plan  unless material considerations indicate otherwise” .The Inspector’s letter of 22nnd April on the Core Strategy has clearly placed the Council in a difficult position. A decision must be made on this application and it is evident from the analysis above that whilst the proposed development would undoubtedly create impacts on a range of elements of social and physical infrastructure in Yatton, these can largely be addressed with the comprehensive package of s106 requirements that have been negotiated in principle with the developer, following extensive and detailed dialogue with all service providers.

 

The site has already been identified as having potential from a purely technical perspective and this is documented, although it has never been allocated for development.

 

It is also the view of officers that whilst the site is not currently an allocated one, there are not significant objections on planning grounds to the planning application.  Ahead of an overall dwelling figure being resolved and a corresponding 5 year supply being identified, it is difficult to argue that CS32 is up-to-date. In these circumstances the NPPF advice to Local Planning Authorities to, “grant permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits…”  (Paragraph 14) appears to give a strong lead to the Council on what its direction should be on the application. Officers have accordingly considered whether there are adverse impacts arising from granting permission that would significantly and demonstrably outweigh the benefits to the Council and the wider community that will arise from provision of more housing.

 

In principle development in this location is therefore considered to be acceptable.

 

Officers consider there are material issues that will arise in respect of the additional strain the development will place on transport infrastructure in the village, whilst being careful not to be drawn into attempting to resolve existing problems which would fail the legal tests for s106 agreements. It is concluded that with the s106 terms that have been negotiated these concerns can be addressed to the extent that they would not justify a refusal.

 

 The surface water drainage and flood risk considerations can also be addressed in the view of the Environment Agency and the impacts on ecology and landscape are ones that can be addressed through the reserved matters and appropriate conditions, Similarly, matters such as energy conservation and crime and security can be dealt with through the detailed layouts and conditions or clauses within an agreement.

 

There are extensive concerns that have been raised by the Parish Council and the neighbouring one at Kingston Seymour and local residents who have replied in large numbers. Notwithstanding this, officers have concluded that many of these relate to matters where objections cannot be sustained with evidence, others to existing problems, which the Council cannot seek to address through this application and matters which have also been identified by officers as critical but which can be addressed through the proposed s106 agreement and planning conditions. There remain many matters that will require future detailed discussion and consultation with service providers, local members and other local interests

 

It is well understood that this is a difficult and important decision for the Council and for the local community. However the Council must consider its obligations to provide sufficient quantities of housing, at the same time as providing the population of its area with e.g. sufficient school places. On this basis and taking account of the many material considerations to be weighed in the overall planning balance it is recommended that this application be approved.

 

RECOMMENDATION: Subject to the completion of a legal agreement securing (a) £224,900 towards sustainable transport and road safety improvements, plus developer delivery of 720m Strawberry Line within site (or additional financial contribution if non-deliverable); (b) On-site provision of children’s play area and MUGA (commuted sums payable if adopted); (c) Financial contributions to improve capacity of existing off-site community facilities: Yatton library service (£74,256); playing pitches (£40,000); community halls (£30,000); (d) Provision of a pre-school building on a commercial basis with financial safeguard of £200,000 if this cannot be delivered commercially; (e) In the event that further residential applications come forward on this site or in other agreed locations within the area, provision of a suitable plot for a primary school on land within the control of Bloor Homes, or alternatively a financial contribution to the purchase of land elsewhere; (f) £150,000 secondary school transport costs; £210,000 primary school transport costs, to be held in a reserve fund and released if required; (g) Commuted sums for the maintenance of any adopted infrastructure; (h) 30% affordable housing at nil public subsidy, subject to viability,(i) that the Chairman of P&R be given delegated authority to agree any amendments to the heads of terms and planning conditions in discussion with Officer’s, the application be APPROVED (for the reasons stated in the report above) subject to the following conditions:

 

 

TIME LIMITS / RESERVED MATTERS DETAIL REQUIRED

 

1.       

Before any work is commenced, details of the design and external appearance of the building(s), the landscaping of the site (hereinafter called the reserved matters shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason:  The application was submitted as an outline application in accordance with the provisions of Article 3 of the Town and Country Planning (General Development Procedure) Order 1995 (as amended)

 

2.       

Before any work is commenced, a plan showing the proposed layout of the land (scale not less that 1:1250) shall be submitted to and approved in writing by the Local Planning Authority.

 

Reason:  In accordance with the provisions of section 92 of the Town and Country Planning Act 1990.

 

3.       

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiry of three years from the date of this permission.

 

Reason:  In accordance with the provisions of section 92 of the Town and Country Planning Act 1990.

4.       

The development hereby permitted shall be begun either before the expiry of five years from the date of this permission, or before the expiry of two years from the date of approval of the last of the reserved matters to approved, whichever is the later.

 

Reason:  In accordance with the provisions of section 92 of the Town and Country Planning Act 1990.

 

 

APPROVED PLANS

 

5.       

The development hereby permitted shall, unless otherwise subsequently agreed by the Local Planning Authority in writing, be carried out in accordance with the following supporting documents and approved plans: [To be referred to in the decision letter]

 

Reason: In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.

 

 

DRAINAGE & FLOOD RISK MITIGATION

6.       

No residential development or surface water attenuation features shall be sited within Flood Zone 3. The employment buildings should be located outside of Flood Zone 3b. 

 

Reason:  To reduce the risk of flooding to the proposed development and future occupants and in accordance with policy CS3 of the North Somerset Core Strategy.

 

7.       

No development shall commence until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the Local Planning Authority (LPA). The submitted scheme, which shall include a programme of implementation, shall subsequently be implemented in accordance with the approved details before the development is completed.
 
Reason:  To prevent flooding by ensuring the satisfactory storage of/disposal of surface water from the site and in accordance with policy CS3 of the North Somerset Core Strategy.

 

8.       

Any outflow from the site must be limited to Greenfield run-off rates and discharged incrementally for all return periods up to and including the 1 in 100 year storm.


Reason:  To prevent flooding by ensuring the satisfactory storage of and disposal of surface water from the site and in accordance with policy CS3 of the North Somerset Core Strategy.

 

9.       

No development approved by this permission shall commence until such time as a flood warning and evacuation plan has been submitted to, and approved in writing by, the Local Planning Authority.

 

Reason: To ensure safe access and egress to and from the site and in accordance with policy CS3 of the North Somerset Core Strategy.

 

10.  

No development shall commence on site until surface and foul water disposal details, including any off-site work and the use of appropriate infiltration techniques and details of any phasing, have been submitted to and approved by the Local Planning Authority in consultation with the North Somerset Levels Internal Drainage Board. All necessary consents shall be obtained from all the relevant authorities regarding discharge and land drainage consents prior to works commencing on site.

 

Reason: The current information available with the application is insufficient to demonstrate how the proposed work will be maintained in the future and additional surface water runoff and foul effluent generated by this development will need to be controlled in a manner that does not increase flood risk or pollution elsewhere. This is in accordance with the principles set out in Section 103 of the National Planning Policy Framework and Section 2 of the Technical Guidance to the National Planning Policy Framework and to prevent pollution of the water environment and in accordance with policy CS3 of the North Somerset Core Strategy.

 

11.  

The proposed and agreed infrastructure to serve the development should be supported by an Operational and Maintenance Manual to be submitted to and be approved by the Local Planning Authority in consultation with the North Somerset Levels Internal Drainage Board which sets out and confirms all aspects of the required maintenance for the infrastructure proposed.

 

Reason: To ensure that the infrastructure, designed and installed to serve the development proposals, are maintained adequately for the future in this flood vulnerable area. The Council’s Policy (mitigating the causes and adapting to the effects of climate change) in the Council’s adopted development plan requires that the risk of flooding is minimised in vulnerable areas and that channels are maintained for water flows and quality and in accordance with policy CS3 of the North Somerset Core Strategy.

 

12.  

No development approved by this permission shall be commenced until a full operation and maintenance strategy has been submitted to and formally approved in writing by the Local Planning Authority.  The strategy shall identify all future land use limitations; identify the ownership, operational and maintenance arrangements for the works over the lifetime of the scheme.

 

Reason: To ensure that the works provide the necessary mitigation against flooding for the lifetime of the existing and proposed development and in accordance with policy CS3 of the North Somerset Core Strategy.

 

13.  

The foul and surface water drainage details shall be carried out in accordance with the finally approved plans, unless otherwise subsequently agreed in writing by the Local Planning Authority.

 

Reason: To ensure that the development is served by a satisfactory system of foul and surface water drainage and in accordance with policy CS3 of the North Somerset Core Strategy.

 

14.  

The final surface water drainage designs will need to be submitted and approved by North Somerset Council. The finished designs will need to include the following:

 

The drainage strategy must conform to the standards set out in paragraph 3.31 (P.16) of the Site Specific Flood Risk Assessment and Surface Water Management Plan.

 

All SuDS elements will need to be constructed to the standards specified in the most up to date version of the National Standards as published by DEFRA at the time of design.

 

A flow control unit will need to be installed to limit the discharge to ‘greenfield run-off’ rates.

 

Survey levels of the site must be included in the designs.

 

Reason: To ensure that the development is served by a satisfactory system of surface water drainage and in accordance with paragraph 17 and sections 10 and 11 of the National Planning Policy Framework, the Technical Guidance to the National Planning Policy Framework (March 2012) and policy CS/3 of the North Somerset Core Strategy.

 

 

FLOOR LEVELS

 

15.  

The finished floor levels within the employment buildings shall be no lower than 600mm above the existing ground levels
 
Reason:  To reduce the risk of flooding to the proposed development and future occupants and in accordance with policy CS3 of the North Somerset Core Strategy.

 

16.  

The finished floor levels, which shall be no lower than 300mm above existing ground level, shall unless otherwise agreed by the Local planning Authority in writing, be carried out in accordance with the detail shown on the finally agreed Reserved Matters plans.

 

Reason: To mitigate against the risk of flooding and in accordance with policy CS3 of the North Somerset Core Strategy and policy GDP/3 of the North Somerset Replacement Local Plan.

 

 

ENVIRONMENTAL PROTECTION

 

17.  

No development approved by this planning permission shall take place until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority.

 

i).           A preliminary risk assessment which has identified:

            all previous uses,

-            potential contaminants associated with those uses,

-            a conceptual model of the site indicating sources,  pathways             and receptors,

-            potentially unacceptable risks arising from contamination at                  the site.

ii).           A site investigation scheme, based on (1) to provide             information for a detailed assessment of the risk to all             receptors that may be affected, including those off site.

iii).           The results of the site investigation and the detailed risk             assessment referred to in (2) and, based on these, an options             appraisal and remediation strategy giving full details of the             remediation measures required and how they are to be             undertaken.

iv).           A verification plan providing details of the data that will be             collected in order to demonstrate that the works set out in the             remediation strategy in (3) are complete and identifying any             requirements for longer-term monitoring of pollutant linkages,    maintenance and arrangements for contingency action.

 

Any changes to these components require the express written consent of the Local Planning Authority.  The scheme shall be implemented as approved.

 

Reason:  To prevent pollution of the water environment and in accordance with policy CS3 of the North Somerset Core Strategy.

 

18.  

No part of the approved development shall be occupied until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation has been submitted to and approved, in writing, by the Local Planning Authority.  The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.  The report shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan.  The long-term monitoring and maintenance plan shall be implemented as approved.

 

Reason:  To prevent pollution of the water environment and in accordance with policy CS3 of the North Somerset Core Strategy.

19.  

Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls, details of which shall be submitted to the Local Planning Authority for approval. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%; or 25% of the total volume which could be stored at any one time, whichever is the greater. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work should be located above ground, where possible, and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

Reason: To prevent pollution of the water environment and in accordance with policy CS3 of the North Somerset Core Strategy.

 

 

CONTAMINATION

 

20.  

In the event that contamination not previously identified is found to be present at the site then no further development shall, unless otherwise agreed in writing with the Local Planning Authority, be carried out until the developer has submitted a remediation strategy to the Local Planning Authority which details how the contamination will be dealt with Work on site shall, unless otherwise agreed with the Local Planning Authority, not proceed until written approval from the Local Planning Authority has been issued.  The remediation strategy shall thereafter be implemented as approved.

 

Reason: To prevent pollution of the water environment and in accordance with policy CS3 of the North Somerset Core Strategy.

 

21.  

No development shall commence until an investigation and risk assessment, is completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site.  The contents of the scheme shall be subject to the approval of the Local Planning Authority, in writing.  Furthermore the investigation and risk assessment must be undertaken by competent persons and a written report of the findings shall be produced and submitted to the Local Planning Authority for approval in writing. The report of the findings must include:

 

(i)       a survey of the extent, scale and nature of contamination;

(ii)      an assessment of the potential risks to:

• human health,

• property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,

• adjoining land,

• groundwater and surface waters,

• ecological systems,

• archaeological sites and ancient monuments;

 

Reason: In the interests of public health and safety and in accordance with policy CS3 of the North Somerset Core Strategy.

 

22.  

No development shall commence until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment, has been prepared and submitted to and approved in writing by the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures.  Furthermore the scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

 

Reason: To ensure that the necessary mitigation works are carried out in the interests of public health and safety and in accordance with policy CS3 of the North Somerset Core Strategy.

 

23.  

The approved remediation scheme referred to in the above condition shall, unless otherwise agreed by the Local Planning Authority in writing, be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (validation report) that demonstrates the effectiveness of the remediation carried out must be produced and submitted to the Local planning Authority for approval in writing.

 

Reason: To ensure that any/all remediation works found to be necessary are fully recorded and in the interests of public health and safety and in accordance with policy CS3 of the North Somerset Core Strategy.

 

 

ECOLOGY/LIGHTING

 

24.  

Prior to the commencement of development a site-wide lighting strategy incorporating a lighting contour plan in lux with details of light intensity and hours of lighting operation shall be submitted to, and approved in writing by the Local Planning Authority and shall be implemented and adhered to thereafter. This scheme shall ensure that light levels do not exceed 0.5 Lux along the boundary hedgerows and habitats to permit (continued) foraging and commuting of horseshoe bats across the landscape. The approved scheme shall not be varied without the agreement in writing of the Local Planning Authority. 

 

Reason: To comply with the Habitats and Species Regulations and ensure the survival of rare or protected species in accordance with Policies ECH/11 and ECH/12 of the North Somerset Replacement Local Plan and Policy CS4: Nature Conservation in the adopted North Somerset Core Strategy.

 

25.  

Notwithstanding the site wide lighting strategy condition above, no artificial lighting or external floodlighting shall be fixed or installed on any building or land, including the approved all weather games area, without the prior written approval of the Local Planning Authority. The details of such lighting shall include periods of illumination.

 

Reason: To ensure that the type and location of all external lighting is acceptable on visual amenity grounds and to protect the bat population in accordance with policies GDP/3 and ECH/11of the North Somerset Replacement Local Plan and policies CS3 and CS5 of the North Somerset Core Strategy.

 

26.  

Prior to the commencement of development a detailed soft landscaping scheme shall be submitted to, and approved in writing by the Local Planning Authority and shall be implemented and adhered to thereafter. This shall include the retention of boundary habitats including hedgerows, tree lines, scrub, grassland and individual trees where possible, with buffers (minimum of 5m, ideally 10m) and open space to provide continuous green corridors. Landscaping of the site should predominantly employ native species of local provenance including berry and fruit-bearing tree, hedgerow and shrub species and nectar-rich flowering plants.

 

Reason: To comply with the Habitats and Species Regulations and ensure the survival of rare or protected species in accordance with Policies ECH/11 and ECH/12 of the North Somerset Replacement Local Plan and Policy CS4: Nature Conservation in the adopted North Somerset Core Strategy.

 

27.  

No development shall commence until details of a scheme designed to avoid killing or injuring reptiles has been submitted to and approved in writing by the local planning authority.

 

Reason: To enable the Local Planning Authority to ensure that reptiles are safeguarded before this development takes place as reptiles are specially protected by law and in accordance with policy ECH/11 of the North Somerset Replacement Local plan and policy CS4 of the North Somerset Core Strategy.

 

28.  

No development shall commence until temporary fencing has been erected at least 1 metre away from the edge of the habitats which are to be retained.

 

Reason: To retain/protect the wildlife interest and wildlife corridors that exist on the site and in accordance with policy ECH/11 of the North Somerset Replacement Local plan and policy CS4 of the North Somerset Core Strategy.

 

29.  

No development shall commence until a bird nesting and bat roosting strategy has been submitted to and agreed in writing by the Local Planning Authority. The submitted strategy shall include the specification and locations of bird nesting places and bat roosting places incorporated into the fabric of the buildings.

 

Reason: To enhance biodiversity on site in accordance with policy CS4 of the North Somerset Core Strategy. Prior to construction works, a badger survey must be undertaken to identify any new setts. If new setts are found consultation with Natural England must be undertaken and a licence prepared if required.

 

30.  

No development shall take place until measures to protect badgers from being trapped in open excavations and/or pipes and culverts are submitted to and approved in writing by the local planning authority.  Measures shall include cover-plating, chain link fencing or the creation of sloping escape ramps for badgers by edge profiling of trenches/excavations or placing a plank in the bottom of open trenches at the end of each working day to allow any trapped badgers to escape.  This is to prevent foraging badgers falling into trenches during the construction phase of the development.  Open pipework larger than 150 mm outside diameter should be blanked off at the end of each working day.

 

Reason: To prevent harm to legally protected badgers and in accordance with policy ECH/11 of the North Somerset Replacement Local plan and policy CS4 of the North Somerset Core Strategy.

 

31.  

Prior to occupation, a 15 year landscape and nature conservation management plan shall be submitted to, and agreed in writing by the Local Planning Authority.  This should include consideration of features of interest, objectives, management prescriptions, a work schedule including a 15 year annual work plan, resourcing and monitoring to be implemented once the site is restored.

 

Reason: To ensure that the sites biodiversity is maintained and where possible enhanced in accordance with policy CS4 of the North Somerset Core Strategy.

 

32.  

No development shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved by the Local Planning Authority in writing.  The submitted CEMP shall include best practice pollution prevention guidelines.

 

Reason: to ensure the surrounding rhyne network (including SSSI and Local Wildlife Sites) and other retained habitats and species are not adversely impacted by the proposed works and in accordance with policy CS4 of the North Somerset Core Strategy.

 

33.  

No development shall commence until a hydrology assessment is undertaken and once prepared submitted to and approved by the Local Planning Authority in writing. 

 

Reason:  To enhance the wildlife habitat and natural environment and in accordance with policy CS4 of the North Somerset Core Strategy

.

34.  

A bird box and a bat box (or a bat brick incorporated within the built design) shall be provided for no less than 50% of the dwellings hereby approved prior to the completion of the development.

 

Reason: To mitigate against the impact of the proposed development upon the biodiversity of the area and in accordance with policy CS4 of the North Somerset Core Strategy.

 

 

MATERIALS

 

35.  

No works shall be commenced until sample panels of the materials, including colour of render, surface materials to be used in the construction of the roads, pavements and parking areas, have been submitted to and approved, in writing, by the local planning authority. Construction shall be only in accordance with the approved sample panel in terms of colour of brick, mortar mix, jointing and means of laying. The development shall be carried out in the approved materials unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure that the materials to be used are acceptable in accordance with policy GDP/3 of the North Somerset Replacement Local Plan and policy CS12 of the North Somerset Core Strategy.

 

 

HIGHWAYS

 

36.  

The proposed junction improvements as shown on Drg. No. SK06B, dated 21/02/14 shall be completed and brought into operation prior to the commencement of the development hereby approved.

 

Reason: To accommodate the proposed principal means of access into and out of the site and the increase in traffic arising from the proposed development, in the interests of road safety and in accordance with policy T/10 of the North Somerset Replacement Local Plan.

 

37.  

The proposed access into and out of the site from the proposed to be remodelled existing roundabout shall be completed to the satisfaction of the Local Planning Authority prior to the occupation of the first of the approved dwellings located within the development site hereby approved.

 

Reason: To ensure that a satisfactory means of vehicle access to and from the existing public highway is provided and in accordance with policy T/10 of The North Somerset Replacement Local Plan.

 

38.  

No development shall commence, unless otherwise agreed by the Local Planning Authority in writing, until a construction traffic management plan has been submitted to and approved by the Local Planning Authority in writing. The construction traffic management plan shall provide details concerning the movement of materials to and from the site during the construction period and shall include details of the route taken by vehicles serving the site and how such vehicles and their operation will be managed on arrival and on leaving the site. The construction traffic management plan shall furthermore incorporate measures to avoid vehicle movements to and from the site during peak travel times, including the start and finish hours of the school day.

 

Reason: To reduce the risk of disruption and inconvenience to other road users and in the interests of road safety and in accordance with policy T/10 of the North Somerset Replacement Local Plan.

 

39.  

The proposed footpath and cycle way, which will comprise the extension of the Strawberry Line that passes through the site, shall be constructed in accordance with details to be first agreed by the LPA in writing, and thereafter made available for public use on or prior to occupation of the first of the approved dwellings, unless otherwise agreed by the Local Planning Authority in writing. No work on the construction of the footpath and cycle way shall however be carried out until details comprising route plans and section drawings of the proposed construction works and context to the surrounding ground levels and land form / landscape features has been submitted to, and approved by, the Local planning Authority in writing.

 

Reason: To ensure that the proposed extension of the existing Strawberry Line is constructed to an acceptable and safe standard in the interests of public safety and to ensure that the resulting Strawberry Line extension is brought into use at the earliest opportunity and in accordance with policy T/8 of the North Somerset Replacement Local Plan and policies CS9 and CS10 of the North Somerset Core Strategy.

 

 

PLANT & MACHINERY

 

40.  

Details of all proposed fixed plant, ventilation, extraction and flue systems, including odour control systems and boiler vents, associated with the employment development hereby approved, together with details of any/all means of enclosure of such plant, shall prior to installation, be submitted to and approved by the Local Planning Authority in writing. The details to be submitted shall include noise predictions covering all plant together with background levels as measured at the boundary of the site.

 

Reason: To protect the living conditions of nearby residents and in accordance with policy CS3 of the North Somerset Core Strategy.

 

 

 

ARCHAEOLOGY

 

41.  

No development shall take place within the site until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority. The programme of archaeological work should provide a controlled watching brief during ground works on the site, with provision for excavation of any significant deposits or features encountered, and shall be carried out by a competent person(s) and completed in accordance with the approved written scheme of investigation.

 

Reason: The site is within an area of significant archaeological interest and the Council will wish to examine and record items of interest discovered and in accordance with policy ECH/6 of the North Somerset Replacement Local Plan.

 

42.  

No works on site shall commence until the Local Planning Authority has been given at least seven days notice of the intention to start work.

 

Reason: To enable the Authority to program the necessary staff resources and in accordance with policy ECH/6 of the North Somerset Replacement Local Plan.

 

43.  

The developer shall afford access at all times to any archaeologist nominated by the local planning authority, and shall allow him or her to observe the excavations and record items of interest.

 

Reason: So that records may be made before the archaeological remains are affected by the development and in accordance with policy ECH/6 of the North Somerset Replacement Local Plan.

 

 

ENERGY

 

44.  

No construction works shall commence on the dwellings and employment building(s) hereby approved until details of the sustainable energy construction methods to be used together with details of the methods proposed for delivering the on site renewable energy requirements have been submitted to and agreed in writing by the Local Planning Authority. The finally approved detail shall be implemented in accordance with the approved plans unless otherwise subsequently agreed by the Local Planning Authority in writing.

 

Reason: To ensure that the building is energy efficient and that a satisfactory method for delivering on site renewables is provided in accordance with policy CS2 of the North Somerset Core Strategy.

 

45.  

The dwellings hereby approved shall be constructed to a minimum of Code Level 3. Furthermore, no development shall take place until evidence that the development is registered with a Code for Sustainable Homes (CSH) certification body and a pre-assessment report (or design stage certificate with interim rating if available) has been submitted indicating that the development can achieve the stipulated final CSH level. No dwelling shall be occupied until a final Code for Sustainable Homes (or any such equivalent national measure of sustainability for home design which replaces that scheme) Certificate has been issued certifying that the agreed Code Level has been achieved for the approved apartments.

 

Reason: In order to secure a high level of energy efficiency in accordance with Policy GDP/3 of the North Somerset Replacement Local Plan and Policies CS1 and CS2 of the North Somerset Core Strategy.

 

46.  

The employment building(s) shall be constructed to a minimum BREEAM standard rating of 'Very Good' and after once the development is completed a formal assessment of it shall be undertaken by a licensed BREEAM assessor and a copy of the assessors report along with a copy of the certificate shall be submitted to the Local Planning Authority prior to the first occupation.

 

Reason:  In the interests of promoting good design and sustainable construction in accordance with Policies CS1 and CS2 of the North Somerset Core Strategy.

 

47.  

The dwellings hereby approved shall not be occupied until measures to generate 15% of the on-going energy requirements of the use (unless a different standard is agreed) through micro renewable or low-carbon technologies have been installed and are fully operational in accordance with the approved details that have been first submitted to and approved in writing by the Local Planning Authority. Thereafter, the approved technologies shall be permanently retained unless otherwise first agreed in writing by the Local Planning Authority.

 

Reason: In order to secure a high level of energy saving by reducing carbon emissions generated by the use of the building in accordance with policy GDP/3 of the North Somerset Replacement Local Plan and Policies CS1 and CS2 of the North Somerset Core Strategy. 

 

 

 

 

LANDSCAPE

48.  

No development shall take place until a landscape planting scheme has been submitted to and approved, in writing, by the Local Planning Authority.

 

Reason: To ensure that a satisfactory landscaping scheme is prepared and in accordance with policy GDP/3 of the North Somerset Replacement Local Plan and policy CS9 of the North Somerset Core Strategy.

 

49.  

The existing landscape features on the site shall be retained unless otherwise shown on the approved plans to be removed or unless otherwise subsequently agreed in writing by the Local Planning Authority as part of a submitted landscape planting scheme.

 

Reason: To ensure that the existing established landscape features are maintained in accordance with policy CS9 of the North Somerset Core Strategy and policy GDP/3 of the North Somerset Replacement Local Plan.

 

50.  

All works comprised in the approved details of landscaping should be carried out during the months of October to March inclusive following occupation of the dwellings or completion of the development, whichever is the sooner.

 

Reason: To ensure that a satisfactory landscaping scheme is implemented in accordance with policy CS9 of the North Somerset Core Strategy and policy GDP/3 of the North Somerset Replacement Local Plan.

 

51.  

For the duration of the development works existing trees/hedgerows which are to be retained shall be protected by a suitable barrier erected and maintained at a distance from the trunk or hedge specified, in writing, by the Local Planning Authority. The Authority shall be informed at least seven days before works start on site so that barrier position can be established. Within this protected area there shall be no excavation, tipping or stacking, nor compaction of the ground by any other means.

 

Reason: To ensure that no excavation, tipping, burning, storing of materials or any other activity takes place within this protective zone and in accordance with policy GDP/3 of the North Somerset Replacement Local Plan and policy CS9 of the North Somerset Core Strategy.

 

52.  

Trees, hedges and plants in any development phase shown in the  landscaping scheme to be retained or planted, which during the development works or during a period of ten years following implementation of the landscaping scheme in that development parcel, which are removed without prior written approval from the Local Planning Authority or which die, become seriously diseased or damaged, shall be replaced in the first available planting season with other such species and size as are to be agreed with the Local Planning Authority.

 

Reason: To ensure as far as possible that the landscaping scheme is fully effective and in accordance with policy CS9 of the North Somerset Core Strategy and policy GDP/3 of the North Somerset Replacement Local Plan.

 

 

PARKING

53.  

No dwelling shall be occupied until the relevant number of parking spaces for each respective dwelling, which shall be compliant with the North Somerset Parking Standards 2013, have been constructed in accordance with the approved plans.

 

Reason: To ensure that each dwelling has the necessary on site parking provision and in accordance with policy T/6 of the North Somerset Replacement Local Plan.

 

NOISE

 

54.  

No development shall commence until full details of the noise attenuation measures to be installed, including details of glazing and ventilation, have been submitted to and approved in writing by the Local Planning Authority.  Once installed the noise attenuation measures shall be fully maintained and not removed unless agreed in writing by the Local Planning Authority.

 

Reason: To mitigate against the risk of noise and disturbance upon living conditions of the future occupiers of the residential development hereby approved and in accordance with policy CS3 of the North Somerset Core Strategy.

 

 

WASTE

 

55.  

The dwellings hereby approved shall not be occupied until the space and facilities provided on site for the storage and collection of waste have been constructed and implemented in accordance with the approved plans.  Thereafter the approved space and facilities for the storage and collection of waste shall be permanently retained unless otherwise agreed in writing with the local planning authority.

 

Reason: The local planning authority wishes to encourage sustainable waste collection initiatives in the interests of local amenity and sustainable waste management and in accordance with policies CS1 and CS7 of the North Somerset Core Strategy.

 

 

EMPLOYMENT

 

56.  

No goods, plant or materials shall, in respect of the employment site and unless otherwise agreed by the Local Planning Authority in writing, be stored or deposited in the open.

 

Reason: In the interests of visual amenity and in accordance with Policy GDP/3 of the North Somerset Replacement Local Plan.

 

57.  

The proposed employment site hereby approved shall, unless otherwise subsequently agreed by the Local Planning Authority in writing, only be used for business purposes falling within Class B1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (as amended) (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order) and for no other purposes whatsoever.

 

Reason: To provide a mix and balanced development that is socially and economically acceptable in near proximity to the living conditions that will be enjoyed by the future occupiers of the hereby approved residential development and in accordance with policy CS20 of the North Core Strategy.

 

58.  

Notwithstanding the Town & Country Planning General Development (Order) 2013, no part of the employment site hereby approved, and any subsequently approved buildings on the site, shall at any time in the future be converted to residential use, unless otherwise first agreed in writing by the Local Planning Authority.

 

Reason: The Local Planning Authority wishes to ensure that the planned mix of sustainable development is retained on the site without resulting detrimental loss to future local employment opportunities on the site and to avoid the risk of residential property being located within a part of the site that is potentially at risk of flooding, and accordance with policies CS3 and CS20 of the North Somerset Core Strategy.

 

 

CONSTRAINTS

59.  

The proposed dwellings shall, unless otherwise agreed by the Local Planning Authority in writing, not exceed a height equivalent to two and a half storey with any proposed second floor accommodation located predominantly within the roof space.

 

Reason: To maintain the character of the existing rural village settlement where the predominant height of existing dwellings comprises two storey height and in accordance with policy GDP/3 of the North Somerset Replacement Local Plan.

 

60.  

No more than 150 dwellings shall, unless otherwise agreed by the Local Planning Authority in writing, be erected on the application site.

 

Reason: To avoid an overdevelopment of the site which would be likely to result in a form of development that is out of keeping with the character and appearance of the site and surrounding area.

61.  

No development shall take place on the site until a detailed site development project plan setting out key milestones in the development, including site preparation, plot commencements, installation of street lights, submission of drawings for approval in principle to structures and open spaces and play equipment, and land drainage consents, and relates them to proposed dates for adoptions of each element has been submitted to and approved by the Local Planning Authority. The development shall proceed in accordance with this timetable unless any variations have first been submitted to and approved in writing by the Local Planning Authority.

 

Reason: In the interests of highway and pedestrian safety and in accordance with policies T/10 and GDP/3 of the North Somerset Replacement Local Plan.

 

Summary of advice notes to be included on the decision notice

 

Advice notes are not conditions but are a means of making a statement to the applicant or drawing attention to the requirements of other legislation.

 

1.

The applicant/developer is advised to:

i) Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination.

ii) Refer to the Environment Agency Guiding principles for land contamination for the type of information that we required in order to assess risks to controlled waters from the site.  The Local Authority can advise on risk to other receptors, such as human health.

iii) Refer to the Environment Agency’s website at www.environment-agency.gov.uk for more information.

 

2.

The applicant/developer is advised that the Council’s Emergency Planners should be consulted in relation to flood emergency response and evacuation arrangements for the site. It is strongly recommend that the applicant prepares a Flood Warning and Evacuation Plan for future occupants. The Environment Agency involvement with the development during an emergency will be limited to delivering flood warnings to occupants/users.

 

3.

The applicant/developer is advised that in areas at risk of flooding consideration should be given to the incorporation into the design and construction of the development of flood proofing measures. These include barriers on ground floor doors, windows and access points and bringing in electrical services into the building at a high level so that plugs are located above possible flood levels.

 

Additional guidance can be found in the Environment Agency Flood line Publication 'Damage Limitation'. A free copy of this is available by telephoning   0845 988 1188 or can be found on our website www.environment-agency.gov.uk click on ‘flood’ in subjects to find out about, and then ‘floodline’.
 
Reference should also be made to the Department for communities and Local Government publication 'Preparing for Floods' please email: communities@twoten.com for a copy, as well as the communities and local Government publication `Improving the flood performance of new buildings' which can be viewed at: http://www.communities.gov.uk/publications/planningandbuilding/improvingflood

 

4.

The applicant/developer is advised that there must be no interruption to the surface water drainage system of the surrounding land as a result of the operations on the site. Provisions must be made to ensure that all existing drainage systems continue to operate effectively and that riparian owners upstream and downstream of the site are not adversely affected.

 

5.

The applicant/developer is advised that the site is within the Internal Drainage Board's area. The North Somerset Levels Internal Drainage Board should therefore be consulted as the site may be prone to problems of high water table and possible flooding, or exacerbate the Board's flooding problems elsewhere due to additional runoff.

 

6.

The applicant/developer is advised that the proposed employment buildings are located within an area of flood zone 3 and therefore should have raised floor levels to protect the buildings from flooding for the life of the development. Furthermore a small part of the employment area is also marginally within Flood Zone 3b on the illustrative concept plan.

 

7.

The applicant/developer is advised that the Environment Agency would expect to see the following details when discharging condition (xcxcxc) of this permission:
 

A clearly labeled drainage layout plan showing the pipe networks and any attenuation ponds, soakaways and drainage storage tanks. This plan should show any pipe node numbers referred to in the drainage calculations and the invert and cover levels of manholes.


A manhole schedule.

 

Model runs to demonstrate that the critical storm duration is being used.

 

Confirmation of the agreed discharge rate, with any flow control devices indicated on the plan with the rate of discharge stated.

 

Calculations showing the volume of attenuation provided, demonstrating how the system operates during a 1 in 100 critical duration storm event. If overland flooding occurs, a plan should also be submitted detailing the location of overland flow paths and the likely depths of flooding. A 30% allowance for climate change should be incorporated into the scheme in accordance with Table 5 of the Technical Guidance to the National Planning Policy Framework (NPPF).

 

8.

The applicant/developer is advised that consent from the North Somerset Levels Internal Drainage Board will be necessary should a direct connection to the receiving land drainage network be necessary or should any works be carried out within 9.0 metres of any watercourse within the land.

9.

The applicant / developer is advised to contact the North Somerset Levels Internal Drainage Board regarding the development proposals prior to work commencing on site.

 

10.

The applicant/Developer is advised that examples of built-in bird and bat boxes are available from:

http://www.ibstock.com/sustainability-ecozone.asp and http://www.nhbs.com/brick_boxes_for_birds_eqcat_431.html

 

11.

The applicant/developer  is advised that the North Somerset and Mendip Bats Special Area of Conservation is a highly protected suite of sites for wildlife and ecology of international importance

 

12.

The applicant/developer is advised that buffers of tall vegetation should be provided around the hedgerows on site. This accords with the guidance in Biodiversity and Trees, the Supplementary Planning Document for developments within North Somerset, section 8.4, page 13, which states that, 'At least a five metre strip and sometimes a 10 metre strip for all water courses, hedges and woodlands should be retained to allow for management.  However, where the Internal Drainage Board maintains the rhynes, an eight metre maintenance strip must be included.'

 

13.

The applicant/developer is advised that all species of wild birds, their eggs, nests and chicks are legally protected until the young have fledged. No site clearance or tree or hedge removal shall be carried out on site between 1st March and 30th September inclusive in any year, unless a check has been carried out beforehand by a qualified ecologist as agreed with the local planning authority.

 

14.

The applicant/developer is advised that the works within the highway in association with this development will require the developer to enter into a S278 Agreement (Highways Act 1980). The developer is advised to make early contact with the highways officer (Mr W Hole 01934 426707) so that the processing of the order does not impede the implementation of planning consent. The developer will be required to agree to the specification of the works, meet the Council’s costs in the drawing up of the order, provide a bond or cash equivalent and meet the Council’s inspection charges.

 

15.

The applicant/developer is advised that any works which affect the traffic capacity of the highway are subject to the Traffic Management Act 2004. This Act places an obligation upon local authorities to coordinate and manage the road network to ease congestion and delay. As the works in this approval are likely to require a part of the highway to be closed, approval for the closure will be subject to the provisions of the Act. The developer is urged to make early contact with the Council’s Streets & Open Spaces Highway Maintenance Team (01275 888802) to ‘book’ any required road closure.

 

16.

The applicant/developer is advised that under section 184 (Highways Act 1980), any new works within the highway boundary must be to the Council’s specification and prior to any works the developer must arrange with the Council’s Streets & Open Spaces Highway Maintenance Team (01275 888802) for the approval of the works within the highway.

 

 

 


Appendix A

 

 

parish2

Yatton Parish Council

Yatton Library

High Street

Yatton

BS49 4HJ

Tel: 01934 426473

qualityconcil

 

 

 

 

  Planning Officer

North Somerset Council

P O Box 141

Somerset House

Oxford Street

Weston Super Mare

BS23 1TG

 

18th February 2014

 

Dear Sir/Madam,

 

Planning application was considered at a recent meeting and the Parish           Council recommends not supporting the following application.

 

i) 14/P/0191/O – Bloor Homes, Land off Arnolds Way, Yatton. 

Outline application for a residential development of up to 150 dwellings, 0.46 HA of employment land (use class B1), pedestrian/cycle path, new accesses, landscaping, open space and all associated infrastructure with appearance, landscaping, layout and scale reserved for subsequent approval.

 

RESOLVED: that councillors unanimously and strongly recommend not supporting application 14/P/0191/O for the following reasons.

 

Reasons for Recommendation  The Parish Council are objecting to this proposal principally because it is a large scale unsustainable development outside the settlement boundary on prime agricultural land, demonstrating no exceptional circumstances.

It is not community lead which is evident from the large number of objections on North Somerset Council website, the attendance at our planning meeting and concerns raised through our office.  There has not been an up to date Housing Needs Survey carried out and therefore no evidence base to support a locally identifiable need.

 

It is contrary to Policy CS32 and the guidance figures for development density in a service village in the Sustainability Assessment Supplementary Report for CS13 January 2014 (6.18) pg. 20 “SHLAA figures assume some greenfield extensions to service villages and, in this context, because of the large sites coming forward and the very high dwelling figures being calculated, a nominal cut-off of 30 dwellings has been applied to each of these sites”.   

Whilst it is appreciated that this document is under consultation the underlying figure if 30 dwellings is unlikely to be altered to 150 post consultation.

 

The Parish Council are aware that some Policies quoted are remitted pending the outcome of Inspector’s hearing into Policy CS13 in March.  It notes that in the North Somerset Council’s proposed position in respect of the examination of remitted policies Statement for consultation November 2013 it states No 58

“The Judge was clear that while it is only CS13 which was found to be

unlawful, because the re-examination of the total housing figure may

result in consequential alterations for other policies, then these policies

are also remitted. However, “the policies can still be accorded

appropriate weight in any decision making and housing can be brought

forward through the development control process” (paragraph 20)”.

 

And in No 60 of the statement it is noted that “The new Inspector has indicated that the examination of remitted policies will commence with the re-examination of Policy CS13 which will be subject to a report in respect of this policy alone. It is only if the conclusions from this exercise have a bearing on one or more of the

other remitted policies that there will be a need to re-examine the other

policies”.

 

In light of this and that by the time this application has followed due process there will hopefully be full clarity regarding the Core Strategy remitted policies that we are taking the Judge’s comments and using them to support our recommendation for refusal of this application.  

 

The reasons for why the site is unsustainable are as follows:  

 

Travel and Infrastructure

·        The B3133 is already suffering under high volumes of traffic with 800 vehicles recently recorded by Speedwatch between 8.00 a.m. & 9.00 a.m. and in the event of the M5 being shut the road becomes gridlocked.  The increased volume of traffic a new large estate would bring in addition to the existing number of vehicles using the route was an unacceptable and unsustainable.  

·        The proposed development being sited over 1 km from village amenities will lead in reality to most residents using cars to access the facilities putting additional pressure on the road itself and exacerbating the existing parking problems around the schools, surgery and shops. 

·        There were concerns raised regarding road safety and the difficulties residents will have crossing both Arnolds Way and North End Road from the proposed site.

·        The proposed housing was to be located adjacent to the access road and bordering the Arnolds Way roundabout currently used by many heavy goods vehicles allied to adjacent local businesses.  The use by this type of transport was due to increase with the building of Smart Systems Phase 3.  Properties this close to heavy goods vehicle movements was likely to result in unsatisfactory living conditions and complaints to the businesses themselves.    

·        The impact of providing of additional transport to secondary schools was also a consideration.

 

Local Services and Amenities

·        The local infant and junior schools are at full capacity NOW, with overcrowded classes (36 pupils per class) and no buildings onsite adaptable for use as classrooms.  They have been told categorically that North Somerset Council have no available funds now or in the foreseeable future to provide any new classrooms to accommodate additional pupil numbers.

·        The doctor’s surgery is currently stretched, with long appointment waiting times and no scope to extend their building within the current location.  It also serves the neighbouring village of Congresbury (also a service village), should there be any additional large scale development in either one or potentially even both villages the surgery would find maintaining a satisfactory level of service for residents impossible.

·        It was questioned who would be responsible for maintaining the recreation field outlined in the application, it was also the decision to put it or the allotments on a part of the site that is within the flood zone. 

 

Employment

·      The vision of an employment lead development sited close to local employment was unfortunately a myth as the successful businesses in Yatton that employ a higher numbers mentioned in their publicity require very highly skilled   employees, Oxford Instruments, Smart System and their employees largely constitute the in-commuters.  The other less skilled businesses do not have a high turnover of staff to an extent where prospective purchases of property would not be making the choice to live in the proposed development based on a job within the village.   The reality is that the development would lead to high levels of out-commuting; in essence the creation of a large dormitory estate and therefore contrary to Policy CS20.

 

Environmental

·        The monitoring of a development site in close proximity (Smart Systems) has identified a bat hot spot of over 8 species all foraging including Nathusius pipistrelle and nocturnal species.

·        The actual (not predicted!) impact on surrounding housing both in terms of noise and property value of the wind turbines to be installed at Smart Systems was not yet known.

·        The environmental impact of increased traffic and the pollution it brings was further cause for concern.  

 

Further considerations

 

·        The Parish Council consider that the proposal is contrary to the principal of Policy CS19 Strategic Gaps, the overriding outline for the policy being that

“The council (NSC) will protect strategic gaps to help retain the separate identity, character and/or landscape of settlements and distinct parts of settlements”.

 

Whilst it is realised that a strategic gap has currently only been outlined for between Yatton and Congresbury, the Parish Council has made its’ views very clear in its comments submitted both on the Core Strategy and Sites and Policies DPD consultations that it’s is very important that the same gap is applied to the North End of the village as well.  If this proposal was to go ahead it would create a “linear” form of development along the B3133 with the majority of the housing in the village at one end furthest from the amenities,  losing the character and identity of the village and its surrounding landscape. 

If this resulted in the settlement boundary being moved to incorporate this proposal it could set a precedent for further sites to be built adjacent to the new boundary and the sprawling effect this creates would be detrimental both to Yatton and the villages of Kingston Seymour and Kenn.

 

·        The Parish already has 154 houses on sites that have either been approved, have had applications refused or are yet to have applications submitted as follows;

Oxford Instruments – 66 approved at reserved matters.

Wemberham Brewery site – 18 units – refused.

Bridge Works – 10 refused.

Wemberham Lane – 24 yet to be applied for.

Jewson’s –25 currently seeking developers.

Former KPR Engineering site Claverham Road – 5 approved

Pullin’s Bakery - will be vacating their current site to move to newly purchased site in the village possible site for 6 houses.

 

This is without considering the sites on the new SHLAA. 

 

·        The huge impact of all these sites and the addition of proposed Bloor homes site on the schools and doctors surgery, increased traffic due to it being located so far from any amenities was unacceptable and would provide no advantages to the community whatever the 106 agreement had to offer.

·        Policy CS17 3.228 states that only rural exception sites for affordable housing will be acceptable adjacent to settlement boundaries of service villages.  To then allow a site of open market housing of a far larger scale than any exception site of affordable housing with all its impact would be a contradiction to that principal. 

The Parish Council concluded by saying should North Somerset Council be minded to approve this application that the following suggestions could form part of any subsequent 106 agreement.

 

·        Additional classrooms at both infant and junior schools.

·        The provision of additional doctors facilities and staff i.e. relocating to a facility able to accommodate the increase in additional patients.

·        Traffic management provision especially at peak times to include measures such as zebra crossings, lollipop person, or a footbridge (for pedestrians, cyclists and mobility scooters) and improvements to the Kingston Bridge footway/cycleway.

·        Improvements to the Strawberry Line which do not form part of the proposed development site.

·        A new play area away from development houses.

·        Contribution to the reinstatement of the lift in the library.

·        Assistance to complete the circular path around Hangstones recreation fields.

·        Provision of public toilets.