Item No: 4 Reference: B/13/00928/FUL. Parish: WHATFIELD Ward Member: Cllr D Kendall

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1 Item No: 4 Reference: B/13/00928/FUL Parish: WHATFIELD Ward Member: Cllr D Kendall Location: Proposal: Applicant: Land west of allotments, Semer Road Erection of 6 No. affordable dwellings with access road, car parking and gardens Iceni Homes Ltd Case Officer: Lynda Bacon Date for Determination: 29/11/2013 RECOMMENDATION: Subject to a Section 106 Agreement, Grant Planning Permission This application is referred to Planning Committee as the proposal is considered to be controversial. THE SITE 1. The application site is situated close to the Western edge of the village, to the North of Semer Road and is located adjacent to the existing allotments which are to the North of the residential property known as The Cottage on The Green. 2. The site is an irregular shaped parcel of land comprising an open field measuring approximately 0.23ha in area, with a frontage to Semer Road of some 74 metres. The Western, Southern and Eastern boundaries are formed by a number of mature trees and a hedgerow. The Northern boundary of the site is undefined, being part of a larger field. The site slopes gently from east to west and vehicular access is onto Semer Road via a field gate to the south eastern extent of the site. The junction of Semer Road with Rectory Road is opposite the application site. 3. The Built-up Area Boundary of Whatfield follows the North and West boundaries of the allotments before following the North side of Semer Road and the rear boundaries of the properties on Rectory Road. The application site lies just outside the defined Built-up Area Boundary of the village and is therefore situated within the countryside for the purposes of planning policies. 4. The village has a primary school, village hall and playing field situated some 40 metres to the south of the application site (closest point). 5. There is a Special Landscape Area to the West side of Semer Road and the allotments are designated as an Area of Visual and/or Recreational Amenity. THE PROPOSAL 6. The proposal is for a Rural Exceptions affordable housing scheme under Policy HS06 providing 6 no. affordable rented dwellings for the villages of Whatfield and Naughton with Nedging. 7. The properties would be constructed as 3 no. two-storey terraced dwellings (Plots 1, 2 & 3) positioned side on to Semer Road; 2 no. flats within a two-storey building (Plots 4 & 5) located towards the rear of the site but fronting Semer Road and 1 no. detached two-storey dwelling positioned to the rear of the site (Plot 6), also fronting Semer Road. 8. Plots 1, 2 & 3 are two-storey, two-bedroom terraced dwellings constructed from red brick/composite weatherboarding elevations under a man-made slate roof. 27 November

2 9. Plots 4 and 5 are within a two-storey building, with plot 4 at ground floor level and plot 5 at first floor level. The building containing plots 4 and 5 would have a dark red brick plinth, with lighter grey (composite) featheredged boarding and a red concrete pantile roof. 10. Plot 6 is a two-storey, three-bedroom detached dwelling finished with a dark red brick plinth, with lighter grey (composite) featheredged boarding and a red concrete pantile roof. 11. Each dwelling will be provided with private amenity space. All properties will have vehicular access from a new estate road constructed off Semer Road leading to a central parking area. Two parking spaces are provided for plots 1, 2 and 3, one parking space is provided for each of plots 4 and 5 and three parking spaces are provided for plot 6. Two additional visitor spaces are also provided. 12. Vehicular access to the development will be in close proximity to the existing access off Semer Road and the new access road will be positioned adjacent to the northern boundary with the allotments to serve both the development and the remainder of the field beyond. A footpath serving the development will be situated adjacent to the southern boundary with Semer Road, positioned behind the existing hedgerow which will be retained. 13. The layout of the scheme has been designed to present a curved terrace to the east of the site before the access road proceeds past a central parking area to the 2 no. flats and detached dwelling located to the west of the site. The curved terrace incorporates a roof pitch that rises from the single-storey brick façade at the front to form the two-storey height of the terrace at the rear, where the elevation will be clad in composite weatherboarding to relate to the remaining two-storey buildings proposed. 14. Existing boundary trees and hedges will be retained except where visibility is required to be improved adjacent to the access. New hedging will be planted along the western boundary to the field. 15. The application is also accompanied by a Design and Access Statement, an Affordable Housing Statement, an Ecology Assessment, Tree Survey & Arboricultural Impact Assessment and land contamination, ground water and flood risk information. 16. The application documents can be viewed on line via the planning pages on the District Council s website. RELEVANT HISTORY 17. B/501/74 Outline Residential Development Refused. NATIONAL PLANNING POLICY FRAMEWORK 18. The National Planning Policy Framework (NPPF) contains the Government s planning policies for England and sets out how these are expected to be applied. Planning law continues to require that applications for planning permission are determined in accordance with the Development Plan unless material considerations indicate otherwise. The policies contained within the NPPF are a material consideration and should be taken into account for decision-making purposes. PLANNING POLICIES i) Adopted policy 19. The Development Plan comprises the saved policies in the Babergh Local Plan (Alteration No. 2) adopted The Plan should be regarded as material consideration in planning decisions. The following policies are applicable to the proposal: 27 November

3 LP01 - Planning Obligations EN04 - Retention of Semi-Natural Features HS03 Sustainable and non-sustainable villages HS06 - Rural Exception Local Needs Housing HS07 - Rural Exception Local Needs Housing HS27 - Housing Density HS28 - Infill Housing HS32 - Public Open Space and Play Areas on New Development (small sites) CR01 - Development in the Countryside CR07 - Landscaping of New Development in the Countryside CN01 - Design of new development proposals CN04 - Designing Out Crime TP15 - Parking Standards ii) Emerging policy 20. The Council has submitted a draft of its Core Strategy ( ) to the Planning Inspectorate for examination and the outcome of a Public Inquiry is currently awaited. The policies contained in the emerging Core Strategy document can therefore be attributed weight in planning decisions now. The following emerging policies are relevant to this particular planning application: CS2 - Strategy for Growth and Development CS6 - Strategy for Development in Core and Hinterland Villages CS10 - Sustainable Development CS16 - Rural Exception Sites iii) Supplementary Planning Guidance 21. Suffolk Advisory Parking Standards (2002) 22. The relevant policies can be viewed on line. Please see the notes attached to the schedule. CONSULTATIONS 23. PC Comment as follows; Design/materials. There are concerns about the design and use of materials. The Parish Council and many villagers would wish to make sure that an affordable housing scheme anywhere in the village would be built using good quality materials comparable to those used in other similar schemes in the county. It is feared that the use of cheaper materials will have a negative impact on the look and durability of the houses, and may also lead to tenants not wishing to stay for any length of time (transient tenants). There were a few concerns about the selection of dwellings proposed, which does not seem to include much provision for elderly residents wishing to downsize, nor is there enough provision for family-sized homes. Location/safety. The overwhelming majority are worried about the location of the development, with its entrance/exit on a blind bend. There is a fear that this will lead to accidents and will not be safe for children walking to/from school or the playing fields. Some comments were made about the fact that hedges are likely to be cut and some trees taken down. Whilst this is regrettable, there is also a fear that hedges may not be maintained properly at all times, hampering visibility. A few comments were made about the installation of street lighting. There is no street lighting elsewhere in the village and adding street lighting for this scheme in this small corner of the village would detract from the traditional village scene. 27 November

4 Section 106/tenants with strong local links. Many questions regarding the application of section 106 as well as the selection criteria used for potential tenants remain unanswered. The Parish Council and villagers alike wish to make sure that those with a link to the village are given priority at all times. Whatfield an unsustainable village. There are now two potential schemes going through the planning process, which would greatly enlarge the village. What are Babergh s planning policies in relation to unsustainable villages such as Whatfield? Is the infrastructure for the village sufficient to cope with a large influx of new residents (all with cars), and are the facilities in the village able to cope (eg sewerage, electricity)? 24. LHA Recommends imposing 7 standard conditions relating to the safe provision and retention of the access and parking areas, and refuse collection areas. 25. SCC - Archaeology The site is on one of Whatfield s historic roads, close to where Semer Road joins The Street. The site has potential for archaeological remains relating to the early development of the village. At present, it is not known how far medieval or historic settlement may have continued westwards in the direction of the medieval moated site of the Old Rectory, or whether The Green was another focus of settlement in addition to a core around the church. There is potential for archaeological remains relating to early occupation to exist on the site, and groundworks associated with the development have the potential to damage or destroy any archaeological remains which may exist. There are no grounds to consider refusal of permission in order to achieve preservation in situ of any important heritage assets, however, any permission granted should be the subject of appropriate conditions to research and record any archaeological features/finds. 26. Corporate Manager - Strategic Housing - fully supports the proposal. Extensive preapplication discussions have taken place since 2010 and the proposal meets an identified local need. 27. Suffolk Fire and Rescue Service - Comments regarding Access and Fire Fighting Facilities and Water Supplies. 28. Corporate Manager - Environmental Protection - No concerns relating to land contamination at this site. REPRESENTATIONS 29. Letters of objection have been received from 16 addresses and the comments are summarised as follows: The composition of proposed housing is not what the village requires. The houses are not attractive and out of keeping with the area. The materials proposed are cheap and poor quality and out of keeping with the area. The access is from a dangerous and an unsuitable junction, lack of visibility. The lanes would not be able to support the increased traffic. The infrastructure of the village (school, bus service, electricity, sewage) can t support this size of development Whatfield is an unsustainable village. It is a greenfield site supporting wildlife and needs protection. Affordable housing needs to be located close to shops and amenities Overlooking of neighbouring property, loss of privacy Negative impact on open landscape Loss of biodiversity Creeping development Concerns over potential occupants and their links to the village Lack of employment opportunities in the village leading to extra vehicle movements 27 November

5 Lack of consultation/community engagement No pavement on this part of the road will be hazardous for pedestrians Affordable housing need not properly demonstrated The roof of the terrace of dwellings is over dominant and there are no cat slide dormers elsewhere in the village Have other sites been considered in and around Whatfield 30. Letters of support have been received from 2 addresses and the comments received are summarised as follows: Will give more local people a chance to stay in the village. Will give young people a chance Give life to the community PLANNING CONSIDERATIONS 31. The application does not propose market housing for general needs; it proposes six housing units for rent as affordable housing and would be managed by a Registered Social Landlord solely to meet an identified local need. 32. Within the context of Policies HS06, HS07, CN01, CR01 and HS28 of the Local Plan, the main considerations are as follows: The principle of housing development in the countryside as a rural exception. Background to the scheme and local housing need The impact of the design and layout on the countryside The impact on residential amenity The impact on highway safety. Other issues. Principle of development 33. The National Planning Policy Framework (NPPF) contains the Government s planning policies for England and sets out how these are expected to be applied. At the heart of the NPPF is a presumption in favour of sustainable development. 34. National guidance in the NPPF restricts development in the countryside for reasons of sustainability and its intrinsic value. Paragraph 50 requires (inter alia) that Local Planning Authorities should plan for a mix of housing based on the needs of different groups in the community and should identify where there is an affordable housing need. 35. Paragraph 55 states that: To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. For example, where there are groups of smaller settlements, development in one village may support services in a village nearby. Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances. 36. National guidance is reinforced by Policy HS04 of the Local Plan which restricts residential development in the countryside in the interests of agriculture, rural amenity, road safety and the economy of services. There is however, a mechanism for delivering housing in the countryside as an exception to the normal policies of restraint if the proposal is for 100% affordable housing and the development is of small scale. It is also essential for the development to meet a local housing need which has been identified from a clear evidence base (usually a Housing Needs Survey). This type of development is called a rural exception, as it allows affordable housing as an exception in locations where residential development would not normally be permitted. 27 November

6 37. The proposal is for a rural exceptions site within the context of saved Local Plan Policy HS06 (and emerging policy CS16). This policy states that should a Registered Social Landlord be able to offer assurances and provisions as set out in Local Plan Policy HS07 to the satisfaction of the LPA, then exceptionally, planning permission will be granted for housing in the following circumstances: In those villages listed in Policy HS03 development that abuts the BUAB of the village. In clusters of dwellings in the countryside where the level of provision will be restricted to one unit. In all circumstances the following criteria will need to be met: The local housing need cannot be adequately met by other planning policies including social housing provision associated with Local Plan housing allocations; The proposed development, by virtue of its size, scale and type, will not exceed the identified local need; The type of dwellings to be provided are consistent with the needs identified by the housing needs survey and agreed in advance by the District Council. 38. In this instance, the application site is well related to, and partly enclosed by, the defined built up area boundary of the village and the principle of affordable housing in this location is therefore acceptable. In addition the site is in close proximity to existing village facilities such as the primary school, village hall and playing field. 39. The remaining criteria of Policy HS06 are considered in the following section of this report. In summary the local housing need cannot be met by other policies, the scheme does not exceed local requirements and the type of dwellings proposed will also address the accommodation requirements of local people. Background to the Scheme and Local Housing Need 40. This is a scheme that Housing Development Officers, along with Whatfield and Nedging with Naughton Parish Council s have had full involvement with over a long period of time, dating from 2010, when the Parish Councils completed a Local Housing Need Survey with the Rural Housing Enabler at Suffolk ACRE (now Community Action Suffolk) and the application is therefore strongly supported. 41. Following the completion of the Local Housing Need Survey in 2010 the Parish Council s agreed to try and progress a scheme that would provide Affordable Housing units to meet the need identified. Suffolk Housing Society and their Development Company Iceni Homes were appointed as the Parish Council s RP partner in An appraisal of the village was then undertaken by the group where potential sites were identified, these being sites located adjacent to the Built Up Area Boundary in accordance with policy HS06 and HS07. These sites were then reviewed by the Development Management Officer, and Highway colleagues to establish which sites would be suitable for development as a rural exception site for local needs affordable housing. The Landowners of the preferred sites were then approached to establish whether the land was available. This sequential approach determined that the site now put forward was the most appropriate site that was available to purchase at an exception site value. 27 November

7 42. During a Project Group consisting of Parish Representatives, Iceni Homes, the Architect, Babergh s Housing Enabling Officer and the Rural Housing Enabler from Community Action Suffolk met to discuss the design and layout of the scheme, with pre-application advice being provided by a Development Management Officer from Babergh. Draft plans were then prepared in consultation with Development Management and Highways colleagues that addressed all planning and highway requirements, and were of an appropriate design and appearance. 43. A Village Open Day was then held on 10 June 2013, with representatives from Iceni Homes, Suffolk Housing Society, Community Action Suffolk, Babergh s Affordable Housing Team and Milburn, Leverington & Thurlow Architects in attendance. Feedback from this event was mixed with some positive and supportive responses, along with some who objected to the proposals. The feedback received has been reviewed by the Project Group, many issues related to the location of the scheme, and the design and appearance. These have been reviewed and discussed again by the group with Development Management colleagues, it is however felt that the site has been selected in an appropriate way and that the design and appearance is of a high standard and is appropriate for its location. A number of local people attended who would like to secure one of the units. 44. Suffolk Housing Society have received approval for their Affordable Homes Programme with the Homes and Communities Agency and this scheme has been included in that programme, with 120,000 allocated to it. 45. Whatfield and Nedging Parish Council s completed a Local Housing Need Survey with Suffolk ACRE (now Community Action Suffolk) in December 2010, where a current need from 12 households was identified, with a further 5 expressing they would have a need in the next 5 years, and a further 14 identifying a need from family members who were living outside the village but had a connection to it. Following this the Rural Housing Enabler recommended an affordable housing scheme of 6 units. Taking all this information into account the mix put forward in this application was agreed. 76% of respondents were also in support of providing affordable housing for local people. 46. The current Housing Register figures for Whatfield and Nedging with Naughton show 9 with a Local Connection 8 for 1 Beds and 1 for 3 bed. Overall there are 15 applications on the Choice Based Lettings register for Babergh DC who have indicated that they have a connection to Whatfield. 47. It is proposed that the Exception site will provide 6 affordable rented units; these will be (i) 1 x 3 bedroom 5 person houses (plot 6) (ii) 3 x 2 bedroom 4 person houses (plots 1, 2,3) (iii) 2 x 1 bedroom 2 person flats (plots 4 and 5) 48. Priority is to be given to people with a local connection to Whatfield or Nedging with Naughton, and then to the adjoining parishes of Elmsett, Aldham, Wattisham, Bildeston, Chelsworth and Semer. 49. Properties are to be built to the Homes and Communities Agency Design and Quality Standards, and Level 4 of the Code for Sustainable Homes. The properties will be let through the Choice Based Letting system. 50. In conclusion, the Housing Enabling Team fully supports this application. 27 November

8 Design and Layout 51. Policy CN01 of the Local Plan requires all new development to be of an appropriate scale, form, design and finish. A core principle of the NPPF seeks to secure a high quality design and a good standard of amenity for all existing and future occupants of land and buildings. 52. It is important to recognise that an acceptable design does not normally make development in the countryside acceptable. However, as the proposal is for an exception site the principle of development in the countryside is acceptable as discussed above. The design and layout should be of a high quality given the sensitivity of development in the countryside. 53. The design and layout of the proposal evolved during discussions prior to the formal submission of the application. The proposed dwellings have their own identity and style and have been designed to take account of the edge of village setting. Traditional design principles such as pitched roofs, red brick and weatherboarding have been incorporated, alongside simple barn like forms and other typical features i.e. exposed rafter feet and black rainwater goods. Construction materials include man-made slates, composite weatherboarding, concrete pantiles and plaintiles which, alongside light and dark red bricks are considered to be appropriate in this location; softened by existing natural screening. 54. The proposal also includes native hedgerow planting to the western and southern boundaries, which will complement established planting and respect the rural character of the area. Planting shown on the plans is indicative and final scheme details will be requested via a condition attached to the grant of any planning permission. The Parish Councils suggestion for a strong landscaping scheme to soften the impact of the condition can be secured when details are submitted to discharge the condition, as the layout contains space for this to occur. 55. In summary, the design and layout will safeguard local distinctiveness (Policy CN01) and respect landscape quality (Policies CR01 and CR07). Residential Amenity 56. The proposed dwellings are situated adjacent to Semer Road, with the nearest existing dwelling (Cirrus Cottage) on the opposite side of the road to the site. The layout and orientation of the proposed dwellings, along with the separation provided by the road means that the proposal is unlikely to result in a loss of light, privacy or dominance. Highway Safety and Access 57. The Local Highway Authority has been involved with this scheme at the pre-application stage. They have not expressed any objections to the final proposal however several conditions have been recommended. The proposed conditions are considered necessary to ensure the proposed scheme is constructed appropriately and in a manner which does not affect highway safety. Flooding 58. The site is located within Flood Zone 1 where it is considered appropriate to locate more vulnerable development. Other Matters Crime and Disorder 59. Consideration has been given to the provisions of Section 17 of the Crime and Disorder Act, 1998, in the assessment of this application but the proposal does not raise any significant issues. 27 November

9 Biodiversity and Protected Species 60. In assessing this application due regard has been given to the provisions of the Natural Environment and Rural Communities Act, 2006, is so far as it is applicable to the proposal and the provisions of Conservation of Habitats and Species Regulations, 2010 in relation to protected species. The application is accompanied by an Ecology Assessment which confirms there is no realistic potential for protected species to be negatively impacted by this proposal and contains mitigation recommendations. Subject to these recommendations the proposed development is considered to have little adverse impact on the potential for protected species. PLANNING OBLIGATIONS 61. As stated above, a legal agreement is required to ensure that the dwellings are retained as affordable units and at the time of writing a Section 106 obligation is being prepared to this effect. As the development is a rural exceptions site, there is no requirement for an open space contribution under Policy HS In accordance with the Community Infrastructure Levy Regulations, 2010, the obligations recommended to be secured by way of a planning obligation deed are (a) necessary to make the Development acceptable in planning terms (b) directly related to the Development and (c) fairly and reasonably relate in scale and kind to the Development. STATEMENT REQUIRED BY ARTICLE 31 OF THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) ORDER 2010 (as amended). 63. When determining planning applications The Town and Country Planning (Development Management Procedure) (England) Order 2010 requires Local Planning Authorities to explain how, in dealing with the application they have worked with the applicant to resolve any problems or issues arising. In this case the application has been the subject of extensive pre-application discussions and could be approved without further negotiation or amendment. RECOMMENDATION (1) That the Solicitor to the Council be authorised to secure a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 to provide: That the units remain affordable in perpetuity Such other obligations as the Solicitor to the Council or Corporate Manager Development Management considers appropriate (2) That, subject to the completion of the Planning Obligation referred to in Resolution (1) above to the satisfaction of the Solicitor to the Council, the Corporate Manager Development Management be authorised to grant planning permission subject to the following conditions: Standard time limit of 3 years As recommended by the LHA As recommended by the County Archaeologist The development to be undertaken in accordance with the arboricultural report The development to be undertaken in accordance with the Mitigation Recommendations within the Ecology Assessment Details of materials to be submitted and agreed Details of hard & soft landscaping to be submitted and agreed The hard and soft landscaping to be implemented as agreed The landscaping to be safeguarded for 5 years Details of screen walls and fencing to be submitted and agreed 27 November

10 (3) That in the event of the Planning Obligation referred to in Resolution (1) above not being secured the Corporate Manager Development Management be authorised to refuse planning permission for reason(s) including: In the absence of a planning obligation securing the units as affordable housing the proposal would be contrary to Saved Policies HS04, HS06, HS07 and CR01 of the Babergh Local Plan (Alteration No. 2) November

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