12.13/1550/FUL – Erection of 15 dwellings including access, parking and landscapingat FIR TREES, DAWES LANE, SARRATT, HERTS WD3 6BG for Taylor Wimpey North Thames

(DCES)

Parish: Sarratt Parish Council / Ward: Sarratt
Expiry Statutory Period: 21November 2013 / Officer: Alice Eggeling

This application is bought to Committee by the Parish Council and as it has been called in by three Planning Councillors.

1.Relevant Planning History

1.18/1143/88 – Erection of a detached bungalow and temporary siting of a mobile home during construction period. – Refused January 1989.

1.28/595/91 - Erection of detached bungalow and garage – Refused October 1991.

1.301/00247/FUL - Retention of mobile home for residential use – Withdrawn.

1.401/01733/CLED - Certificate of lawfulness existing use: Shed for residential use as living area and bathroom. – Refused February 2002.

1.503/0666/CLED - Certificate of lawfulness existing use: Shed for residential use purposes – Refused June 2003.

1.604/0404/FUL - Change of use to residential for the purpose of stationing of 2 caravans for human habitation – Refused August 2004.

1.7Allowed on appeal as a result of the Gypsy status of the occupying family and the substantial need for gypsy accommodation in the locality representing very special circumstances sufficient to outweigh harm to the openness of the Metropolitan Green Belt.

1.812/1434/PREAPP - Erection of 15 dwellings comprising 6 starter homes , 2 mobility bungalows , 2 x 3 bed bungalows and 5 x 4/5 bed chalet bungalows – Concluding summary as below;

In summary, the scheme is considered inappropriate in terms of local and national Green Belt policy and would be opposed, if it were to be submitted, as inappropriate urbanising development.

In addition, the loss of a designated Traveller / Gypsy pitch would also be strongly resisted as increasing the shortfall of traveller pitches within the district and wider region.

Even if very special circumstances were demonstrated, the scheme consists of a large number of dwellings within a relatively small area with small plot sizes and elevations in close proximity to each other. The overall perception of development would be cramped. Given the existence of mature trees along the site boundaries and the associated shading, this cramped nature would likely be particularly exacerbated.

The proximity of the mature trees and the proposed dwellings may likely lead to future pressure to fell or lop these trees. Further consideration would need to be given to any scheme.

In conclusion, I must advise that the scheme in its current form would not be supported as a consequence of the above concerns.

1.9Separate site of relevance: 13/1781/FUL - Erection of eight Affordable Housing dwellings with access, parking and landscaping at The Royal British Legion, Church Lane, Sarratt.

2.Detailed Description of Proposed Development

2.1 Site Description

2.2The application site is a 8316m2 rectangular plot with a 54m wide frontage onto Dawes Lane; a rural lane between the village of Sarratt and the more rural Chess Valley at Sarratt Bottom. In this part of Dawes Lane, residential development is restricted to the south with pasture land to the north, opposite the site, bordered by 2m high hedges.

2.3 Residential development predominantly consists of detached and semi-detached dwellings fronting Dawes Lane with long, open rear gardens. The site is orientated so that the Dawes Lane frontage lies along the north-west of the site, with the flank boundary to the north-east shared with No:54 Dawes Lane and beyond that neighbour, the rear of shared amenity areas for flats on Downer Drive and that to the south-west shared with a residential property named ‘Green Belt’. The rear boundary abuts open fields which occupy land between Dawes Lane and the residential road of Church Lane to the south. The neighbour to the south-west; Green Belt, has a plot depth to match that of the application site.

2.4 Approximately 100m to the south-west of the site is another infill residential cul-de-sac running perpendicular to the otherwise linear development along Dawes Lane. This residential Close of five substantial detached dwellings, known as Wards Drive, and the two properties to its south-west form the western boundary of development within the settlement of Sarratt.

2.5 The site supports a static caravan on a concrete and brick plinth and is a recognised gypsy / traveller pitch. A number of small storage sheds exist around the static caravan with the area to the rear, adjacent to the trees, used for informal storage and as a pasture for horses.

2.6 The site has a number of mature trees along the length of the north-eastern flank boundary and across the rear boundary of the site which, together with vegetation and trees along the front boundary of the site are covered by Tree Preservation Orders.

2.7 As with the rest of Sarratt and the surrounding area, the site lies within the Metropolitan Green Belt. The site is not however located within the identified Sarratt Village Core which abuts the north-eastern boundary of the site. The site is also a recognised Gypsy and Traveller Pitch and forms part of the district’s recognised provision for Gypsy and Travellers.

2.8Proposed Development

2.9The proposal seeks to remove the existing traveller pitch and the static caravan that occupies the site and replace this with fifteen dwellings arranged around a central cul-de-sac which is to run along the centre of the site, perpendicular to Dawes Lane.

2.10The development would consist of nine detached dwellings, three of which are to be bungalows, and a single block of six, two storey homes (two, two bedroom and four, one bedroom dwellings; Plots 1 to 6) which are to occupy the proposed corner plot between Dawes Lane and the proposed cul-de-sac, adjacent to No:54 Dawes Lane.

2.11Plots 7 to 10 are to face south-west, backing onto Downer Drive. Plots 7 to 9 are to be single storey bungalows with Plot 10 and the five dwellings proposed along the south-western boundary of the site (Plots 11 to 15) to be two storey dwellings of substantial size. The two storey dwelling of Plot 15 would be accessed from the proposed cul-de-sac but would front onto Dawes Lane. This would be of similar proportions to the six cluster homes, albeit with an additional double garage element and together these two buildings would frame the proposed cul-de-sac entrance.

2.12All of the properties are indicated to have pitched roofs with materials described as ‘varied’ to match variation within the local area. This is briefly expanded on to mean brick and render finishes (unspecified as to which elevations of which dwellings are to have each finish) and possibly slate or clay tile roofs (again without specification as to which dwellings would support which). Artists’ impressions suggest slate coloured roofs to each property.

2.13

Plot Number / Dwelling Type / Bedrooms
1 / Two storey cluster dwelling / 1
2 / Two storey cluster dwelling / 1
3 / Two storey cluster dwelling / 2
4 / Two storey cluster dwelling / 1
5 / Two storey cluster dwelling / 2 on plan (However 1 in practice)
6 / Two storey cluster dwelling / 1
7 / Detached Bungalow / 2
8 / Detached Bungalow / 2
9 / Detached Bungalow / 3 (shown as 2 on the site plan but three as per dwelling floorplan)
10 / Two storey detached dwelling / 4
11 / Two storey detached dwelling / 5
12 / Two storey detached dwelling / 5
13 / Two storey detached dwelling / 4
14 / Two storey detached dwelling / 4
15 / Two storey detached dwelling / 5

2.14The six cluster homes (Plots 1 to 6) are to share seven parking spaces accessed via an undercroft building with a shared bin store and cycle shed.The two, two bedroom bungalows (Plots 7 and 8) are to have two off street spaces with a garage and parking space each. The remaining seven detached properties (Plots 9 to 15) are to have double garages and driveways cumulatively able to each accommodate four off street car parking spaces.

2.15The development frontage onto Dawes Lane is shown as having the existing hedge and trees removed and replaced with a planted hedge of mixed native species and five small trees. The height of this hedge is not specified. The hedge would return along the new estate road for approximately 28m, punctuated by the driveway of Plot 15 on the western side and the pedestrian entrance of Plot 5 to the west. Similar planted hedges would be planted around the front boundaries of the other residential plots.

3. Consultation

3.1Chilterns Conservation Board - The Chilterns Conservation Board will not be commenting on the planning application. The Board recommends that the decision-maker takes into account the following: The Chilterns AONB Management Plan. The Chilterns Buildings Design Guide and Supplementary Technical Notes on ChilternsBuilding. Materials (Flint, Brick and Roofing Materials). The Environmental Guidelines for the Management of Highways in the Chilterns. The Boards Position Statement on Development Affecting the Setting of the Chilterns AONB.

3.2Environment Agency - Thank you for consulting us on the above planning application. Please ensure the following conditions are included on any planning permission granted. Without these conditions the proposed development presents an unacceptable risk to the environment.

3.3Condition 1

1) No development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), shall take place until a scheme 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: 1) 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.

2) 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.

3) The results of the site investigation and 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.

4) 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 protect groundwater in line with your policies CP1 and DM9.

The submitted Preliminary Risk Assessment and Site Investigation Report (RSK, Reference: 23682-R01, October 2010) is based on the proposed use of residential purposes and has not adequately characterised the hydrogeological regime for the site or quantitatively assessed the risks to groundwater. As the report has revealed the presence of petroleum hydrocarbon contamination more work is required to ascertain the risks to groundwater to ensure suitable actions are taken to protect it.

This site is located in a Source Protection Zone 2 which means that groundwater here ultimately forms part of the public drinking water supply. If pollution reaches the groundwater then this may result in the loss of that abstraction point.

The ThamesRiver Basin Management Plan requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery. Without this condition, the impact of contamination could prevent the recovery of the Mid-Chilterns Chalk, a drinking water protected area. This water body is currently failing to achieve good chemical status.

Paragraph 109 of the National Planning Policy Framework, states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution.

Paragraph 120 states that local policies and decisions should ensure that new development is appropriate for its location, having regard to the effects of pollution on health or the natural environment, taking account of the potential sensitivity of the area or proposed development to adverse effects from pollution. Paragraph 121 also states that planning policies and decisions should ensure that adequate site investigation information, prepared by a competent person, is presented.

3.4Condition 2

No occupation of any part of the permitted development shall take place 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. It 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 protect groundwater in line with your policies CP1 and DM9 (see reason 1).

3.5Condition 3

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved. Reason To protect groundwater in line with your policies CP1 and DM9 (see reason 1).

3.6Condition 4

Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. Reason -To protect groundwater in line with your policies CP1 and DM9 (see reason 1).

3.7Condition 5

No infiltration of surface water drainage into the ground at this site is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approval details.

Reason - To protect groundwater in line with your policies CP1 and DM9 (see reason 1). Soakaways have been proposed at this site and while we encourage sustainable drainage systems using infiltration it needs to be shown that this will be clean surface water into uncontaminated ground.

3.8Herts and Middlesex Wildlife Trust - The site comprises buildings, bare ground, amenity grassland, improved grassland, scrub and scattered trees, a small pond and hedgerow. The GCN survey did not find any evidence of great crested newts, although there is some habitat suitability. No further surveys were deemed necessary. No evidence of bats was found in any of the buildings, and they were considered low/negligible suitability. One tree with potential bat roost features was identified, but no evidence of use by bats. The trees on site are anticipated to be retained within the scheme.

The consultant ecologist makes a few recommendations, as a precaution to minimise risks of harm to bats and great crested newts.

Resurvey for bats and great crested newts if works do not commence before March 2014 (or within 2 years of the most recent survey), to confirm there has been no change in protected species status;

Removal of buildings within daylight hours to avoid disturbance to foraging bats;

Implement a wildlife-sensitive scheme of lighting for the new development: keep lighting to the minimum required; use low intensity lights; direct lighting to where it is required and away from trees, hedgerows and ponds and other habitat features so these remain in the dark.

Bat tree inspection prior to any tree removal as a precaution;

In the event that bats or great crested newts are discovered during the course of works, work must cease immediately and advice be sought from a competent ecologist.

Recommendations : The developer should adhere to the recommendations made by the consultant ecologist, in the interests of preventing harm to protected species.

The Trust would furthermore encourage the developer to aim to enhance the biodiversity potential of the site, through appropriate layout, design and landscaping proposals. Trees and hedgerows within the site should be retained as far as possible, and enhanced with native species planting appropriate to the local landscape. Opportunities for wildlife can be created within the site, including through creating/restoring wildlife-friendly ponds, creating log piles, and installing bat boxes and bird boxes.