REDCAR AND CLEVELAND BOROUGH COUNCIL

PLANNING COMMITTEE (DEVELOPMENT MANAGEMENT)

COMMITTEE DATE: 29/09/2011

LIST: D

APPLICATION NUMBER: R/2011/0301/OOM

Application For: OUTLINE APPLICATION FOR A MIXED USE DEVELOPMENT COMPRISING A SUPERMARKET INCLUDING A PETROL FILLING STATION; RESIDENTIAL DWELLINGS; EXTRA CARE FACILITY; OPEN SPACE; PUMPING STATION; ELECTRICITY SUB-STATION AND ACCESSES

At: LAND OFF KILTON LANE BROTTON

APPLICATION AND SITE DESCRIPTION:

Outline planning permission is sought for development comprising a supermarket, petrol filling station, residential, care home, open space, pumping station, electricity sub station and access on 10.6 hectares (26.1 acres) of land at Kilton Lane Brotton. The development proposes a 1,700 square metre (18,300 sq feet) gross of retail food store, a 6 pump petrol filling station, a 40 bed extra care home and up to 160 dwellings (to include up to 25 bungalows,10 of which would be associated with the extra care home).

The application site is currently agricultural land located to the south of Brotton (outside the limits to development) to the north east of the roundabout at the junction of the By-Pass with Kilton Lane. The submitted documentation indicates that the site would be accessed from a new roundabout proposed approximately 37 metres (some 121 feet) north of the existing roundabout.

The site lies between the By-Pass to the south and a residential estate and agricultural land to the north with agricultural land to the east and west.

A Design and Access Statement, Archaeology Assessment, Phase 1 Habitat Survey, Landscape and Visual Impact Assessment, Flood Risk Assessment, Retail Impact Assessment and Transport Statement have been submitted to support the application.

The Statement of Community Involvement advises that the response to the development as a result of the pre application consultation was generally supportive.

DEVELOPMENT PLAN:

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that applications for planning permission be determined in accordance with the development plan unless material considerations indicate otherwise.

Regional Spatial Strategy

Policy 2 – Sustainable Development

Policy 3 – Climate Change

Policy 4 – Sequential Approach to Development

Policy 6 – Locational Strategy

Policy 7 – Connectivity and Accessibility

Policy 8 – Protecting and Enhancing the Environment

Policy 10 – Tees Valley City Region

Policy 11 - Rural Areas

Policy 12 – Sustainable Economic Development

Policy 24 – Delivering Sustainable Communities

Policy 25 - Urban and Rural Centres

Policy 28 – Gross and Net Dwelling Provision

Policy 29 – Delivering and Managing Housing Supply

Policy 30 - Improving Inclusivity and Affordability

Policy 31 – Landscape Character

Policy 32 – Historic Environment

Policy 33 – Biodiversity and Geodiversity

Policy 35 – Flood Risk

Policy 38 – Sustainable Construction

Policy 40 – Planning for Renewables

Policy 54 – Parking and Travel Plans

Redcar and Cleveland Local Development Framework:

Core Strategy

CS1 Securing a Better Quality of Life

CS2 Locational Strategy

CS6 Spatial Strategy for East Cleveland and the Villages

CS12 Rural Economy

CS13 Meeting Housing Requirements

CS14 Phasing of Housing Development

CS15 Delivering Mixed and Balanced Communities and Quality Homes

CS17 Housing Density

CS18 Town, District and Local Centres

CS19 Delivering Inclusive Communities

CS20 Promoting Good Design

CS22 Protecting and Enhancing the Borough’s Landscape

CS24 Biodiversity and Geological Conservation

CS25 Built and Historic Environment

CS26 Managing Travel Demand

Development Polices

DP1 Development Limits

DP2 Site Selection

DP3 Sustainable Design

DP4 Developer Contributions

DP5 Art and Development

DP6 Pollution Control

DP7 Potentially Contaminated and Unstable Land

DP11 Archaeological Sites and Monuments

Landscape Character SPD

Urban Design Guidelines SPD

Design of Residential Areas SPD

Draft Affordable Housing SPD

Redcar and Cleveland Local Plan 1999 Saved Policies

H8 – Exceptions Policy for Affordable Housing

H9 – Affordable Housing

Tees Valley Structure Plan 2004 Saved Policies

STRAT1 – Locational Strategy

H6 – Range of House Types

OTHER POLICY DOCUMENTS:

PPS1 (and Supplement) – Delivering Sustainable Development

PPS3 - Housing

PPS4 – Planning for Sustainable Economic Growth

PPS5 – Planning for the Historic Environment

PPS7 – Sustainable Development in Rural Areas

PPS9 – Biodiversity and Geological Conservation

PPS22- Renewable Energy

PPS23 – Planning and Pollution Control

PPG24 – Planning and Noise

PPS25 (and Supplement) – Development and Flood Risk

PPG13 – Transport

Draft National Planning Policy Framework

Ministerial Statement: Planning for Growth 23 March 2011

Economic Regeneration Master Plan

Redcar and Cleveland Aging Well Strategy

Strategic Housing Land Availability Assessment (SHLAA)

Strategic Housing Market Assessment (SHMA)

PLANNING HISTORY:

By letter dated 7 June 2011 the applicant’s agent was advised that an Environmental Impact Assessment was not required.

RESULT OF CONSULTATION AND PUBLICITY:

This application has been advertised as a Departure from the Development Plan by both press and site notices. The application has also been subject of local consultation.

27 objection letters/e-mails have been received objecting on the following grounds:

·  Disagree that there is considerable support.

·  The site is outside the limits to development and agricultural land. Not a rural base enterprise and does not meet exceptions policy. This not agricultural diversification.

·  Thought site was green belt.

·  Brotton will start to merge with Carlin How.

·  Detriment to quality of life. Loss of privacy. Loss of view. Light pollution.

·  People of Brotton are happy with its size and the facilities it has.

·  Housing need already being met. Preferred site for the Council is land east of Brotton Brickyards. Other sites for house building. Taylor Wimpey has no interest in affordable homes and there are enough executive homes in Brotton already.

·  State 40 -50 jobs would be created during construction – do not show the carbon emissions.

·  If bungalows are needed why not build them at Newbury Road.

·  No need for a supermarket.

·  Purchased property because it was on the outskirts of the village in a semi rural location.

·  Detracts from the rural area. Suggest stand at the roundabout and look up all you will see are houses and buildings.

·  Other shopping centres will suffer.

·  A supermarket is not a small business and stock not likely to be sourced locally – profits will go elsewhere.

·  The proposal would necessitate screening from noise from the by-pass.

·  Care facilities included to get round development of agricultural land.

·  Property will be devalued.

·  Petrol station does not need to be on a greenfield.

·  Take pleasure in the wildlife, there are nesting birds and bats. Deer visit nearby field. There is a natural spring at the bottom of the garden –ground is waterlogged and newts visit domestic pond. Badgers also visit the site.

·  Suspect planning to be hurried through in order to beat any chance of the outlined area being protected green belt.

·  Have constantly complained about the danger of Kilton Lane roundabout, nothing has been done about it. Another roundabout on Kilton Lane will make the situation more dangerous.

·  With regard to the care home, a good one has just been demolished to make way for a residential dwelling. The East Cleveland Hospital is not being fully used and being use for the elderly. A Home could have been re provided at that site.

·  More residential development means more cars.

·  A supermarket being built means more cars. Unacceptable increase in traffic. Kilton Lane is a small rural lane never designed to accommodate the traffic envisaged.

·  Noise and emissions from vehicle traffic will astronomical.

·  Concern about air quality, ground stress, carbon emissions

·  A supermarket and the car park would be a haven for anti social behaviour.

·  The only leisure facility offered is a playground. This is not suitable for teenagers who use the playgrounds to drink and vandalise.

·  The SHLAA shows that Northumbrian Water has indicated that there are restricted water supplies at the top of Brotton and major investment would be required to supply new developments. Who will pay? Could the sewerage cope?

·  More dwellings will mean more children and the schools in Brotton are already oversubscribed.

·  There are regular power cuts –what steps have been taken to ensure this does not happen in future?

·  What about when it snows and people have difficulty getting out of the estates? Have witnessed difficulty in accessing the hospital. New development would make the situation worse.

·  Those close to the site will be disturbed by delivery vehicles and neon lights in the evening and early morning.

·  Would compromise pedestrian safety – children crossing to the school.

·  A petrol station and food store are being proposed at Skelton off the by-pass where it would not affect residential property.

·  Do not need two petrol stations and two supermarkets within a mile of each other.

·  The Skelton development is supported.

·  If no contracts were agreed with a supermarket/petrol stations/care home would there be a second application for housing?

·  If passed would the next phase be off roundabout in the opposite direction?

·  Where is the market research to justify further expansion or a supermarket and petrol station when many have closed over recent years? Garages have been closed as a result of cheap subsidised petrol at stores like ASDA.

·  The supermarket will kill the last shops in the high street. Do not agree that the supermarket would be used for the main shop and the high street for top up shopping. Most people in Brotton commute to work and shop on their way home from work so there is no need fro special trips to the larger supermarkets.

·  It is claimed 20 jobs would be created but what about those lost from the high street?

·  Ideal site for a petrol station is on the Skelton by-pass

·  This area is a buffer zone to reduce noise from the by-pass. It should remain greenfield. The site is outside the limits to development.

·  There has been a glut of houses in Brotton in recent years –plenty of which remain unsold. Brotton does not need any more housing. It used to be a village but now it is classed as a town.

·  Part exchange of houses often leaves houses empty for a long time to then be sold cheap and undervaluing nearby houses.

·  Would set precedent.

·  Will move away –already have a transmitter station.

·  Why build a petrol station near houses?

·  Litter problems likely as it is very windy at the top of Brotton.

·  Understand this land was going to be used as a cemetery and people of Brotton can no longer be buried in Brotton. People of Brotton have a right to be buried in their home village.

·  Concerned with the manner the applicant has prepared their justification for the foodstore.

·  Question what the applicant means by limited line discounter? Are unaware of any planning controls that can be imposed to restrict the use. If the site is used by any retailer it undermines the applicant’s case.

·  To be acceptable the site has to be well served by alternative means of transport and acceptable in all other respects including impact.

·  Question the low density rate of £5000 without supporting information.

·  The retention rates are unlikely to realistically be achieved.

·  The impact on centres has been underestimated. The two proposed stores will be a disincentive to use existing centres.

·  The Authority should seek independent advice.

·  No evidence the site is accessible by other means of transport.

2 e-mails have been received in support of the proposal making the following comments:

·  Brotton has steadily grown over the past few years and with further housing being constructed clear demand exists for a supermarket, petrol station and care home.

·  Further housing stock should be welcomed to accommodate employees moving to the development area and also as a base for other people to commute to Redcar. Middlesbrough and areas of North Yorkshire as set out in the Councils aims to attract inward investment.

·  Overall the development would help improve the economic outlook of Brotton and reverse downward trends

·  The development site also places the community at the heart with an area dedicated to the community, something Brotton currently lacks.

·  Would prefer Brotton to be approved rather than a separate standalone supermarket at Skelton.

·  Development can only be good news but recommend that a T-junction rather than roundabout access.

Parish Council

Skelton and Brotton Parish Council request a Public Consultation Meeting.

Natural England

Natural England are satisfied that the extended Phase 1 Habitat Survey has been carried out to an appropriate standard and that the development would not have a significant impact on any protected species or designated nature conservation sites. Advise that the recommendations in paragraph 5.2 of the report regarding nesting birds are adhered to. All species of birds, their nests and eggs are protected under the Wildlife and Countryside Act 1981 (as amended). Natural England also support the use of native species of local provenance for landscape planting as this will help to complement existing vegetation in the wider area.

The North Yorkshire and Cleveland Heritage Coast is located to the north of the proposed development and borders the north east corner of the site. Furthermore, landscape issues should be considered with any proposal, as the development should always complement the local character and distinctiveness of the surrounding area. The landscape and visual assessment appears to have been carried out to an appropriate methodology, and has adequately assessed the impact of the proposed development on a range of visual receptors and on the landscape character itself. They welcome the proposed planting around the perimeter of the site that will help to mitigate the landscape impact. However, the impact on the Heritage Coast does not appear to have been considered. They outline the aims of the Heritage Coast and advise the Authority to ensure it considers sufficient information has been submitted to demonstrate that the development will not have a significant impact on the North Yorkshire and Cleveland Heritage Coast.

Natural England welcomes the provision of good pedestrian links to and from the site, including maintenance of the existing footpath, and provision of cycle parking facilities at the supermarket. They are pleased to note that the development would provide a range of services within walking distance of Brotton. The establishment of a Framework Travel Plan is also welcomed. Advice that priority measures for cyclists should be provided throughout the site.