CASE OFFICER REPORT AND RECOMMENDATION

FOR: 16/04278/AOP

Nearton End Farm Nearton End Swanbourne Buckinghamshire MK17 0SL

Outline application with access to be considered and all other matters reserved for the demolition of workshop and other buildings and the erection of four houses with associated works (amendment to application 15/01716/AOP allowed on appeal)

STATUS: / PCO / * If status = HOLD – please check that all is OK before you proceed any further with this application. Please ensure Uniform is amended.
DRAWING NUMBERS: / SITE PLAN B
LOCATION PLAN
DATE VALID: / TARGET DATE: / DETERMINATION DATE: / DEVELOPMENT TYPE:
29th November 2016 / 24th January 2017 / 24th January 2017 / Q13 - Minor Dwellings

The Key Issues in determining this application are:

a)The planning policy position and the approach to be taken in the determination of the application.
b)Whether the proposal would constitute a sustainable form of development having regard to:
- Building a strong competitive economy
- Delivering a wide choice of high quality homes
- Promoting sustainable transport
- Conserving and enhancing the natural environment
- Conserving and enhancing the historic environment
- Promoting healthy communities
- Good design
- Meeting the challenge of climate change and flooding
c) Residential amenity
The recommendation is that the application is APPROVED subject to conditions.

CONCLUSION

The proposal has been evaluated against the Development Plan and the NPPF and the report has assessed the application against the core planning principles of the NPPF and whether the proposals deliver sustainable development. Paragraph 14 of the NPPF requires that where the development plan is absent, silent or relevant policies are out of date, planning permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies of the NPPF taken as a whole.

It is accepted that the development would make a contribution to the housing land supply, and this is a significant benefit to be attributed limitedpositive weight in the planning balance given the small number of dwellings proposed.

There would also be economic benefits in terms of the construction of the development itself and those associated with the resultant increase in population on the site to which limitedpositive weight should be attached. Although, such limited positive weight would be cancelled out by the loss of some employment space and as such this factor is afforded neutral weight overall.

Compliance with some of the other core planning principles of the NPPF have been demonstrated in terms of residential amenity, sustainable transport, healthy communities, design, natural environment, historic environment, and flood risk. However, these matters do not represent benefits to the wider area but demonstrate an absence of harm to which weight should be attributed neutrally.

Weighing all the above factors into the planning balance, and having regard to the NPPF as a whole, all relevant policies of the AVDLP and supplementary planning documents and guidance, in applying paragraph 14 of the NPPF, it is considered that the socialbenefits arising from the provision of additional housing, albeit at a limited level, outweigh any disadvantages of this development. As such, permission should be granted.

APPROVED subject to the following conditions:

  1. STC1 – approval of details
  2. STC3 – standard time condition for approval of reserved matters
  3. STC4 – standard time condition for commencement
  4. US01 – materials
  5. The details to be submitted in accordance with condition 2 above shall include full details of both hard and soft landscape works. For hard landscape works these details shall include means of enclosure, hard surfacing materials, and minor artefacts and structures. For soft landscape works these details shall include trees and hedgerows to be retained showing their species, spread and maturity, planting plans, and schedules of plants, noting species, plant sizes and proposed numbers/densities. These works shall be carried out in accordance with the approved details prior to the first occupation of the development so far as hard landscaping is concerned and for soft landscaping, within the first planting season following the first occupation of the development or the completion of the development whichever is the sooner.
  6. LDS5 – maintenance of planting
  7. BDT1 – boundary treatment to be submitted
  8. SLB1 – slab levels to be submitted
  9. DRA1 – details of drainage to be submitted
  10. The details submitted pursuant to condition 2 shall include parking and vehiclemanoeuvring space for each dwelling. No individual dwelling shall beoccupied until the approved parking and manoeuvring facilities to servethat dwelling have been formed and are available for use. The approved parking and vehicle manoeuvring facilities for each dwelling shall thereafterbe retained and not be used for any purposes other than the parking ofvehicles or providing access to and from the parking facilities.
  11. No other part of the development shall be occupied until the new means of access have been sited and laid out in accordance with the details subsequently approved and constructed in accordance with Buckinghamshire County Council’s guide note “Private Vehicular Access Within Highway Limits” 2013.
  12. Prior to the occupation of the development the new access to Nearton End shall be constructed in accordance with the approved plans. The access shall be constructed in accordance with; ‘Buckinghamshire County Council’s Guidance note, “Industrial Vehicular Access Within Highway Limits” 2013.
  13. Prior to the occupation of the development minimum vehicular visibility splays of 43m from 2.4m back from the edge of the carriageway from both sides of the new access onto Nearton End shall be provided in accordance with the approved plans and the visibility splays shall be kept clear from any obstruction between 0.6m and 2.0m above ground level.
  14. Within one month of the new access being brought into use the existing access onto Nearton End shall be permanently closed and stopped up in accordance with, the approved plans. For the avoidance of doubt the applicants will be required to enter into a S184 Agreement with the Highway Authority in order to comply with the requirements of this condition.
  15. The combined gross floorspace within the development hereby permitted shall not exceed 1000 square metres.

Reasons:

  1. RE01
  2. RE02
  3. RE02
  4. RE11 GP35 of AVDLP and NPPF
  5. RE14 GP38 of AVDLP and NPPF
  6. RE14 GP38 of AVDLP and NPPF
  7. RE16 GP8 and GP35 AVDLP and NPPF
  8. RE17 GP35 AVDLP and NPPF
  9. RE18 NPPF
  10. RE52 and to comply with the NPPF
  11. RE45 and to comply with the NPPF.
  12. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the developmentand to comply with the National Planning Policy Framework.
  13. Reason: To provide adequate visibility between the access and the existing public highway for the safety and convenience of users of the highway and of the access and to comply with the NPPF.
  14. Reason: In order to minimise danger, obstruction and inconvenience to users of the highway and of the developmentand to comply with the National Planning Policy Framework.
  15. Reason: In order to limit the amount of development to the threshold for financial contributions as set out in the revised National Planning Policy Guidance (May 2016).

INFORMATIVES

  1. INFH1 – working with the applicant
  2. In respect of condition 15 the gross floorspace should be measured externally and include garaging and outbuildings.
  3. The applicant is advised that the off site works will need to be constructed under a Section 184 of the Highways Act legal agreement. This Small Works Agreement must be obtained from the Highway Authority before any works are carried out on any footway, carriageway, verge or other land forming part of the highway. A minimum period of 3 weeks is required to process the agreement following the receipt by the Highway Authority of a written request. Please contact Development Management at the following address for information:

Development Management

6th Floor, County Hall

Walton Street, Aylesbury,

Buckinghamshire

HP20 1UY

Telephone 0845 2302882

  1. It is an offence under S151 of the Highways Act 1980 for vehicles leaving the development site to carry mud onto the public highway. Facilities should therefore be provided and used on the development site for cleaning the wheels of vehicles before they leave the site.
  2. No vehicles associated with the building operations on the development site shall be parked on the public highway so as to cause an obstruction. Any such wilful obstruction is an offence under S137 of the Highways Act 1980.

WORKING WITH THE APPLICANT/AGENT

In accordance with paragraphs 186 and 187 of the National Planning Policy Framework, the Council, in dealing with this application, has worked in a positive and proactive way with the Applicant / Agent and has focused on seeking solutions to the issues arising from the development proposal.

AVDC works with applicants/agents in a positive and proactive manner by;

  • offering a pre-application advice service,
  • updating applicants/agents of any issues that may arise in the processing of their application as appropriate and, where possible and appropriate, suggesting solutions.

In this case, AVDC has considered the details as submitted which were considered acceptable.

The determination of this application falls within the scope of Officer delegated powers
DATE: 24th February 2017 / SIGNED: Mrs Nina Hewitt-Jones

PROFESSIONAL CHECK:

Agree Recommendation and Officer exercising delegated powers / DATE: …27/02/17………………………..
OFFICER: …Mrs Nina Hewitt-Jones………………
Senior Planning Officer

Full report follows:

SITE DESCRIPTION

The site is located at the end of a cul-de-sac and bounded to the east by Nearton End Farmhouse. To the west is a bridleway running in a north-south direction beyond which are further dwellings including a property known as The Barn. To the north of the site is the access track leading to Nearton End Farmhouse and the north west are further dwellings.

PROPOSAL/DESCRIPTION OF DEVELOPMENT

The application seeks an amendment to the extant outline planning permission 15/01716/AOP which was allowed at appeal which access considered and all other matters reserved for the demolition of workshop and other buildings and the erection of four houses with associated works. The current application seeks to amend the access to the site.

RELEVANT PLANNING HISTORY

15/01716/AOP - Outline application with access to be considered and all other matters reserved for the demolition of workshop and other buildings and the erection of four houses with associated works. – Appeal Allowed

16/04240/APP - Minor amendment to location of approved access 15/01716/AOP – Application not proceeded with

PARISH COUNCIL COMMENTS

“This application is to slightly move and improve the position of the entrance to the proposed

development of four houses previously approved on appeal. The application seems reasonable,

so assuming there are no other changes intended, the Parish council have no objections.”

CONSULTATION RESPONSES

Environment Health – no objections

BCC Highways – no objections subject to appropriate conditions

REPRESENTATIONS

None received

EVALUATION

a) The planning policy position and the approach to be taken in the determination of the application

Attached at Appendix A is an Overview Report which provides background information to the Policy Framework to which regard has been had when coming to a decision on this application.

The starting point for decision making is the development plan, i.e. the adopted Aylesbury Vale District Local Plan. S38(6) of the Planning and Compulsory Purchase Act 2004 requires that decisions should be made in accordance with the development plan unless material considerations indicate otherwise. The National Planning Policy Framework and the Planning Practice Guidance are both important material considerations in planning decisions. Neither change the statutory status of the development plan as the starting point for decision making but policies of the development plan need to be considered and applied in terms of their degree of consistency with the NPPF, PPG and other material considerations.Determination of the application needs to consider whether the proposals constitute sustainable development having regard to Development Plan policy and the NPPF as a whole.

However, the AVDLP is time-expired therefore it is accepted that for the purposes of decision making, the approach outlined in paragraph 14 of the NPPF needs to be followed which states that where the development plan is out of date permission should be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the NPPF as a whole. The Council are currently preparing a new local plan; the Vale of Aylesbury Local Plan (VALP), adoption of which is expected in 2017 and therefore, no weight can be attributed to this Plan at this stage.

A number of saved policies within the AVDLP are considered to be consistent with the NPPF and therefore up to date so full weight should be given to them. Consideration therefore needs to be given to whether the proposal is in accordance with or contrary to these policies. Those of relevance are GP8, GP24, GP35, GP38 - GP40, GP45, GP59, GP84, GP86 – 88, GP90 and GP94. They all seek to ensure that development meets the three dimensions of sustainable development and are otherwise consistent with the core planning principles set out at paragraph 17 of the NPPF.

In terms of housing supply, figures for October 2016 (from the updated Buckinghamshire HEDNA) show that there is currently a 5.8 year supply of housing land.This uses the (October 2016) figure for Aylesbury Vale as the requirement figure (965 dwellings per annum), and doesn’t include any element of unmet need at this stage.

However, it is acknowledged that this continues to be an interim position as no element of unmet need that the Authority will be asked to accommodate in Aylesbury Vale is included. It would not be appropriate to include that unmet need element in the housing requirement as any potential unmet need figure is not agreed with other HMA authorities as yet.

This means that paragraph 49 of the NPPF is no longer engaged. However there are no up-to-date housing supply policies in AVDLP and the emerging VALP policies current have no weight, therefore the planning balance exercise in paragraph 14must still be applied. Further there is no made Neighbourhood Plan for Swanbourne.

b) Whether the proposal would constitute a sustainable form of development

The Government‘s view of what ‘sustainable development’ means in practice is to be found in paragraphs 18 to 219 of the NPPF, taken as a whole (paragraph 6). The National Planning Policy Framework (NPPF) has a presumption in favour of sustainable development which should be seen as a golden thread running through plan-making and decision-making.

It is only if a development is sustainable when assessed against the NPPF as a whole that it would benefit from the presumption in paragraph 14 of the NPPF. The following sections of the report will consider the individual requirements of sustainable development as derived from the NPPF and an assessment made of the benefits together with any harm that would arise from the failure to meet these objectives and how the considerations should be weighed in the overall planning balance.

In determining the extant outline permission at appeal, the Inspector concluded that “the general principle of redeveloping this site for residential purposes is unobjectionable” and noted that “the proposed houses would be sited between existing dwellings.” and the “development would amount to small scale infilling within swanbourne and would not result in the provision of isolated homes in the countryside. It is also of note that part of the site, i.e. the workshop building, can be considered as being previously developed land for the purposes of the Framework.”

The following sections of this report will consider the individual requirements of sustainable development as derived from the NPPF to ensure that the proposed access amendment would not alter the factors weighed into the balance at outline stage and that these matters also comply with the NPPF as a whole.

Building a strong competitive economy

The Government is committed to securing and supporting sustainable economic growth in rural areas in order to create jobs and prosperity by taking a positive approach to sustainable new development.

In allowing the extant appeal permission the Inspector concluded “The appeal development would result in some employment space in swanbourne being lost, although I understand that the appellants intend to relocate to premises which they consider would be in a more suitable location. While the loss of employment space is unfortunate, the premises are not ideally located for a commercial use, given the narrow width of Nearton End and Tattams Lane and I find this aspect of the appeal scheme to be unobjectionable under the economic dimension to sustainable development.”

In addition it is considered that there would be economic benefits in terms of the construction of the development itself and the resultant increase in population contributing to the local economy, although such benefit would be tempered given the small number of dwellings proposed.

The amendment proposed in this application relates to the access arrangement and such changes would not materially alter the potential economic impacts of the development.

It is therefore considered the scheme would have economic benefits, which should be affordedlimited weight in the overall planning balance.

Delivering a wide choice of high quality homes

Local Planning Authorities are charged with delivering a wide choice of high quality homes and to boost significantly the supply of housing by identifying sites for development, maintaining a supply of deliverable sites and to generally consider housing applications in the context of the presumption in favour of sustainable development (paragraphs 47-49).

The application is in outline form with all matters reserved. There is an indicative layout plan which shows 4 dwellings but the layout and housing mix is not for assessment at outline stage and would be addressed with any reserved matters submission. The proposed access arrangement would not materially alter the quantum of development.

Against the backdrop of the time expired Local Plan the provision of 4 dwellings is a significant benefit albeit the weight attributed is tempered to reflect the small number of units proposed and therefore limited positive weight is attached to this factor in the planning balance.