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11 PLANNING COMMITTEE 31 March 2015 APPLICATION NUMBER : CA//14/02087/FUL PROPOSAL : Redevelopment of site to provide two detached dwellings with detached garages, shared access and associated landscaping. LOCATION OF SITE : Land off Chapel Lane, Broad Oak, Sturry. APPLICATION TYPE : FULL APPLICATION DATE REGISTERED : 04 October 2014 GOVERNMENT PERFORMANCE TARGET DATE : 29 November 2014 CONTACT OFFICER : David Lane CONSERVATION AREA : NO LISTED BUILDING : NOT LISTED WARD : STURRY NORTH APPLICANT : Mr T Wells AGENT : Clague Architects SUMMARY: The application seeks full planning permission for the erection 1 x 4-bedroom and 1 x 5-bedroom detached residential properties and associated garages. The main issues relate to the principle of development, impact of upon the character and appearance of the area, residential amenity and highway matters. Also consideration is given to the impacts on biodiversity, the landscape and trees. The application is reported to the Planning Committee in view of the number of representations received. RECOMMENDATION: Grant; Subject to the imposition of conditions as set out at the end of this report. SITE DESCRIPTION 1. The application site is undeveloped land situated on the south-eastern edge of Broad Oak, north of Chapel Lane. The plot is broadly rectangular is shape and is currently a grass field bounded by tree planting around the site perimeter and a small area of a pond that lies within the site on its eastern edge. Access to the site is via an existing hard-core track linking with Chapel Lane. The access track is lined by trees which, on the eastern side, are protected by Tree Preservation Order (TPO). Information submitted indicates that the site was formerly a piggery; however there is no evidence of this remaining other than a small area of hard-standing within the site.

12 2. To the north is undeveloped land that appears to form part of The Commons located to the rear of properties fronting Sweechgate and Shalloak Road. To the east is a large pond bordered by trees, predominantly Sallow Willow and Birch, which are preserved by Tree Preservation Order. The adjoining plot to the south is occupied by a single dwelling granted planning permission in 2013, and further south is Chapel Lane which provides vehicular access for a number of other residential dwellings. Chapel Lane is also a public footpath. To the west are properties fronting Shalloak Road arranged in a ribbon development pattern along the public highway. PROPOSED DEVELOPMENT 3. The proposal under consideration is for the erection 1 x 4-bedroom and 1 x 5-bedroom detached residential properties and associated garages. The new two-storey dwellings would be in a mix of brick, weather-boarding, timber windows with slate and tiled roofs. Three parking spaces would be provided for each dwelling with access from Chapel Lane. PLANNING HISTORY 4. PRE/14/ A pre-application advice enquiry was submitted in 2014 to explore the acceptability of two dwellings at this site. Officers considered that the plot was an in-fill site and accepted the principle of development. 5. CA/04/01696/STU - Outline planning permission was refused in January 2005 for the erection of two dwellings. The reasons for refusal were:- The proposed development is contrary to Policies RS1 and RS2 of the Kent Structure Plan and D1 and R21 of the Canterbury District Local Plan which indicate that new residential development will only be allowed in appropriate locations at villages and rural settlements such as the infilling of otherwise built up frontages or within the built confines of those settlements, or exceptionally where there is some overriding local justification. In the opinion of the local planning authority the site does not represent infilling, is not within the built confines of the settlement and the development is not otherwise justified in this rural location. The proposed development would be contrary to policy D1 of the Canterbury District Local Plan in that by reason of the distance of the proposed dwellings from the public highway, the lack of adequate service vehicle and fire appliance turning facilities close to the proposed dwellings, and the poor surface condition, limited width and lack of lighting on Chapel Lane this route would not represent a safe means of access to the site. Furthermore, given the status of Chapel Lane as a public footpath the proposed development would cause undue potential for pedestrian/vehicular conflict. For the foregoing reasons the proposal is considered to be contrary to highway safety interests. The site adjoins an area where Great Crested Newts, a protected species, are known to be present and breeding but the application contains insufficient information to demonstrate that wildlife interests will be protected both during and after the development and the proposal does not therefore demonstrate compliance with policies D33 and D34 of the Canterbury District Local Plan.

13 RELEVANT PLANNING HISTORY OF ADJOINING SITES Bees End, Chapel Lane, Broad Oak, Sturry CT2 0QG 6. CA/13/00791/FUL - Planning permission was approved by the Development Management Committee in August 2013 for the erection of a new dwelling. 7. Planning permission was granted (Ref No CA/10/01331/FUL) in 2010 for the change of use of land for the stationing of one residential mobile home and one touring caravan with the retention of a pole barn, hen house and service equipment building. At present only one touring caravan is present on the site. A subsequent planning permission was granted (Ref No CA/12/00083/FUL) in 2012 for the erection of a garage/workshop and amended siting of the static caravan approved in In 1990 (Ref No CA/90/01095/STU) planning permission was refused for the erection of two dwellings on the site. In 2004 (Ref No CA/04/01696/STU) outline planning permission for the erection of two dwellings was also refused. This was on the grounds that the development would be outside of the built confines of the settlement and not justified in this rural location. Further the distance from the public highway, lack of service vehicle and fire appliance turning facilities, the condition of Chapel Lane and conflict with pedestrians was considered contrary to highway safety. It was also deemed that there was insufficient information demonstrating that wildlife interests would be protected during and after the development. DESIGNATIONS 9. The site is not subject to any particular designations. A Tree Preservation Order is in place on trees on the adjacent plot to the south-east. PLANNING POLICIES 10. National Planning Policy Framework (NPPF): Section 1 Delivering Sustainable Development Section 4 Promoting Sustainable Transport Section 7 Requiring good design Section 10 Meeting the challenge of climate change, flooding and coastal change Section 11 Conserving and enhancing the natural environment Section 12 Conserving and enhancing the historic environment 11. Canterbury District Local Plan First Review 2006 (CDLP): BE1 - High quality designs, sustainable developments and specific design, amenity and landscape criteria to which the Council will have regard: cross-refers to SPGs. BE16 - Appropriate archaeological recording works. C9 - KCC Vehicle & Cycle Parking Standards with local variations. H1 - Residential development on allocated & non-allocated sites. IMP2 - Section 106 Agreements; contributions to be sought from developers for social, recreational or community facilities. NE1 - Site surveys where protected species known or suspected. NE2 - Replacement natural habitat when existing habitat lost. NE5 - Retention of trees, hedgerows and woodland or other landscape features. 12. Canterbury District Local Plan - Publication Draft June 2014: SP1 - Presumption in favour of sustainable development unless material considerations indicate otherwise. T9 - KCC Vehicle & Cycle Parking Standards with local variations. DBE1 - All development to incorporate sustainable design and construction measures. DBE3 - Development proposals to be of high quality.

14 DBE7 - New housing to have acceptable standard of accommodation to meet minimum space standards. DBE9 - Residential intensification acceptable in existing residential areas and on allocated housing sites. LB9 - All development to avoid a net loss of biodiversity and pursue opportunities to achieve a net gain. 13. Supplementary Planning Documents/Guidance (SPDs/SPG): Development Contributions SPD adopted 2007 Sustainable Construction SPD adopted 2007 Guidelines to Control Residential Intensification 2008 Trees & Development SPD adopted September WRITTEN REPRESENTATIONS 14. Objections have been received from No. 96a Shalloak Road, Mead Manor, the Broad Oak Preservation Society and from Sturry Parish Council on the following grounds:- Contrary to a similar proposal refused in January The site is effectively back-land development. The access road is inadequate to serve the proposed properties and is also a public footpath resulting in conflict. Difficult access for emergency services. The site is located near to where Great Crested Newts are known to live and breed. Drainage issues. Adverse impact on privacy from overlooking. No precedent set by Bees End development. Visual instruction in views. Sense of enclosure created by development. Noise and disturbance. Outside of the built confines of the village. Precedent for future development on green spaces before adoption of draft Local Plan. Site does not form part of, or border, the proposed Broad Oak strategic housing sites in the draft Local Plan. Covenant restricts vehicle access along Chapel Lane. 15. Sturry Parish Council raises the following points:- The access road is small and poorly maintained and is not suitable for an increase in traffic, the access with Shalloak Road is challenging due to traffic volumes and visibility. The proposal is unacceptable proliferation of back-land development that is discouraged in planning policy. TECHNICAL CONSULTATIONS 16. Southern Water - The exact position of foul sewers must be determined on site and no development should be within 3m either side of the centreline; no new soakaways within 5m of the sewer and all existing infrastructure should be protected during the course of construction works. The owners of the premises will need to maintain the package treatment plant and it is recommended that they contact the Environment Agency. There are no public sewers in the area to serve the development. Alternating means of drainage surface water from the development are required. Details of SUDs should

15 be seen by the Council s technical staff. Should any sewer be found during the course of construction works an investigation should be conducted into its condition, properties served and potential means of access. 17. Kent County Council (KCC) - Highways - Following provision of the turning area KCC Highways raise no objections subject to conditions. 18. KCC - Regeneration Projects - Contributions are requested towards primary and secondary schools. 19. KCC - Ecology - We have reviewed the ecological scoping survey which has been submitted with the planning application and we are generally satisfied with the conclusion of the submitted report and advise that no additional information is required prior to determination of the planning application. The ecological information submitted with the planning application has confirmed that the majority of the site is regularly mown grassland and as such has limited potential to contain suitable habitat for protected/notable species. The main interest appears to be the hedgerows/woodland areas around the boundary of the site which should be enhanced with native species. Any lighting scheme should be designed to minimise impact on foraging and commuting bats. Details of the lighting scheme (designed with input from an ecologist) must be submitted as a condition of planning permission if granted. It is likely that birds will be nesting within the hedgerows. All nesting birds and their young are legally protected under the Wildlife and Countryside Act 1981 (as amended) as such any clearance of vegetation must be carried outside of the breeding bird season (March August inclusive). If that is not possible an ecologist must examine the site prior to works starting to ensure no nesting birds will be disturbed - if any nesting birds are present all works must cease until all you have fledged. The possibility of badgers foraging within the site could not be ruled out. As such the precautionary mitigation detailed within the report must be implemented during the construction works if planning permission is granted. Ecological enhancements are recommended. 20. CCC - Environmental Health - No objections provided hours of construction operations are secured by condition. Also a human health risk based assessment including sampling should be carried out and remediation proposed. Details to be submitted prior to commencement of works. 21. CCC - Engineers - The site lies entirely within Flood Zone 1 as shown on mapping supplied by the Environment Agency. This is the zone at least risk of flooding. The applicant indicates that surface water run-off from the development will be discharged to a soakaway. Details of the detailed design for the surface water drainage and maintenance should be submitted by condition. In terms of foul drainage it is intended to use a package treatment plant. Details of this would need to be submitted and approved by condition. 22. CCC - Trees - The scheme proposes the loss of two 7m tall, multi-stemmed Goat Willow trees to provide usable garden space. The trees are characteristic of the area but are

16 relatively small, not likely to be visible from outside the site and therefore of limited amenity value to the area. They are on the edge of a larger area of scrub and the loss of these trees is not considered significant. The Arboricultural Report also proposes the removal of a group of Hawthorn, Elder and Holly, forming part of the western boundary of the site, mainly on the grounds of being covered in dense ivy rather than to facilitate the development. Again, these are not visible from the access and the felling is not likely to be significant. The access track passes immediately adjacent to an area of Willow trees protected by a Tree Preservation Order. The Arboricultural Impact Assessment gives recommendations for providing a suitable surface that minimises harm to these trees. If consent is granted, it should be subject to a condition requiring compliance with these recommendations and other tree protection measures as detailed in Section 5 of the report. FLOODING and DRAINAGE CONSIDERATIONS 23. The application site lies entirely within Flood Zone 1, the zone at least risk of flooding and of little concern. 24. Information submitted in support of the application indicates that surface water will be attenuated by way of soakaway. Whilst this in itself is not objectionable it is recommended that further details including maintenance and management plan are submitted by condition. Similarly, details of foul water disposal to a package treatment plant would be required. Despite concerns raised in representations of the potential of waste water leaching into the ground, the Council s Engineers and KCC Ecology raised no objection to this method subject to further detail to be submitted and approved. In this respect, information regarding the plant s positioning and details of the flow of treated water coming from the plant can be established. Also, a detailed maintenance and management scheme can be determined. ASSESSMENT 25. The main issues relate to the principle development, the impact of the development upon the character and appearance of the area, neighbouring residential amenity and highway matters. Also considered are ecology and arboricultural matters. The principle of development 26. The application site is undeveloped land sited reasonably close to dwellings on the edge of Broad Oak, but was considered outside the built confines of Broad Oak in an outline planning application for two dwellings refused in 2005 (Ref No CA/04/01696/STU). In 2013 the Development Management Committee approved an application for a single dwelling on the adjoining plot to the south (Ref No CA/13/00791/FUL) so that the application site now adjoins residential curtilages to the south as well as the west. Further residential accommodation is located in the area both on Chapel Lane and Shalloak Road. It is also noted that the current publication draft version of the Local Plan 2014 allocates the adjoining land to the north, east and south as a strategic housing site comprising 1000 dwellings with employment and retail floor-space. 27. The Local Plan 2006 is clear in paragraphs that any housing provision outside urban areas should be limited to existing villages, such as Broad Oak, and exceptionally in the open countryside. Whilst in 2005 it was considered that the site was located outside of the built confines of Broad Oak, it does not automatically follow that the location is now unacceptable in principle particularly given the significant changes to planning policy since that time. Paragraph 55 of the NPPF allows housing outside of settlements on sites located where it will enhance or maintain the vitality of rural communities provided they are not isolated. In this case the application site is located on the edge of Broad Oak adjoining existing residential curtilages to the west and south and

17 within a reasonable distance to local amenities and facilities. Indeed, the distance from facilities is comparable to the recently granted dwelling to the south, and other properties positioned on Chapel Lane and Shalloak Road. As such, the site is not isolated being located as part of an existing community and in a location that would provide valuable rural housing to the village thus enhancing the vitality of the local community. 28. Paragraph 216 of the Planning Practice Guide (PPG) requires weight to be given to relevant policies in emerging plans, thus some consideration should be given to the strategic site allocation to neighbouring land which would enclose the site to the north, east and south. Taking this allocation and position of existing residential properties into account, the site would be fully enclosed by development on all sides rendering the site an infill development. Even if the strategic site is not built out, its allocation nonetheless demonstrates that the surrounding area is considered appropriate for development. 29. The vacant grassed field is not currently in use for agricultural purposes and, in any case, is not of a significant size or resource to object to its loss in terms of food production. Therefore, taking into account the location of the development close to existing dwellings within Broad Oak, and in view of the strategic housing site allocated for surrounding land, it is concluded that the development of this site is acceptable in principle. Impact on amenity 30. The siting and layout of the proposed dwellings would see them set back from Chapel Lane and screened from surrounding properties with existing boundary planting. The proposed dwellings will be separated by between 8-9m from each other, 13m to Bees End to the south and over 44m from the properties on Shalloak Road. The proposed siting of the dwellings would be such that they would not be overbearing or result in unacceptable levels of overlooking. Also, In view of this, the position, orientation and separation to surrounding properties would safeguard amenity. 31. Although there was an objection on the basis that the housing would result in noise and disturbance, this is not considered an issue to warrant refusal. The surrounding area is predominantly residential in nature with family housing on Shalloak Road and Chapel Lane. It is not considered that the impact of two dwellings would result in disturbance that would be of a magnitude to be prejudicial to the reasonable enjoyment of any of the surrounding residential properties. 32. It is noted that a neighbour objection was based on visual intrusion of the properties in views across this field. As the site is well screened and the properties reach an appropriate two storeys it is not anticipated that the proposal would be particularly prominent in views, nonetheless the loss of a view is not a material consideration for the purposes of planning. 33. In terms of future occupiers, the proposed living accommodation provides dual aspect accommodation to all dwellings with adequate internal layout and living spaces. Ample garden areas to the rear would be provided to the properties ensuring that an acceptable level of amenity would be provided for future occupiers. It is considered that the amount of built form proposed is in proportion to the plot size and that the dwellings proposed would sit comfortably on the site without appearing unacceptably cramped. 34. A Core Planning Principle of the NPPF is to provide a good standard of amenity for the future occupants of the buildings. Section 7 requires the creation of attractive and comfortable places for people to live and visit and Policy BE1 of the Local Plan and Residential Intensification SPD dated December 2007 require a high quality design that responds to the objectives of sustainable development. In this case, the proposed

18 development is considered consistent with national and local planning policy. Design and appearance 35. The properties on Shalloak Road and Chapel Lane are characterised by detached and semi-detached buildings arranged in a ribbon fronting the road. The buildings have a variety of designs, materials and ages. 36. The scheme comprises two detached dwellings appropriately positioned within a reasonably large plot. At two storeys the proposal is reflective of the surrounding built context and ensures the dwellings would not be unduly prominent, particularly given their position set back from the road and screened behind an established boundary planting. In terms of appearance, each of the properties would have a distinct footprint and appearance, but in traditional forms found locally. The variety shown in the design of each property responds positively to the area particularly to the mix of forms and designs evident locally. The properties would benefit with pitched roofs, chimneys and bay windows add both visual interest and are reflective of the area. Materials would be a mix of brick and weather board, with clay tiles and slates which are sensitive to the context. Overall, the proposal is considered to be in-keeping with the character and appearance of the area. 37. Officers are satisfied that the number of units and their position within a generously proportioned plot would not have a significant urbanising effect to the village or wider area. The retention of trees, boundary planting and large grassed areas and absence of large areas of hard-standing ensure the greened aesthetic is not completely lost. The proposal is sensitively designed and would fit comfortably within the context. Parking and highway safety 38. The application site is accessed from an exiting track leading to Chapel Lane, a private road connecting with Shalloak Road. Both houses will benefit from detached garages providing car and cycle parking. Further parking is available to the front of garages if required. 39. Representations received from neighbours consider that Chapel Lane is inadequate to serve the proposed development. Chapel Lane, however, already provides vehicular access to a significant number of properties and was considered appropriate in the 2013 permission for a new dwelling at Bees End (Ref No CA/13/00791/FUL). It is not considered that two additional dwellings using Chapel Lane and the footpath that runs along it would result in any material impact upon highway safety or amenity. Further, the proposal is unlikely to materially increase activity at the junction of the site with Shalloak Road. 40. The private road leading to the proposal site is adequate for vehicle access and on-site provision for turning allows vehicles to enter and leave the site in the forward gear and the turning tracking for a fire appliance has been demonstrated to the satisfaction of the Highway Authority. The number of parking spaces would accommodate the parking needs generated by the proposal considering the scale of development and is in accordance with the standards as set out by the Kent Design Guide Review: Interim Guidance Note 3 entitled Residential Parking. The parking spaces will be made available prior to the use of the site commencing by condition to ensure that interim overspill parking is minimised. As such, Kent Highways considers the proposal is adequately mitigated against and foresees no material highway issues. 41. Cycle parking is proposed on the site to the garages and will go some way to generating and supporting a modal shift towards more sustainable modes of transport by residents. Waste storage is proposed to the entrance of the site and will be provided and retained

19 by condition. 42. In other matters, a representation indicates that an existing covenant restricts vehicle access along Chapel Lane. A site plan was submitted in an attempt to demonstrate this, however the extent or veracity of the convenant is unclear and this matter is not, in any case, a planning consideration. It is a civil matter, but the application site has enjoyed access via Chapel Lane for many years as historic maps demonstrate and this is not considered a constraint in determining this application. Biodiversity and trees 43. With regard to Statutory Nature Conservation Sites the site is located within 1km of the West Blean and Thornden Woods and Sturry Pit SSSI and within 1km of Little Hall and Kemberland Woods and Pasture Local Wildlife Site. Despite this the proposal is relatively small scale and restricted to the site within areas of improved grassland and hard standings. As such, the proposed development is unlikely to affect any protected sites. 44. A Phase 1 Habitat survey has been submitted in support of the application which assessed the habitats and details of protected species. The survey concluded that the habitats on site are widespread and of low ecological value being dominated by grassland, gravel hard-standing and species poor hedgerows. The water body to the eastern boundary of the site, whilst offering more potential for protected species, is currently heavily shaded by trees and silted having had little management in recent years. 45. In terms of protected species the Survey reports no evidence of badgers and that the on-site habitat offers little value for dormice, bat roosts, or reptiles. It is considered that there is suitable habitat present for breeding birds as such it is recommended that removal of trees avoids the breeding season. As a precaution a KCC Ecology was consulted on the information and accepts the findings but requires conditions for external lighting and biodiversity measures. 46. One of the principles of the National Planning Policy Framework is that opportunities to incorporate biodiversity in and around developments should be encouraged. In this case, there may be scope to enhance biodiversity across the site. The additional tree planting and soft landscaping will provide opportunities for local wildlife however further information should be submitted regarding the incorporation of other measures including bat and bird boxes. 47. An Arboricultural Impact Assessment has been submitted with the application. This, together with tree survey and protection drawings, shows the proposal will result in the removal of two multi-stemmed Goat Willow trees to provide usable garden space and a group of Hawthorn, Elder and Holly, forming part of the western boundary of the site, mainly on the grounds of being covered in dense ivy rather than to facilitate the development. The trees are characteristic of the area but are relatively small, not likely to be visible from outside the site and therefore of limited amenity value to the area. They are on the edge of a larger area of scrub, and the loss of these trees is not considered significant. 48. The access track passes immediately adjacent to an area of Willow trees protected by a Tree Preservation Order. The Arboricultural Impact Assessment gives recommendations for providing a suitable surface that minimises harm to these trees. If consent is granted, it should be subject to a condition requiring tree protection measures to be implemented in accordance with section 6.2 of British Standard 5837 Trees in relation to design, demolition and construction Recommendations. New planting and landscaping details

20 should be submitted by condition. Sustainability 49. The Sustainable Construction SPD adopted 2007 requires developments to meet the highest possible environmental standards, including targets based on the Code for Sustainable Homes and BREEAM (Building Research Establishment Environmental Assessment Method) standards. New residential development should achieve a minimum of Code for Sustainable Homes Level 4. To demonstrate the proposed development achieves this level it is reasonable, should consent have been granted, that a condition be imposed that requires an Interim Code Certificate and Final Code Certificate or post-construction certificate/report, certified by the BRE or other appropriate assessor, to be submitted to the Local Planning Authority. Other issues 50. It is noted that KCC Regeneration Projects requested contributions for education, however in view of the changes to the Planning Practice Guidance (Paragraph: Reference ID: 23b ) in November 2014 which states that tariff style planning obligations should not be sought from small scale and self-build development, the entering into a legal agreement for contributions is not considered necessary in this case. Conclusion 51. Based on the above assessment it is considered that the proposal would not have a detrimental impact upon the character and appearance of the area, the amenities of neighbouring occupiers or the safety of users of the public highway. Also, it would not unduly affect the landscape or biodiversity. It is therefore recommended that planning permission be granted.