Case Officer: Tony Wallace File No: CHE/15/00594/OUT Tel. No: Plot No: 2/1273/1292 Date: 7 th November 2015 ITEM 4

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1 Case Officer: Tony Wallace File No: CHE/15/00594/OUT Tel. No: Plot No: 2/1273/1292 Date: 7 th November 2015 ITEM 4 OUTLINE PLANNING APPLICATION FOR UP TO TEN DWELLINGS AT LAND SURROUNDING Nos 146 TO 152 HADY LANE, CHESTERFIELD, S41 0DE Local Plan: Ward: Open Countryside and Other Open Land St Leonards 1.0 CONSULTATIONS Highways DCC Ward Members CBC Leisure Services Environment Agency Environmental Health DCC Planning Coal Authority DCC Flood Team Drainage Services Yorkshire Water Natural England Derbyshire Wildlife Trust CBC Spatial Planning Team Neighbours/Site Notice/Advert No objection. No comments received. No comments received. No comments to make. No comments received. Not able to comment in timescale of application. Objection. Objection. No objection. No objection. No objection. No objection. No objection. 1 representation received to date 1

2 1.1 The proposal was publicised by neighbour letters, site notice and in the local press (as a Departure from the Development Plan) and the statutory period of publicity has expired. 2.0 SITE LOCATION AND DESCRIPTION 2.1 The site (which is in two elements) is around 1 hectare of open grassland on the western side of Hady Lane in Hady and is part of a tract of wider open land that is surrounded by development (mainly residential) yet also has open links to the wider countryside. The red edged line of the application consists of a northern and a southern pair of plots. The northern plot is the larger of the two and is to the northnorth west of four existing detached dwellings which front onto Hady Lane. The southern area is smaller and is to the south of these properties. There is a linking strip of land behind the four dwellings fronting onto Hady Lane, part of which is within the red edge of the application site and the majority is edge in blue on the submitted location plan, being within the control of the Applicant. No informal or formal footpaths run through the site although a proposed public right of way runs past and adjoins the western edge of the land edged blue on the submitted location plan. 2.2 The site is approximately 1.3km to the east of Chesterfield Town Centre within the ward of St Leonards. The sites adjoin Hady Lane an unclassified highway and minor road. Hady Lane joins the classified Hady Hill (A632) 500m to the north and Hady Hill links Chesterfield Town Centre to the settlement of Calow and beyond. Hady Hill also serves Chesterfield Royal Hospital which is approximately 1.0km to the north of the site. To the south east, Hady Lane joins Calow Lane, a classified highway linking Calow and Hasland. 2.3 The northern part of the site is mostly enclosed by hedgerows in contrast to the southern part which only has a hedgerow to the boundary with Hady Lane. There is deciduous woodland to the south and the site also has three isolated trees within the northern plot. Site levels are not flat and there is a fall to the west away from Hady Lane on the northern plot whilst the southern plot is on a mostly south facing slope but contains a rise to the west and a trench bounded by vegetation. 2.4 To the east of the site is Hady Lane and the urban area of Hady, characterised by two storey dwellings set back and down from the 2

3 highway. There is a variety of external building materials present in the streetscene, with render, red brick and beige brick walling present and also a mix of red and brown concrete roofing tiles. To the north of the site is a former car park being developed as a Traveller site with a vehicular access onto Hady Lane. Beyond this is open land, an unauthorised Traveller Site, playing fields and Hady Primary School. The land to the north-west has underneath it a former landfill site. 2.5 The site would not fall within the definition of previously developed land in the National Planning Policy Framework (NPPF) and so can be described as greenfield. 3.0 SITE HISTORY 3.1 The following history of the site is relevant to the consideration of the proposal: CHE/0291/0098 Outline application for erection of one bungalow. REFUSED The following history of adjacent sites is relevant to the consideration of the proposal: CHE/14/00269/FUL CHE/13/00089/FUL Family traveller site with two pitches and associated facilities. GRANTED Family traveller site with two pitches and associated facilities. WITHDRAWN. CHE/12/00052/COU Family traveller site with 2 pitches and associated facilities. REFUSED CHE/07/00941/FUL CHE/07/00416/FUL CHE/04/00121/FUL Land Adjacent To Farm Cottage 148 Hady Lane Chesterfield Derbyshire. 2 Houses and garages (Re-submission of CHE/07/00416/FUL). GRANTED Land Adjacent To Farm Cottage 148 Hady Lane Chesterfield Derbyshire. 2 Houses, triple garage and double garage REFUSED APPEAL DISMISSED Land Adjacent To Farm Cottage 148 Hady Lane 3

4 Chesterfield Derbyshire. Erection of three detached houses with garages. GRANTED CHE/882/465 CHE/0284/0078 Renewal of Garage Site Consent (the final permanent permission in a series of temporary permissions). GRANTED Permission for playing fields and allotments including pavilion and associated car parking on land off Hady Lane. GRANTED THE PROPOSAL 4.1 Outline planning application with all matters reserved for up to ten dwellings on two linked plots of land totalling around 1 hectare in area. The following has been submitted with the application form and location/red line plan: - Ecological Impact Assessment by AccessEcology Ltd, June 2015 reference: 0820 Revision A. - Phase I and II Geo-Environmental Assessment/Investigation by Abatech International Ltd September 2003 Reference S3/ Supporting Planning Statement - Indicative Site Layout - Concept Diagram (showing two areas to be kept largely open with potential use with a sustainable drainage system) 4.2 The Applicant also has control over an area of land that links the two application sites (being part of the same wider area of enclosed grassland) which sits directly to the rear of Nos.146 to 152 Hady Lane and stretches to a fence to the west. 5.0 CONSIDERATONS Environmental Impact Regulations 5.1 The Local Planning Authority has carried out a screening of the proposal on, under the Town and Country Planning (Environmental Impact 4

5 Assessment) (England and Wales) Regulations 1999 to The development would not be Schedule 2 development, and no significant environmental impacts are thought to be likely. Consequently an Environmental Statement/Assessment is not considered necessary. A screening for Appropriate Assessment is not necessary given the small scale, residential nature and the location of the development. The Development Plan 5.2 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and section 70(2) of the Town and Country Planning Act 1990 require that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. The relevant Development Plan for the area comprises of the saved policies of the Replacement Chesterfield Local Plan adopted June 2006 (RCLP) and the adopted Chesterfield Local Plan Core Strategy due. Replacement Chesterfield Borough Local Plan Policies ( RCBLP ) 5.3 The Local Plan policies relevant to the decision are:- EVR2 Open Countryside and Other Open Land Chesterfield Local Plan: Core Strategy ( Core Stategy ) 5.4 CS1 Spatial Strategy CS2 CS3 CS4 CS6 CS7 CS8 CS9 CS10 CS11 CS17 CS18 Principles for Location of Development Presumption in Favour of Sustainable Development Infrastructure Delivery Sustainable Design and Construction Managing the Water Cycle Environmental Quality Green Infrastructure and Biodiversity Phasing of Housing Delivery Range of Housing Social Infrastructure Design 5

6 CS20 Influencing the Demand for Travel National Planning Policies 5.5 The Sections of the National Planning Policy Framework (NPPF) considered relevant to the decision are; - 1. Building a Strong, Competitive Economy - 4. Promoting sustainable transport - 6. Delivering a Wide Choice of High Quality Homes - 7. Requiring good design - 8. Promoting Healthy Communities Meeting the challenge of climate change, flooding and coastal change Conserving and Enhancing the Natural Environment. 5.6 Supplementary Planning Documents relevant to the decision are; SPD Designing Out Crime (adopted June 2007) SPD Successful Places A guide to sustainable housing layout and design (adopted 24 th July 2013). 5.7 Other relevant documents include; -National Planning Practice Guidance -Manual for Streets 2 (DfT March 2007) -BRE Report 209: Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice (2 nd Edition 2011) - Environmental Protection Act 1990:Part 2A Contaminated Land Statutory Guidance (DEFRA April Green Infrastructure Study (CBC May 2009) - The Landscape Character of Derbyshire (Nov 2007) - Parks and Open Spaces Strategy (CBC) 6

7 5.8 Key Issues 1 Principle Of Development 2 Design and Amenity 3 Highway Safety and Parking Provision 4 Pollution Control 5 Land Stability 6 Flood Risk and Drainage 7 Biodiversity 1. Principle of Development 5.9 The proposal is for greenfield housing led development on an unallocated site. Such development would in principle conflict with saved RCBLP policy EVR2. However, currently CBC cannot demonstrate a deliverable 5 yr supply of housing sites and so Core Strategy policy CS10 is applicable. Furthermore, whilst there is no demonstrable deliverable 5yr supply, paragraph 49 of the NPPF makes RCBLP policy EVR2 obsolete (having regard to Appeal Decision APP/A1015/A/14/ ). The LPA are aware of an application(s) to Derbyshire County Council (DCC) for open land to be designated as Village Green but no decision or designation has occurred as yet on the application(s) made. The scale of development proposed would not generate a requirement for new infrastructure in respect of education contributions or open space and would not trigger a requirement for affordable housing (in accordance with Core Strategy policy CS11) In respect of Core Strategy policy CS10 the development s location, nature and scale would not conflict significantly with the Core Strategy of Concentration and Regeneration set out in policy CS The location of the development is within approximately 1.3km of Chesterfield Town Centre, and within 800m of bus services on Hady Hill including the Stagecoach Castleline with a frequency of up to 2 services per hour and a lesser number and frequency of services on Hady Lane. The site is within 400m of a primary/infant school which the Council s Community Infrastructure Study (2009) identifies as having a deficit of pupils on its register. The site is also within a 2km catchment area of a secondary school albeit with a surplus of pupils and within 2.5km of a secondary school with a deficit of pupils based on the same infrastructure study. The study identifies the north east of the Borough (not Hady) as having the longest journey times to key facilities. Hady has 7

8 no local shops (albeit an extant planning permission for the redevelopment of a Social Club to include a local convenience store) and relies on Chesterfield Town centre, other local and district centres for employment, services and facilities. It is considered to be reasonably accessible on foot to some community services and also to public transport via which the necessary employment, services and facilities to meet essential day to day needs can be accessed. As such in respect of accessibility and the capacity of existing health and educational facilities the proposal would not conflict with of Core Strategy policies CS2(e)(f) and CS12(c), the NPPF and PPTS Furthermore in respect of Core Strategy policies CS2, CS3 and CS4 s requirements the site is not of high environmental value (criterion b), is on poor quality/grade 4 agricultural land (criterion c), would deliver very minor regeneration benefits (criterion d), would not result in a deficiency of existing social and physical infrastructure, would be in a location where it is within reasonable walking distance of existing public transport serving along a pedestrian footway (criterion f) and would be in an area of low flood risk (criterion g) according to the Council s SFRA and current EA mapping of fluvial flooding. As such the proposal in principle is considered to accord with the Development Plan The likely impacts of the development (which must be considered in accordance with the last paragraph of Core Strategy policy CS2) are considered within the following sections of this report. 2. Design, Amenity and Landscape Character Design and Visual Amenity 5.14 The proposal is in outline with all matters reserved and so the two plots ability to accommodate a suitable development for its context is under consideration. The site is clearly open countryside in character, and is part of views from dwellings on Hady Lane and from within the wider open land to the west. As such the development would have an appreciable effect on openness and the character of the locality, extending Hady into the wider open land to the west. However, the site is not isolated/sporadic in terms of the existing pattern of development (both Hady and the four dwellings in situ next to the application sites) and would not represent a significant encroachment into the wider tract of open land, being on the fringe of the open area. The scale of dwellings is yet to be determined, as are levels, and there is scope within the site for a low density layout with effective use of soft landscaping to 8

9 mitigate the visual impact of the development, helping to merge the development into the open land rather than presenting a contrasting edge which would be highly noticeable from the west. The visual effect of the permitted Traveller site to the north-north west would lessen the visual impact of the main element of the development when viewed from the north west The site could accommodate two or single storey dwellings without significant harm to local character subject to careful siting, landscaping, levels changes and design. There is sufficient space on the two plots for a reasonable standard of amenity to be achieved for future occupiers, and to avoid harm to neighbouring occupiers (including any future occupiers of the nearby Traveller site) in respect of outlook, privacy, sunlight and daylight levels (having regard to the BRE Report 209: Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice (2 nd Edition 2011) and the Borough Council s adopted SPD Successful Places). The sites could also accommodate the proposed amount of development and still achieve a reasonable quantity of internal and external space having regard to Places, Homes, People English Partnerships Quality Standards (Nov 2007), the draft nationally described space standards which and the Council s adopted SPD Successful Places In respect of sustainable design recent changes in legislation and Government policy have superseded the requirement in Core Strategy policy CS6 for development to achieve a specific level of the Code for Sustainable Homes or BREEAM rating. Significant weight is given to the Ministerial Statement by Eric Pickles in March 2015 and the Deregulation Act 2015, outweighing the requirement in Core Strategy CS Subject to conditions, in respect of visual amenity and residential amenity the proposal would not conflict with Core Strategy policies CS2 and CS18 and the NPPF. Landscape Character 5.18 Core Strategy policy CS9 (e) requires that development conserves or enhances the local distinctiveness and character of the landscape. The NPPF requires that the intrinsic character and beauty of the countryside should be recognised in decision making and that planning should protect and enhance valued landscapes. The NPPF in paragraph 109 requires that the planning system protects and enhances valued 9

10 landscapes and in paragraph 115 requires that great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty (para 115). The site is not within an area which the NPPF affords great weight to conserving landscape and scenic beauty. However, it is acknowledged that the site is within an area where there is an element of local character which requires protection and enhancement as supported by the landscape characterisation carried out by the Derbyshire County Council (The Landscape Character of Derbyshire Nov 2007) 5.19 The site lies within a landscape type categorised in the The Landscape Character of Derbyshire as Coalfield Village Farmlands (Character Area 38). The key characteristics of this landscape are stated as: Gently undulating landform. Dairy farming with pasture and localised arable cropping. Relict ancient semi-natural woodland, copses and linear tree-belts. Dense streamline trees and scattered hedgerow trees. Towns and villages on ridge lines surrounded by remnant medieval strip fields. Network of small irregular lanes between larger urban roads. Small villages with sandstone buildings expanded by red brick former mining terraces and ribbon development Tree cover in this landscape is described as, essentially a small scale, organic landscape with small woodlands, copses, linear tree belts and hedgerow trees. The pattern of enclosure appropriate to this location is described as, complex, reflecting a diverse history of enclosure and the impact of opencast coal extraction The development will have an appreciable impact on close and medium range views of and from the wider tract of open land of which it forms a part. However, the development would be closely related to the existing pattern of development and on the edge of the wider tract of open land, itself surrounded by development. There is scope for soft landscaping (including hedgerows to boundaries), appropriate materials and scale of development to minimise the intrusiveness of the development, although internal lighting would detract from landscape character to a degree, despite the ability of the LPA to control external lighting. Nevertheless the harm to the wider landscape character of Derbyshire (contrary to Core Strategy policy CS9) would be limited and outweighed by the need for new housing land and development in the Borough. 10

11 Tranquility 5.22 The NPPF (paragraph 123) requires that planning decisions should identify and protect areas of tranquillity which have remained relatively undisturbed by noise and are prized for their recreational and amenity value for this reason. Previous representations to the refused Traveller Site to the west opined that the wider open space has attractive qualities in terms of tranquillity and natural beauty with reference to the visual impact of the development, noise and activity. No evidence was or has been presented on existing noise levels or background noise levels, nor qualification of what is meant by tranquillity Tranquillity is recognised as an emotional state and is to a degree subjective. Despite the presence of subjectivity the Governments Rural White Paper (DEFRA 2000) acknowledged that tranquillity and a lack of noise and visual intrusion are key factors that contribute to the unique character of the British countryside. The CPRE has carried out a mapping exercise of tranquillity across the UK. However, ttranquility is not the absence of all noise, activity and buildings. Research has found that many rural activities, such as farming and hiking, and natural noises such as birdsong and cows lowing, enhance people s experience of tranquility The Council has not adopted its own definition of tranquillity nor a method of assessing tranquillity. However, ttranquility arguably is part of the intrinsic character of countryside and methods have been developed for assessing tranquility (Tranquility Mapping: Developing a Robust Methodology for Planning Support: January 2008) It is likely that the main impacts of the development on tranquility (subject to appropriate screening) would be from noise, vehicular movements and light pollution, and some visual intrusion. The impact on the wider tract of open land s tranquility would be adverse albeit to a minor degree at medium range and given that the site is discrete from the nearby woodland, playing fields and grassland to the west, the overall effect would be minor and outweighed by the need for new housing land and development. 11

12 3. Highway Safety and Parking Provision 5.26 The Local Highway Authority (LHA) has raised no objection to the proposal subject to conditions and the site can be served by a variety of access options (single driveways, shared driveways or cul-de-sac). The hedgerows adjoining Hady Lane may require removal to provide adequate visibility splays but there is sufficient scope within the site to replace these over time. Subject to conditions the proposal would be unlikely to have a significant adverse effect on the Highway Network in terms of safety or traffic flow. As such the development would not conflict with the Council s SPD Successful Places ), Core Strategy policies CS2, CS18 and CS20, and the NPPF. 4. Pollution Control 5.27 The Borough Council s Senior Environmental Health Officer (SEHO) has not commented on the current application but has previously commented at pre-application stage on the Applicants supporting combined Phase 1 and 2 Geo-Environmental Investigation Report. The SEHO was of the opinion ( dated ) that the information provided was sufficient for the LPA to grant outline permission subject to conditions being applied to in effect review the 2003 land contamination assessment and investigation and also to ensure mitigation was provided in respect of gas migration from the nearby landfill site. Accordingly subject to conditions the proposal would accord with Core Strategy policy CS8 and paragraphs 109, 120, 121 and 122 of the NPPF, having regard to the National Planning Practice Guidance (Paragraph: 001Reference ID: ) An hour s of work limitation on the construction phase of the development is normally sought by the SEHO in respect of controlling noise in a residential area. Such a condition is considered necessary given the potential for an adverse effect on the amenity of the existing dwellings surrounded by the development sites in order to accord with Core Strategy policy CS2 and paragraph 123 of the NPPF having regard to Planning Practice Guidance. The proposal is for a lower density of residential development than present near the site and as such would be compatible in respect of noise generation with the nearby existing residential properties in accordance with Planning Practice Guidance, Core Strategy policy CS2 and the NPPF, and the Noise Policy Statement for England (2010). 12

13 5. Land Stability 5.29 The development is within both an area identified by the Coal Authority as being at a low risk of land instability from historic coal mining and a high risk area. The Coal Authority has objected but has done so without having regard to the Applicant s supporting information. The submitted combined Phase 1 and 2 Geo-Environmental Investigation Report was considered by the Coal Authority at pre-application stage and the Coal Authority commented as follows: Whilst the Combined Phase 1 & 2 Geo-Environmental Investigation Report is almost 12 years old, on the basis that it has been informed by geological and mining information, as well as the results of a site investigation, my personal opinion is that it would be sufficient to accompany any subsequent future planning application to meet the requirements of National policy In terms of the Report s content, Section 12.2 confirms that shallow abandoned mine workings will need to be treated and that two shafts will need to be located, treated and capped. Section 13 also recommends further investigation work in the form of gas monitoring. Consequently, and on the basis that the Report accompanies any future planning application, the likely Coal Authority recommendation to the LPA would be that a suitable planning condition is imposed on any consent to ensure that the works, along with any necessary remedial measures are implemented prior to the commencement of development No change in circumstances has been brought to the attention of the LPA since the Coal Authority provided it s pre-application advice and discussion with the Coal Authority has confirmed that it is to re-issue its comments on the basis of no objection subject to suitable conditions dealing with mine shafts and workings. Gas monitoring and protection would be dealt with as part of a condition requiring the review of the submitted Phase 1 and 2 Geo-Environmental Investigation Report Consequently, subject to conditions it is concluded that the site is suitable for the proposed use in terms of land stability having regard to paragraph 121 of the NPPF and Core Strategy policy CS8. 6. Flood Risk and Drainage 5.34 The proposal is not within an area identified to be at risk of fluvial flooding in the Council s Strategic Flood Risk Assessment and on the 13

14 Environment Agencies Flood Risk Map, being in Flood Zone 1. However, the site does contain two areas of theoretical surface water flood risk, due to topography, which are shown on the Environment Agencies Flood Risk Map The Applicant has submitted the following in reference to flood risk and surface water management: - A concept plan showing areas of land (of a similar size to the development plots) available for use as needed to attenuate and control surface water run off using sustainable techniques. A commitment to ensure that surface water run-off from the site is 90%or less of greenfield run-off rates. Prioritisation of the use of sustainable techniques (SuDS) to mitigate against the effects of unusually heavy and sustained rainfall. Use of existing topography to drain surface water with only limited changes in levels with the incorporation of attenuation. Reference to the Environment Agencies comments on the CBC Strategic Housing Land Availability Assessments consideration of the site i.e. that The variety of SuDS techniques available means that virtually any development should be able to include a scheme around these principles. - Surface water to be accommodated on the site as a first preference wherever possible with the target for attenuation of run off being no more than 5L/s per hectare. - Separate systems of foul and surface water to be formed with foul to mains sewers utilising existing infrastructure to the north on Hady Lane, with pumping likely to be necessary. - Opportunity to also utilise a combined system to the south which already serves the 4 existing dwellings adjoining the site, subject to CBC allowing an easement The Borough Council s Engineering Services (drainage) and Yorkshire Water does not object to the proposal subject to conditions being applied. 14

15 5.37 However, The Derbyshire County Council Flood Team (DCC Flood Team) objects to the application on the basis that it lacks sufficient information in the form of a site specific flood risk assessment. The DCC Flood Team do not offer a comment on whether or not the site is likely to have any insurmountable surface water management problems and instead rely on NPPF paragraph 103 (including footnote 20) which states that: - When determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere and only consider development appropriate in areas at risk of flooding where, informed by a site-specific flood risk assessment (Footnote 20: A site-specific flood risk assessment is required for proposals of 1 hectare or greater in Flood Zone 1) The Borough Council s drainage engineer has not identified any critical drainage problem nor any insurmountable obstacles to the site having suitable management of surface water in accordance with Core Strategy policy CS7 and the NPPF. The development in terms of dwellings, gardens and hard surfacing is highly likely to be less than 1 hectares in area, the remaining site area being available for SuDS. The likelihood is that the developed area would be around 7500sqm i.e hectares and the area available for SuDS would be similar. There is scope for a variety of SuDS measures both on the site and off-site within land owned by the Applicant, whilst dwellings could be sited to avoid the theoretical area of surface water flood risk. Hence insisting on a full detailed flood risk assessment would appear to be a disproportionate approach having regard to the nature, scale and location of the development and the available information submitted and held by the Environment Agency and Borough Council. Refusing the application on the basis of insufficient information on flood risk would appear to be unreasonable and not a proportionate approach to the proposal and application of policy and guidance. Conditions can be used to ensure that a drainage strategy, scheme and management plan is secured incorporating a further flood risk assessment to inform reserved matters proposals The NPPF states in paragraph 187 that: - Local planning authorities should look for solutions rather than problems, and decision-takers at every level should seek to approve applications for sustainable development where possible. 15

16 5.40 Whilst the matter of whether or not proportionate information has been submitted on flood risk and surface water management is a debatable one, there is no evidence to demonstrate that the development cannot be carried out in compliance with the NPPF and Core Strategies requirements to use SuDS to reduce and mitigate flood risk to an appropriate level. The proposal would be sustainable development and so the use of conditions to address the issue of surface water management would be consistent with the overall approach in the NPPF of a presumption in favour of sustainable development and granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF taken as a whole; or specific policies in the NPPF indicate development should be restricted Subject to conditions the proposal would not conflict with Core Strategy policies CS2, CS4 and CS7 and the NPPF. 7. Biodiversity 5.42 The Applicant has submitted a set of surveys and assessment for the site and Derbyshire Wildlife Trust has accepted these as appropriate and sufficient for the LPA to make a planning decision. There is sufficient evidence to conclude that the site has no more than a minor biodiversity value notwithstanding the potential for bat roosts in three trees on the site, and these trees need not be lost as part of the development. Furthermore that the development could be carried out within a significant adverse effect on biodiversity and that provides an opportunity for enhancements to habitats. Having regard to the characteristic of the site and its surrounding s, Natural England Standing Advice, the submitted information and the comments of the DWT, the proposal would not conflict with Core Strategy policy CS9 or the NPPF in respect of impact on biodiversity, subject to conditions covering the following: - Impact assessment of reserved matters on biodiversity Protection of 3 trees with bat roost potential on site Biodiversity enhancement and management scheme provided concurrently with submission of landscaping reserved matter External lighting scheme 16

17 6.0 REPRESENTATIONS representation has been received from 148 Hady Lane. The main issues raised are summarised below: - 1. Traffic generation of approximately 20 additional cars on an already busy stretch of road. Road is very busy at school times with numerous parked vehicles. 2. Junction of Houldsworth Drive and Hady Lane directly opposite the site is busy and has restricted views, which has resulted in a number of minor vehicle accidents. 3. Overlooking of amenity area to rear of No.148 Hady Lane by new dwellings with loss of privacy. 4. Loss of open green space on Hady Lane, spoiling the rural aspect of this particular section of the Lane. 5. Noise and disturbance from ten houses close to rear garden of No.148 to detriment of right to enjoy a quiet residential environment. 6.2 In consideration of the above, the Highway Authority do not object to the proposal and without substantial evidence of a severe threat to highway safety the LPA are not in a position to refuse the application. In respect of the loss of open land, this would not lead to a deficiency in the quantity and quality of public open space and whilst having a detrimental effect on visual amenity and landscape character, such an effect would be outweighed (following mitigation) by the need to meet a shortfall in housing land and development in the Borough. The likely noise from dwellings would be consistent with a residential environment and the LPA could not reasonably refuse a residential development on the basis that it would be create noise levels not consistent with a residential environment. The noise environment of No.148 will change and is likely to be noisier but the levels of noise from a residential development occupied in a reasonable manner would leave No.148 with reasonable levels of amenity in accordance with National and Local Planning Policy and Guidance. 17

18 7.0 HUMAN RIGHTS ACT Under the Human Rights Act 1998, which came into force on 2 nd October 2000, an authority must be in a position to show:- Its action is in accordance with clearly established law. The objective is sufficiently important to justify the action taken. The decisions taken are objective and not irrational or arbitrary. The methods used are no more than are necessary to accomplish the legitimate objective. The interference impairs as little as possible the right or freedom. 7.2 The action in considering the application is in accordance with clearly established Planning law and the Council s Delegation scheme. The objective of arriving at a decision is sufficiently important to justify the action taken over the period of the life of the application. The decision taken is objective, based on all planning considerations and is, therefore, not irrational or arbitrary. The methods used are no more than are necessary and required to accomplish the legitimate objective of determining an application. 7.3 The interference caused by a refusal, approval or approval with conditions, based solely on planning merits, impairs as little as possible with the qualified rights or freedoms of the applicant, an objector or consideration of the wider Public Interest. 7.4 The recommended conditions are considered to be no more than necessary to control details of the development in the interests of amenity and public safety and which interfere as little as possible with the rights of the applicant. 8.0 CONCLUSIONS 8.1 The development would conflict with saved RCBLP policy EVR2. However, giving weight to the NPPF the relevant restrictive element of policy EVR2 carries no weight given that CBC cannot demonstrate a 5yr deliverable supply of housing land. Furthermore whilst the proposal would have a detrimental effect on visual amenity and landscape character by reason of its effect on currently open land this impact would be outweighed following mitigation by the need for housing land and development in the Borough. In other respects the proposal would 18

19 accord with the Core Strategy and the NPPF. The NPPF carries sufficient weight in this specific instance to warrant a determination not in accordance with RCBLP policy EVR2 and not fully in accordance with Core Strategy policy CS Statement of Positive and Proactive Working With Applicants 9.1 The Government (since the 1 st December 2012) requires LPA s to include a statement on every decision letter stating how they have worked with the applicant in a positive and proactive way, in line with the requirements in paragraphs 186 and 187 of the NPPF. 9.2 Given that the proposed development would generally not conflict with the NPPF and with up-to-date Development Plan policies, it is considered to be sustainable development and there is a presumption on the LPA to seek to approve the application. The Applicant has sought and received pre-application advice and the LPA has considered the use of conditions to facilitate the development where appropriate RECOMMENDATION 10.1 That the application be GRANTED permission subject to the following conditions: Approval of the details of the access, scale, layout, external appearance and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. 02. Application for approval of all the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. 03. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. 04. Concurrently with the submission of any reserved matter other than external appearance a full surface water drainage assessment and strategy, including percolation tests, proposed and existing levels and drainage calculations, drainage scheme and management plan shall be submitted to and approved in writing by the Local Planning Authority. Development shall not commence until such approval in writing has been 19

20 issued by the Local Planning Authority. Prior to the first occupation of any of the dwellings hereby permitted commencing, the drainage scheme shall have been implemented and the management plan shall be in place. The drainage scheme so implemented shall be retained thereafter and the drainage system managed in accordance with the approved management plan. 05. Development shall not commence until details of the proposed means of foul water drainage have been submitted to and approved writing by the Local Planning Authority. The development shall be carried out in accordance with the details so approved. 06. Unless otherwise approved in writing by the Local Planning Authority there shall be no piped discharge of surface water from the development prior to the completion of the approved surface water drainage works and no dwelling shall be brought into use prior to completion of the approved foul drainage works. 07. Concurrently with the submission of any reserved matter other than external appearance a scheme of detailed risk assessment including site investigations and remediation/mitigation where necessary in respect of historic coal mining shall be submitted to and approved in writing by the Local Planning Authority. Development shall not commence until such a scheme has been approved in writing by the Local Planning Authority and the development shall only be carried out in accordance with the scheme so approved including the completion of all necessary mitigation/remediation prior to the occupation of any dwellings within the site. 08. Concurrently with the submission of the matter of layout a scheme containing a review and if necessary updating of the submitted Geo- Environmental Assessment and Site Investigations (including further investigations where found necessary by the review) with a concluding risk assessment inclusive of any necessary remediation/mitigation, shall be submitted to and approved in writing by the Local Planning Authority. Development shall not commence until such a scheme has been approved in writing by the Local Planning Authority and development shall only be carried out in accordance with the approved scheme, including the completion of all necessary mitigation/remediation prior to the occupation of any dwellings within the site. 20

21 09. Notwithstanding the details submitted plans showing the following: i) cross sections of the site showing existing and proposed levels ii) proposed finished floor levels of dwellings, finished eaves and ridge heights iv) levels of any paths, drives and parking areas (proposed and existing) v) the height of any new retaining walls and their appearance shall be submitted in writing to the Local Planning Authority, concurrently with any application for the reserved matters of scale or layout being submitted, and the development shall not be commenced until the details have been approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the details so approved. 10. Concurrently with the submission of any reserved matters application a scheme consisting of an ecological impact assessment (including any necessary surveys and mitigation) of the associated reserved matters shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with any mitigation approved. 11. Prior to development commencing a scheme of biodiversity enhancement and management shall be submitted to and approved in writing by the Local approved management adhered to thereafter. 12. The 3 trees identified within the application site (northern area) as having the potential for bat roosts shall be retained within the development hereby permitted (without any works to them) unless: - (i) (ii) An appropriate protected species assessment has been submitted that demonstrates no protected bat species are likely to be present and has been approved in writing by the Local Planning Authority. An appropriate protected species assessment has been submitted that demonstrates the presence of bat species and includes mitigation sufficient for the Local Planning to successfully apply the derogations of the EU Habitats Directive 92/43/EEC (Article16) and the removal of the tree(s) is approved in writing by the Local Planning Authority. 13. Prior to development commencing a scheme of external lighting shall be submitted to and approved in writing by the Local Planning Authority. No 21

22 external lighting shall be installed on the site unless installed in accordance with the scheme so approved. 14. No development shall be commenced until a temporary access for construction purposes has been provided in accordance with a detailed design first submitted to and approved in writing by the Local Planning Authority. The access shall be retained in accordance with the approved scheme throughout the construction period, or such other period of time as may be agreed in writing by the Local Planning Authority, free from any impediment to its designated use. 15. Before any other operations are commenced, excluding construction of a temporary construction access, space shall be provided within the site for storage of plant and materials, site accommodation, loading, unloading and manoeuvring of goods vehicles, parking and manoeuvring of employees and visitors vehicles, laid out and constructed in accordance with detailed designs first submitted to and approved in writing by the Local Planning Authority. Once implemented the facilities shall be retained free from any impediment to their designated use throughout the construction period. 16. No part of the development shall be occupied until new vehicular and pedestrian accesses have been formed to Hady Lane and provided with visibility sightlines extending from a point 2.4 metres from the carriageway edge, measured along the centre line of the access, for a distance commensurate with recorded 85%ile vehicle approach speeds in each direction measured along the nearside carriageway edge in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority. The area in advance of the visibility sightlines shall be retained throughout the life of the development free of any object greater than 1m in height (0.6m in the case of vegetation) relative to adjoining nearside carriageway channel level. 17. Prior to the occupation of any dwelling, any existing lengths of vehicular access to Hady Lane made redundant by the development shall be permanently closed with a physical barrier and the existing vehicle crossover reinstated as footway in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority. 18. No dwelling shall be occupied until space has been laid out within the site in accordance with a scheme first submitted to and approved in writing by the Local Planning Authority for cars to be parked and for service and delivery vehicles to turn so that they may enter and leave the site in forward gear. 22

23 19. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and/or re-enacting that Order) the garage/car parking spaces hereby permitted shall be retained as such and shall not be used for any purpose other than the garaging of private motor vehicles associated with the residential occupation of the property without the grant of further specific planning permission from the Local Planning Authority. 20. There shall be no gates or other barriers within 6.0m of the nearside highway boundary and any gates shall open inwards only, unless otherwise agreed in writing by the Local Planning Authority. 21. No part of the development shall be occupied until details of arrangements for storage of bins and collection of waste have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the agreed details and the facilities retained for the designated purposes at all times thereafter. 22. Unless otherwise approved in writing by the Local Planning Authority demolition, remediation or construction work to implement the permission hereby granted shall only be carried out on site between 8:00am and 6:00pm Monday to Friday, 9:00am to 1:00pm on a Saturday and no work on a Sunday or Public Holiday. The term "work" will also apply to the operation of plant, machinery and equipment. 23. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and/or re-enacting that Order) no outbuildings, means of enclosure, extensions, hard surfacing shall be carried out without the grant of further specific planning permission from the Local Planning Authority. 24. All external dimensions and elevational treatments shall be as shown on the approved reserved matters plans, with the exception of any approved non material amendment. Reason(s) for Condition(s) 01. The condition is imposed in accordance with article 3 (1) of The Town and Country Planning (General Development Procedure) Order 1995 (as amended) and The Town and Country Planning (Development Management Procedure) Order

24 02. The condition is imposed in accordance with article 3 (1) of The Town and Country Planning (General Development Procedure) Order 1995 (as amended) and The Town and Country Planning (Development Management Procedure) Order The condition is imposed in accordance with sections 91, 56 and 93 of the Town and Country Planning Act To ensure that a suitable surface water system serves the development and that the layout of the development has regard to flood risk, in the interests of flood risk management, pollution control and biodiversity and to accord with policies policies CS7, CS8 and CS9 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework 05. To ensure that a suitable surface water system serves the development and that the layout of the development has regard to flood risk, in the interests of flood risk management, pollution control and biodiversity and to accord with policies policies CS7, CS8 and CS9 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework 06. To ensure that a suitable surface water system serves the development and that the layout of the development has regard to flood risk, in the interests of flood risk management, pollution control and biodiversity and to accord with policies CS7, CS8 and CS9 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework 07. To ensure that the development is safe in respect of the risk from historic coal mining and to accord with In the interests of residential and visual amenity and to accord with policy CS8 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 08. To ensure that the development is safe in respect of the risk from contamination and ground gas migration and to accord with policies CS2 and CS8 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 09. In the interests of good design, highway safety, residential amenity, visual amenity, landscape character, surface water management and biodiversity and to accord with policies CS2, CS7, CS8, CS9, CS18 and 24

25 CS20 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 10. In the interests of biodiversity and to accord with policy CS9 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 11. In the interests of biodiversity and to accord with policy CS9 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 12. In the interests of biodiversity and to accord with policy CS9 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. To ensure that the relevant EU and National legislation for the conservation and protection of habitats and species is adhered to. 13. In the interests of biodiversity and to accord with policy CS9 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. To ensure that the relevant EU and National legislation for the conservation and protection of habitats and species is adhered to. 14. In the interest of highway safety and to accord with policies CS18 and CS20 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 15. In the interest of highway safety and to accord with policies CS18 and CS20 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 16. In the interest of highway safety and to accord with policies CS18 and CS20 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 17. In the interest of highway safety and to accord with policies CS18 and CS20 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 18. In the interest of highway safety and to accord with policies CS18 and CS20 of the Chesterfield Borough Local Plan: Core Strategy ( ) and the National Planning Policy Framework. 25