LAND EAST OF MILL LANE, SHERBURN VILLAGE PLANNING STATEMENT

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1 LAND EAST OF MILL LANE, SHERBURN VILLAGE PLANNING STATEMENT On behalf of The Church Commissioners for England

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3 Land East of Mill Lane, Sherburn Village Planning Statement On Behalf of The Church Commissioners for England Project Ref: 21543/A5/P1a 21543/A5/P1b 21543/A5/P1c Status: Draft Draft Draft Issue/Rev: P1a P1b P1c Date: 26/08/ /09/ /09/3014 Prepared by: GF GF GF Checked by: DH DH MXS Authorised by: DH DH MXS Barton Willmore LLP Regent House Prince s Gate 4 Homer Road Solihull B91 3QQ Tel: Ref: 21543/A5/P 1C/GF/rap Fax: gemma.field@bartonwillmore.co.uk Date: 23 rd COPYRIGHT The contents of this document must not be copied or reproduced in whole or in part without the written consent of Barton Willmore LLP. All Barton Willmore LLP stationery is produced using recycled or FSC paper and vegetable oil based inks.

4 Contents Page 1.0 Introduction Application Site and Surroundings The Proposed Development Planning Policy Context Statement of Community Engagement Planning Assessment Summary and Conclusions 39 Appendices 1. Site Location Plan 2. Indicative Masterplan 3. Public Consultation Leaflet Distribution 4. Public Consultation Leaflet 5. Public Consultation Comments and Responses

5 Introduction 1.0 INTRODUCTION Background 1.1 This Planning Statement has been prepared by Barton Willmore LLP on behalf of the Church Commissioners for England ( the Applicant ) to assess the planning issues arising from an outline planning application for up to 120 no. dwellings, including access, with all other matters reserved at Land East of Mill Lane, Sherburn Village ( the Site ). The Scheme 1.2 This application seeks Outline Planning Permission for a comprehensive development of the Site to include: Up to 120 no. new dwellinghouses; and A new vehicular access off Mill Lane. 1.3 Whilst the application is in outline form at this stage, it is intended that the proposed development could deliver the following benefits to the surrounding area: Up to an additional 120 no. dwellings within the settlement of Sherburn Village. Additional open space (approximately 1.49ha). Creation of jobs during the construction period of the proposed development. Improved housing choice within the local market by providing additional two, three and four bedroom dwellings. Provision of affordable housing. Development of a modern, sustainable and high quality development and associated amenity space which represent an appropriate response to the character of the Site and wider area. Provision for features with biodiversity value within the design of the proposed development /A5/P1c/GF/rap 1

6 Introduction 1.4 The proposed development is considered to provide an appropriate design response to the Site s existing character and surrounding environment. A full overview of the proposed development is provided in Section 3 of this Statement and the accompanying Design & Access Statement. 1.5 The proposed development represents sustainable development in line with the National Planning Policy Framework (NPPF). A full overview of the site s planning context and its compliance with planning policy is provided in Sections 4 and 5 of this Statement. The Planning Application 1.6 The proposed development is submitted as an Outline Planning Application and seeks the comprehensive development of the Site. The description of development is: Outline planning application for the erection of up to 120 no. dwellings (Class C3); and a new access off Mill Lane, with all other matters reserved. 1.7 The Planning Application comprises the following: Completed Application Forms and Ownership Certificates; Application Drawings prepared by AJT Environmental Consultants; Design & Access Statement () prepared by AJT Environmental Consultants; Planning Statement () prepared by Barton Willmore; Ecology Habitat and Protected Species Risk Assessment (September 2013) prepared by Penn Associates; Flood Risk Assessment () prepared by Curtins; Geo-Environmental Site Appraisal, Phase 1 (February 2014) prepared by Curtins; Archaeological Desk Based Assessment (January 2014) prepared by Archaeological Services University of Durham; Geophysical Survey (February 2014) prepared by Archaeological Services University of Durham; and Transport Assessment (August 2014) prepared by WYG. 1.8 Taken together, these documents provide a full and detailed justification of the proposed development /A5/P1c/GF/rap 2

7 Introduction Statement Contents 1.9 Against this background, this Statement provides an overview of all aspects of the proposed development and an assessment of its appropriateness against the Development Plan and other material considerations. The scope of this Statement is as follows: Section 2 describes the Application Site and the main features of the surrounding area. Section 3 outlines the main components and features of the proposed development. Section 4 outlines the relevant planning policy context of the Application Site and the proposed development. Section 5 outlines the community engagement process which has been undertaken and the results of the public consultation. Section 6 sets out a planning assessment of the proposed development including overall compliance with adopted / emerging Development Plan Policy and other material considerations. Section 7 provides a summary and our conclusions on the proposed development /A5/P1c/GF/rap 3

8 Application Site and Surroundings 2.0 APPLICATION SITE AND SURROUNDINGS Application Site 2.1 The boundary of the Application Site ( the Site ) is identified in red on the Site Location Plan Drawing No Rev B which is provided at Appendix 1 of this Statement. The Site extends to circa 5.49 hectares (13.57 acres). At present the Site comprises agricultural land with no existing buildings. Except for the south eastern boundary, the Site is bordered by hedgerows. The south eastern boundary is not currently defined by any existing physical features on the ground. 2.2 The Site is located on the southern edge of the settlement of Sherburn Village. It is situated behind existing residential dwellings along Mill Lane and Front Street. The land to the south of the Site is in agricultural use and there are also some small pockets of woodland further to the south. To the north east, adjacent to dwellings along Front Street, are allotments. 2.3 There is currently no direct vehicular access point leading into the Site. 2.4 There are a range of local amenities, services and shops available within Sherburn Village which are within walking distance of the Site. These include a Post Office and a Cooperative Food Store, both located approximately 430m from the Site. Other facilities include a Community Centre, two public houses, a restaurant, newsagent and a number of independent shops. 2.5 Access to public transport is available along Front Street, close to the junction with South Street (approximately 350m from the Site). Three bus services run from this stop, providing regular access into Durham city centre and its associated facilities. Regular services are also provided to the Dragonville Tesco store. In addition, Durham Railway Station provides links with the wider north east and the rest of the UK. 2.6 A public footpath runs along the eastern boundary of the Site, providing pedestrian links to Front Street, and Sherburn Way runs to the immediate west of the Site. 2.7 The nearest primary school is Sherburn Village Primary School, which is located approximately 700m north of the Site. The Edubase website provided by the Department for Education (August 2014) indicates that the school has capacity for 189 children and there are currently 160 pupils at the school. The closest secondary school is Belmont Community School which is located in East Durham and lies approximately 2.5km north 21601/A5/P1c/GF/rap 4

9 Application Site and Surroundings west of the Site. Edubase indicates that the school has capacity for 820 children and there are currently 742 pupils in attendance at the school. 2.8 The nearest doctor s surgery is located in Sherburn Village, approximately 850m north of the Site. The surgery is currently accepting new patients according to the NHS Choices website (August 2014). In addition there is a pharmacy located in Sherburn Village, approximately 600m north of the Site. The nearest dentist is located in Durham, approximately 3.5km from the Site and is currently accepting new patients. 2.9 The Site is identified as being in Flood Zone 1 by the Environment Agency (EA) and as such is not considered to be at risk from fluvial flooding. The EA also confirm that the Site is not considered to be at risk from surface water flooding There is one listed building located within the settlement of Sherburn Village at the Church of St Mary, which is located approximately 300m west of the Site. Sherburn Village Conservation Area is located adjacent to the northern boundary of the Site, with a small part of the Conservation Area falling within the north eastern boundary of the Site In terms of ecology, the Site itself is not designated as being of importance, however Sherburn Hill Site of Special Scientific Interest (SSSI) is located approximately 250m to the south east of the Site A fuller analysis of the Site is provided in the submitted Design & Access Statement. Relevant Planning History 2.13 There are no known planning applications which have been previously submitted to Durham Council proposing development on the Site /A5/P1c/GF/rap 5

10 The Proposed Development 3.0 THE PROPOSED DEVELOPMENT 3.1 The proposed development comprises: Outline planning application for the erection of up to 120 no. dwellings (Class C3); and a new access off Mill Lane, with all other matters reserved. 3.2 An Indicative Masterplan has been prepared to demonstrate how development could be accommodated on the Site. A copy is included at Appendix 2. Features of this scheme include: 120 no. dwellings; A mix of dwelling types and sizes; Up to 20% affordable housing; New vehicular, cycle and pedestrian access off Mill Lane; New cycle and pedestrian access linking with the public footpath to the east of the Site; Potential for private driveways / garages; Approximately 1.49ha of public open space; Landscaping and planting throughout the Site; Private rear gardens; and A surface water attenuation pond. 3.3 The proposals detailed in the Indicative Masterplan will deliver a number of benefits to Sherburn Village and the surrounding area as follows: Increased housing choice in Sherburn Village through the provision of up to 120 additional dwellings including a range of housing size, type and tenure, with up to 20% affordable housing, to meet identified local needs. An attractive, low density development which will enhance the built form of the southern part of the village. An increase in the number of residents in Sherburn Village will assist in sustaining local shops and services and the general economy of the area. Approximately 1.49ha of public open space will be provided which may be used by all of Sherburn Village s residents, not just those living within the proposed development. Additional landscaping and planting will assist in improving the Site s biodiversity /A5/P1c/GF/rap 6

11 The Proposed Development Jobs will be created within the local area during the construction of the proposed development. Durham County Council (DCC) will benefit from the New Homes Bonus through the creation of additional new build homes within the County. Based on average Council Tax Bands for Durham County Council, this could be in the region of 850,667 over six years. 3.4 Further details of the indicative development proposal are contained within the Design and Access Statement which accompanies this planning application /A5/P1c/GF/rap 7

12 Planning Policy Context 4.0 PLANNING POLICY CONTEXT Introduction 4.1 This section sets out the planning policy framework relevant to the Site and proposed development. National Planning Policy Framework 4.2 The National Planning Policy Framework (NPPF) was published in March 2012 and sets out the Government s objectives for achieving sustainable development. The NPPF establishes a presumption in favour of sustainable development. 4.3 At the heart of the NPPF is the presumption in favour of sustainable development which should be seen as a golden thread running through both plan-making and decisiontaking. Development proposals which accord with the development plan should be approved without delay. Where the development plan is absent or silent or policies of relevance are out of date, planning permission should be granted unless any adverse impacts of doing so would significantly outweigh the benefits when assessed against the policies in the Framework. 4.4 Paragraph 7 confirms there are three dimensions to sustainable development: economic, social and environmental. When judged against these dimensions, the proposed development satisfies the definition of sustainable development for the following reasons: Economic Role: The proposed residential development of up to 120 no. dwellings will contribute to the economy through local construction jobs during the construction phase of the development. Furthermore the use of local tradesmen and services along with materials will help to sustain the local economy through supply chain multipliers. Finally, once the dwellings are constructed, the addition of new residents to Sherburn Village will result in a boost to the local economy and help sustain existing businesses through additional expenditure in local shops and services. In addition, Durham County Council will benefit from the New Homes Bonus through the creation of additional new build homes within the County. Based on average Council Tax Bands for Durham County Council, this could be in the region of 850,667 over six years /A5/P1c/GF/rap 8

13 Planning Policy Context Social Role: The delivery of up to 120 additional residential dwellings has the potential to maintain and develop a strong and vibrant community, in a high quality built environment. The incorporation of a mix of 2, 3 and 4 bedroom dwellings, and a proportion of affordable housing, will help to increase the range and type of dwellings and tenures available within the locality, contributing to the creation of a mixed and balanced community, as well as meeting identified housing needs within Sherburn Village. Environmental Role: The proposed development will make a positive contribution towards the quality of the built environment of the area through the careful design and layout of the proposed dwellings and amenity space. The proposals are also capable of contributing to the protection and enhancement of the natural environment by minimising the use of natural resources and minimising waste and pollution. The scheme will also provide features within the site to enhance the biodiversity value for local wildlife. A comprehensive approach will be taken in order to deliver high standards of energy efficiency, thus helping to minimise any adverse impact arising from the development. 4.5 When making planning decisions, Paragraph 14 of the NPPF confirms that the presumption in favour of sustainable development means granting permission where the Development Plan is absent, silent or relevant policies are out-of-date unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole; or specific policies in the Framework indicate development should be restricted. As the Development Plan is out-of-date (as detailed later in this section), the NPPF s presumption in favour of sustainable development should be applied as one of the primary material considerations in the assessment of the proposed development. Building a Strong, Competitive Economy 4.6 One of the 12 Core Planning Principles set out at Paragraph 17 of the NPPF, seeks to ensure that planning should: proactively drive and support sustainable economic development to deliver the homes, business and industrial units, infrastructure and thriving local places that the country needs. Every effort should be made objectively to identify and then meet the housing, business 21601/A5/P1c/GF/rap 9

14 Planning Policy Context and other development needs of an area, and respond positively to wider opportunities for growth. 4.7 This core planning principle is developed throughout the NPPF. In respect of building a strong and competitive economy, the Government is committed to securing economic growth in order to create jobs and prosperity and ensuring that the planning system does everything it can to support sustainable economic growth and does not act as an impediment to sustainable growth (Paragraphs 18-19). The NPPF states that local authorities should plan proactively to address any lack of housing (Paragraph 21). 4.8 The proposed development will assist in the economic growth of Sherburn Village by providing additional residents to support local shops and services. In addition, by delivering a range of housing types and tenure, the sustainable growth of the area will be supported. Promoting Sustainable Transport 4.9 The NPPF promotes sustainable transport and requires all developments that generate significant amounts of movement to be supported by a Transport Statement or Transport Assessment. Decisions should take account of opportunities for sustainable transport modes, the safety and suitability of proposed access to the site and improvements on the transport network that cost effectively limit the significant impacts of the development (Paragraph 32) A Transport Assessment has been submitted in support of this application, in accordance with the NPPF and guidance provided by Durham County Council Highways department. It demonstrates that a suitable and safe access to the site can be provided and that the scale of traffic generated by the development can be accommodated by the existing highway network Furthermore, it also highlights that a range of services and facilities are available within walking distance of the Site, and that it is close to a bus route which provides sustainable access to other nearby centres such as Durham where there are a fuller range of retail and other facilities. Delivering a Wide Choice of High Quality Homes 4.12 Key objective of the NPPF is to boost significantly the supply of housing (paragraph 47) and to deliver a wide choice of high quality homes to widen opportunities for home ownership and create sustainable, inclusive and mixed communities (paragraph 50) /A5/P1c/GF/rap 10

15 Planning Policy Context 4.13 This development proposes up to 120 no. dwellings of which up to 20% would be affordable to help meet the differing needs arising in the local area and help achieve a truly sustainable, inclusive and mixed community that integrates well with the wider settlement. There will be a mix of dwelling sizes in order to provide an appropriate level of choice, including for families with children and older people The low density nature of the proposal responds well to the landscape and setting of the Site and presents an opportunity to deliver a high quality and well designed development, which will integrate well with its surroundings. Requiring Good Design 4.15 Good design is a key aspect of sustainable development, and the Government considers it is important to plan positively for the delivery of high quality and inclusive design for all development (Paragraph 57). Paragraph 58 sets out the following criteria in which decisions should aim to ensure that developments: - will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; - establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit; - optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks; - respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation; - create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and - are visually attractive as a result of good architecture and appropriate landscaping This application is for an Outline scheme and therefore detailed design is a reserved matter. However, careful consideration has been afforded to the layout of the Indicative Masterplan to ensure that a high quality, safe and attractive residential development that people will want to live in can be delivered. Further details of this process are included within the Design and Access Statement submitted as part of this planning application /A5/P1c/GF/rap 11

16 Planning Policy Context Promoting Healthy Communities 4.17 Paragraph 69 of the NPPF seeks to promote healthy communities and the Outline proposals have sought to do this. In addition to having easy access to a range of facilities on foot or cycle, the Indicative Masterplan demonstrates potential to include sufficient private garden areas that will encourage play and active street frontages to bring together the community within the development. An extensive amount of public open space is also included for recreation. The draft proposals and subsequent detailed design of the Site will seek to discourage crime and disorder and provide a safe and accessible development. Meeting the Challenge of Climate Change, Flooding and Coastal Change 4.18 The NPPF gives planning a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change (Paragraph 93). Local planning authorities should adopt proactive strategies to mitigate and adapt to climate change taking full account of flood risk, water supply and demand considerations (Paragraph 94) and to support the move to a low carbon future (Paragraph 95). The potential for the creation of a sustainable development on this Site is considered in further detail in the Design and Access Statement which accompanies this planning application When determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere and should only consider development appropriate in areas at risk of flooding where informed by a flood risk assessment (Paragraph 103). As the Site is in excess of 1ha, a Flood Risk Assessment has been submitted in support of this application which demonstrates that the Site is located within Flood Zone 1. This means the site has the lowest category of flood risk attributable with an estimated annual probability of river flooding of less than 1 in 1000 years (i.e. a less than 0.1% chance in any given year). It also demonstrates that an appropriate drainage strategy can be provided on site to ensure that any surface water flood risk within the site and in the surrounding area can be adequately mitigated. Conserving and Enhancing the Natural Environment 4.20 The NPPF recognises the role of the planning system in contributing to and enhancing the natural and local environment (Paragraph 109) across a number of technical disciplines /A5/P1c/GF/rap 12

17 Planning Policy Context 4.21 Paragraphs seek to minimise the impact on biodiversity and geodiversity. In particular, priority habitats and protected species should be preserved. An Ecology Surveys has been undertaken for the Site. It is proposed that new habitats could be created within the site through the provision of gardens, public open space and additional landscaped areas to enhance its biodiversity value. Planning Practice Guidance (2014) 4.22 Planning Practice Guidance (PPG) was published in March 2014 and provides support for new jobs and homes, as well as outlining protection for the natural and historic environment Chapter 26 of PPG promotes good design which is attractive, functional, produces successful public spaces and encourages ease of movement. Particular consideration should be afforded to local context, quality of the public realm, quality of streets and designing out crime Chapter 42 highlights the importance of Travel Plans, Transport Assessments and Statements in Decision Taking. Travel Plans should be used to promote sustainable forms of transport. However, they should not be used to penalise motorists through reduced parking spaces which is likely to lead to an increase in on-street parking. Enforcing maximum parking standards may lead to poor quality development and congested streets. Parking provision should be appropriate to the needs of the development and not reduced to a level which may be considered unreasonable, which may undermine the vitality of an area though a lack of sufficient parking provision. Conclusions 4.25 The development proposal is in accordance with the core planning principles and policy requirements of the NPPF in respect of all relevant topic areas discussed above. The proposals will bring a range of clear economic, social and environmental benefits, and therefore we consider that the proposals represent sustainable development and for the reasons outlined later in this report, should benefit from the presumption in favour of sustainable development As outlined at paragraph 187 of the NPPF, every effort should be made to seek to approve sustainable development and we consider that this should apply to the proposals set out in this outline planning application /A5/P1c/GF/rap 13

18 Planning Policy Context The Development Plan 4.27 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that planning applications are determined in accordance with the Development Plan unless material considerations indicate otherwise. Following the revocation of the North East of England Plan (Regional Spatial Strategy) and the County Durham Structure Plan in May 2013, the Development Plan for the Site comprises the saved policies of the City of Durham Local Plan (adopted 2004) The Development Plan is now significantly dated and there is a regional and local policy void in the area in the absence of an up to date Development Plan. City of Durham Local Plan (2004) 4.29 As the Local Plan was adopted in 2004, only due weight may be given to its policies, according to their degree of consistency with the NPPF, as confirmed at paragraph 215 of the NPPF The Proposals Map which accompanied the City of Durham Local Plan identifies that the Site is located within the open countryside, adjacent on two sides to the settlement boundary for Sherburn Village The following saved policies apply to the proposed development: 4.32 Policy E7: Development Outside of Settlement Limits Development within the open countryside will only be permitted in accordance with Policies E8, H4, H5, H6, H15, EMP7, EMP16, EMP17, EMP17A, R10, R16, R17, R18, V7, C3, U8 or U15 of the Plan Policy E14: Existing Trees and Hedgerows The Council will protect ancient woodland and designated tree preservation orders. Development proposals should seek to retain individual and groups of trees and hedgerow, or replace those which are lost. A tree survey is required to support planning applications where development affects trees inside or outside of the development area Policy E15: New Trees and Hedgerows Tree and hedgerow planting will be encouraged, particularly along major transport routes, urban fringes and developed sites Policy E16: Nature Conservation The Natural Environment The Council will protect and enhance nature conservation sites. Development proposals outside of these 21601/A5/P1c/GF/rap 14

19 Planning Policy Context areas will be required to identify any nature conservation interest adjacent to the site, avoid any unacceptable harm to these interests and provide mitigation measures against any adverse impacts Policy E22: Conservation Areas The Council will preserve or enhance the character and appearance of conservation areas. Development which detracts from the character and appearance of a conservation area, or its setting, will not be permitted. Proposals should be sensitive in terms of siting, scale, design and materials Policy H3: New Housing Development in the Villages The limited development of small greenfield sites (less than 10 units / 0.33ha) will be permitted in those coalfield villages most in need of regeneration (including Sherburn ). Policy H3 also identifies Sherburn as a Larger Village Policy H5: New Housing in the Countryside New housing development within the Countryside will only be permitted where it is for agricultural or forestry workers and there is a proven need for this type of development Policy H12: Affordable Housing: Ensuring a Range of Housing Types On sites of 25 or more dwellings, or 1ha in size, and where local need exists, the Council will negotiate an appropriate and reasonable proportion of affordable housing for a range of house types and sizes Policy H12a: The Type and Size of Housing The Council will monitor the type and size of housing stock. If there is a need for a particular size or type of dwelling, the Council will negotiate with developers to secure the appropriate size and type of dwellings as required Policy T1: Transport General Planning permission will not be granted for traffic generating development which would be detrimental to highway safety and / or the amenity of neighbouring occupiers Policy T10: Parking Vehicle parking in new developments should be limited to promote sustainable transport sources. In respect of residential developments, off-road provision should not exceed 1.5 spaces per dwelling Policy T21: Walkers Needs Existing footpaths and public rights of way will be protected Policy S5: Local Centres Sherburn is defined as a Local Centre and therefore provides services and facilities for the local population /A5/P1c/GF/rap 15

20 Planning Policy Context 4.45 Policy R2: Recreational and Amenity Space in New Residential Developments for schemes of 10 or more dwellings, open space will be required to be provided within or adjacent to the development, comprising informal play space/equipped playgrounds (at least 100sqm per dwelling) and amenity space (at least 200 sqm per dwelling). The provision of open space should be planned as an integral part of a new housing area, with playing facilities accessible by safe routes with easy access to houses, and amenity space providing landscaped areas that create attractive new spaces within new housing development for public enjoyment which can also enhance its setting and assimilation within its immediate locality Policy Q1: Designing for People The layout and design of all new development should afford consideration to personal safety and crime provision and the access needs of people with disabilities, the elderly and those with children Policy Q2: Designing for Accessibility The layout and design of new development should minimise conflict between pedestrians, cyclists and motor vehicles; meet the requirements of public transport users; allow for the provision of car and cycle parking; allow access and turning for service and emergency vehicles; and include traffic calming measures Policy Q5: Landscaping General Provision All new development which has an impact on the visual amenity of the area will be required to incorporate a high standard of landscaping Policy Q6: Landscaping Structural Landscaping New development on the edge of settlements will be required to include peripheral landscaping in order to avoid any adverse visual impact Policy Q8: Layout and Design Residential Development The layout of new residential development should have a clearly defined road hierarchy suitable for all transport users; adequate amenity space and privacy for each dwelling; attractive open space; underground services; the retention of existing features of interest; be appropriate in scale, form, density and materials; and make an efficient use of the land Policy U8a: Disposal of Foul Water Development proposals will only be permitted if they include satisfactory arrangements for the disposal of foul and surface water /A5/P1c/GF/rap 16

21 Planning Policy Context Emerging Development Plan County Durham Plan Pre-Submission Draft (October 2013) 4.52 County Durham is in the process of reviewing and replacing the Development Plan. The Pre-Submission Plan was published for consultation between 14 th October and 6 th December The Plan was submitted for Examination on 25 th April 2014, and Examination Hearings are expected to take place during October Once adopted, the Plan will set the policy context to guide future development proposals for the County during the Plan period to The County Durham Pre-Submission Plan Draft Proposals Map proposes to allocate the Site for residential use (H/13). Emerging County Durham Plan policies of relevance to the proposed development at Sherburn Village are as follows: 4.55 Policy 1: Sustainable Development The Council will work proactively with applicants, reflecting the presumption in favour of sustainable development. Proposals will be assessed against a number of criteria including supporting the local economy and businesses; reducing the need to travel; promoting inclusive, cohesive and healthy communities; reducing carbon emissions; promoting good design; reducing risks from unstable ground; and protecting biodiversity Policy 2: Spatial Approach Main Towns will be the principle focus for new housing development, whilst the Smaller Towns and Larger Villages will function as local employment and service centres and will continue to meet the needs of local communities, including housing. The supporting text to this policy confirms that Sherburn is classified as one of 23 Smaller Towns and Larger Villages Policy 3: Quantity of New Development At least 31,400 new dwellings will be delivered during the period to These should comprise a mix of type, size and tenure Policy 4: Distribution of Development In reflecting the spatial approach, the Plan seeks to allocate sufficient housing sites to meet identified needs, taking account of the opportunities and constraints. For Central Durham, the policy identifies a requirement for 110 new dwellings to be delivered in the settlement of Sherburn during the period to /A5/P1c/GF/rap 17

22 Planning Policy Context 4.59 Policy 5: Developer Contributions New development will be required to contribute towards the provision / improvement of physical, social and environmental infrastructure. This will be facilitated through S106 and / or the Community Infrastructure Levy (CIL) Policy 16: Sustainable Design in the Built Environment Focuses on promoting good places and spaces; buildings and signage; and street furniture. A number of criteria are outlined including promoting accessibility and permeability; reduction of carbon emissions; the efficient use of land; and sustainable design in terms of materials, water and drainage Policy 18: Local Amenity Permission will not be granted for proposals which would have a significant adverse impact on neighbouring amenity through noise, vibration, odour, dust, fumes, overlooking, visual intrusion or dominance and loss of light or privacy Policy 19: Air Quality, Light and Noise Pollution All development will be expected to limit light, noise and air pollution through good design Policy 26: Retail Hierarchy and Development in Commercial Centres Sherburn Village is identified as a Local Centre for retail provision Policy 30: Housing Land Allocations Land East of Mill Lane, Sherburn is identified as a proposed allocation for 100 dwellings (ref: H/13), and is expected to be delivered in the medium term (2019/ /24). The policy states that development of the site should include structural planting along the southern boundary Policy 31: Addressing Housing Need Within the Central Durham area, 20% affordable housing will be sought on sites of 15 units or 0.5ha in size (regardless of the number of units proposed). In addition, 10% of private or intermediate housing on sites of 0.5ha in size or 15 or more units should be provided to increase the housing options for the elderly through level access flats, bungalows or sheltered housing Policy 34: Type and Mix of Housing An appropriate mix of dwelling types and sizes will be sought on all new housing developments Policy 39: Landscape Character Development proposals will only be permitted where they would not cause significant harm to the character, quality or distinctiveness of the landscape or important features or views, unless the benefits of the development outweigh its impacts /A5/P1c/GF/rap 18

23 Planning Policy Context 4.68 Policy 40: Trees, Woodland and Hedges Development proposals which will result in loss or damage to trees and hedgerow of high amenity, biodiversity or heritage value will not be supported unless the benefits outweigh the loss. Proposals should retain existing trees and hedgerows where possible and replacement planting should mitigate against any loss Policy 41: Biodiversity and Geodiversity Proposals will not be permitted if adverse impacts on biodiversity or geodiversity cannot be mitigated against or compensated for. Proposals should conserve and enhance biodiversity, resulting in a net gain where possible Policy 44: Historic Environment Development which would lead to substantial harm to a designated heritage asset will not be permitted unless the harm or loss is necessary to achieve overriding public benefits Policy 46: Water Management Proposals should consider the effect of proposed development on flood risk both on-site and off-site. If it is proven through a Flood Risk Assessment that the development will be safe, without increasing risk elsewhere, development will be permitted. In terms of surface water, run-off should be sequentially managed by an infiltration or soak away system; a water course; a sewer. In terms of foul water, disposal should be sequentially managed by connection to the public sewer; a package sewage treatment plant; a septic tank Policy 48: Delivering Sustainable Transport Transport implications of a development should be assessed as part of the planning application. Development should: facilitate investment in sustainable modes of transport such as cycling, walking or car sharing; provide direct, permeable routes for all modes of transport; and ensure additional vehicle movements can be accommodated on the local and strategic highway network. Supplementary Planning Guidance / Documents 4.73 There are currently no Supplementary Planning Guidance / Documents of relevance to the proposed development. Evidence Base 4.74 The preparation of the emerging Local Plan has been informed by a suite of evidence base documents. The most relevant of these documents to the proposed development is the Durham County Strategic Housing Land Availability Assessment (SHLAA) /A5/P1c/GF/rap 19

24 Planning Policy Context Strategic Housing Land Availability Assessment (October 2013) 4.75 A total of three Sites within Sherburn Village were submitted by the Applicant to the SHLAA for consideration as potential housing allocations. Two of these sites were not considered to be suitable for residential development by DCC The Durham County SHLAA identifies the third site, Land East of Mill Lane, as being suitable for residential development (ref: 4/SB/03) and this has directly informed the proposed allocation within the emerging County Durham Plan The assessment within the SHLAA considers that the development of the Site is logical and could provide a sustainable extension to the existing settlement. It also confirms that the Highways Department consider that access into the Site is possible from Mill Lane. When compared with other alternative sites within the settlement, the application site was considered the most suitable and sustainable option in meeting the locally identified housing needs and the overall Housing Requirement set out in the County Durham Plan. Policy Conclusions 4.78 The adopted City of Durham Local Plan is now out-of-date in relation to various aspects of planning policy, including policy relevant to residential development. The NPPF therefore provides the most appropriate basis against which this proposal should be assessed, alongside those Development Plan policies which can still be given weight, as advised at paragraph 215 of the NPPF. An assessment against these tests is detailed in Sections 6 of this Statement The emerging Local Plan supports the presumption in favour of sustainable development, consistent with the NPPF. It also advocates the Site as a draft housing allocation in order to assist in meeting the County s identified housing need during the Plan period, as informed by an extensive evidence base including the SHLAA assessment of the Site, which concludes that it is the most suitable and sustainable option in Sherburn Village for residential development Section 6 of this Statement provides a comprehensive assessment of the Site and proposed development s compliance with the Development Plan and other material considerations including the NPPF /A5/P1c/GF/rap 20

25 Statement of Community Engagement 5.0 STATEMENT OF COMMUNITY ENGAGEMENT Introduction 5.1 The importance of engaging with the local community as part of the planning process is highlighted by the Localism Act and DCC s Statement of Community Involvement. The Act encourages pre-application consultation with local communities prior to the submission of a planning application. 5.2 Given the location of the site proposed for development, the consultation strategy has been carefully considered to ensure full engagement with local residents. Local Planning Authority 5.3 Pre-application advice was requested from DCC on 5 th February 2013 in respect of the development of approximately 100 dwellings on the Site. On 20 th March 2013 preapplication advice was received from Durham County Council (ref: 4/13/00112/PRE45/SP1). 5.4 Within their advice, the Council highlighted that, as the Site falls outside of the settlement boundary for Sherburn Village, Policy H3 of the Durham City Local Plan applies and therefore there is a need for other material considerations to justify a departure from the Plan. However it was acknowledged that the NPPF is less restrictive than the Local Plan and seeks to significantly boost the supply of housing to create sustainable communities. Notwithstanding this, at the time of providing the advice, Durham County Council considered that they could demonstrate a five year housing land supply and there was therefore not a requirement for the release of additional sites for housing. 5.5 The Council advised that the Site should be promoted as a potential housing allocation through the emerging County Durham Plan, however, at the time that the advice was provided, the level of growth required within specific settlements was still to be determined. Notwithstanding this, it was advised that, should growth be required in Sherburn Village, the Site appeared to have good potential in the Council s SHLAA. 5.6 Following this advice, Barton Willmore submitted representations to Durham County Council in respect of the emerging County Durham Plan to promote the Site for residential development. The Site was subsequently included within the Pre- Submission County Durham Plan as a proposed allocation to meet Sherburn Village s identified housing need /A5/P1c/GF/rap 21

26 Statement of Community Engagement 5.7 On 26 th November 2013, Barton Willmore requested an Environmental Impact Assessment (EIA) Screening Opinion from Durham County Council in respect of the development of up to 120 dwellings on the Site. 5.8 Durham County Council s Screening Opinion was provided on 9 th December 2013 (ref: CE/13/01275/PRE28) and concluded that the proposed development would not require an EIA to be submitted as part of a planning application. The Council considered that the Site is not located within an area that is environmentally sensitive and that, given the characteristics of the development, any impacts would only be local in their effects. As such, Durham County Council do not consider that there would be any significant effects on the environment and an EIA is therefore not required. Parish Council 5.9 On 7 th April 2014, Barton Willmore contacted Sherburn Parish Council with a view to meeting with the Church Commissioners and their consultant team to discuss the proposed development at the Parish Council s meeting on 13 th May As the May meeting was the Parish Council s Annual General Meeting, the Clerk proposed that the meeting took place on 20 th May It was proposed that the meeting would be held at Sherburn Village Leisure Centre and that it would be advertised by the Parish Council to ensure that local residents were aware of the meeting, should they wish to attend A presentation was prepared by the Church Commissioners, Barton Willmore and the consultant team in order to provide the Parish Council, and any local residents in attendance, with further information regarding planning policy; transport and accessibility; flood risk and drainage; ecology; archaeology; key constraints and opportunities; and the Indicative Masterplan for the Site Representatives from the Church Commissioners, Barton Willmore, AJT Environmental (architects), WYG (highways) and Curtins (flood risk and drainage) attended the meeting to provide information and answer questions on their specialist areas The meeting was well attended by approximately 60 members of the public who had the opportunity to ask the consultant team questions about the proposed development The key planning queries which arose from the Parish Council meeting are summarised as follows: 21601/A5/P1c/GF/rap 22

27 Statement of Community Engagement Comment A lack of capacity at the local doctor s surgery. Capacity at the local primary school. General highways concerns including high traffic speeds along Mill Lane and access. The Site is not / has only recently been identified in the SHLAA. Sherburn Village does not need any more housing. Response Whilst the NHS Choices website identifies that Sherburn Medical Centre is still accepting new patients, the NHS may request a Section 106 contribution towards improving local health facilities, which the applicant would be agreeable to in principle, subject to the appropriate justification. Whilst Edubase identifies that there is capacity in local primary and secondary schools, the Local Education Authority may request a Section 106 contribution towards improving local education facilities, which the applicant would be agreeable to in principle, subject to the appropriate justification. A speed survey has been undertaken on Mill Lane in the vicinity of the proposed site access which showed approximately 98% of traffic to be travelling at less than 40mph. Average speeds were recorded to be 30mph. The Site has been considered by the SHLAA for a number of years and it is acknowledged that it was previously identified as being unsuitable for residential development. Sites can be considered unsuitable for a variety of reasons including planning policy restrictions or a lack of supporting information to demonstrate otherwise. Since the Site was considered unsuitable, both National and Local Planning Policy has changed significantly. In addition, a significant amount of survey work has been undertaken in relation to this Site by the Church Commissioners for England which has demonstrated to Durham County Council that the Site is in fact suitable for residential development. The Pre-Submission version of the County Durham Plan identifies a requirement for an additional 110 dwellings in Sherburn Village during the Plan Period. An Evidence Base underpins the emerging County Durham Plan, including a study of objectively assessed housing need. Sherburn Village is also identified as a Smaller Town and Larger Village within the County Durham Plan and is therefore considered a suitable location for new housing to meet local need, under the provision of emerging Policy 2. Local Residents 5.15 Following the Parish Council meeting, a leaflet detailing the proposal was sent to the residents of Sherburn Village on 26 th June A total of 1,475 leaflets were 21601/A5/P1c/GF/rap 23

28 Statement of Community Engagement distributed. A map detailing the distribution of the leaflet can be viewed at Appendix The leaflet included information on the proposal, including a copy of the indicative masterplan. The leaflet also included three questions for residents to respond to as follows, as well as inviting general comments: 1. The need for additional residential development in Sherburn Village has been identified in the emerging County Durham Plan and the principle of residential development on this Site is currently supported by the County Council. Do you agree that there is a need for new housing in Sherburn Village and the surrounding area? 2. What type, size and tenure of new housing should be included within the proposed development? 3. What should the open space within the site be used for? (i.e. play areas, wildlife, allotments, other) A return stamp was provided on the reverse of the comment card for the convenience of local residents. An address and telephone number at Barton Willmore were also provided for local residents to submit their views. The closing date for receiving comments was 11 th July 2014, however, comments have continued to be considered up to the submission of the planning application. A copy of the leaflet is included at Appendix 4. Consultation Results 5.18 A total of 154 responses to the consultation have been received to date, which represents approximately 10% of properties in the consultation area % of respondents agreed that there is a need for new housing in Sherburn Village and the surrounding area. 65% disagreed and 3% were unsure In response to the type, size and tenure of properties which should be provided as part of the proposed development, 17% of respondents would like to see more / all affordable housing on the Site. 13% of respondents would like bungalows to be provided as part of the proposal. Overall, the response was that a mix of dwelling sizes should be provided on the Site, including large detached properties, as well as smaller two bedroom properties /A5/P1c/GF/rap 24

29 Statement of Community Engagement 5.21 In terms of the open space, 26% of respondents would like to see a children s play area included within the development proposal. In addition, 25% would like to see the inclusion of areas for wildlife. Other suggestions included allotments and designated dog walks. Response to Comments 5.22 Whilst 65% of the 154 responses disagreed that there was a need for new housing in Sherburn Village, the need for new housing in Sherburn Village has been established through the emerging County Durham Plan, which has been underpinned by an Evidence Base. Furthermore, the principle of residential development on the Site east of Mill Lane has also been established through the emerging County Durham Plan It is also noted that 32% of the 154 responses agreed that there was a need for new housing in Sherburn Village. This is a positive response as, generally when new residential development is proposed in a settlement, the proportion of responses against the proposal is higher With regards to the size, type and tenure of the proposed dwellings, a mix of sizes is currently proposed, in accordance with the results of the public consultation. Bungalows have not been included at this stage as the application is for outline permission only. However, bungalows may be included within the final design at Reserved Matters stage at the appropriate time There are a number of features within the proposed public open space included on the Indicative Masterplan which will encourage wildlife within the Site, such as the green corridor through the centre of the Site and additional hedgerow and tree planting. It is also possible that parts of the public open space may not be cut back at certain times of year to enable grasses and wild flowers to grow in the summer, however this will be confirmed through the subsequent Reserved Matters application at the appropriate time. Sufficient space within the site will also ensure that adequate provision for a children s play space can be accommodated, although the final details of this would also be confirmed at the Reserved Matters stage A number of general comments were received in respect of the proposal and these are detailed along with our response, at Appendix /A5/P1c/GF/rap 25

30 Statement of Community Engagement Conclusion 5.27 Pre-application consultation has been undertaken with DCC, Sherburn Village Parish Council and local residents A leaflet was sent to 1,475 properties in Sherburn Village, detailing the outline proposal and requesting feedback. 154 responses were received. 32% of respondents agreed that there is a need for new housing in and around Sherburn Village The key concerns raised were in relation to the impact on the local highway network, as well as schools and GP Surgeries. The need was highlighted for a mix of dwelling sizes to be provided as part of the proposal, as well as children s play space and areas for wildlife. Whilst the Indicative Masterplan reflects some of these comments, as this application is for outline planning permission, they will be considered in further detail through a Reserved Matters application at the appropriate time. However, we consider that the proposals have responded positively to the feedback from the local community and the Indicative Masterplan demonstrates sufficient flexibility at this stage to ensure such requirements can be adequately accommodated at the Reserved Matters stage /A5/P1c/GF/rap 26

31 Planning Assessment 6.0 PLANNING ASSESSMENT 6.1 This section outlines our assessment of the proposed development against the planning policy context and issues identified in Section 4. Reference is made to the findings of technical reports submitted in support of the Planning Application in order to avoid unnecessary repetition. Decision-Making Approach 6.2 The NPPF forms the primary consideration for the planning application due to the age of the Development Plan and the status of the emerging Plan s policies. As such only limited weight should be given to the adopted Local Plan and the emerging Local Plan, albeit the latter clearly indicates the current direction of travel in planning policy terms, as supported by an extensive evidence base. 6.3 On this basis, the approach to assessing the principle of development should be based on whether the scheme constitutes sustainable development and will thus benefit from the NPPF Paragraph 14 presumption in favour, provided any adverse impacts are significantly and demonstrably outweighed by the benefits of the proposal. 6.4 As outlined at Paragraph 4.4, the proposed development should be defined as sustainable development for the following reasons: Economic Role: The proposed residential development of up to 120 no. dwellings will contribute to the economy through local construction jobs during the construction phase of the development. Furthermore the use of local tradesmen and services along with materials will help to sustain the local economy through supply chain multipliers. Finally, once the dwellings are constructed, the addition of new residents to Sherburn Village will result in a boost to the local economy and help sustain existing businesses through additional expenditure in local shops and services. In addition, Durham County Council will benefit from the New Homes Bonus through the creation of additional new build homes within the County. Based on average Council Tax Bands for Durham County Council, this could be in the region of 850,667 over six years. Social Role: The delivery of up to 120 additional residential dwellings has the potential to maintain and develop a strong and vibrant community, in a high quality built environment. The incorporation of a mix of 2, 3 and 4 bedroom dwellings, and a proportion of affordable housing, will help to increase the range and type of 21601/A5/P1c/GF/rap 27

32 Planning Assessment dwellings and tenures available within the locality, contributing to the creation of a mixed and balanced community, as well as meeting identified housing needs within Sherburn Village. Environmental Role: The proposed development will make a positive contribution towards the quality of the built environment of the area through the careful design and layout of the proposed dwellings and amenity space. The proposals are also capable of contributing to the protection and enhancement of the natural environment by minimising the use of natural resources and minimising waste and pollution. The scheme will also provide features within the site to enhance the biodiversity value for local wildlife. A comprehensive approach will be taken in order to deliver high standards of energy efficiency, thus helping to minimise any adverse impact arising from the development. 6.5 The proposed development s performance as sustainable development is tested and demonstrated throughout the documents submitted in support of this planning application. The technical issues which form an integral assessment of the principle of development have been assessed in the planning application supporting documents. 6.6 Existing, but now out-dated local policy identifies the site as falling outside of the settlement boundary for Sherburn Village and within the open countryside. However, the emerging County Durham Plan includes the Site as a proposed housing allocation required to meet the County s housing requirements during the Plan period. 6.7 This Section of the Statement summarises the findings of the supporting documents and tests them against the requirements of the NPPF and the adopted / emerging Development Plan (where consistency is achieved). 6.8 Arising from this assessment, we then examine whether there are any adverse impacts which would arise from the proposed development which would outweigh the benefits when assessed against the NPPF s policies as a whole (It is however confirmed at this point, with reference to footnote 9 to Paragraph 14 of the NPPF, that there are no specific policies in the NPPF which indicate development should be restricted at the Site). The outcome of this assessment and consideration of other material considerations will then inform whether the proposed development ought to benefit from planning permission. 6.9 To inform this assessment, the key issues to be tested are: 21601/A5/P1c/GF/rap 28

33 Planning Assessment Principle of Development; Design and Layout; Affordable Housing; Transport and Access; Landscape Design & Trees; Ecology and Nature Conservation; Impact upon Heritage Assets; Residential Amenity; Flood Risk and Drainage; Sustainability; and Planning Obligations These issues are assessed throughout the remainder of this Section. Principle of Development 6.11 The emerging County Durham Plan states that the Council will take a positive approach to development which reflects the presumption in favour of sustainable development outlined in the NPPF. It will work proactively with applicants to find solutions to enable proposals to be approved where possible Policy 3 of the emerging Plan identifies a requirement for at least 31,400 new dwellings to be delivered across the County during the period to Policy 4 identifies that 110 of these dwellings should be delivered at the settlement of Sherburn Village, whilst Policy 5 indicates this requirement will be met wholly within the application site The application site is located adjacent to the settlement boundary for Sherburn Village, within the open countryside. The existing Local Plan precludes development within the open countryside. However, the draft County Durham Plan proposes to allocate the Site for residential development. In addition, the Site is considered as being suitable for residential development within the Council s SHLAA In terms of the weight that can be attached to the Site s draft residential allocation, Paragraph 216 of the NPPF outlines that weight can be given to emerging plans based on: The stage of preparation of the Plan (greater weight is given to Plans which are more advanced) /A5/P1c/GF/rap 29

34 Planning Assessment The extent to which there are unresolved objections to relevant policies (the less significant the objections, the more weight can be given). The degree of consistency of the relevant policies with the NPPF (the more consistent, the greater weight may be attached) As the County Durham Plan is at Pre-Submission stage, this is considered to be relatively advanced and, as such, some weight can be attached to its policies. With specific regard to Policy 30, we are aware of some objections from local residents to the Site s proposed allocation. However, it is considered that the policy is consistent with the NPPF, which requires Local Planning Authorities to identify deliverable sites in the context of the presumption in favour of sustainable development. In addition, the existing Local Plan is now out of date and thus limited weight can be attached to its policies precluding development in the countryside, over an emerging allocation for residential development. Having regard to the above, it is considered that appropriate weight can be attached to Policy 30 of the emerging County Durham Plan and to the proposed allocation of the Site for residential purposes It is acknowledged that there is some disparity between the extent of the proposed allocation within the emerging County Durham Plan and the Site proposed for development as part of this planning application. Whilst for the purposes of a draft allocation, this has been informed by a certain degree of information to help demonstrate that the site is deliverable, suitable and available, it is not uncommon at the planning application stage for more detailed, site specific information to become available which has implications for the way a site can be developed. In this instance a number of issues have more recently come to light such as the public sewers and associated easements passing through the centre of the site, the extent and required location of on-site surface water attenuation and the proposal to provide public open space along the southern boundary. These issues in combination have necessitated an increase in site area in order to address these site specific issues and accommodate the scale of development envisaged by the proposed allocation. However, on the basis that the emerging Plan and associated evidence base provides support for this general location being suitable for residential development and that the additional land included within the application makes the site no less suitable for residential development than that identified within the emerging Plan, we do not consider there to be any overriding reason why the increase in site area is unacceptable in terms of the principle of development In addition, we are aware of the disparity between the number of dwellings proposed on the Site in Policy 30 of the emerging County Durham Plan (100 dwellings) and that 21601/A5/P1c/GF/rap 30

35 Planning Assessment proposed on the Indicative Masterplan (120 dwellings). It is noted that Policy 4 of the emerging County Durham Plan outlines a requirement for 110 dwellings in Sherburn Village. The Indicative Masterplan therefore provides sufficient dwellings to meet this identified need in full, with a further 10 dwellings included to make the design of this particular indicative layout work. Notwithstanding this, the Masterplan is indicative and it may be that the final number of dwellings delivered on the Site (to be confirmed through a Reserved Matters application) may be lower than 120, depending on market signals at the time In summary, the location of the Site on the edge of the settlement of Sherburn Village is considered to be sustainable, and therefore in accordance with the principles of the NPPF. Sherburn Village is identified as a Local Centre within the existing Local Plan, and a Smaller Town / Larger Village within the emerging County Durham Plan, which will continue to support local housing and employment. The settlement is therefore considered to be a wholly sustainable location for residential development. The Site is accessible by walking or cycling (less than 500m) to a range of shops and services within Sherburn Village, including a Co-Operative Foodstore, newsagents and post office, as well as public transport links to Durham where a fuller range of facilities, services and employment opportunities are located. Other facilities located within Sherburn Village also include a primary school, medical centre, pharmacy, pubs and a leisure centre Given the above, the proposed development is considered to be in accordance with NPPF Chapters 1 and 6, Saved Policies H3 and S5 of the Durham City Local Plan and Policies 1, 2, 3, 4, 26 and 30 of the emerging County Durham Plan, thus confirming that the principle of the proposed development is acceptable. Design & Layout 6.20 A Design and Access Statement has been prepared by AJT Environmental (September 2014) and is submitted as part of this planning application. The Design and Access Statement provides a commentary on the assessment of the Site and how this has informed the evolution of the design principles as indicated within the Indicative Masterplan for the Site. As this application seeks outline permission, the detailed design of the scheme is not for consideration at this stage However, the Indicative Masterplan submitted with the application seeks to establish a number of design principles in order to provide an appropriate framework within which to inform the future Reserved Matters stage. The indicative layout has been carefully 21601/A5/P1c/GF/rap 31

36 Planning Assessment designed to a high standard, taking account of the surrounding landscape as well as the character, layout and density of the adjoining settlement, to provide a safe and attractive residential development that people will want to live in Consideration has been afforded to the relationship with adjacent properties and the Conservation Area to the north, as well as the open countryside context to the south. Generous areas of open space and planting are shown on the indicative layout throughout the Site. In particular, the open space to the south of the Site provides an appropriate response to the site s edge of settlement location and helps provide a sensitive transition with the adjacent countryside beyond The indicative layout also helps to demonstrate that the Site is capable of accommodating a mix of different types and size of housing to meet a range of local needs. The final mix of dwelling size and type will be confirmed through a Reserved Matters application at the appropriate time In terms of public open space, notwithstanding the fact that Policy R2 of the Durham City Local Plan is out of date, the Indicative Masterplan demonstrates that more than sufficient provision can be accommodated on site to ensure the requirements of Policy R2 can be satisfied, including the provision of children s play space, informal space and amenity space. Furthermore, it is clear that the provision of open space has formed an integral part of the overall development, as demonstrated within the accompanying Design and Access Statement Whilst in outline, the accompanying documents in support of the application seek to identify key design principles that will help inform the future design and layout of the development, therefore confirming that the proposed development is capable of being designed to achieve the objectives of Sections 6 and 7 of the NPPF. It also complies with Polices H12a, R2, Q1, Q2 and Q8 of the City of Durham Local Plan and Policies 19, 16 and 34 of the emerging County Durham Plan. Affordable Housing 6.26 It is proposed that a proportion of the properties on site will be available to either rent or buy on an affordable basis. Policy 31 of the emerging County Durham Plan sets out a requirement for 20% affordable housing on sites of 15 units or more, or 0.5ha in size. The exact number and mix of units will be determined following further discussions with the Council, once all of the developer contributions have been determined and the financial requirements of the scheme have been appraised /A5/P1c/GF/rap 32

37 Planning Assessment 6.27 A Section 106 Agreement will be entered into between the Council and the applicant to ensure the delivery of affordable housing units on the Site. As such, it is considered that the proposal is in accordance with NPPF Chapter 6, City of Durham Local Plan Policy H12 and emerging County Durham Plan Policies 5 and 31. Residential Amenity 6.28 The indicative layout demonstrates that the final design of the proposed development is capable of safeguarding both the amenity of existing adjacent residential dwellings, and the amenity of the proposed dwellings on the Site through appropriate separation distances and boundary treatment The amenity of existing properties along Mill Lane and Front Street in particular will be preserved through the orientation of the proposed dwellings, as well as through appropriate boundary and landscaping, where appropriate Throughout the Site dwellings will be orientated to ensure privacy between properties, and habitable rooms and their windows will be positioned to avoid overlooking. It is also proposed to provide both private and public amenity space for residents to enjoy Given the above, the proposed development is considered to be in accordance with Chapter 7 of the NPPF, as well as Policies 18 and 19 of the emerging County Durham Local Plan. Transport and Access 6.32 A full assessment of the transport and access implications of the proposed development is provided in the Transport Assessment prepared by WYG, in consultation with Durham County Council It is proposed that the Site will be accessed via a new priority junction off Mill Lane, to include a ghost right turn lane. Appropriate visibility splays can be achieved, in line with the Manual for Streets guidance to ensure that a suitable access into and out of the site can be achieved that protects the safety of all road users The impact of the proposed development on the operation of the proposed site access junction on Mill Lane and existing off-site junctions has also been fully assessed. The modelling indicates that the proposed junction will accommodate both development traffic and background traffic growth in the year 2023 with spare operational capacity /A5/P1c/GF/rap 33

38 Planning Assessment As such, no junction improvements are required to mitigate against the impact of the proposed development of up to 120 dwellings Car parking will be provided in accordance with DCC s adopted standards at the time of the submission of a Reserved Matters application. This will include off street parking, private garages and / or driveways to reflect the most recent guidance within the NPPF and PPG The Transport Assessment also considers the sustainability of the Site in terms of walking, cycling and public transport. It concludes that the Site is well located to encourage local trips by both walking and cycling, with all of Sherburn Village s shops, services and facilities being located within acceptable walking and cycling distance of the Site. There is a Public Right of Way located to the immediate east of the Site and the Indicative Masterplan details the potential to provide a pedestrian and cycle link between the Site and this route In addition, the Transport Assessment concludes that the Site is accessible by high frequency public transport, providing regular access to sustainable transport to a range of destinations, including Durham City Centre and the Dragonville Tesco Store On this basis, the scheme complies with the terms of NPPF Chapter 4. It also complies with Policies T1, T10, T20 and T21 and Q2 of the City of Durham Local Plan and Policies 1 and 48 of the emerging County Durham Plan. Landscape Design & Trees 6.39 Landscaping will be a consideration at the reserved matters stage, following the grant of outline planning permission for the proposed development. As such, no detailed landscaping proposals are provided as part of this outline planning application There is no tree cover within the Site itself, but all trees and hedgerow bordering the Site will be retained, save for the hedgerow abutting Mill Lane which will need to be removed as necessary to allow the creation of the vehicular access The Indicative Masterplan does however demonstrate how significant open space and landscaping could be incorporated within the Site. It also demonstrates how the proposed development can create a softer edge to the existing settlement through the introduction of structural planting along its southern boundary /A5/P1c/GF/rap 34

39 Planning Assessment 6.42 The proposed development will be designed, through reserved matters, to achieve the objectives of Section 7 and Section 11 of the NPPF. It will also comply with Policies E14, E15, Q5 and Q6 of the City of Durham Local Plan, as well as Policies 39 and 40 of the emerging County Durham Plan. Ecology and Nature Conservation 6.43 A full assessment of the Site and the impact of the proposed development in respect of ecology and nature conservation is provided in the Ecology Habitat and Protected Species Risk Assessment (October 2013) prepared by Penn Associates, which accompanies this planning application It should be noted that this Report covers a larger area than the Application Site as at the time of the survey, it was unclear precisely where the southern boundary of the development would be located The survey highlights that there are no statutory or non-statutory designated ecological sites within the boundary of the Site. However, it does identify two statutory designations within 100m of the enlarged Site boundary surveyed, at Sherburn Hill Site of Special Scientific Interest and Sherburn Hill Local Wildlife Site. The Report does not raise any concern regarding the proximity of the enlarged Site to these ecological designations. Given that the final Application Site boundary is some 150m further away from these designations, it is not considered that they will be impacted upon as a result of the proposed development The main habitats found on the extended site were arable land with some trees and hedgerow, however, no protected species were recorded on the Site. One tree on the eastern periphery of the extended site was considered to have bat potential, and a low risk of barn owl potential. A second adjacent tree was considered to have a low bat potential. However, it should be noted that these trees fall outside the final Application Site and as such, further bat surveys were not required The Indicative Masterplan details how the biodiversity value of the Site could be significantly enhanced from that of the existing intensively farmed arable situation through the creation of a range of habitats including trees, hedgerow, grassland and wetland areas. These features will be confirmed through a Reserved Matters application at the appropriate time /A5/P1c/GF/rap 35

40 Planning Assessment 6.48 The proposed development is therefore capable of delivering significant biodiversity enhancements and on this basis, the scheme complies with the terms of NPPF Chapter 11. It also complies with Policy E16 of the City of Durham Local Plan and Policies 1 and 41 of the emerging County Durham Plan. Impact upon Heritage and Archaeology 6.49 A Desk-Based Archaeological Assessment (January 2014) and a Geophysical Survey (February 2014) have been undertaken by Archaeological Services Durham University and are submitted as part of this planning application No archaeological features have been identified which require preservation in situ, however, some anomalies relating to modern agricultural practices were detected during the Geophysical Survey. The Report recommends that a trial trenching scheme is secured by way of a condition in order to evaluate the possible archaeological features identified and assess their significance in order to inform the design of any mitigation scheme that may be required in relation to the proposed development There is one listed building located within the settlement of Sherburn Village at the Church of St Mary, which is located approximately 300m west of the Site. Sherburn Village Conservation Area is located adjacent to the northern boundary of the Site, with a small part of the Conservation Area falling within the north eastern boundary of the Site The layout included in the Indicative Masterplan is sensitive to the location of the Conservation Area, incorporating planting, green space and gardens backing onto it, as well as limiting building heights to minimise any obtrusiveness and to blend in with the character of the Conservation Area. The final design of the scheme, which will be confirmed through a Reserved Matters application at the appropriate time, will further consider the sensitivities of the Conservation Area and the relationship between it and the Site Given the above, it is considered that the proposed development complies with NPPF Chapter 12, as well as Policy E22 of the City of Durham Local Plan and Policy 44 the emerging County Durham Plan /A5/P1c/GF/rap 36

41 Planning Assessment Flood Risk and Drainage 6.54 A Flood Risk Assessment has been prepared by Curtins () and accompanies this planning application As the Site is in excess of 1ha, a Flood Risk Assessment has been submitted in support of this application which demonstrates that the Site is located within Flood Zone 1, which means the site has the lowest category of flood risk attributable with an estimated annual probability of river flooding of less than 1 in 1000 years (i.e. a less than 0.1% chance in any given year). It also demonstrates that an appropriate drainage strategy can be provided on-site to ensure that surface water flood risk to the Site can be adequately mitigated, as can the flood risk from development to the surrounding area On this basis, the scheme complies with the terms of NPPF Chapter 10, Saved Policy U8a of the City of Durham Local Plan and Policy 46 of the emerging County Durham Plan. Sustainability 6.57 The Site is considered to be in a sustainable location given its position on the edge of Sherburn Village, which is acknowledged to have a good range of facilities within the existing City of Durham Local Plan, and the emerging County Durham Local Plan. The Site is located within walking and cycling distance of these facilities, as well as regular public transport connections to a number of surrounding settlements and their associated services, facilities and employment opportunities The Design and Access Statement identifies the potential to maximise solar gain and energy efficiency by taking advantage of the natural topography and south facing aspect of the Site. As such, a key factor that has informed the Indicative Masterplan is developing a predominantly east-west street alignment to ensure a significant number of buildings face south or southwest in order to maximise the potential for the use of photovoltaics. Generally, there will be a number of potential ways in which CO2 emissions could be reduced and these will be considered in more detail at the reserved matters stage. However, these may include: High levels of insulation; Adequate ventilation; Efficient hot water heating systems; 21601/A5/P1c/GF/rap 37

42 Planning Assessment Low energy lighting; Doors and windows which exceed the current building regulation requirements; Passive solar design; and Recycling facilities Given the above, it is considered that the proposed development is in accordance with the NPPF and Policy 5 of the emerging County Durham Plan. Planning Obligations Draft Heads of Terms 6.60 Paragraph 204 of the NPPF confirms that planning obligations should only be sought where they meet all of the following tests: Necessary to make the development acceptable in planning terms; Directly related to the development; and Fairly and reasonably related in scale and kind to the development Consideration has been afforded to the planning policies relevant to the proposed residential development and the assessment of the proposal set out in the supporting application documents submitted with this Outline Planning Application. As such, it is considered that the following aspects may be required to make the scheme acceptable, which would need to be delivered by planning obligations. Affordable Housing (the exact level, type and tenure mix to be agreed with DCC); and Public open space (the exact quantum and type to be agreed with DCC) It is therefore confirmed that the applicant is agreeable in principle to entering into a Section 106 Agreement with DCC to provide an appropriate level of affordable housing on site, taking account of current and emerging policy and viability matters where relevant Whilst there is a draft charging schedule for CIL, this is yet to be adopted and, as such, the charges currently do not apply to the proposed residential development at the present time. Clearly, if the application is determined after the draft charging schedule is adopted, the implications in respect of any planning obligations would need to be reviewed accordingly /A5/P1c/GF/rap 38

43 Summary & Conclusions 7.0 SUMMARY & CONCLUSIONS 7.1 This Planning Statement has been prepared by Barton Willmore LLP on behalf of the Church Commissioners for England to assess the planning issues arising from an Outline Planning Application for a development comprising up to 120 no. residential dwellings and associated access, with all other matters reserved at Mill Lane, Sherburn Village. 7.2 The Site at Sherburn Village is a draft housing allocation in the emerging County Durham Plan, which is at an advanced stage of preparation and clearly indicates the most up to date, direction of travel in planning policy terms as informed by an extensive evidence base and significant consultation. Part of the Council s evidence base is the SHLAA which considers the Site to be the most suitable location for residential development within the village, when considered against all other available alternatives. This confirms that the Site is capable of providing a logical and sustainable extension to the existing settlement. 7.3 The baseline studies and technical assessments which accompany this application have demonstrated there are no unacceptable technical or environmental constraints to the development of the Site. These studies and assessments have fully informed the proposals for the Site and a clear design evolution has been demonstrated within the Design and Access Statement. Whilst in outline at this stage, an Indicative Masterplan has been prepared which demonstrates how the Site could be developed, taking full account of both the constraints and opportunities presented by the Site. The result is a high quality, sustainable development that will successfully integrate with the existing settlement and deliver clear benefits. Scheme Benefits 7.4 The proposed development represents a significant opportunity to deliver the following economic, social and environmental benefits to Sherburn Village and the wider area: It will deliver 120 no. houses, creating a sustainable residential extension to the settlement of Sherburn Village, contributing towards meeting the settlement s housing requirements to 2030 as set out in the County Durham Pre-Submission Draft Local Plan (October 2013); A proportion of affordable units will be provided as part of the development, thus helping to create mixed and balanced communities; 21601/A5/P1c/GF/rap 39

44 Summary & Conclusions A mix of two, three and four bed dwellings will be provided, helping to meet an identified need for such properties within the County; An attractive, low density development which will enhance the built form of the southern part of the village; Residential amenity will be protected, both within the development, and between the proposed development and neighbouring occupiers; There will be no unacceptable impact on the surrounding highway network; The Site is well located to promote pedestrian and cycle trips; The Site is well connected in terms of public transport to a number of larger settlements and their services within the surrounding area; The Site is located in close proximity to Sherburn Village Centre where a range of shops, services and local facilities are available; New residents will help to sustain existing shops, services and facilities within the settlement s village centre due to the higher footfall and patronage, thus reinforcing the town s local retail and service role; Approximately 1.49ha of public open space will be provided which may be used by all of Sherburn Village s residents, not just those living within the proposed development; The site is not at risk of flooding nor will it increase the risk of flooding elsewhere; A drainage solution is proposed that would ensure that surface water can be satisfactorily disposed off; There is potential to significantly enhance biodiversity from the Site s current arable form; Jobs will be created within the local area during the construction of the proposed development; Durham County Council will benefit from the New Homes Bonus through the creation of additional new build homes within the County. Based on average Council Tax Bands for Durham County Council, this could be in the region of 850,667 over six years; and The applicant is willing to enter into a Section 106 Agreement with the Council to ensure the delivery of the affordable housing and public open space. Decision Making Approach 7.5 The NPPF forms the primary consideration for the planning application due to the age of the Development Plan and the status of the Plan policies /A5/P1c/GF/rap 40

45 Summary & Conclusions 7.6 The content of the emerging County Durham Plan and some parts of the existing City of Durham Local Plan are also material considerations. These documents have less decision-making weight than the NPPF due to their status in the plan-making process but are material. 7.7 Paragraph 7 of the NPPF confirms there are three dimensions to sustainable development: economic, social and environmental. When judged against these dimensions, the proposed development satisfies the definition of sustainable development. 7.8 This Statement has demonstrated that the proposed development constitutes sustainable development and can thus benefit from the NPPF s presumption in favour of sustainable development, having demonstrated that benefits arising from the proposals would not be outweighed by any adverse impacts. 7.9 The supporting technical documents submitted as part of the Planning Application have demonstrated compliance with the requirements of the NPPF and where applicable the adopted / emerging Development Plan. In the absence of overriding harm and taking into account the significant benefits arising from the proposed development, it is considered entirely appropriate to grant Planning Permission /A5/P1c/GF/rap 41

46

47 Appendix 1 Site Location Plan

48

49 Path Key PO Cemy PW Vic FRONT STREET Application Site Boundary Site Area Ha / 13.57Ac Other Land in the Church Sherburnhouse Bank Sherburn Farm Commissioners Ownership The Crescent Chapel Court MILL LANE Broadview Villas Allotments Sherburn Way Sewage Works Outfall (disused) Sherburn Quarry Track Weir Note: The scaling of this drawing cannot be assured Track Bar scale in metres N Tk Revisions Rev A Blue boundary added Rev B Blue boundary amended ENVIRONMENTAL CONSULTANTS CHARTERED LANDSCAPE ARCHITECTS Grand View Track Status Date Drawn by Checked by PLANNING INFORMATION Sept 14 JCR AMT Drawing number B Scale: 1:1250 at A0 This drawing and the information depicted on it are the copyright of AJT Environmental Consultants and may not be reproduced or amended except by written consent. Path The Studio, 20 The Grove Newcastle upon Tyne NE3 1NE Tel : Fax : ajtec@ajt.co.uk Client & Project CHURCH COMMISSIONERS FOR ENGLAND LAND EAST OF MILL LANE, SHERBURN VILLAGE Title LOCATION PLAN

50 Appendix 2 Indicative Master Plan

51

52 PO Key : Site boundary FRONT STREET Proposed vehicle, cycle and pedestrian access Potential pedestrian and cycle access ~ with attractive segregated links connecting to the central open space and a network of green routes to Sherburn Village, existing open space and neighbouring communities and amenities u rb e h S Vic Proposed Street Green/Open Space ~ core hub to local neighbourhood with open space for play, relaxation and social interaction Sherburn Farm Potential Linear Greenway ~ natural in form incorporating a segregated multi user route for walking and cycling with linkage to the wider network of PROW and neighbouring communities and amenities 88.0 Building 86.0 E LAN 86.0 Potential internal road network through development ~ new trees and hedges along traffic calmed streets and green lanes to complement existing vegetation and provide multi-user green corridor for pedestrians, cycles and vehicles connecting to adjacent neighbourhoods, services and amenities Existing Allotments 86.0 Height 1m L MIL 84.0 Pa 86.0 th Potential housing clusters forming part of existing neighbouring communities ~ providing attractive green living spaces and incorporating pockets of open space and areas for informal play, leisure and social interaction. Orientation of houses take maximum advantage of the site s southerly aspect 84.0 Post 86.0 Potential structure and screen planting ~ incorporating Ecovalue planting and habitat creation for the benefit of wildlife and biodiversity using native tree planting, understorey, scrub and shrub edge mix and building upon existing vegetation to boundaries, along the adjacent PROW routes and strengthening where appropriate Post.0 88 MH Potential Green Infrastructure ~ including open space, pocket greens, ecovalue areas, play spaces, community allotments, orchard and nature gardens with wild flower grassland areas, drifts of native bulbs and native shrub and tree planting for informal recreation and amenity and connecting with existing spaces to form a strategically planned and delivered network of high quality green spaces and other environmental features. To be managed as a multifunctional resource capable of delivering a wide range of environmental and quality of life benefits for the local community 84.0 SV Sh SV MH er RS bu.0 94 rn W 92.0 RS 82.0 ay MH TP.0 96 Existing hedges ~ potential to interplant and gap up existing hedges and enhance with new hedges to provide spatial division and separation from the public realm and create more private spaces 90.0 MH MH ks 94.0 Existing woodland belts and trees EP Proposed surface water attenuation ~ roadside swales and surface water flow attenuation with potential wetland habitat creation (disused)sherburn Quarry Existing views into site ~ potential to strengthen existing boundary planting with new planting along western and northern interface of development to screen and filter views from properties backing onto the development Sewage Works Potential vantage point MH Existing line of site to the Cathedral ~ maintain Green Opening on line of sight from public viewpoint Existing network of Public Rights of Way and Recreational Routes ~ linking neighbouring communities and amenities and forming part of green infrastructure system Existing green infrastructure system ~ potential to enhance and provide screening to protect local views and create intimacy within the development. Where possible outward views to the Cathedral should be retained and framed Track Existing intensively managed arable farmland ~ providing rural edge setting and contributing to overall character of area N Weir Notes: Do not scale from this drawing. The scaling of this drawing cannot be assured. This drawing is for illustrative purposes only. Revisions Status PLANNING INFORMATION Date LAND EAST OF MILL LANE, SHERBURN VILLAGE ENVIRONMENTAL CONSULTANTS CHARTERED LANDSCAPE ARCHITECTS Sept 2014 The Studio, 20 The Grove Newcastle upon Tyne NE3 1NE Tel : ajtec@ajt.co.uk Fax : Drawing number Client & Project CHURCH COMMISSIONERS FOR ENGLAND LAND EAST OF MILL LANE, SHERBURN VILLAGE Title Drawn by JCR Checked by AMT Scale: 1:1000 at A0 This drawing and the information depicted on it are the copyright of AJT Environmental Consultants and may not be reproduced or amended except by written consent. INDICATIVE MASTERPLAN Tra Tk

53 Appendix 3 Public Consultation Leaflet Distribution

54

55

56 Appendix 4 Public Consultation Leaflet

57

58 LAND AT MILL LANE, SHERBURN VILLAGE Barton Willmore Regent House Prince s Gate 4 Homer Road Solihull B91 3QQ HAVE YOUR SAY The purpose of this leaflet is to inform you of the proposals which are being progressed by the Church Commissioners for England and to seek the views of the local community. The site is allocated in the emerging County Durham Plan for residential development and we are working towards the submission of an outline planning application to bring this development forward. We would invite you to review the proposals outlined in this leaflet and return any comments you may have on the pre-paid comments card or via to gemma.field@bartonwillmore.co.uk. Please send your comments to arrive no later than Friday 11th July Thank you NEXT STEPS The Church Commissioners for England and their consultant team are currently working to prepare the outline planning application for submission. Your comments will be reviewed as part of this process and if appropriate, the indicative layout may be revised to respond to specific issues. Once submitted to Durham County Council, the outline planning application is likely to take approximately three months to determine. During this time, the Council will provide a further opportunity for you to review the proposals and submit your comments. The planning application documents and plans will be available to view on the Council s website or at its offices and details of how to access the information will be available from the Council. In the meantime if you require any additional information, please contact: Gemma Field Barton Willmore Regent House Prince s Gate 4 Homer Road Solihull B91 3QQ The Church Commissioners for England are proposing to submit an outline planning application for residential development on land at Mill Lane, Sherburn Village. The emerging County Durham Plan outlines a need for new housing in Sherburn Village and allocates the Site for residential development in order to meet this identified need. It is anticipated that the scheme will deliver up to 120 dwellings, with a mix of market and affordable properties ranging from one to five bedrooms, as well as public open space. Additional planting is proposed through the centre of the Site and along the boundaries to ensure that the impact of the development on existing residential properties in the area is minimised. We feel that it provides an excellent opportunity to deliver a high quality, sustainable development that will provide a wide range of house types to meet identified needs. The proposal will deliver housing for families including those living and working in and around Sherburn Village, who will provide support for local businesses, shops and schools as a part of a vibrant community. A number of supporting technical studies have been completed including an Ecology Survey, Flood Risk Assessment and Transport Assessment, which confirm that there are no technical constraints to the development of the Site. Work is now underway to finalise the design principles for the Site taking account of its location and relationship with the surrounding area. Site location plan Front street e: gemma.field@bartonwillmore.co.uk t: Mill Lane Front street South Street affi x stamp here Church Commissioners for England

59 YOUR COMMENTS 1. The need for additional residential development in Sherburn Village has been identified in the emerging County Durham Plan and the principle of residential development on this Site is currently supported by the County Council. Do you agree that there is a need for new housing in Sherburn Village and the surrounding area? Yes No 2. What type, size and tenure of new housing should be included within the proposed development? What should the open space within the site be used for? (i.e. play areas, wildlife, allotments, other) DRAFT DEVELOPMENT PROPOSAL This is an indicative layout which demonstrates what could be supported on the Site. It includes up to 120 dwellings, of which up to 20% will be affordable housing; public open space; planting throughout the Site; access onto Mill Lane; pedestrian and cycle facilities; and a balancing pond to address surface water drainage.... Please provide any additional comments you have about the proposals Name... Post Code... House number/name...

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