O Title: CA//16/00046/FUL Author: Canterbury City Council Scale 1:1,250 Map Dated: 01/09/2016 Canterbury City Council Military Road Canterbury Kent CT1 1YW
AGENDA ITEM NO 8 PLANNING COMMITTEE APPLICATION NUMBER: SITE LOCATION: PROPOSAL: APPLICATION TYPE: CA//16/00046/FUL Hill House, Baker's Lane, Chartham, CT4 7QE Erection of 18 no. dwellings together with associated access and highway infrastructure. FULL APPLICATION DATE REGISTERED: 08 January 2016 TARGET DATE: 08 April 2016 LISTED BUILDING: CONSERVATION AREA: WARD: APPLICANT: AGENT: CASE OFFICER: WEB LINK: RECOMMENDATION: NOT LISTED NO Chartham and Stone Street Mr P Hammond Lee Evans Planning Mr Chris Hawkins https://publicaccess.canterbury.gov.uk/onlineapplications/applicationdetails.do?activetab=extern aldocuments&keyval=_cante_dcapr_102256 Grant, Section 101 Delegation, subject to: a) The completion of a unilateral undertaking to secure financial contributions towards KCC contributions and affordable housing SITE LOCATION AND DESCRIPTION b) The imposition of appropriate safeguarding conditions 1. The application site lies within the village of Chartham to the northwest of Bakers Lane. The site incorporates Hill House which is a substantial detached dwelling with outbuildings in the southwest corner of the site as well as the field to the north of Hill House which is laid to grass. The field is described as disused, poor quality agricultural land which has latterly been used for horse grazing. 2. The field to the north of Hill House slopes away in a southwest to northeast direction towards the dwellings in Rentain Road (nos. 2-8 Rentain Road). 1
3. The application site is bordered by residential dwellings in Rentain Road which comprise primarily terraced dwellings. There are residential dwellings adjacent to the western and northern boundaries of the site. 4. The boundary of the site adjacent to Bakers Lane includes a brick boundary wall adjacent to Hill House and its garden area. The open field section of the site has trees, shrubs and a hedgerow adjacent to Bakers Lane. The northern boundary of the application site abuts a public footpath and is more open in aspect with post and wire fencing. 5. To the south of Hill House is an area of Ancient Woodland. The site is not situated in a Conservation Area or Area of High Landscape Value although the Chartham Conservation Area boundary abuts Hill House to the southwest. RELEVANT PLANNING HISTORY 6. There is no planning history associated with the application site. PROPOSED DEVELOPMENT 7. This application seeks to retain the dwelling and northern garden area at Hill House and to develop 18 dwellings on land to the north and west of Hill House. The dwellings will be a mixture of detached and semi-detached dwellings with three or four bedrooms (5 units will have four bedrooms and 13 units will have three bedrooms). A single vehicular access serving all 18 dwellings and Hill House is proposed from Bakers Lane. The existing vehicular access to Hill House will be closed off, as will the agricultural access to the south-east corner of the field. 8. The proposal has been amended since its original submission and the number of proposed dwellings has reduced by 1 unit with the removal of a proposed terrace of dwellings. The layout of the development is in two sections including 5 detached dwellings adjacent to Hill House, and 13 dwellings on the existing field which will be predominantly semi-detached in style. 9. The proposed dwellings will be finished with a red facing brick with black weatherboarding at first floor level and with a red/brown plain clay tile. It is proposed to retain as many trees as possible on the site and to introduce an 8 metre buffer zone alongside the Ancient Woodland on land which is currently used as garden to Hill House. A native species hedgerow is proposed to be planted to all boundaries of the application site. A pumping station is proposed on the site within the area of incidental green space between plots 11 and 12. CONSULTATIONS 10. The following responses have been received in respect of this application: Southern Water: Consulted on the original and amended plans. The consultation responses are the same. The response includes a plan of sewer records showing the approximate position of a public foul sewer which cross the site in an east-west direction to the south of Hill House. The consultation response goes on to state that the exact position of the public sewers must be determined on site by the applicant before the layout of the proposed development is finalised. It is noted that it may be possible to divert the public foul sewer so long as this would result in no unacceptable loss of hydraulic capacity, and the work is carried out at the developer s expense to the satisfaction of Southern Water under the relevant 2
statutory provisions. It is suggested that an informative is attached if permission is granted, requiring the applicant to make a formal application for a connection to be made to the public sewerage system. The response also states that where a SUDs scheme is to be implemented, the drainage details should be submitted to the Local Planning Authority specifying the responsibilities of each party for the implementation of the SUDS scheme, a timetable for implementation and provide a management and maintenance plan for the lifetime of the development. A condition is recommended that of the development shall not commence until details of the proposed means of foul and surface water sewerage disposal have been submitted to and approved in writing by the Local Planning Authority in consultation with Southern Water. Biodiversity Officer: Initial consultation response to the original plans and reports advises that the ecological information provides a good understanding of the ecological interest of the site. In relation to the adjacent area of ancient woodland, the original response refers to the need to ensure that there is a clear buffer area (at least 15 metres wide) between the site and the proposed development site. The buffer area must be designed to benefit the species anticipated to be present within the adjacent woodland and site boundaries. It is accepted that there is no requirement for a specific dormouse survey to be carried out but if planning permission is granted it is expected that the majority of hedgerows will be retained and where shrubs/trees are to be removed a precautionary approach is adopted with details submitted as a condition of the planning permission. In relation to bats, at least 4 species of bats were recorded foraging within the site, particularly along the southern boundary. Therefore there is a need for a lighting scheme to be designed to minimise impact on foraging bats. It is recommended that features for roosting bats are incorporated in to the houses. With regard to breeding birds, vegetation should be cleared outside of the breeding season (March to August). In relation to enhancement it is noted that the application will make a financial contribution to the management of the adjacent woodland. Other enhancements such as the use of native species and incorporating bat and bird boxes within the development site should be incorporated. Kent County Council Highways: Consulted on the application in respect of the original and amended plans. The original response noted that the level of development traffic will not have a significant impact on the operation of the local highway network and that the parking provision is considered sufficient for each dwelling. The proposed access is considered to be of sufficient width and has appropriate sightlines onto Bakers Lane. Limited forward visibility on the bend adjacent to Plot 19 and the refuse vehicle tracking needs to be checked against a longer vehicle. The provision of a linking footway onto Bakers Lane adjacent to plot 15 should also be explored. KCC responded subsequently to the first set of amended plans requiring an additional 0.5 visitor spaces per dwelling if tandem parking spaces are provided. The over-run of the grass verge by the refuse vehicle to the north of the turning head was 3
also highlighted and a requirement for cycle storage for the 4+ bedroom units was requested. Following the submission of further amended plans, KCC responded with no objections subject to a series of conditions. Kent County Council Development Contributions: Made the following requests for contributions to be made in respect of the original plans: o Primary school contribution of 42,497.28 towards the expansion of Chartham Primary School from 1.5 form entry to 2 form entry o Secondary school contribution of 42,476.40 in total towards Canterbury Academy o Local libraries contribution of 864.28 o Total requested contribution amount 85,837.96 In respect of the amended plans, in July 2016 Kent County Council Development Contributions have advised that the quotation from March 2016 was for 18 net new units and so the KCC request remains as previously advised. Canterbury CC Environmental Heath: No objections to make on the application, but makes comment on construction management plan and restriction of hours of work and deliveries during construction due to close proximity to existing residential premises. Canterbury CC Transportation & Environment: Consulted on both the original and amended plans. Suggests that street lighting along Bakers Lane is not continuous and that the developer should improve this to encourage people to walk or cycle. Canterbury CC Contracts: Raised no comments regarding waste collections. KCC Flood Risk: Notes that 3 options are identified for the disposal of surface water drainage generated by the proposed development. Suggests a condition requiring the submission and approval of a detailed drainage scheme based on infiltration prior to the commencement of development. Any such scheme should be accompanied and informed by detailed, site-specific infiltration testing along with confirmation of the Environment Agency s acceptance of the principle of infiltration at this location. Natural England: were consulted on the original and amended plans. No objection was raised to the original proposal and the proposed amendments to the original application are unlikely to have significantly different impacts on the natural environment than the original proposal. In respect of the ancient woodland, Natural England refers to its standing advice. Canterbury CC Housing: notes that the application makes no comment regarding affordable housing. Current policy requires 6 affordable housing units, 4 to be rented and 2 intermediate housing products. The design of the properties is generous in terms of flooorspace which may affect the ability of a registered provider to make the site economically viable. A mixed approach in terms of property sizes for market sale may be more appropriate. Canterbury CC Heritage and Design: were consulted on the application indicating that the principle of development on the site is acceptable from a heritage and design viewpoint. 4
In respect of the amended plans the Heritage and Design Manager raises no objection noting that alterations as proposed for the previous scheme have for the main been taken on board, in particular the breaking of the terraces and the removal of the dormers to the smaller dwellings. A number of conditions are recommended. KCC Archaeology: were consulted on the application and make the following comments. An archaeological desk-based assessment prepared by SWAT Archaeology (dated 08/07/2015) has been submitted in support of this application. Although the submitted report is lacking in detailed assessment of the archaeological record in the vicinity, the conclusions drawn are broadly supportable. The site lies in close proximity to significant recorded archaeological remains of the prehistoric and early-medieval periods, evidence of which may extend into the development site. Minimal development during the post-medieval and modern periods is likely to have preserved archaeological deposits and features largely undisturbed. In terms of recommendations, as the proposed development will represent a significant negative impact to any underlying archaeological deposits or features, it is recommended that an archaeological evaluation os carried out in advance of development of the site. The evaluation will seek to establish the presence or absence of archaeological remains, their depth, extent, significance and nature. If archaeological remains are encountered during the course of the evaluation, further work may be required in order to mitigate the impact of the proposals. Archaeological evaluation should seek to sample a minimum 5% coverage of the application site. Canterbury CC Countryside: were consulted on the original scheme for 19 dwellings and requested an off-site contribution of 15,000 to nearby open space at Chartham Recreation Ground if a project to upgrade facilities can be identified by the Parish Council. In respect of the amended plans, the Countryside section still refers to 19 dwellings and the previous mix. The public open space provision contribution is calculated at 91,428.47. Recommendations in terms of ecological requirements are set out to be dealt with by way of condition however the insufficient depth of the proposed buffer zone is noted. Environment Agency: Assessed the application as having a low environmental risk and had no comments to make on this proposal. REPRESENTATIONS 11. Neighbouring properties were notified of the application, and a site notice was placed on site. In total 10 neighbours commented on the application, all except one objecting to the scheme for reasons of: o Impact on trees and wildlife o View of houses from Rentain Road not wanted o More cars o Enough new houses have been built in Chartham o Concern regarding ecological impact and impact on houses at bottom of Bakers Lane o Reference to water body 0.125km distant from site in residential garden and belief that this has common newts and grass snakes o Hedgehog access through garden fences should be a condition o No objection to development but concern over impact of access and highway issues 5
o Concern over narrowness of Bakers Lane, increased traffic and excessive speed. Concern over additional access onto Bakers Lane o No large green areas between groups of houses o Building taking priority over traffic flow o Village school getting too big and impersonal o Public transport is poor o Village will disappear o Drains cannot cope in Rentain Road and Bakers Lane o Replanting will not compensate for loss of trees o Loss of privacy o Disturbance during construction phase o Loss of mature trees o Proximity of development to ancient woodland o Need to consider land opposite the Mill instead as it is an eyesore o Reference to cycle storage and the need to meet minimum cycle parking levels o Support of potential footway to encourage sustainable access o Funding towards street lighting should be provided o Funding towards dropped kerbs at Bakers Lane and Rentain Road junction should be provided o Incorporation of photovoltaics in the scheme. 12. A representation was received from Chartham Parish Council stating that the Parish Council has concerns that this is a greenbelt site and does not form part of the CCC Local Plan that has yet to be agreed. The Parish Council has traffic concerns with 19 dwellings meaning at least another 30 plus vehicles entering and exiting the site onto a narrow village lane. Cars from Rentain Road will also be entering and exiting onto Bakers Lane from another entrance not far away. KCC should consider a 20mph speed limit on this section of road. There is also the issue of a large number of cars coming down Rattington Street and then having to turn a very 'sharp' left into Bakers Lane. This area needs to be investigated by Kent Highways & Transportation as large vehicles visiting the site will have trouble turning left. This applies to vehicles that will be used to supply building supplies to the site. 13. There are also sewage concerns as the nearby Summer Piece development has added another 26 houses to an already overworked sewage system in the village, which constantly has tankers removing waste due to the inadequacy of the current system. The Parish Council would also like to see the roads in the development block-paved as this happens in a number of new development sites as this helps with the drainage of water as opposed to tarmac. 14. A representation was also received from Petham Parish Council stating that the Parish Council views are the same as already submitted on the original planning application. The only difference is 18 houses compared to the original 19. DEVELOPMENT PLAN POLICIES 15. Canterbury District Local Plan First Review 2006: BE1 - BE3 - H1 - H9 - C9 - High quality designs, sustainable developments and specific design, amenity and landscape criteria to which the Council will have regard: cross-refers to SPGs. Design statements/development briefs to be with applications. Residential development on allocated & non-allocated sites. New housing in villages KCC Vehicle & Cycle Parking Standards with local variations. 6
IMP2 NE1 - NE5 - S106 contributions to be sought from developers for social, recreational or community facilities. Surveys where protected species are suspected. Retention of trees, hedgerows and woodland or other landscape features. 16. Canterbury Local Plan Draft Publication 2014: SP1 - SP4 HD1 - T9 DBE1 DBE3 DBE7 DBE9 LB9 - LB10 - Sustainable development Strategic approach to location of development Housing allocations Vehicle and Cycle Parking Standards Sustainable Design and Construction Principles of design Residential Space Standards Residential Intensification Protected Species Trees, Hedgerows and Woodland 17. Supplementary Planning Documents/Guidance: Supplementary Planning Document: 'Development Contributions' adopted January 2007. Supplementary Planning Document: 'Sustainable Construction' adopted April 2007. Supplementary Planning Guidance: 'Trees & Development' adopted September 2003. Canterbury Residential Intensification Design Guide (2008) Supplementary Planning Document: Heritage, Archaeology and Conservation adopted October 2007. Chartham Parish Design Statement (2005) ASSESSMENT 18. The application is brought to the Planning Committee as a result of the number of objections being received. The primary matters for consideration are: Principle Impact upon the character and appearance of the area Transport and Highways Sustainability Residential Amenity Ecology Drainage Affordable Housing Community Infrastructure Contributions Principle 19. The National Planning Policy Framework (NPPF) states that any proposed development that accords with an up-to-date Local Plan should be approved and that which conflicts should be refused unless other material considerations indicate otherwise. At the heart of the NPPF is a presumption in favour of sustainable 7
development and for decision taking this means approving development that accords with the development plan. 20. The proposals map for the adopted Local Plan does not designate the application site for any particular form of development. Policy H1 of the adopted Local Plan allows for residential development on allocated sites and on other non-identified sites on previously developed land within the urban areas, planning permission will also be granted unless the particular site makes an identifiable contribution to the economic, environmental or social wellbeing of the town or District, and there is unlikely to be an excessive supply of new housing development coming forward within the plan period. The application site includes the existing property (dwelling and garden area) at Hill House, together with an open field to the north of Hill House. The part of the site which is associated with Hill House (the dwelling and its garden area) constitutes previously developed land. 21. Policy H9 of the adopted Local Plan refers to new housing in villages including Chartham and advises that planning permission for new residential development, in excess of minor development, on previously developed sites within villages, will only be granted where an appraisal has been carried out to ascertain that the development will not have an adverse impact upon the existing social and physical infrastructure of the village and surrounding area; the development has regard to the character and appearance and historic environment of the village; the development does not conflict with other Local Plan design or environmental objectives; and a Development Brief has been prepared in advance of any determination of a planning application to ensure the proper planning of the area. 22. The site in Bakers Lane is located between two residential areas at Rentain Road and Woodside Avenue and as such is within the built confines of the village. Prior to the submission of the application a public consultation exercise was carried out to seek the local community s views on the proposal and pre-application advice was sought from the Council. As shown in the submitted Design and Access Statement, a contextual analysis of the site and its surroundings has been carried out which has had regard to the historic environment of the village and the development does not conflict with design or environmental objectives. The site has been assessed in terms of its impact on the social and physical infrastructure of the village and the surrounding area. The proposal is therefore considered broadly to comply with Policy H9. 23. The emerging Local Plan has been published in its draft format and is in the process of being examined by the Secretary of State. With regard to the weight to be given to the policies in the emerging Local Plan, paragraph 216 of the NPPF states that from the day of publication, decision-takers may also give weight to relevant policies in emerging plans according to: the stage of preparation of the emerging plan (the more advanced the preparation, the greater the weight that may be given); the extent to which there are unresolved objections to relevant policies (the less significant the unresolved objections, the greater the weight that may be given); and The degree of consistency of the relevant policies in the emerging plan to the policies in this Framework (the closer the policies in the emerging plan to the policies in the Framework, the greater the weight that may be given). 8
24. In relation to the consistency of policies in the emerging plan with policies in the NPPF, Policy SP1 of the Canterbury District Local Plan Publication Draft 2014 reflects the presumption in favour of sustainable development contained within the NPPF. Policy SP4 seeks to ensure that new housing development is situated in sustainable locations within the urban areas of Canterbury, Whitstable and Herne Bay being the primary focus of development together with development at some of the rural service centres. 25. The application site is located to the north-west of Bakers Lane and to the south of Rentain Road within the village of Chartham. Chartham is included in draft Local Plan policy SP4 as an identified service centre where small-scale provision of new housing that is of a design, scale, character and location appropriate to the character and built form of the service centres is acceptable provided that such proposals are not in conflict with other local plan policies relating to transport, environmental and flood zone protection and design, and those of the Kent Downs AONB Management Plan, where applicable. The proposed development being put forward as part of the current application is considered to meet the criteria of draft Local Plan policy SP4 in terms of design, scale, character and location. 26. The site has been put forward for consideration in the Council s Strategic Housing Land Availability Assessment (SHLAA) as a potential housing site (reference SHLAA/226) and as part of the assessment of the site within the SHLAA its impact on the social and physical infrastructure of the village and surrounding area has been assessed. Following this assessment the application site is proposed to be allocated for residential development given the positive effects on housing, the economy, rural community, within walking distance of public transport and access to local services including a shop and primary school. 27. Policy HD1 of the Canterbury District Local Plan Publication Draft 2014 safeguards sites identified on the Proposals Map for housing and for mixed use development where there is an element of residential development. Table H3 Other Housing Allocations in the draft Local Plan identifies the application site as an allocated site for housing for an indicative 20 units. However, it is recognised that the draft Local Plan has limited weight at this stage as it is currently subject to Examination by an Inspector. 28. As noted previously, at the heart of the NPPF is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision taking. For decision taking this means approving development proposals that accord with the development plan without delay; and where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole or specific policies in the Framework indicate development should be restricted. 29. Therefore, it is important to fully consider the sustainability of the site for new housing when determining this planning application. The site is within walking distance of Chartham village and is within an acceptable walking distance of the bus stops on Shalmsford Street. The bus stops on Shalmsford Street have shelters and timetables, and provide services to Canterbury and Ashford. It is understood that the service is anticipated to be improved with the recently consented Thanington Park development. Furthermore, the site is 700 metres away from Chartham train station which provides services to Canterbury, Ramsgate, Ashford International, Tonbridge, Maidstone and London Victoria. 9
30. Furthermore, there are local shops and services within an easy walk of the site, and there is also a primary school within walkable distance. In addition, the Great Stour Way cycle route is close to the development and is a traffic-free and flat route to Canterbury which is well used. Therefore, the site is considered to be within a sustainable location, and not all journeys would be likely to rely on the use of the private car. 31. In addition, it is noted that the design of the scheme has been amended to incorporate an alternative pedestrian route onto Bakers Lane in the northeast corner of the development between plots 15 and 16 in order to improve the accessibility of the site. 32. Therefore, the application site is considered to be a highly sustainable site in Chartham and its sustainability has been recognised in the analysis in the SHLAA and through its proposed allocation for residential development in the emerging Local Plan. 33. Taking these matters into account, the application is considered to be acceptable as a matter of principle. The application is therefore considered to accord with Section 6 of the NPPF, Policies H1 and H9 of the Canterbury District Local Plan First Review 2006, and Policies SP1, SP4 and HD1 of the Canterbury District Local Plan Publication Draft. Character and Appearance 34. Section 72 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 advises special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that conservation area. The NPPF states that planning decisions should aim to ensure that developments will function well and add to the overall quality of the area; establish a strong sense of place; respond to local character and history; reflect the identity of local surroundings and materials; are visually attractive as a result of good architecture and appropriate landscaping (paragraph 58). 35. The site is within the village of Chartham and has a frontage to Bakers Lane. To the north of the site is the residential development of Rentain Road. Rentain Road comprises of prediominantly two storey post war terraced dwellings. Dwellings in Bakers Lane are more mixed in character including detached and semi-detached predominantly two storey properties. 36. The proposed dwellings on the application site will be a mixture of two storey semidetached and detached dwellings some with rooms in the roof with rooflight windows, which will be served from a single vehicular access from Bakers Lane. The proposed development will reflect the height and scale of existing surrounding development. Existing development in the surrounding area includes cul-de-sac arrangements with well-kept incidental areas of green space and therefore the proposed development will reflect this local characteristic. 37. With regard to levels on the site, the development has been designed to work with the topography of the site and Bakers Lane rather than seeking to change levels, provide plateaus or terraces, which would change the character of this part of Chartham. The site is a sloping site and therefore any changes to the levels of the site could have an impact on neighbouring properties. A condition regarding the 10
provision of proposed site level information including finished floor levels prior to development commencing on site is important in this case. 38. In terms of the prominence of the proposed development in the street scene of Bakers Lane, at the pre-application stage, Officers suggested that the development should address Bakers Lane given the pattern of development at the eastern and western ends of the lane. However, it is noted that this part of Bakers Lane does have more of a rural appearance and therefore the applicant has sought to retain the rural character by retaining and enhancing the hedgerows on the site boundaries. The applicant argues that if the development had a street frontage development to Bakers Lane, this could result in gaps or garden paths forming in the boundary hedging created by residents to create short cuts to Bakers Lane, which over time would have an impact on the ecological benefits of the hedgerow. 39. However, the layout of the development has been amended with the orientation of the detached dwelling on Plot 18 revised so that the dwelling fronts Bakers Lane. Furthermore, the layout of the two pairs of semi-detached dwellings (plots 12-15) have been re-orientated in order to improve their relationship with adjacent properties and to better reflect the character of the area. The architectural detailing on the side elevation of plot 15 has also been amended to provide a more interesting frontage to Bakers Lane. 40. On balance it is considered that the proposed layout as amended would reflect other developments within Chartham including the Summer Piece Road development to the south of Bakers Lane and that the provision of a native species hedgerow to the boundary outweighs the benefit of dwellings fronting onto Bakers Lane. 41. The design of the dwellings has been revised since the original consideration of the scheme to take account of comments from the Council s Heritage Officer. In terms of elevational changes, the amended design of the proposed dwellings has been simplified with the breaking of terraces and the removal of dormers to the smaller dwellings. 42. The architectural style of the dwellings includes tile hanging detailing on the front elevations above ground floor level, with brick facing to the ground floor. This design will complement the architectural style and character of surrounding development. It is further noted that the scale, form and size of properties in the immediate vicinity of the site is characterised by buildings commensurate in scale and form to that which is proposed on the application site. The existing dwelling on the site (Hill House) is an imposing dwelling of a different architectural style to those in the vicinity and it occupies an elevated position in Bakers Lane. 43. The site slopes down towards the properties in Rentain Road, however the amendments to the proposed layout of the dwellings on the site ensures that the resultant buildings will not appear overdominant or obtrusive; rather they will be appropriate to the context of surrounding built development. 44. The site is adjacent to Chartham Conservation Area. The Council s Heritage Officer has advised that the principle of development on the site is acceptable from a heritage and design viewpoint. 45. The majority of trees and hedges on the site will be retained and should these be removed or die within five years they will be replaced with a similar size and species. The application is accompanied by an Arboricultural Constraints Survey and Report 11
which highlights how all category A trees and the majority of category B trees will be retained in the interests of preserving the character of the site and Bakers Lane. Some management of the tree group in the northwest corner of the site will need to take place and the main area of tree removal will be in the south eastern part of the site where the new access road is proposed. The Council s records do not indicate that there are any TPOs on the site. The planting of additional trees on the site can be secured by condition. 46. As such it is considered that the development would be in keeping with the surrounding area and would preserve the special character and appearance of the adjacent conservation area, in compliance with Policy BE1 and NE5 of the Canterbury District Local Plan First Review 2006, Policies DBE3 and LB10 of the Canterbury District Local Plan Publication Draft 2014 and the Chartham Parish Design Statement. Transport and Highways 47. The proposed development will have one point of vehicular access onto Bakers Lane. KCC Highways accept that the principle of the development in this location and as a result of amendments to the scheme are satisfied with the level of parking proposed on the site, the proposed turning space for refuse vehicles and the cycle storage to be provided. 48. The proposed dwellings will each have two off street car parking spaces. Furthermore, there are 4 visitor parking spaces provided on the site in accordance with the maximum vehicle parking standards for dwellings as set out in Appendix A of the Council s parking strategy. 49. With regard to visibility splays, KCC Highways has requested that the visibility splays for the proposed access should be provided and maintained in accordance with the submitted plans with no obstructions over 1.05 metres above carriageway level within the splays, prior to the access being brought into use. It is understood that this can be achieved within the applicant s land ownership. Living Conditions 50. A core planning principle of the NPPF is to provide a good standard of amenity for the future occupants of buildings. Section 7 requires the creation of attractive and comfortable places for people to live and visit and Policy BE1 of the Local Plan and Residential Intensification Guidelines dated April 2008 require a high quality design that responds to the objectives of sustainable development. 51. With regards to the physical impact of the proposed dwellings on neighbouring properties, the dwellings will have suitable size amenity spaces and a minimum distance of 26 metres will be maintained between the rear elevations of the dwellings in Rentain Road with the rear elevations of the proposed dwellings on plots 6-11. A minimum distance of 18 metres will be maintained between the rear elevations of the proposed dwellings on plots 12-15 and the rear elevations of the dwellings (nos. 2 to 8) Rentain Road. 52. The development of 18 dwellings on the site will result in an intensification of use of the site. There will be an increase in activity on the site as a result of increased vehicular and pedestrian movements with an increase in the number of residents living on the site. However, whilst there will be an increase in noise and potential 12
disturbance to neighbouring residents, on balance it is concluded that this will not be generated to unacceptable levels. 53. With regard to room sizes, all of the proposed dwellings will be of a sufficient size to provide a good level of amenity. All dwellings exceed the minimum space standards for 3 or 4 bedroom dwellings. In addition the proposed scheme incorporates storage space and space for refuse and recycling, facilities for covered cycle parking and outdoor space for private use together with some incidental areas of open space within the development. 54. Therefore, the proposal is not considered to have a detrimental impact on the residential amenities of neighbouring properties in Rentain Road or Bakers Lane. The relationship between the proposed dwellings on the application site and the neighbouring properties in Rentain Road is considered to be acceptable. 55. We note that a pumping station is proposed between plots 11 and 12, however this is not anticipated to give rise to significant noise or disturbance to surrounding future occupiers. As such no objection is raised on this basis. 56. Overall the proposed development would be acceptable in terms of Section 7 of the NPPF and policies BE1 of the adopted CDLP and DBE3, DBE7 and DBE9 of the emerging plan. Ecology 57. The application is accompanied by a preliminary ecological appraisal and bat activity surveys, and the Biodiversity Officer is satisfied that the ecological information that has been submitted provides a good understanding of the ecological interest of the site. The applicants are encouraged to design external lighting to minimise further lighting impacts on bats and that ecological enhancement measures are incorporated into the proposed development. This can be dealt with by way of a suitably worded condition. No suitable features for hibernating bats were recorded within the site, but features for roosting bats should be incorporated in to the houses, which can be secured by condition. 58. The proposed development is adjacent to an area of Ancient Woodland. The plans indicate an 8 metre buffer zone between the rear boundaries of plots 1 to 3 and the area of Ancient Woodland. This woodland buffer area will be managed by the Management Company responsible for maintaining the internal highway and drainage system. The proposal will also be complemented by tree and hedgerow planting to the boundaries. A management plan for the buffer zone can be conditioned as part of the planning consent. 59. The Biodiversity Officer refers to Natural England s standing advice on buffer zones which states that the size of the buffer will depend on local circumstances but it is expected that buffers must be a minimum of 15 metres. It also clearly states that gardens must not be included within the buffer zone as the LPA have limited control over how they may be used. CCC Countryside has also noted that the proposed buffer zone on the site plan is insufficient being only around 8 metres deep. 60. Whilst the buffer zone in this case falls below the 15 metre standard, the Standing Advice from Natural England does not give clear guidance on exactly what the buffer should be instead it relies on the developer s ecology advice. In this case the applicant argues that due to the size of this development a 15 metre buffer is not required as the dwellings are being built at a minimum of 15 metres from the area of 13
Ancient Woodland and it is proposed to actively manage the buffer area. In addition, other houses in Bakers Lane back directly on to the same piece of woodland without a buffer zone. 61. In terms of mitigation measures to minimise the impact on the woodland as a result of the proposed development, the Biodiversity Officer considers that the active management of the woodland is of greatest benefit from the suite of mitigation measures proposed (as referred to in the submitted ecological appraisal). However, the applicant has confirmed that the ancient woodland is not within its ownership and that a woodland management scheme on this land is not proposed. 62. Whilst the depth of the buffer zone is below what is recommended in the Natural England guidelines, with the ability to secure the active management of the buffer zone to restrict development within it and with the removal of permitted development rights for the proposed dwellings in order to restrict development in the gardens adjacent to the buffer zone to be secured by way of condition, it would in the Officers view be difficult to sustain a reason for refusal on the basis of harm to the ancient woodland. Therefore, a condition referring specifically to the active management and maintenance of the buffer zone and a condition removing the permitted development rights of the proposed dwellings is recommended in this case. 63. On the basis of the information given above, Officers consider that the proposed development with the incorporation of the buffer zone as shown and the inclusion of ecological mitigation measures and a management and maintenance plan for the buffer zone would not result in a net loss of biodiversity on the site. In addition there would be no detrimental impact upon any protected species or existing trees. On balance then the proposal complies with Policies NE1 and NE2 of the Canterbury District Local Plan First Review 2006 and Policies LB9 and LB10 of the Canterbury Local Plan Draft Publication 2014. Drainage 64. The site of the proposed development lies entirely within Flood Zone 1 which is the zone at least risk from flooding. In terms of surface water drainage, details of the proposed scheme for surface water disposal will need to be submitted and approved by the Council s Flood Risk Engineer prior to development commencing on site. The plans should show how the runoff from various surfaces is to be disposed of. Allowing it to run onto the roads will not be permitted. For permeable surfaces a Management and Maintenance Plan will need to be submitted and approved setting out who is responsible for maintaining the various elements of the surface water drainage system in good working condition. In terms of foul drainage, the Council s flood risk engineer will need to see and approve Southern Water s confirmation that they can safely accept the revised flow into the sewer and the diversion of the sewer which crosses the site. Affordable Housing 65. The applicant has agreed to the provision of 30% affordable housing within the site, which equates to 6 affordable housing units. The current District Local Plan (first review) requires sites of 15 or more to provide affordable housing, with the emerging Local Plan requiring sites of 7 or more to make such a provision. 66. The Housing Officer refers to a requirement of 6 affordable housing units in this case and refers to current policy requiring 4 units to be social rented and 2 to be an intermediate housing product. It is noted by the Housing Officer that the design of the 14
properties is generous in terms of floorspace and exceed the technical standards which may affect the ability of a registered provider to make the site economically viable. It is suggested that the applicant enters into discussions with a registered provider to establish this. 67. The Council s SHMA states that the district is in most need of 3 bed units for social rent and intermediate tenure. 68. The provision of 6 units would equate to a comply with local plan policy. Whilst the tenure and mix of the affordable housing units is not stipulated in the application documents, given the comments from the Housing Officer in relation to the four bedroom units proposed on the site, it is anticipated that the affordable units will all have three bedrooms. 69. Whether reference is made to the emerging Local Plan or the current District Local Plan, the provision of 30% affordable housing on this site is policy compliant and will be secured through the legal agreement. To accord with the Housing Officer s advice, 6 affordable units will be sought from the 3 bed units proposed on the site with a tenure mix of 4 social rented and 2 intermediate housing units. The applicant has agreed to the provision of the 6 affordable housing units, which will be secured by legal agreement. Community Infrastructure 70. The Council seeks financial contributions from developers in respect of development in order to secure the provision of social, educational, recreational or community facilities and infrastructure, where appropriate and as assessed on a site by site basis. In line with The Planning Act 2008 and the Community Infrastructure Regulations 2010 (Regulation 122) and paragraph 204 of the NPPF, development contributions will only be requested where they are necessary, related to the development and reasonably related in scale and kind. Under Regulation 122, an obligation can be necessary if it makes some contribution to a planning impact that is directly attributable to the development that makes it acceptable in planning terms. Regard must now also be given to CIL Regulations 2010 (Regulation 123) which as of 6th April 2015 limits the number of obligations from individual applications that can be pooled to deliver a piece of infrastructure to no more than five. 71. The Council's adopted approach to financial contributions is set out within Policy IMP2 of the Canterbury District Local Plan 2006 with details of the requirements in the "Development Contributions" SPD. It should be noted that the application of a tariff for generic infrastructure types is no longer considered compatible with the pooling restrictions. In applying the policy, appropriate consideration is also given to the specific and current infrastructure priorities on a site by site basis and as identified and evidenced within the Draft District Transportation Strategy 2014, Environment Strategy 2013 and Open Space strategies. Appropriate weight will also be given to relevant emerging policies within the submitted draft local plan and in particular emerging policy SP6 which outlines the Council's approach to development contributions going forward. In this instance there are certain contributions considered to be fair, reasonable and compliant with CIL Regulations 2010 for this development with respect to primary and secondary school provision, library stock, and affordable housing. 15
72. The contributions that are currently being sought in this case are as follows: 42,497.28 towards Chartham Primary School expansion from 1.5 form entry to 2 form entry 42,476.40 towards Canterbury Academy 864.28 towards library bookstock 5 affordable housing units 91,429.47 towards public open space provision 73. A draft unilateral undertaking including the contributions towards education, libraries and affordable housing set out above has been submitted to the Council. The public open space contribution was put forward after the submission of the draft unilateral undertaking. 74. Two consultation responses regarding a potential open space contribution has been received from CCC s Countryside Section. The initial response noted that there is no on-site provision of publically accessible open space and so in lieu of this an off-site contribution is sought. It was suggested that on a proposed population of 50 people (with the original scheme of 19 dwellings) that a sum of 15,000 is required as a contribution towards the upgrade of facilities at the nearby Chartham Recreation Ground. However, a project will need to be identified by the Parish Council. Such a project has not come forward at this time and so this contribution is not justified. 75. A further consultation response from the Countryside Section received in August 2016 suggests that a contribution of 91,429.47 is required towards public open space. However, a specific project for this contribution is not identified. Furthermore, the contribution request is based on an incorrect housing mix and number (i.e. 19 dwellings and a mix of 2,3 and 4 bedroom dwellings). Therefore this contribution is not considered to be reasonable and proportionate to the development proposed. Conclusion 76. Officers consider the principle of development is supported by the NPPF paragraph 14 as the proposed development is a sustainable development on a partially previously developed site in the local centre of Chartham. The NPPF states that any proposed development that accords with an up-to-date Local Plan should be approved, and where the development plan is absent, silent or relevant policies are out-of-date, permission should be granted unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the Framework. The proposed development is considered to preserve the character and appearance of the adjacent Chartham Conservation Area and would not give rise to an unacceptable impact upon the adjacent Ancient Woodland or the residential amenity of neighbouring properties. In addition, it is put forward in the emerging Local Plan as a proposed allocated site in Chartham for residential development. 77. Thereon, the proposed development is deemed to be in accordance with Policies H1, H9, BE1, C9, IMP2, NE1 & NE5 of the adopted Canterbury District Local Plan 2006 and draft Policies SP1, SP4, HD1, DBE3, DBE7, DBE9, T9, LB9 & LB10 of the emerging Canterbury District Local Plan - Draft Publication 2014 and it is recommended that planning permission be granted subject to conditions and the completion of a unilateral undertaking to reflect the developer contributions and affordable housing provision now required. 16