CHESHIRE WEST AND CHESTER COUNCIL

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1 Item No. 10 CHESHIRE WEST AND CHESTER COUNCIL Planning Committee 1 st April 2014 APPLICATION NUMBER: 13/05410/FUL DESCRIPTION OF DEVELOPMENT: Residential development of 17 affordable dwellings and associated access to School lane. SITE ADDRESS: Land adjacent to Treetops, School lane, Guilden Sutton, Chester, Cheshire APPLICANT: MCI Developments Ltd & Plus Dane Group Ltd WARD: Chester Villages WARD MEMBERS: Councillors Margaret Parker and Stuart Parker CASE OFFICER: Nick Howard - Tel: RECOMMENDATION: Approve. Reason for being reported to Planning Committee: The application has been called in to the Planning Committee by Cllr Stuart Parker due to overwhelming local resident s objection to this application to build 18 houses on this Green Field site in Guilden Sutton. page 49

2 1.0 SITE DESCRIPTION 1.1 The site has a gross area of 0.56 ha and is located to the north of School lane in the parish of Guilden Sutton. The site forms part of a field and is bordered by residential development to the west and south on the opposite side of School Lane. The remainder of the host field is situated to the east and there are further fields to the north. 1.2 The housing immediately opposite the site to the south of School Lane comprises a mixture of semi detached properties and linked detached dwellings. The site has existing hedgerows on the south, west and northern boundaries. The site is situated within the Green Belt as designated in the Chester District Local Plan as is the village of Guilden Sutton. 2.0 PROPOSAL 2.1 The proposal is for 17 affordable dwellings with a block of three terraced properties on the site frontage together with one semi detached property. The remainder of the proposal includes 11 semi detached properties and two bungalows at the rear of the site. Of the seventeen dwellings 6 are to be shared ownership and 11 are to be affordable rent. The proposal includes the relocation of the bus stop along School Lane to the south east corner of the site. Furthermore a landscaped strip of three metres in width will be provided along the eastern boundary of the site adjacent to the host field. 3.0 RELEVANT PLANNING HISTORY /04057/FUL Planning permission was recently granted on a brownfield site at Wood Farm which is situated to the west of the site, for 9 dwellings, 3 of which were affordable. 4.0 RELEVANT POLICIES 4.1 National Planning Policy: National Planning Policy Framework 4.2 Local Planning Policy: Chester Local Plan Polices: SR5 Provision of open space ENV63 Overall green belt policy. ENV67 Low cost housing at settlements in the green belt GE3 Impact on neighbouring residential amenity HO12 Low cost housing in the rural area. TR13 Parking provision TR19 Highway impact of new development. Strategic Housing Market Assessment (2013) page 50

3 5.0 CONSULTATIONS Parish Council object on the grounds of the principle of development in the green belt and question whether the need for the development has been established. The further principal concern is traffic and the cumulative impact on School Lane and Guilden Sutton Lane. Statutory External Consultees United Utilities: no objections subject to an access strip width of six metres due to a sewer passing close to the eastern boundary of the site. The proposed layout accords with this restriction. Internal Consultees Affordable Housing Officer: no objections. Tree Team: no objection subject to conditions. Highways: no objections subject to conditions Archaeological Team: no objections subject to conditions Other Representations The Council for the Protection against Rural England objects to the proposed development on the grounds of the loss of openness in the Green Belt, the development is inappropriate in the green belt and the applicant has failed to provide strong evidence of very special housing need for this site. More than 336 objections have been received the grounds of which can be summarized as follows; Contrary to highway safety Loss of Green belt land Oversized development Frontage onto School lane too close to the road Loss of school capacity Precedent for further development in the Green Belt Harm to the rural landscape Loss of agricultural land 6.0 ISSUES AND ASSESSMENT Principle of development 6.1 The site is situated in the Green Belt on the edge of Guilden Sutton. Paragraph 54 of the National Planning Policy Framework (NPPF) refers to the principle of rural housing to meet local housing need. It states that In rural page 51

4 areas, exercising a duty to cooperate with neighbouring authorities, local planning authorities should be responsive to local circumstances and plan housing development to reflect local needs, particularly for affordable housing, including through rural exceptions sites where appropriate. 6.2 Paragraph 89 of the NPPF goes on to state that A local planning authority should regard the construction of new buildings as inappropriate in Green Belt. However this paragraph also details and lists the exceptions to this and which therefore could be considered as appropriate development in the Green Belt, including limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan. 6.3 Policy ENV 63 of the CDLP seeks to protect the open character and permanence of the Green Belt and will only allow development under very special circumstances. One of which is set out in Policy ENV67, which permits Low Cost Housing development immediately on the edge of a settlement in the Green Belt. The site is adjacent to housing on the north side of School lane and the main built form of the settlement is located opposite the site on the southern side of School Lane. The site is therefore situated 'immediately on the edge of the settlement and meets the criteria set out in Policy ENV67. However this policy also requires development to meet the requirements of Policy HO12 which deals with proposals in more detail and is assessed below. 6.4 Policy HO12 refers to Low Cost Housing in the Rural Area and sets out four criteria which are assessed in detail as follows: It can be demonstrated that the housing will meet a particular need that cannot be satisfied in any other way. The Council s assessment of housing need is contained within the Strategic Housing Market Assessment (2013) (SHMA). This indicates an imbalance of housing tenures within the Chester Villages ward and concludes that additional affordable housing units would be required to address this imbalance. The SHMA indicates there is a net affordable need for 31 dwellings per annum from 2013/14 to 2017/18 within the Chester Villages ward and the recommendation is for 17 dwellings per annum. 6.5 For the Local Planning Authority the SHMA remains the key piece of evidence and therefore determinant for assessing the housing needs within and throughout the Borough, and therefore the key reference point in informing exception site applications of this type. Similar decisions by officers, the Planning Committee of Cheshire West and Chester Council and the Planning Inspectorate have relied upon, been informed by and have fully accepted the findings of the SHMA 2013 to determine exceptions site planning applications. 6.6 To further support the findings of the SHMA and to provide additional detail Cheshire Community Action undertook a Housing Needs in November This survey assessed the housing needs of the parish of Guilden Sutton in respect of affordable housing. This survey concluded and reinforced the need for a limited level of new affordable housing units within the Guilden Sutton page 52

5 parish. The survey identified the need for 28 dwellings between now and the next five years. Overall from both the findings of the SHMA 2013 and local parish survey there is core evidence to support the provision of new affordable housing within the Chester Villages ward and the parish of Guilden Sutton. 6.7 The second aspect of the first criterion refers to whether the need can be met in any other way. The applicant has assessed seven alternative sites around the edge of Guilden Sutton, all of which are in the Green Belt. Three of the sites assessed were on the western side of the village and were discounted as it was considered they would help to erode the Green Belt between the village and Chester. Other sites were considered less sustainable than the application site for issues such as proximity to the services and facilities of the village, highways and pedestrian access constraints, availability and ecological issues. Overall officers agree with the applicant's assessment of these alternative sites. Accordingly the proposal complies with the first criterion of Policy HO The second criterion of Policy HO12 states the applicant must satisfy the Council that the scheme is economically viable in terms of providing low cost housing for an identified local need both for the initial and subsequent occupiers. The original scheme had an element of market housing and following negotiations with the Council's surveyor this element has been removed from the scheme. The proposal now includes 17 purely affordable houses and it is likely to be purchased and developed by a RSL. The viability assessment provided with the application shows the developer would make a modest profit on the completed development value which is below the normal margin expected on such a scheme. Overall the applicant has demonstrated that the scheme is economically viable in terms of providing low cost housing. The proposal therefore meets the second criterion of Policy HO The third criterion requires that the housing will only be available to persons falling within the categories of need identified. The proposed affordable housing will be allocated to local people in need according to a 'cascade' system with priority given to those currently or recently residing in the Parish of Guilden Sutton or with a strong connection to the village such as immediate family or permanent employment within the Parish. The dwellings will be targeted at those who already have a connection with the village, including hidden households already present in the area such as couples living with parents. The future occupants of the dwellings can be controlled in a management agreement which can be required by condition The fourth criterion is the siting, scale, layout and design of any housing scheme must be in keeping with the character of the settlement and must not exceed its environmental capacity. The proposal is for 17 dwellings on 0.56ha, which represents a density of about 30 dwellings to the hectare and is in keeping with residential properties to be found in close proximity to the site. To the west of the site are two detached dwellings that face onto School Lane, further west is the recently approved development at Wood Farm with more houses beyond. The built form of the area is therefore page 53

6 replicated by four dwellings fronting onto the road, three of which are within a terraced block. The frontage development onto School Lane will contribute positively to the streetscene and will integrate with the neighbouring built form on both sides of the road. The roadside hedge for the host field would be retained and together with a three metre landscaped strip on the eastern boundary this will soften views of the site on the approach from the east. On the approach to the site from the west the majority of the dwellings would be obscured by the existing dwellings, and the landscaping within their curtilages, to the west of the site. The layout of the site has been designed so that open views through the site to the countryside are achieved when viewed at the site access. There are long distance open views to the northeast where the site would be visible from Helsby Hill and the Sandstone Ridge. However these longer views of the development would be seen in context with the existing residential form of Guilden Sutton. On balance the siting, scale, layout and design of the proposed housing development would be in keeping with the character of the settlement and would have a negative visual impact. However the need for affordable housing and the availability of the site outweigh the visual harm to the character of the site. Accordingly the proposal complies with Policy HO12. Highway Matters 6.11 Policy TR19 of the Chester District Local plan assesses the highway impact on new development and Policy TR13 ensures there is sufficient car parking provision. The highways officer considers the proposal is sustainable in transport terms. The Council have secured the provision of transport improvements in association with the development namely a footway provision along the site frontage and improvements to public transport facilities in that the existing bus stop is to be moved closer to the site. These provisions would facilitate access to public transport and walking to the local centre. The proposed vehicular access onto School Lane is considered to meet highway safety standards and accords with Policy TR19. The proposal provides sufficient car parking provision within the site and therefore accords with Policy TR13. Archaeology 6.12 No archaeological evidence has been recorded from the site but it has a Historic Landscape Characterisation project (HLC) classification of Medieval Townfields. Landscapes of this HLC type may potentially contain archaeological and historic landscape features. There is therefore potential for undisturbed archaeological evidence, relating to the early settlement of Guilden Sutton, to survive on the site as below ground remains and deposits which would be disturbed and destroyed by the proposed development. In view of the uncertainty about the quality and extent of any archaeological deposits, it would not be reasonable to object to the development on archaeological grounds however if permission is granted it is advised that archaeological investigation through a phased programme of work would be an appropriate course of action which could be secured by condition. page 54

7 Open Space 6.13 Policy SR5 requires the provision of open space either on site or in the form of a commuted sum on proposals for new housing developments. The site provides no on site open space, although some of the garden areas are quite generous in size. An off-site open space contribution of proposed by the applicant and calculated in accordance with the Council s published requirements would be spent on improving open space facilities within the parish. 7.0 CONCLUSION 7.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 provides that where regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise. 7.2 The proposal is for an affordable housing on a rural exception site. The site is adjacent to the settlement of Guilden Sutton and it has been demonstrated that there is a need for affordable housing within the parish and the Ward. The site is close to local services and facilities and is in a relatively sustainable location. Although the site is situated in the Green Belt the applicant has demonstrated a need for the development which overrides the normal presumption against development in this case. It is therefore recommended that this proposal is granted full planning permission subject to a Section 106 agreement/unilateral Undertaking and to the following conditions. 8.0 RECOMMENDATION: Approve subject to 1) a Section 106 agreement/unilateral Undertaking requiring a contribution of to cover the cost of the enhancement of off-site open space and 2) the following conditions: 1. Time Limit 2. Approved Plans 3. Samples of materials 4. Affordable Housing provision 5. Submission of details for hard and soft landscaping 6. Management agreement for landscaping 7. Retention of trees 8. Provision of access 9. Restriction on construction hours 10. Provision of Parking spaces 11. Submission of an archaeological programme. page 55

8 9.0 Background Documents Members are advised that all comments received are available in full for their information at BE122A4F2C?action=firstPage page 56

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