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38 Item No. 3 Application Reference Number P/14/0242/2 Application Type: Outline Planning Permission Date Valid: 11/02/2014 Applicant: William Davis Ltd Proposal: Site for residential development (1.61ha) and creation of access. Location: Land off Lodge End, Loughborough Road, Woodthorpe, Loughborough, Leicestershire Parish: Loughborough Quorn Ward: Loughborough Shelthorpe Quorn & Mountsorrel Castle Case Officer: Mike Smith Tel No: 01509 634761 Description of the Application The site is located on the southern edge of Loughborough in a triangle of land situated between the A6 Leicester Road, the Great Central Railway Line and Lodge End, which is the former land to Woodthorpe. The land is currently in use as a series of horse paddocks and is surrounded on two sides by mature hedgerows; the third boundary to the Great Central Railway Line is defined by an open post and rail fence. The ground levels within the site slope down towards Lodge End which lies at the southern extent of the site; Lodge End itself being separated from the site by a large embankment. The Proposal This is an outline planning application for residential development of up to 35 dwellings. An Illustration of the site has been submitted with the application showing indicative details of the layout of the site, the location of ancillary open spaces, surface water balancing pond and ancillary landscaping. Access is included for detailed consideration and plans have been submitted showing a detailed design for an access into the site from Lodge End involving alterations to the embankment that runs along the southern boundary of the site. In addition, alterations are also proposed at the junction of Lodge End with the A6. The application is accompanied by the following documents: Planning Statement; prepared by William Davis. The report identifies the supporting information submitted to accompany the application and summaries the conclusions of those reports. It then sets out the planning policy circumstances which apply to this site, including consideration of national planning policy as set out in the National Planning Policy Framework (the Framework) and development plan policies as set out in the adopted Charnwood Local Plan (2004) and

Item No. 3 Application Reference Number Date Valid: Ward ......38 Item No. 3 Application Reference Number P/14/0242/2 Application Type: Outline Planning Permission Date Valid: 11/02/2014

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    Item No. 3 Application Reference Number P/14/0242/2 Application Type: Outline Planning

    Permission Date Valid: 11/02/2014

    Applicant: William Davis Ltd Proposal: Site for residential development (1.61ha) and creation of

    access. Location: Land off Lodge End, Loughborough Road, Woodthorpe,

    Loughborough, Leicestershire Parish: Loughborough

    Quorn Ward: Loughborough

    Shelthorpe Quorn & Mountsorrel Castle

    Case Officer:

    Mike Smith Tel No: 01509 634761

    Description of the Application The site is located on the southern edge of Loughborough in a triangle of land situated between the A6 Leicester Road, the Great Central Railway Line and Lodge End, which is the former land to Woodthorpe. The land is currently in use as a series of horse paddocks and is surrounded on two sides by mature hedgerows; the third boundary to the Great Central Railway Line is defined by an open post and rail fence. The ground levels within the site slope down towards Lodge End which lies at the southern extent of the site; Lodge End itself being separated from the site by a large embankment. The Proposal This is an outline planning application for residential development of up to 35 dwellings. An Illustration of the site has been submitted with the application showing indicative details of the layout of the site, the location of ancillary open spaces, surface water balancing pond and ancillary landscaping. Access is included for detailed consideration and plans have been submitted showing a detailed design for an access into the site from Lodge End involving alterations to the embankment that runs along the southern boundary of the site. In addition, alterations are also proposed at the junction of Lodge End with the A6. The application is accompanied by the following documents: Planning Statement; prepared by William Davis. The report identifies the supporting information submitted to accompany the application and summaries the conclusions of those reports. It then sets out the planning policy circumstances which apply to this site, including consideration of national planning policy as set out in the National Planning Policy Framework (the Framework) and development plan policies as set out in the adopted Charnwood Local Plan (2004) and

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    the emerging Local Plan Core Strategy, highlighting The Frameworks key policy focus being the delivery of growth and a clear intention to increase housing delivery (paragraph 49). It also identifies the presumption in favour of sustainable development which is seen as a ‘golden thread’ running through both plan making and decision taking. The report also considers the 5 year housing land supply situation, indicating that the Council currently has a shortfall, in 5 year supply and referencing this to The Framework identifying that where local planning authorities cannot demonstrate a five year supply of housing sites relevant planning policies should not be considered up-to- date. Consideration is given to the emerging Local Plan, highlighting that a significant element of the overall growth in housing is directed to Loughborough and Shepshed. Reference is also made that emerging policy is seeking to remove the Green Wedge designation from the area within which the Lodge End site is located, replacing it with an Area of Separation designation which it suggests is less strategic and concentrates solely on restricting the coalescence between settlements. The report also refers to the Green Wedge Review (2011) completed by the Council as part of the evidence base for the emerging Local Plan and comments that the report identified in respect of the Loughborough/Quorn Green Wedge, that it neither provides a green lung into the urban area nor provides a recreational resource thereby limiting its function as a Green Wedge. It suggests that the removal of the Green Wedge designation in the emerging Core Strategy clearly supports the findings of the Green Wedge review and indicates that the Bull in the Hollow site does not perform a Green Wedge function. The conclusion of the report is that in the light of the presumption in favour of sustainable development, a central thread of national planning policy, there are no significant adverse impacts that would result from the granting of planning permission that would outweigh the benefits of delivering an additional 35 dwellings. Archaeology Desk Based Assessment prepared by CgMs. This report provides an assessment of the heritage assets potentially affected by the development of the site and confirms that there are no designated or non-designated heritage assets affected by the proposals. Further, given the low archaeological potential of the site, it considers that further assessment is not necessary. Phase 1 Geotechnical and Geo-environmental Site Appraisal prepared by GRM. This aims of this report are to obtain information about soil and groundwater conditions within the site area, determine the possible ground related geotechnical and contamination hazards that may affect the proposed development, provide preliminary development recommendations and advice on further works that may be required for the reduction of risks to the development and procedures likely to satisfy regulators. The report concludes that the site is suitable for the proposed development subject to a further Phase II ground investigation. Transport Statement prepared by WYG.

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    The purpose of this report is to demonstrate that the proposed development site is well located in terms of its access to public transport and local facilities and that it can be assessed in a safe manner. Traffic impact assessments have been carried out at all junctions where a material impact is estimated and mitigation measures identified where necessary. Noise and Vibration Assessment prepared by WYG. The report presents the findings of a noise and vibration assessment for the proposed residential development. It concludes that in respect of the considerations of noise and its potential impacts on health and quality of life as outlined in the National Planning Policy Framework paragraph 123, the development is not expected to have any adverse impacts. Any adverse impacts relating to noise can be overcome by appropriate mitigation. Assessment of vibration levels has also shown that there is unlikely to be any building damage associated with vibration from the existing use of the adjacent railway line. Flood Risk Assessment by BWB. This report identifies that the site lies wholly with Flood Zone 1 and that the proposed development would not be at significant flood risk, subject to the recommended flood mitigation strategies being implemented. Surface water drainage is to be managed using swales and an on-site attenuation pond, whilst foul drainage requires a pumped solution from the south to the north due to the topography of the site and the foul discharge point. Extended Phase 1 Habitat Survey and Bat Survey by BSG Ecology. This involved the carrying out of an Extended Phase 1 Habitat Survey and ecological assessment of the site to identify any potential ecological constraints to the proposed development the detail any further survey work that may be required, and make recommendations for any mitigation and enhancement measures. In respect of habitats, the report recommends that hedgerows are retained wherever possible and managed to enhance their bio-diversity interest. To compensate for the loss of hedgerow where the access road is proposed, it recommends that a new hedgerow/wooded area is created within the design of the new development. As regards protected species:

    Bats: A separate bat survey report has been prepared and submitted which identifies that, because the majority of suitable bat foraging and commuting habitats will be retained and a new habitat feature (the attenuation pond) will be created, the proposed development is unlikely to give rise to any significant adverse impacts. It is however recommended that as much as possible of the southern boundary hedgerow is retained and that in the vicinity of the new access, trees exceeding the height of the remaining hedgerow are planted at either side of the gap.

    Great Crested Newts: There are no ponds within the site but there are 4 within 500m, two of which could provide suitable aquatic habitat for amphibians

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    including great crested newts. These are connected to the site via optimal terrestrial habitat. Further survey work is scheduled to be carried out in Spring 2014.

    Nesting Birds: It is recommended that works are carried out between late August and February in order to avoid the bird breeding season.

    Badgers: No badger setts are located within or immediately adjacent to the site, therefore the works are considered highly unlikely to result in an adverse impact. There is however a well worn path leading along the western boundary. It is therefore recommended that a vegetated strip is maintained along this boundary.

    Reptiles: The proposed works are likely to result in the loss of the habitats which are assessed as providing suitable habitats for foraging, basking and sheltering reptiles. It is recommended that a reptile survey is undertaken of the suitable habitats at a suitable time of the year.

    Invertebrates: The unmanaged neutral grassland contains a high proportion of herb species and is likely to be of value to a range of invertebrate species. It is recommended that wherever possible native wildflower planting is incorporated into the layout of the site.

    Landscape and Visual Impact Assessment by Munro + Whitten. The purpose of this study is to assess the affect of the proposed development on the landscape and visual resources over the study area centred on the site. The report firstly considers the site in its landscape context as set out in regional, borough wide and local landscape character assessments. It then considers the Landscape and Visual Assessment of the site in order to fully understand the implications of the proposed development on local visual receptors and on the local landscape character, and offers mitigation against the impacts of the development on the local landscape. It also considers how the application would affect the local Green Wedge between Loughborough and Quorn, concluding that the development would not compromise the landscape forming the greater part of the separation between Loughborough and Quorn, thereby maintaining the integrity of the Green Wedge policy for the area. Design and Access Statement by Stephen George and Partners. This describes the location of the site and its setting and its relationship to community facilities. An appraisal of the site is then undertaken identifying the opportunities and constraints to development and the character of the local area. Following the identification of the relevant planning policy, design objectives are identified including the consideration of the; Use and Amount of Development, Landscape, Access, Layout, Scale and Appearance, all of which have led to the formulation of the submitted scheme. The document includes a Preliminary Building for Life Assessment. The report concludes that the development will provide a good range of houses in an attractive, well planned layout preserving and enhancing the best features of the site. The site is well placed to benefit from the town’s facilities and the development will

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    contribute to the range of housing in and the appearance of the built form of the local area. Development Plan Policies and other material considerations Borough of Charnwood Local Plan 1991-2006 (adopted 12th January 2004) (saved policies) Policy ST/1 - Overall Strategy for Charnwood - This seeks to set the overall framework for development in the Borough, ensuring that needs of the community are met, and that features of the natural and built environment are protected and safeguarded where necessary. The policy aims to improve the quality of development through the layout of sites and to achieve sustainable development in a co-coordinated, comprehensive and consistent basis. It also states that, in identifying development needs of the Borough, measures will be taken to, amongst other things, identify areas of Green Wedge and other open land necessary to preserve the separate identity of settlements and to ensure that as urban development takes place, undeveloped links to the countryside extending outwards from the urban areas are retained; Policy ST/2 - Limits to Development - This policy seeks to restrict development to within the existing Limits to Development boundaries of existing settlements to ensure that development needs can be met without harm to the countryside or other rural interests. Policy ST/3 - Infrastructure - Seeks to ensure that developers provide financial contributions for things which have an impact on related infrastructure or community facilities. Policy EV/1 - Design - This seeks to ensure a high standard of design and developments which respect the character of the area, nearby occupiers, and which are compatible in mass, scale, layout, whilst using landforms and other natural features. Developments should meet the needs of all groups and create safe places for people. Policy EV/17 - Safety in New Development - The policy aims to secure improvements to ensure public safety in the design and layout of new development. Policy EV/20 - Landscaping in New Development - This seeks to ensure that a high standard of landscaping is provided on all new development sites, particularly where these are in areas adjacent to countryside, or principle transport corridors. Policy H/5 - Affordable Housing on Unallocated Sites - This seeks to secure the provision of the appropriate amount of affordable housing with a range of house types on windfall sites. Policy H/16 - Design and Layout of New Housing Developments - This policy seeks to ensure that proposed housing developments are planned to ensure that high standards of design are achieved in terms of scale, character of the area, privacy, landscaping and creating a safe and secure environment. Policy CT/1 - General Principles for Areas of Countryside, Green Wedge and Local Separation - This sets out the criteria against which to assess proposals for

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    development within a Countryside location. This is limited to small scale developments and re-use and adaptation of rural buildings for uses suitable in scale and nature. The exceptions are agricultural or forestry proposals, facilitation of the rural economy, improving recreational facilities, and implementing strategically important schemes. Policy CT/2 - Development in the Countryside - This policy seeks to ensure development acceptable in principle should not harm the character and appearance of the countryside and safeguard its amenity interests. Policy CT/3 – Development in Green Wedges – This policy seeks to ensure that development in green wedge areas which is acceptable in principle will be permitted where it would protect the predominantly open and undeveloped character of the area; and be consistent with safeguarding the areas function to provide important separation between settlements, and maintain public access. Policy TR/1 - Specified Road Network - This seeks to ensure that development is not granted which results in serious congestion on the main traffic routes through the Borough, or otherwise prejudice the ability to provide for safe and efficient movement of traffic. Policy TR/6 - Traffic Generation from New Development - This seeks to restrict development which, through its impact, results in an unsatisfactory operation of the highway system, or has a significant impact on the environment, unless measures are proposed to overcome any harmful effects. In all cases measures should help to reduce car dependence and usage. Policy TR/18 - Parking in New Development - This seeks to set the maximum standards by which development should provide for off street car parking dependent on floor space or dwelling numbers. RT/3 - Play Spaces in New Development - This policy seeks to ensure the provision of play space in development primarily for family occupation and sets out standards required to achieve this. It also allows for seeking commuted sum payments of developments less than 10 dwellings in areas where there would be, or is, a deficiency in play space in an area. RT/4 - Youth/Adult Play in New Development - This seeks to ensure the provision of youth/adult play provision on developments of more than 10 units. Where this is not feasible on the site, then a commuted sum can be negotiated. RT/5 – Amenity Open Space in New Development - This policy requires the provision of 38sqm per 10 dwellings for additional amenity open space on all developments over 10 dwellings. Other Policies Leading in Design Supplementary Planning Document February 2006

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    This encourages and provides guidance on achieving high quality design in new development. It indicates that the Council will approach its judgments on the design of new development against the following main principles:

    Places for People – Successful developments contribute to the creation of distinctive places that provide a choice of housing and complementary facilities and activities nearby. Good design promotes diversity and choice through a mix of compatible developments and uses that work together to create viable places that respond to local needs.

    Accessible Places – Successful developments are easy to get to and move through, with short, direct public routes overlooked by frontages.

    Safe Places – Successful developments are safe and attractive with a clear division between public and private space. Good design promotes the continuity of street frontages and the enclosure of space by development which clearly defines public and private areas.

    Sustainable Places – Successful developments are able to adapt to improve their long-term viability and are built to cause the least possible harm to the environment. It also incorporates resource efficiency and renewable energy measures to take into account the long-term impact of a development.

    Distinctive Places – Successful developments respond to their context.

    Affordable Housing (SPD) Clarifies the Local Plan policies on affordable housing and increases the proportion of affordable homes the Council will seek on a new housing scheme to a minimum of 30%. It sets clear guidelines about how the Council will determine the type and tenure of dwellings as well as their design and layout. Developer Contributions (SPD) Sets out the circumstances which might lead to the need for a contribution to the provision of infrastructure, community services or other facilities. However, recent appeal decisions have confirmed that Inspectors will not support obligations (even if agreed by the appellant) unless the planning authority can demonstrate that they are specifically related to the proposed development. Regulation 122 of the CIL Regulations introduced on the 6 April 2010 prescribes the limitations on the use of planning obligations. Accordingly it is unlawful for a planning obligation to be taken into account when determining a planning application for a development that does not meet all of the following tests:-

    It is necessary to make the development acceptable in planning terms.

    It is directly related to the development.

    It is fairly and reasonably related in scale and kind to the development.

    The advice is that local planning authorities should ensure that the policy tests are set out in the committee or delegated reports where a section 106 agreement is to be negotiated. The obligations should be reasoned in the reports in light of the tests and

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    clear advice that if the contributions do not satisfy the tests, that no weight should be attributed to them in the decision making process. There is a substantial risk that a decision to grant planning permission could be challenged as being unlawful if the planning authority cannot demonstrate that the tests have been met. 6’c Design Guide The County Highway Authority has adopted a Design Guide for new development which contains, in Section DG6: Public Transport, advice that pedestrian access to bus routes should generally, in urban areas, be a maximum of 400m and desirably no more than 250m. In rural areas the walking distance should not be more than 800m. National Planning Policy Framework 2012 (The Framework) The Framework sets out the Government’s planning policies for England, how these are expected to be applied and taken into account in the preparation of local and neighbourhood plans, and as a material consideration in the determination of planning decisions. (Para2). The Framework states that the purpose of the planning system is to contribute to the achievement of sustainable development and that there are 3 dimensions to this;

    An economic role – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places to support growth and innovation

    A social role – supporting strong, vibrant and healthy communities by providing the supply of housing required to meet the needs of present and future generations, and by creating a high quality built development with accessible local services;

    An environmental role – contributing to protecting and enhancing our natural, built and historic environment.

    At the heart of the Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision making. For decision making, 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 the Framework taken as a whole; or where specific policies in the Framework indicate development should be restricted. (Para 14 and 197).

    Section 4: Promoting Sustainable Transport Paragraphs 29 – 32 indicate that transport policies have an important role to play in facilitating sustainable development, but also in contributing to wider sustainability and health objectives. Smarter use of technologies can reduce the need to travel. The transport system needs to be balanced in favour of sustainable transport modes, giving

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    people a real choice about how they travel. However, the Government recognises that different policies and measures will be required in different communities and opportunities to maximise sustainable transport solutions will vary from urban to rural areas. All developments that generate significant amounts of movement should be supported by a Transport Statement or Transport Assessment. Plans and decisions should take account of whether:

    the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure;

    safe and suitable access to the site can be achieved for all people;

    and improvements can be undertaken within the transport network that cost effectively limits the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.

    Section 6: Delivering a wide choice of high quality homes. To boost significantly the supply of housing, local planning authorities should identify and update annually a supply of specific deliverable sites sufficient to provide five years worth of housing against their housing requirements with an additional buffer of 5% (moved forward from later in the plan period) to ensure choice and competition in the market for land. Where there has been a record of persistent under delivery of housing, local planning authorities should increase the buffer to 20% to provide a realistic prospect of achieving the planned supply. (Para 47) Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five year supply of deliverable housing sites. (Para 49) Section 7: Requiring good design Good design is a key aspect of sustainable development is indivisible from good planning and should contribute positively to making places better for people. (Para 56). In determining planning applications, great weight should be given to outstanding or innovative designs which help raise the standard of design more generally in the area. (Para 63). Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions. (Para 64) Section 10: Climate change and flooding In determining planning applications, local planning authorities should expect new development to:

    Comply with adopted local plan policies on local requirements for decentralised energy supplies.

    Take account of landform, layout, building orientation, massing and landscaping to minimise energy consumption. (Para 96).

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    It says that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere. Opportunities offered by new development to reduce the causes and impacts of flooding should be used. Section 11: Conserving and enhancing the natural environment The planning system should contribute to and enhance the natural and local environment by:

    Protecting and enhancing valued landscapes

    Recognising the wider benefits of ecosystem services

    Minimising impacts on biodiversity and providing net gains in biodiversity (Para 109). Para 118 sets out the principles when determining planning applications for which development which has an impact on biodiversity.

    Para 121 deals with ground conditions and environmental pollution

    Para 123 deals with noise and states that decisions should aim to avoid noise from giving rise to significant adverse impacts and take into account the presence of Air Quality Management Areas (Para 124).

    Decision taking The Framework sets out that local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development. The relationship between decision making and plan-making should be seamless, translating plans into high quality development on the ground (Para 186). It therefore requires LPA’s to approve development proposals which accord with the local plan without delay, and where the plan is absent, silent, or its policies are out of date, planning permission should be granted for development unless its adverse impacts would significantly and demonstrably outweigh the benefits. In assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development (Para 197). It is important to note that the document states that if a local planning authority cannot demonstrate a five year supply of deliverable housing sites, relevant policies for the supply of housing should not be considered up-to-date, and applications for housing should be considered in the context of a presumption in favour of sustainable development (Paragraph 49). Emerging Local Plan Core Strategy The Council is in the process of preparing a Core Strategy for the Borough. Full Council approved the submission of this to the Secretary of State in October 2013 for the purpose of an examination in public to be held. Initial hearings took place in March 2014 and the Inspector has held that the hearings be suspended for 9 months while further evidence is prepared by the Local Authorities that make up the Housing Market Area, or that the plan be withdrawn. The Head of Planning and Regeneration replied to the Inspector on the 25th April 2014 following discussion with the Leader, Cabinet Lead for Planning & Sustainability and senior officers at the Council to inform the Inspector that the Council is minded to accept the proposal for a suspension but wishes to explore the

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    details and length of that suspension. The Inspector has responded advising that he is happy with a Memorandum of Understanding between authorities rather than a formal strategy to agree housing distribution. A timescale for that work to be carried out is being considered to allow the Examination to re-open later this year. In the meantime the status of the Core strategy therefore remains as before - it is a submitted plan that is a material consideration in the determination of planning applications. The emerging Core Strategy currently requires overall that Charnwood needs to plan for a total of 17,380 new homes over the period up to 2028. The development strategy identifies two sustainable urban extensions; one west of Loughborough and one north-east of Leicester which it is proposed will provide for a significant proportion of overall housing need of the Borough. Whilst this overall number is subject to review, the majority of growth not identified as taking place on the edge of Leicester is planned for the area around Loughborough and Shepshed; Loughborough being the largest town in the District and home to the University. The overall strategy for Loughborough focuses primarily on the western growth area including a sustainable urban extension to the west of Loughborough; although it expects other land to be developed on smaller sites within and adjoining Loughborough and Shepshed, including making the most effective use of brownfield land. It is important to emphasise that although the Core Strategy is a material consideration in the determination of planning applications its policies have limited weight at this stage in its preparation because they have been contested. This position was clarified by the Secretary of State in a recent decision in relation to a called in appeal for a proposed residential development at Mountsorrel (Planning Application P/12/2005/2) It should also be noted that the evidence base used to inform the preparation of the emerging care strategy is also a material consideration. Green Wedge Review (February 2011) This forms part of the evidence base used in the formulation of the Core Strategy and will help formulate the eventual Site Allocations and Development Management Policies Document. At this stage it does not change the status of any Green Wedge but can be considered as a material consideration in the determination of planning applications. With reference to the Green Wedge between Loughborough and Quorn, the review notes the development pressures placed on the area and also notes that although the Green Wedge provides a link between the urban area and the countryside it does not provide a green lung into Loughborough as it does not penetrate the urban area. The review suggests that some parts could be released for development and those remaining areas re-categorised as part of an Area of Local Separation. Relevant Planning History There is no relevant planning history for the site. Responses of Statutory Consultees CPRE: objects to the application.

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    Whilst the location appears on plan to adjoin the area of land recently granted planning permission for housing development, in fact it is physically separated by the Great Central Railway and bounded on the other side by the A6. The location has an impact on the area of separation between Loughborough and Quorn along the A6. The analysis on page 14 of the Green Wedge Study (Feb 2011) states that; ‘its principle function was originally to secure open views of the countryside from within Loughborough and Quorn, to safeguard rural, open aspect of approaches into Loughborough. Clearly this remains the case. The applicant’s Design and Access Statement includes the following design objectives; to create a sustainable housing development that has a positive relationship to Loughborough, and to create an attractive frontage when seen from the A6 approach road to Loughborough from the south. These statements are incorrect. The present frontage should be maintained and the site does not have a positive relationship to the town, the gateway to Loughborough along the A6 the GCR bridge successfully provides this entrance to the town and should be retained. In relation to traffic issues, Lodge End is currently used as a bridleway /pedestrian route linking the A6 to Epinal Way. CPRE also have concerns relating to the vision of traffic emerging from the proposed junction onto the A6. Leicestershire County Council (Highways) No objections to the proposals subject to conditions. Quorn Parish Council (Plans Scrutiny Group) It was unanimously resolved to recommend funding a judicial test of the NPPF sustainability to the full parish Council should the decision be to grant this or any subsequent application within the flood prone land that separated Loughborough and Quorn. Environment Agency No objections subject to the imposition of suitable conditions requiring the submission and approval of a surface water drainage scheme based on sustainable drainage principles. Severn Trent Water No objections subject to the inclusion of a condition requiring details of foul and surface water drainage schemes.

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    Other comments received A letter of representation has been received in response to the consultation on the application from the Great Central Railway Company. The concerns can be summarised as:

    The noise assessment report states that the railway operates only on Tuesdays, Wednesdays, Thursdays, Saturdays and Sundays. This is incorrect as the railway is operational every day of the year and can run trains over a 24 hour period.

    The Design and Access Statement indicates that a new native hedgerow and trees is to be planted on the western edge of the site. All trees must be planted at least 10 metres from the top of the cutting in accordance with Railway regulations and roots should not causes embankment slippage.

    The developer must ensure that protective fencing is erected during construction to prevent access and ingress to the railway and surrounding verges.

    During the normal operation of the working heritage railway, engines will produce smoke and diesel emissions and a level of regular noise is to be expected.

    Consideration of the Planning Issues The main issues that need to be considered in the determination of this planning application are:

    The principle of housing development,

    Is the site situated in a sustainable location,

    Layout and Design

    Impact on Infrastructure

    The effect of the proposal on the Green Wedge The Principle of Housing Development. . The starting point for decision making on all planning applications is that they must be made in accordance with the adopted development plan unless material considerations indicate otherwise. Policies in the adopted Charnwood Local Plan are therefore the starting point for consideration, although the weight that is attached to these policies is dependant upon the degree to which they are consistent with the National Planning Policy Framework (the Framework). Given that the current Local Plan was adopted in 2004, it is inevitable that some of its policies do not sit comfortably with the later Framework. In particular in relation to the strategy for housing provision, the policies of the saved Local Plan set out a strategy for housing provision for the period 1991-2006 and are clearly therefore out of date, a position which has previously been acknowledged by the Council and been confirmed in a number of recent appeal decisions. The National Planning Policy Framework (the Framework) establishes that at the heart of the planning is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision making. For decision making, this means:

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    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 the Framework taken as a whole; or where specific policies in the Framework indicate development should be restricted. (Para 14 and 197).

    Paragraph 49 of the Framework, further states that housing applications should be considered in the context of the presumption in favour of sustainable development and relevant policies for the supply of housing should not be considered up-to-date if the local planning authority cannot demonstrate a five year supply of housing. In such circumstances the consideration should be that planning permission should be granted 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;

    Specific policies in the Framework indicate that development should be resisted .

    Housing Land Supply It has previously been acknowledged that the Council does not currently have a five year supply of deliverable housing based on the housing requirements for the period 2006-2028. The table below summaries the Borough Council’s 5 year housing supply position as at February 2014.

    Charnwood Borough Housing Supply Estimate as at 31st March 2014

    Charnwood Total

    a Charnwood Pre-Submission Draft Core Strategy

    Housing Requirement (2006-2028)

    17380

    790per annum

    b Completions (2006-2014) 5,612

    c Residual Requirement 2014-2028 (a – b). (11,.768 \ 14 years = 841)

    11,768 841 per annum

    d Requirement for 5 years 2014-2019, (5x 841).

    4,205

    e Requirement for 5 years 2014-2019 with 20% buffer for under delivery in accordance with NPPF.

    5,046

    f Expected supply of deliverable sites (planning permissions likely to be built 2014 -2019)

    3,975*

    g Surplus over requirement (e -f) -1,071

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    h Number of years supply (f divided by 1009 (e divided by 5) ).

    3.94 years

    *includes sites that are waiting signing of S.106’s.

    The Framework also indicates that an additional buffer of 5% (moved forward from later in the plan period) to ensure choice and competition in the market for land should be found. However, where there has been a record of persistent under delivery of housing, local planning authorities should increase the buffer to 20% to provide a realistic prospect of achieving the planned supply (Para 47). These measures are intended to help significantly boost the supply of housing. Whilst the above housing supply figure can only be a reasonable estimate, it is nevertheless informed by current levels of supply and completions and it is considered that the Council cannot therefore demonstrate (as set out above) a robust 5 year plus 20% supply of housing land across the Borough.

    In addition, whilst the Framework makes it clear that decision makers may give weight to relevant policies in emerging plans, the degree of weight given to each policy prior to its adoption depends on whether or not the policy is consistent with the Framework and whether it is contentious. As the Core Strategy covers a wide range of issues it is therefore not surprising that some issues have been more contentious than others, in particular for example how much housing is needed and where this should be built. As housing issues have clearly been contentious in preparation of the Core Strategy and it has been acknowledged that there is a lack of a 5 year supply of housing land, it is considered that relevant Core Strategy polices can carry very little weight.

    In these circumstances the Framework is clear that sustainable residential development must be allowed unless any adverse impacts would significantly and demonstrably outweigh the benefits of providing the required housing. Is the site situated in a sustainable location. Loughborough is acknowledged as being the largest town in the district and is the main focal point for shopping, culture, leisure and business. In the emerging Core Strategy the majority of growth which is not proposed to take place at the edge of Leicester is planned at Loughborough and Shepshed on the basis that people who would live and work in new developments could take advantage of the facilities already present and in turn support the economy and regeneration of these centres. Although the emerging strategy for Loughborough is primarily focused on a western growth area that is planned to deliver new homes, a range of jobs, services, community facilities and public access to historic parkland, further homes and employment development are expected to be developed on smaller sites within and adjoining Loughborough and Shepshed. The application site lies outside, but immediately adjacent to, the current limits of development of Loughborough as it extends south of the town and is also located immediately adjacent to the A6. It is well placed to take advantage of its proximity to existing services and facilities in the town. The A6 which runs alongside the site is the main route into Loughborough from the south for public transport, indeed the site has

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    an existing bus stop immediately outside which it is proposed would be accessed directly from the development. Finally, the footpath alongside the A6 at this point has a dual role as a footpath and cycleway linking Quorn and Loughborough and in doing so provides the site with a further alternative means of access into the centre of Loughborough. Layout and Design. The application, which is supported by an illustrative masterplan, proposes the development of the site by up to 35 dwellings. The supporting design and access statement indicates that the site would be developed by mix of 2, 3 and 4 bed roomed properties including some affordable properties. Access into the site is to be provided by a new access road off Lodge End which because of the change in levels between the site and the road would involve the alteration and remodelling of the embankment to allow the construction of a road to meet highway authority requirements. Further off-site highway works are proposed at the junction of Lodge End and the A6. Although the proposal would involve the loss of some of the existing hedgerow on the southern embankment of the site, to allow for the construction of the access road, it is proposed that replacement hedging would be planted to minimise the overall loss. However, the existing hedgerow which runs along the eastern boundary of the site alongside the A6 is also to be entirely retained apart from a narrow single point of footpath access which would allow residents immediate access to the A6 and the existing bus stop. The layout proposes that the properties would be largely southerly orientated thereby maximising the sunlight reaching the main windows. At the same time this results in those properties closest to the A6 being primarily ‘gable end’ on to the road in line with the suggestions in the submitted noise assessment. An area of ancillary open space is proposed within the site which would provide some on site ancillary open space as well as an on site surface water balancing area. To the western boundary, alongside the Great Central railway line, a 3m ecological corridor is also proposed as required by the applicant’s ecological assessment. This corridor will be separate from any private gardens situated on this side of the site. Overall, there is no evidence to show that the scheme would not result in a high quality form of development which could to respond to the form and topography of the site and largely respect existing natural features. Impact on the infrastructure The impact of additional housing on public services and facilities in this location is a consideration that needs to be addressed. In this instance requests for financial contributions have been received from Leicestershire County Council, Libraries, Civic Amenities and Education, and in addition, the Council’s Housing Strategy Manager has indicated, that in line with the adopted SPD, an affordable housing requirement of a minimum of 30% is appropriate.

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    The contributions requested are assessed as follows:

    Affordable Housing –30% of the dwellings constructed on site to be affordable housing – 75% social rented/25% intermediate.

    Education - £228,627.64 to accommodate the capacity issues created by the proposal by remodelling or enhancing the existing facilities at Beacon Academy, Rawlins Community College and/or Woodbrook Vale High School and Rawlins Community College.

    Library Contributions – £1,900

    Travel Packs to inform new residents from first occupation what sustainable travel choices are in the surrounding area (can be supplied by LCC at £562.85 per pack).

    6 month bus passes, 2 per dwelling; to encourage new residents to use bus services, to establish changes in travel behaviour from first occupation and promote usage of sustainable travel modes other than the car.

    Information display cases at 2 nearest bus stops; to inform new residents of the nearest bus services in the area. At £120.00 per display

    Recreation – appropriate contributions towards the transfer of the play area.

    The proposals include a limited amount of on site open space and a small play area, although its proximity to larger scale development immediately to the west of the Great Central railway line would provide the opportunity for residents to access a greater range of facilities nearby. The applicants have confirmed their willingness to enter into a Section 106 Agreement to secure these contributions. The effect of the proposal on the Green Wedge. The site currently lies outside the built limits of development of Loughborough although close to its southern extent along the A6. It therefore lies within the open countryside and is also located within a Green Wedge as identified in the Charnwood Local Plan. The central issue in this application is the need to balance the requirement to make land available for new housing, as set out in the Framework and other government statements, against the considerations of the impact of new housing on the open countryside in general and the Green Wedge separating Loughborough and Quorn in particular, and whether any adverse impacts of allowing the development would,’ significantly and demonstrably outweigh the benefits’ of allowing additional housing development. The Charnwood Local Plan, paragraph 6.19 identifies that the guiding principle of the Green Wedge Policy (CT/3) is; ‘to safeguard those areas of structurally important open land around Leicester and Loughborough which provide important separation between communities, and so help protect the individual identities of those communities’. Paragraph 2.31 provides further guidance identifying that the role of green wedge is; ‘to ensure that as urban development proceeds areas of open land are retained to prevent the coalescence of settlements and preserve linkages to the countryside, together with

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    the encouragement of their positive management’. It recognises however that through successive plan reviews the inner boundaries of the Green Wedges will be reviewed. The Green Wedge Review (2011) provides the evidence for the policy review in the emerging Core Strategy. The review identifies that in order for an area to be considered as a green wedge if would need to fulfil the following principles:

    Preventing the merging of settlements

    Guiding development form

    Providing a green lung into the urban areas, and

    Providing a recreational resource The applicants note that the Green Wedge in this location does not perform all of the functions necessary to meet those criteria and therefore the allocation of the land may change in future local plan documents, nevertheless until that time, it is a saved local plan policy which is relevant. In conclusion, although there would be some level of the proposal being contrary to policy CT/3 of the Local Plan, this harm should be assessed against the benefits. The Green Wedge Review notes the development pressure here but does not state that any of it should be released for development. Green Wedges were never meant to be kept in perpetuity but to be reviewed at each local plan review. There will therefore need to be a balance made between the effect of the development on the purposes and intentions of the green wedge and the benefits of the housing development to help meet the Council’s housing shortage. Whilst it is considered that the proposal would to a small extent reduce the gap between Loughborough and Quorn, the extent to which this matters, needs to be assessed on its merits and whether this would have a significant effect on the separation between Quorn and Loughborough and thereby result in the coalescence of the settlements. Although the proposed development would involve the loss of a small area of land forming part of the current Green Wedge separating Loughborough and Quorn; it is considered that the site’s function as part of the green wedge is restricted by its limited visibility within the overall landscape. This is because of its low lying nature and the fact that the land immediately to the south around Quorn Lodge and One Ash is higher in elevation In addition the embankment and bridge over the Great Central Railway which forms the southern boundary of the site, largely screens the site from the south. Together, these significantly restrict the medium and longer term views of the site, particularly from its southern approach, and whilst it will be visible from closer distances when approaching it along the A6 heading towards Loughborough; the existing boundary vegetation together with proposed landscaping will effectively screen the site and majority of the built development. The site will be more visible in the wider landscape when exiting Loughborough, although from the site itself Quorn cannot be seen due to the topography of the land immediately to the south and the existing site vegetation. In addition the proposals must also be considered in the context of the approval of outline planning permission for a much larger development on land immediately to the west of the Great Central railway line which will be seen in the same landscape context as this site.

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    The proposal would reduce the gap between Quorn and Loughborough, although the extent to which this matters should be considered on its merits, and an assessment made about whether this would significantly harm the gap between Quorn and Loughborough, or have a significant effect on the coalescence of the settlements. A recent planning appeal decision is considered relevant. This was for a scheme for 60 houses on land between Rearsby and East Goscote (P/12/2569/2) which although not part of a Green Wedge, was on land within an Area of Separation between the two villages. The application was refused as it was considered that the proposed development would significantly and demonstrably fail to protect the open and undeveloped nature of the separation land and separate identities of the settlements. The appeal was subsequently allowed and in allowing the proposal, the Inspector concluded that there was insufficient evidence to show that the gap between the settlements would be so significantly and harmfully affected to outweigh the benefits of securing necessary additional provision of housing in a location on the edge of the reasonably sustainable settlement. It is considered in the context of this site and the separation of the two settlements of Loughborough and Quorn, the limited scale of development would not seriously damage the integrity or purpose of the Green Wedge or result in any demonstrable coalescence. Conclusion The proposal would involve development within the open countryside and indeed within a Green Wedge as defined in the adopted Charnwood Local Plan and is therefore contrary to Policies CT/1, CT/4 and CT/3. In applying the overall planning balance however, it is considered that the limited adverse impact that there would be on the Green Wedge and the separation between Loughborough and Quorn as a result of this development, is not significant enough in this case to outweigh the presumption in favour of sustainable housing development. The site forms only a small part of the wider Green Wedge currently separating Loughborough from Quorn and its location and topography are such that the development would not, it is considered, have any significant visual impact on the coalescence between the two settlements. Furthermore in the context of a planning approval for a much larger housing development on land immediately to the west of this site, the visual impact of the development on the wider countryside is not considered sufficient to sustain a refusal of planning permission. The Green Wedge review which forms part of the evidence base used in the formulation of the Core Strategy and will help formulate the eventual Site Allocations document, notes the development pressures on the Green Wedge and also notes that although it provides a link between the urban area and the countryside, it does not provide a green lung into Loughborough as it does not penetrate the urban area. Whilst it does provide some recreational activities in certain areas this is not enough to support its function as a Green Wedge. The emerging Core Strategy at paragraph 7.16 identifies that opportunities for new Areas of Separation in those areas previously designated as Green Wedge will be explored in association with strategic development for homes and jobs. Policy CS11 supersedes the Green Wedge designation although seeks to support and protect the character and landscape of the countryside.

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    Given the weight attached to the advice contained in the National Planning Policy Framework and the limited weight of the Charnwood Local Plan and the emerging Core Strategy, as set out above; it is considered that the benefits of helping to meet the Borough’s housing needs, outweighs the detriment to the limited area of countryside and would make it difficult to ensure a refusal of planning permission is defendable. It is therefore recommended that the application be approved subject to the satisfactory conclusion of a Section 106 Agreement to secure infrastructure contributions and the following conditions. RECOMMENDATION A That authority is given to the Head of Planning ands for homes and jobs, Policy Regeneration and the Head of Strategic Support to enter into an agreement under Section 106 of the Town and Country Planning Act 1990 to secure infrastructure improvements, on terms to be finalised by them, as set out below :-

    Affordable Housing –30% of the dwellings constructed on site to be affordable housing – 75% social rented/25% intermediate.

    Education - £228,627.64 to accommodate the capacity issues created by the proposal by remodelling or enhancing the existing facilities at Beacon Academy, Rawlins Community College and/or Woodbrook Vale High School and Rawlins Community College.

    Library Contributions – £1,900

    Travel Packs to inform new residents from first occupation what sustainable travel choices are in the surrounding area (can be supplied by LCC at £562.85 per pack).

    6 month bus passes, 2 per dwelling; to encourage new residents to use bus services, to establish changes in travel behaviour from first occupation and promote usage of sustainable travel modes other than the car.

    Information display cases at 2 nearest bus stops; to inform new residents of the nearest bus services in the area. At £120.00 per display

    Recreation – appropriate contributions towards the transfer of the play area. RECOMMENDATION B That subject to the completion of the agreement in A above, planning permission be granted subject to the imposition of the following conditions. Grant Conditionally

    1 Application for approval of reserved matters shall be made within three years of the date of this permission and the development shall be begun not later than two years from the final approval of the last of the reserved matters. REASON: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

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    2 The development shall be carried out only in accordance with the details and

    specifications included in the submitted application, as amended by the revised drawing(s) No(s). P002a and P001a received by the local planning authority on 30/04/2014 showing a revised site boundary. REASON: To make sure that the scheme takes the form agreed by the authority and thus results in a satisfactory form of development.

    3 Notwithstanding the details submitted the proposed access and road junction

    alterations with Loughborough Road shall be designed and constructed fully in accordance with Highway Authority standards before any dwelling hereby permitted is first occupied. REASON: In the interests of highway safety.

    4 All details of the proposed development shall comply with the design

    standards of the Leicestershire County Council as contained in its current design standards document. Such details must include parking and turning facilities, access widths, gradients, surfacing, signing and liming ( including that for cycleways and shared use footpaths/cycleways) and visibility splays and be submitted for approval by the Local Planning Authority in consultation with the Highway Authority before development commences. REASON: To ensure a satisfactory form of development and in the interests of highway safety.

    5 The development shall not commence until approval of the following reserved

    matters has been obtained in writing from the local planning authority:- a. layout, b. scale, c. appearance, and d landscaping. REASON: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004

    6 No development, including site works, shall start on the site until details of

    existing and proposed levels, including ground levels, finished floor levels of all dwellings and a number of sections across the site (these sections to extend to land and buildings adjoining the application site), have been submitted to and agreed in writing by the local planning authority REASON: To make sure that the development is carried out in a way which is in character with its surroundings.

    7 No development shall commence on the site until such time as a construction

    traffic/site traffic management plan, including wheel cleansing facilities and vehicle parking facilities, and a timetable for their provision, has been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved details and timetable. REASON: To reduce the possibility of deleterious material ( mud and stones etc) being deposited on the highway and becoming a hazard to road users , and to ensure that construction /site traffic associated with the development does not lead to on-street parking problems in the area.

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    8 Any existing vehicular accesses currently serving the site shall be closed permanently and the existing vehicular crossing reinstated in accordance with a scheme that shall have first been submitted to and approved by the Local Planning Authority in consultation with the Highway Authority within one month of the new access being brought into use. REASON: To protect footway users in the interests of pedestrian safety and to reduce the number of vehicular accesses to the site and consequently to reduce the potential number of conflict points.

    9 The proposed scheme of noise mitigation as set out in Section 6.1 of the

    Noise Assessment Report ( Jan 2014) shall be sufficient to achieve the following noise levels within the development: * Habitable rooms 35 dBA expressed as a 16 hour Laeq ( 07.00 to 23.00) * Bedrooms 30dBA expressed as an 8 hour Laeq ( 23.00 to 07.00), and * External Gardens 55 dBA expressed as a 16 hour Laeq ( 07.00 to 23.00) REASON: To ensure an adequate level of protection of noise for future occupants.

    10 No development shall commence on site until a Risk Based Land

    Contamination Assessment has been submitted to and approved in writing by the Local Planning Authority. The assessment should be undertaken in accordance with relevant standards and should any unacceptable risks be identified, a Remedial Scheme and Verification Plan must be prepared and submitted to and agreed in writing with the Local Planning Authority. If deemed necessary any capping materials which are imported from other sites should be sampled and tested prior to importation to ensure it is suitably clean. REASON: To ensure that the site is safe and suitable for use for which it is intended.

    11 No development, including site works, shall begin until a landscaping

    scheme, to include those details specified below, has been submitted to and agreed in writing by the local planning authority: i) the treatment proposed for all ground surfaces, including hard areas; ii) full details of tree planting; iii) planting schedules, noting the species, sizes, numbers and densities of plants; iv) finished levels or contours; v) any structures to be erected or constructed; vi) functional services above and below ground; and vii) all existing trees, hedges and other landscape features, indicating clearly those to be removed. REASON: To make sure that a satisfactory landscaping scheme for the development is agreed.

    12 The landscaping scheme shall be fully completed, in accordance with the

    details agreed under the terms of the above condition, in the first planting and seeding seasons following the first occupation of any part of the development or in accordance with a programme previously agreed in writing by the local planning authority. Any trees or plants removed, dying, being severely

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    damaged or becoming seriously diseased, within 5 years of planting shall be replaced in the following planting season by trees or plants of a size and species similar to those originally required to be planted. REASON: To make sure that the appearance of the completed development is satisfactory and to help assimilate the development into its surroundings.

    13 No dwelling or building on the site shall be occupied until a landscape

    management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than domestic gardens, has been submitted to and agreed in writing by the local planning authority. The agreed landscape management plan shall then be fully implemented. REASON: To make sure that the appearance of the completed development is satisfactory and to help assimilate the development into its surroundings.

    14 The hedge located on the south and east boundaries of the application site

    shall be retained and maintained at a height no lower than 3 metres. Any part of the hedge removed, dying, being severely damaged or becoming seriously diseased shall be replaced, with hedge plants of such size and species as previously agreed in writing by the local planning authority, within one year of the date of any such loss. REASON: The hedge is an important feature in the area and its retention is necessary to help screen the new development and prevent undue overlooking of adjoining dwellings.

    15 Development shall not begin until a surface water drainage scheme for the

    site, based on sustainable drainage principles and an assessment of the hydrological and hydro geological context of the development, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed. The scheme to be submitted shall demonstrate : * The utilisation of holding sustainable drainage techniques; * The limitation of surface water run-off to the equivalent Greenfield run-off rate; * The ability to accommodate surface water run-off on-site up to the critical 1 in 100 year event plus an appropriate allowance for climate change, based upon the submission of drainage calculations; and * Responsibility for future maintenance of drainage features. REASON: To prevent the increase risk of flooding, to improve and protect water quality, to improve habitat and amenity and to ensure the future maintenance of the sustainable drainage structures.

    16 No development, including site works, shall begin on site until such time as

    full details of the way in which foul sewage and surface water are to be disposed of from the site have been submitted to and agreed in writing by the local planning authority. REASON: To make sure that the site can be drained in a satisfactory way.

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    The following advice notes will be attached to a decision

    1 The decision has been reached taking into account paragraphs 186-187 of the National Planning Policy Framework and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2010 (as amended).

    2 The Local Planning Authority acted pro-actively through positive engagement

    with the applicant during the determination process. This led to improvements to the scheme to secure a sustainable form of development in line with the requirements of the National Planning Policy Framework (paragraphs 186 and 187) and in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2010 (as amended).

    3 Planning permission has been granted for this development because the

    Council has determined that, although representations have been received against the proposal, it is generally in accord with the terms of the above-mentioned policies and, otherwise, no harm would arise such as to warrant the refusal of planning permission.

    4 Attention is drawn to the requirements and advice of the Environment Agency

    contained in the attached copy letter.

    5 This decision notice includes a condition or conditions which require something to be done before any work starts on site. Unless such conditions are fully complied with, the development carried out may be unlawful and could be the subject of enforcement action. Anyone implementing this permission should pay special attention to such conditions and make sure that there is full compliance with their requirements before any development starts on site.

    6 This planning permission does not allow you to carry out access alterations

    in the highway . Before any such work can begin, separate permits of agreements will be required under the Highways Act 1980 from either the Adoptions team (for 'major' accesses) or the Highways Manager.

    7 C.B.R. tests shall be taken and submitted to the County Councils Area

    Manager prior to the development commencing in order to ascertain road construction requirements. No work shall commence on site without the prior notice being given to the Highways Manager.

    8 You may have a duty to register the water-retaining structure with the County

    Council as the proposed development may be subject to the provisions of the Reservoirs Act 1975 and should contact the County Solicitor for guidance/advice.

    9 You will be required to enter into a suitable legal Agreement with the

    Highway Authority for the off-site highway works before development commences and detailed plans shall be submitted and approved in writing by the Highway Authority. The Agreement must be signed and all fees paid and

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    surety set in place before the highway works are commenced.

    10 Notwithstanding the details submitted, the proposed junction alterations with Loughborough Road should include a reduction in the junction radii, in order to aid pedestrian movements across the junction. Also in order to aid pedestrian movements to and from the bus stop on the opposite side of Loughborough Road, the existing pedestrian crossing point should be improved to provide dropped kerb crossings. Also footway facilities and crossing points should be provided on Lodge End at the proposed access point into the site in accordance with details that shall be submitted and approved.

    11 Any street furniture or lining that requires relocation or alteration shall be

    carried out entirely at the expense of the applicant, who shall first obtain the separate consent of the Highway Authority.

    12 If the roads within the proposed development are to be adopted by the

    Highway Authority, the Developer will be required to enter into an agreement under Section 38 of the Highways Act 1980 for the adoption of the roads. Detailed plans will need to be submitted and approved, the agreement signed and all sureties and fees paid prior to the commencement of development. If an Agreement is not in place when the development is to be commenced, the Highway Authority will serve APC's in respect of all plots served by all the roads within the development in accordance with Section 219 of the Highways Act 1980. Payment of the charge MUST be made before building commences.

    13 All highway related structures, must be designed and constructed in

    accordance with the current relevant Highways Agency standards, codes of practice and technical memoranda. The design will be subject to the technical-approval procedure set out in BD 2/12 "Technical Approval of Highway Structures" which is part of the 'Design Manual for Roads and Bridges' that can be found on www.standardsforhighways.co.uk. You must employ a chartered civil or structural engineer with experience in highway structures and approved by the County Council to carry out the design and oversee construction. You should start this approval process at an early stage to avoid delays in completing the Section 38 road adoption agreement, which may delay site works.

    14 Highway related structures will normally include bridges, retaining walls,

    reinforced soil and anchored earth structures, environmental barriers (including noise barriers and fencing) and all drains, piped and box culverts, sewers and drainage structures, other than bridges, that have a diameter or clear span of more than 900mm. There should be discussion at an early stage to agree which structures we are to adopt. You will have to pay the additional design checking and inspection fees for any highway structure. You must also pay a commuted sum for future maintenance of any highway structure to be adopted.

    15 If you intend to provide temporary directional signing to your proposed

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    development, you must ensure that prior approval is obtained from the County Council's Highway Manager for the size, design and location of any sign in the highway. It is likely that any sign erected in the Highway without prior approval will be removed. Before you draw up a scheme, the Highway Managers’ staff (tel: 0116 3050001) will be happy to give informal advice concerning the number of signs and the locations where they are likely to be acceptable. This will reduce the amount of your abortive sign design work.

    16 To accord to Highway Authority standards, car parking spaces should have

    minimum dimensions of 2.4 metres in width and 5.5 metres in length. Where bounded by walls, fences, vegetation or other similar obstruction, a minimum additional 0.5 metre clear margin will be required to allow full access to and from all car doors (including the boot). For a garage to count as a parking space, it must have minimum internal dimensions of 3 metres width and 6 metres length.

    17 Please be aware that Leicestershire County Council as Lead Local Flood

    Authority (LLFA) are currently not a statutory consultee to the planning process for drainage matters. When Schedule 3 of the Flood and Water Management Act 2010 is implemented Leicestershire County Council will become the SuDs Approval Body (SAB) and also a statutory consultee of the planning process. You will need to contact Leicestershire County Council if you have an aspiration for us to adopt any SuDs features associated with the development. Please e-mail [email protected] if you wish to discuss further.

    18 Separate consent under Section 23 of The Land Drainage Act 1991 will be

    required from Leicestershire County Council as the Lead Local Flood Authority for the proposed culvert. Forms can be downloaded from the County Councils website, and there is a £50 administration fee in connection with the approval. For further information and guidance please go to the following website: - http://www.leics.gov.uk/watercourse.htm

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    This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her

    Majesty’s Stationery Office, © Crown Copyright. Licence No: 100023558

    This copy has been produced specifically for Council purposes only. No further copies may be made.

    Application No: P/14/0242/2 Location: Land off Lodge End, Loughborough Road, Woodthorpe,

    Loughborough Leicestershire Scale: 1:5000

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