84

Item No. 3 Application Reference Number P/13/2340/2 Application Type: Outline Date Valid: 27/11/2013 Applicant: Mrs A Green Proposal: Site for the erection of up to 70 dwellings. (Outline Application) Location: Land off Cropston Road, Anstey, Leicestershire Parish: Anstey Ward: Anstey Case Officer:

Mike Smith Tel No: 01509 634761

Description of the Application The application site is located on the northern edge of Anstey immediately bordering the current extent of built development on the east side of Cropston Road. The total site area is approximately 4.42ha in area, of which the developable area would extend to approximately 2.7ha. The land currently comprises of a single agricultural field with intermittent hedgerows and trees on all four boundaries including on the road frontage to Cropston Road. To the south of the site and on the opposite side of Cropston Road are the current limits of the developed area of housing in Anstey. The neighbouring properties comprise of mainly two storey dwellings but with some single storey bungalows, although within the wider area there is a mix of property types and sizes. The application site is located immediately outside and adjacent to the current Limits to Development for Anstey and lies in an area identified as Green Wedge. The Proposal The application is for outline planning permission for up to 70 dwellings. Approval of the access is sought at this stage. The proposed scheme includes a mix of housing including the provision of 30% affordable properties. The specific types of property would be the subject of further detailed consideration at Reserved Matters stage should outline planning permission be granted. The site would be accessed via a new priority junction from Cropston Road, the access is proposed to be constructed to adoptable standards offering appropriate visibility in accordance with the speed of traffic on Cropston Road. In addition to housing, the illustrative masterplan includes proposals for the provision of:

a Local Equipped Play Area;

proposed public open space including habitat creation;

woodland planting and a sustainable drainage attenuation pond with associated wetland habitat; and

public access to the land within the wider land ownership, with way-marked trails and biodiversity enhancements and a possible footbridge link over Rothley Brook to Castle Hill County Park.

85

The application is accompanied by the following documents:

Transport Assessment Report (November 2013) prepared by WSP. The report reviewed the existing local highway network, the proposed site access, trip generations, traffic distribution, sustainability and highway safety and the impact of traffic from the development. It concluded that the site is well-located to promote alternative sustainable modes of travel other than the private car and is within easy walking distance of local transport provision and local facilities. The report considered the impact on the local highway network and local junctions, in particular Bradgate Road/Leicester Road (The Nook). Whilst it concludes that the impact of the development overall will have a negligible impact on the junctions, it identified that the existing operation of the crossings helps to create queues on the approach roads. It is therefore proposed that contributions are provided to upgrade the existing crossings to assist with traffic movements.

Following consultation with the Highway Authority, additional work has been

undertaken to assess the impact of the development on the surrounding highway network.

Archaeological Desk Based Assessment (September 2013) prepared by University of Leicester Archaeological Services. This concludes that there is moderate potential for prehistoric and Roman remains to be discovered. The potential for medieval and post-medieval remains is low but these are likely to be more intact, given the agricultural and undeveloped nature of the land.

Ecological Appraisal (August 2013) prepared by Ecolocation. This report reviews the potential ecological implications for flora and fauna arising from the development of the land, and sets out recommendations and/or mitigation measures. The report concludes that the residential development will lie wholly in the least ecologically valuable part of the site, with the more ecologically valuable habitats of the semi-improved grassland and brook to be retained as a ‘green wedge’ therefore retaining existing habitats.

Landscape and Visual Appraisal (November 2013) prepared by Iain Reid Landscape Planning Ltd. The report provides a landscape and visual appraisal of the proposed development and concludes that the overall effect on landscape character and vegetation would be slight. The principal visual effect will be changed views from adjacent roads and from within Castle Hill Country Park to the east. Development will be visible from the southern section of Cropston Road west of the site, and from the western section of Anstey Lane north of the site. Although the impression of the northern edge of Anstey will change, the incorporation within the development of new planting to the north and western site boundaries will improve the character and appearance of the settlements northern edge. From public and informal footpaths and open areas within Castle Hill Country Park, the effect on views would be more substantial and significant; however, new planting in the eastern part of the site would reduce the visual effect of the built development and enhance the character of the Rothley Brook corridor.

86

Consultation Report (November 2013) prepared by Marrons Planning. This report sets out details of the public engagement which was undertaken prior to the submission of the formal application and contains an explanation as to how the scheme was modified.

Flood Risk Assessment (November 2013) prepared by EWE Associates Ltd. The report concludes that all buildings are outside the 1:1,000 flood envelope thereby ensuring that the development is within Flood Zone 1; Low Risk. As such the flood storage volume and conveyance of the Rothley Brook will not be affected by the proposed development. The use of Sustainable Drainage techniques and the provision of a hydro brake to restrict flows from the site will reduce run-off from the development into the Rothley Brook during higher return periods.

Planning Statement (November 2013) prepared by Marrons Planning. This sets out how the developer considers the scheme is acceptable and meets national and local policies. The document also sets out the proposed heads of terms for a Section 106 agreement.

Design and Access Statement (November 2013) prepared by Marrons Planning. This document examines the character and structure of the development proposals in terms of the local context and sets out design constraints which led to the evolvement of the submitted designs.

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.

87

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 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.

88

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. RT/12 - Structural Open Space Provision in New Development - This policy sets out a requirement for the provision of the above to ensure that development is compatible in the wider landscape. Other Policies National Planning Policy Framework 2012 (NPPF) 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 (Para 2). 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

89

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 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

90

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; and

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

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).

Paragraph 118 sets out the principles when determining planning applications for which development which has an impact on biodiversity. Paragraph 121 deals with ground conditions and environmental pollution, requiring that planning policies and decisions ensure that the site is suitable for its new use taking account of ground conditions and land instability and paragraph 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 says 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 or specific policies in the Framework indicate that development should be restricted. In assessing and determining development proposals, local planning authorities should apply the presumption in favour of sustainable development (Para 197).

91

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 (Para 49). Planning Practice Guidance This document provides additional guidance to ensure the effective implementation of the planning policy set out in the National Planning Policy Framework. Section 8 encourages the promotion of healthy communities. It advises planning decisions should aim to deliver safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion (Para 69). Charnwood’s Supplementary Planning Documents Leading in Design Supplementary Planning Document February 2006 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.

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

92

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 a reason for granting planning permission, 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 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. Emerging Local Plan Core Strategy The Charnwood Local Plan Core Strategy has been submitted to the Secretary of State and is currently the subject of an examination. Whilst it is not yet part of the Development Plan for Charnwood it sets out the most up to date expression of Council policy, having been approved for submission by the Council following widespread consultation. Decision takers may give weight to relevant policies in the Core Strategy depending on the extent and significance of unresolved objections to a particular policy and the degree of consistency with the NPPF. Policy CS1 - Development Strategy sets out the development strategy for both the Leicester PUA (Principal Urban Area) and Loughborough/Shepshed and identifies sustainable urban extensions and directions of growth to meet the need for growth. The policy also makes provision for up to 6ha of employment land adjoining Loughborough/Shepshed and houses and employment within and adjoining Service Centres, with the majority of the need for homes having been provided through recent permissions. A small amount of housing is to be provided within smaller settlements. Development in very small villages and hamlets will only be approved where it meets specific local social or economic need identified by the community in an appropriate plan. Policy CS2 - High Quality Design requires developments to make a positive contribution to Charnwood, reinforcing a sense of place. Development should respect and enhance the character of the area, having regard to scale, massing, height, landscape, layout, materials and access; protect the amenity of people who live or work nearby, provide attractive well managed public and private spaces; well defined and legible streets and spaces and reduce their impact on climate change. Policy CS3 - Strategic Housing Needs sets out affordable housing requirements and an appropriate mix of types, tenures and sizes of home. For developments in Anstey ,there is a target of 30% on sites of 10 dwellings or more.

93

Policy CS 11 - Landscape and Countryside provides support and protection for the character of Charnwood’s landscape and countryside. New development should reinforce sense of place and local distinctiveness by taking account of landscape character assessments and should maintain separate identities of our towns and villages. Rural economic development will be supported where there are strong relationships with operational requirements of appropriate rural businesses. Rural local need housing will be supported along with community services and facilities that meet proven local need identified by the community in an appropriate plan. Policy CS12 - Green Infrastructure protects and enhances green infrastructure assets including addressing the identified needs in open space provision. Policy CS13 - Biodiversity and Geodiversity supports development that protects biodiversity and geodiversity, requiring development to take account of the impacts particularly with regard to important sites. Development which results in the loss of these features will only be supported in exceptional circumstances where benefits clearly outweigh harm. Adequate mitigation or, as a last resort, compensation will be required where there are impacts. Policy CS15 - Open Spaces Sports and Recreation requires new development to meet the standards set out in our Open Space Strategy and to provide for long term management and investment plans for existing and new facilities. Policy CS16 - Sustainable Construction and Energy encourages sustainable design and construction including measures that reduce the need for energy and secure residual need for energy through low carbon or renewable sources to exceed Building Regulations for carbon emissions. Design and Access Statements for major developments are required to demonstrate how the need to reduce emissions has influenced the design, layout and energy source used. The policy directs development to locations within the Borough at the lowest risk of flooding by applying the Sequential Test and, if necessary, the Exceptions Test. Developments that take the opportunity to reduce flood risk elsewhere are supported and there is also a requirement to manage surface water run off so there is no net increase from that for Greenfield sites. The policy supports development which protects environmental resources including local air quality and the most versatile agricultural land. Policy CS17 - Sustainable Transport seeks a 6% shift from travel by private car to sustainable modes by requiring major developments to provide access to key facilities by safe and well lit routes for walking and cycling that are integrated with the wider green infrastructure network and by securing new and enhanced bus services where new development is more than 400m walk from an existing bus stop. Other Material Considerations Affordable Housing Both the Borough of Charnwood Local Plan and the Affordable Housing SPD (2005) were prepared to reflect Government Guidance of that time. The NPPF no longer sets a national threshold and this part of the SPD no longer carries any significant weight. In the absence of an up to date statutory development plan policy to guide

94

the amount of affordable housing provision for sites any relevant other material considerations must be taken into account. Appropriate material considerations include the two evidence studies (listed below) and the Charnwood Local Plan Core Strategy Policy CS3: Strategic Housing Needs. Policy CS3 is, in effect, an expression of the evidence base and it is the evidence base that is a material consideration. Relevant evidence is set out in:

Affordable Housing Economic Viability Assessment (2010)

Leicester and Leicestershire Strategic Housing Market Assessment (2008 about to be replaced by 2014)

Taken together, these material considerations point towards requests being made for affordable housing on sites of 10 or more dwellings in most areas and 5 or more dwellings in more rural settlements, requesting between 20-40% affordable housing depending on the location of the site and requesting a 80/20 split between social/affordable rent and intermediate housing (as set out in Policy CS3 of the emerging Core Strategy). 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. Relevant Planning History None. Responses of Statutory Consultees Leicestershire Highway Authority Further to the highway observations dated 7th March 2014, the applicants consulting engineers (WSP) have since submitted traffic modelling of The Nook roundabout. The modelling has been produced using VISSIM, a dynamic model which simulates the existing traffic situation and takes into account existing traffic flows, existing queuing, car parking demand, the operation of the pedestrian crossings and the bus stops. Due to the costs of the data gathering exercise and building of the model, only the PM peak hour was modelled as it was considered to present the worst case scenario. The model has been calibrated against observed turning flows and observed queue lengths. The applicant’s highways consultants state that the modelling shows that the modelled queues are generally of a similar length to the observed queue lengths and that the model replicates the observed queue conditions well. VISSIM MODELLING RESULTS – THE NOOK JUNCTION (i) Base (existing situation) 2013 The average queue on the Leicester Road arm is 32 vehicles with an average overall junction delay of 28.2 second per vehicle. The modelling shows that the bus stops

95

on the exit from the junction (Leicester Road and Cropston Road) and the pedestrian crossing are key issues. (ii) Base (proposed situation) 2019 including other committed developments The average queue on Leicester Road is 91 vehicles with an average delay of 51.4 seconds per vehicle which is an additional 23 seconds per vehicle compared to the base flows. (iii) Proposed base – 2019 including committed development plus Cropston Road development. The average queue on Leicester Road increases to 101 with the addition of development and the average delay per vehicle increases to 56.4 seconds. WSP state that the overall impact is negligible with an additional delay to vehicles of 5 seconds through the PM peak period and go on to say that the proposed development will not have a ‘severe’ impact Potential Improvements In addition to upgrading the existing pedestrian crossings to Puffin crossings as originally proposed by the applicants, WSP in their report propose re-location of the bus stops onto the approach road rather than the exits (which will require an additional bus stop on Stadon Road). Modelling has been undertaken with this scenario to show the performance of the proposed improvements. The results show a potential reduction in queuing and delay. However, it is the Highway Authority’s view that further mitigation is still required. The potential re-location of bus stops is not initially supported by the passenger transport unit. In any case, any such proposal would be subject to the usual site assessment and consultation procedure and therefore re-location is not guaranteed. The County Highway Authority is concerned about the impact of the development on The Nook. As a result WSP in their report have also looked at a solution for the Nook junction and have assessed the potential for a double mini roundabout. WSP state that whilst this arrangement would result in fewer off street parking spaces being available, the provision of double mini roundabouts would provide a significant reduction to the delay of traffic. A sketch of these alterations has been submitted although it is only put forward as a solution and not an offer from the developer to provide the scheme. The scheme would mean removing the existing central island and a re-configuration of the existing parking arrangements. The County Highway Authority have commented that whilst theoretically possible there are detailed design and consultation issues and any such scheme would require further detailed work before being considered seriously. Recent discussions have also taken place on the partial signalisation of the Nook as an alternative option as this is a proposal put forward by the applicants of the Fairhaven Farm site (reference 2014/0428/02) which is currently also under consideration. Detailed modelling of that scheme is awaited from the applicants and this solution remains a possibility.

96

Ideally, the County Highway Authority would like the applicants to work alongside the Fairhaven Farm site applicants to find a solution to The Nook junction, although the highway consultants have shared the VISSIM base model with the consulting highways engineers who are acting for the applicants of the Fairhaven Farm site. As a result of this further work, however, the Highway Authority believe that a scheme to deal with the traffic implications of development is reasonably achievable and they would, therefore, be agreeable to a Grampian style condition being included on any grant of permission. The condition would require the applicants to submit details of a scheme of improvement works at The Nook junction to mitigate the impact of development traffic. The Highway Authority has confirmed that subject to a condition being included requiring that a suitable scheme of highway improvements works at The Nook junction is agreed in order to mitigate the impact of the development, it withdraws its objection to the application. Arrangements The proposed access, as illustrated on WSP drawing numbered 0647-GA-01 Revision C, is acceptable. S106 Contributions for Public Transport To comply with Government guidance in NPPF contributions would be required in the interests of encouraging sustainable travel to and from the site, achieving modal shift targets, and reducing car use. Highways Agency Has no objection to the proposals. The Environment Agency The red line application boundary is situated outside areas of flood risk, leading to the provision of a buffer to the Rothley Brook. The proposed development will be acceptable if planning conditions are included that:

require the submission and agreement of details of a surface water drainage scheme incorporating sustainable drainage techniques;

limit surface water run-off to equivalent greenfield run off rates;

accommodate surface water run-off on site including an appropriate allowance for climate change and responsibility for future maintenance of drainage features; and

set floor levels 150mm above existing ground levels. Anstey Parish Council The Parish Council objects stating that:

the proposal is in an area designated as an area of separation and outside the Limits to Development therefore contrary to Policies of the Local Plan;

97

the proposals is unsustainable in terms of the lack of local amenities, distance from the village centre and other amenities and public transport links;

the access location is on a part of Cropston Road having existing speed problems and the proposed junction design has raised concerns;

the traffic impact assessment is based on out of date information;

the Core Strategy identifies Anstey as one of 7 service centres. As developments have been approved in excess of 200 in almost all of the Service centres, this proposal does not represent an appropriate and sustainable scheme;

the scheme does not protect the landscape and countryside;

the site is clearly visible from outside the village and is on the edge of the Charnwood Forest Landscape Character Area;

the site is some distance to access bus services;

additional traffic generated by the development will cause further congestion in the centre of the village;

the electricity pylons on the site would create a health hazard; and

Rothley Brook is susceptible to flooding and there is potential danger to children playing near the brook.

National Grid A holding objection was initially lodged as the proposals are in close proximity to a High Voltage Transmission Overhead Line. This was to ensure that deeds of easement and wayleave agreements were not adversely affected by the proposals. In addition it sought to ensure that statutory electrical safety clearances could be maintained. Following discussions with the applicants this holding objection has been withdrawn. NHS Primary Care The development could result in an increased patient population of 170. The proposed site is within the practice boundary of the Anstey GP Surgery located at 21a The Nook. NHS England is therefore requesting a capital contribution of £27,655.20 from the developer towards providing additional capacity for additional consultations arising from the increased population. Charnwood Housing Strategy and Support Manager The application includes provision for 30% affordable housing. The range and mix of units should broadly reflect the size and types of dwellings on the site. Charnwood Environmental Services Recommends that a LEAP with a minimum 30 metre buffer zone to the nearest property be provided and the site should include facilities for young people. Charnwood Senior Ecologist

98

The Ecological Appraisal submitted with the application has not acknowledged that Rothley Brook has been notified as a Local Wildlife Site. It is recommended that the proposed 5 metre buffer zone along the brook should be measured from the edge of the 6 metre riparian zone i.e. 11 metres from the top of the bank to afford protection to the brooks ecosystem. The applicants design vision to deliver new habitat creation is chiefly proposed on the land within the blue line. There should therefore be adequate safeguards to ensure that these enhancements will be delivered by a Section 106 Agreement and a suitably worded planning condition. There were some concerns about hedgerows being integrated into back gardens along the northern boundary and future inappropriate management, and the impact of the brook corridor during the construction stage however the revised proposals have sought to address these issues. The design of the flood attenuation pond should maximise its value for bio-diversity, and there should not be any lighting of the footpath and bridge in the blue land. Subject to the inclusion of appropriate conditions there is no objection to the application. Other comments received A total of 490 letters of objection and 41comments have been received in response to the initial consultation exercise on the application and subsequent re-consultation on the amended proposals. In addition in response to the re-consultation following the submission of additional highway information and revised Highway Authority comments a further 295 letters of objection have been received. The main concerns can be summarised as:

i) there is no more room for housing in Anstey ii) there is a lack of space in schools, doctor’s surgeries, dentists and

community facilities iii) the road network is very busy at peak times and the proposal would

exacerbate the existing problems on local road junctions, in particular The Nook

iv) the proposal is not in conformity with the adopted local plan v) the land is not identified for housing in the emerging local plan vi) the site does not perform well against sustainability criteria, given its

distance from the town centre vii) there would be an adverse impact on the character and appearance of the

village and surrounding area viii) the development would have a negative impact on the Green Wedge &

would cause loss of settlement identity ix) the site and the surrounding area are subject to existing flooding problems

which will only be exacerbated by additional development x) the development is not needed

99

xi) the development is high-density and out of character with the area xii) the impact on wildlife would be permanent xiii) there would be adverse impact on wellbeing through increased carbon

emissions & proximity to a pylon xiv) there would be an adverse impact on the amenities of adjacent residents xv) the proximity of the proposed access to the existing junction and lack of

crossings would be a danger to pedestrians and cyclists xvi) additional light pollution xvii) any proposals for alterations to The Nook are unacceptable

Councillor Snartt has also submitted objections to the proposals:

(i) The site is outside the limits of development of Anstey. The development would therefore be in conflict with the National Planning Policy Framework and policies ST/2 and H/16 of the Local Plan.

(ii) The development would be unsustainable in that cars would be the main mode of transport and there is only an hourly bus service operating outside the site.

(iii) The highway is at full capacity and together with previously approved schemes which have not included any major infrastructure improvements will cause major congestion and delays.

(iv) It is considered that the scheme would not fit with the Core Strategy which is progressing through its final stages and which should start to have weight.

Consideration of the Planning Issues The main considerations in the determination of this planning application are:

The principle of the development and the 5 year housing land supply situation;

The sustainability of the development;

Impact on the infrastructure of Anstey;

The impact on the character of the open countryside and landscape impact arising from development in the Green Wedge;

Design and Layout;

Impact on the amenities of neighbours ;

Impact on ecology; and

Impact on the highway and on the surrounding highways network. The Principle of the development and the 5 year housing supply 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). 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

100

previously been acknowledged by the Council and been confirmed in a number of recent appeal decisions. The Framework’s presumption in favour of sustainable development (paragraph 14) 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; (i) 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.

Housing Land Supply The Council acknowledges that it 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 May 2014.

Charnwood Borough Housing Supply Estimate as at 31st May 2014

Charnwood Total

a Charnwood Pre-Submission Draft Core Strategy

Housing Requirement (2006-2028)

17380 790per annum

b Completions (2006 to 31st May2014) 5,692

c Residual Requirement 2014-2028 (a – b). (11,.768 \ 14 years = 835)

11,688 835 per annum

d Requirement for 5 years 2014-2019, (5x 835).

4,175

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

5,010

f Expected supply of deliverable sites (planning permissions likely to be built June 2014 -2019) 4,156

g Surplus over requirement (e -f) -854

h Number of years supply (f divided by 1002 (e divided by 5)).

4.15 years

101

The table above shows that, taking account of completions, commitments and sites available, the number of homes required to provide for a five year housing supply plus an additional 20% is 5,010. The Council’s assessment of land availability shows that the amount of land available at 31st May 2014 would provide for 4,156 within the next five years, a deficit of 854 homes. 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. Although it is recognised that the Borough Council’s emerging Core Strategy is now under examination, its policies relating to development strategy and the allocation of housing (Policy CS1) still has limited weight due to the level of opposition received regarding this policy. Given, the lack of a 5 year supply of housing land across the Borough and the delay there will be before a core strategy and allocations development plan document is adopted, it is considered that the principle of housing development on this site should be supported in accordance with the guidance contained within The Framework, unless any adverse impacts would significantly and demonstrably outweigh the benefits of providing the required housing or where specific policies in the Framework indicate that development should be restricted. This site is located outside although immediately adjacent to the Limits to Development of Anstey as defined on the Charnwood Local Plan 1991-2006 and is therefore within a countryside location and would ordinarily not be considered an acceptable site for residential development. However, Members of the Plans Committee need to be mindful of a number of issues including: Recent planning approvals and local appeal decisions have established the principle of releasing suitable sites for residential development in similar locations notwithstanding the level of housing development already approved and granted planning permission. This is on account of the Borough Council’s acknowledged position with regards to its delivery of housing and the accepted shortfall in the required 5 year housing land supply. In addition the principle of developing countryside land around Anstey has previously been accepted in the granting of planning permission for 165 dwellings off Groby Lane in 2012 (under reference P/11/0149/2, which is now under construction), a further permission for 35 dwellings on land adjacent to the site now being developed (Ref P/13/1519/2) and 57 dwellings on land off Gynsill Lane.

A considerable number of the objections received have referred to the Core Strategy and the weight that should be attached to it, in particular in respect of the housing strategy proposed for Anstey and other Service Centres. 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.

102

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 only carry very little weight.

Sustainable Location Many of the objections have raised the location of the site on the edge of the village some 1.1km from the village centre as an indication of its lack of sustainability. The Framework however advises that there are three dimensions to sustainable development and that this is not just a function of its distance from the settlement and facilities, but includes:

Economic – contributing to building a strong, responsive and competitive economy, by ensuring that sufficient land of the right type is available in the right places and at the right time to support growth and innovation; any by identifying and coordinating development requirements, including the provision of infrastructure;

Social – 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 environment, with accessible local services that reflects the community’s needs and support its health, social and cultural well-being; and

Environmental – contributing to protecting and enhancing our natural, built and historic environment; and as part of this, helping to improve bio-diversity, use natural resources prudently, minimise waste and pollution, and mitigate and adapt to climate change including moving to a low carbon economy.

Anstey is identified as a ‘Service Centre’ in the Council’s Settlement hierarchy with almost all services and facilities being present, and is also assessed as having reasonable accessibility by public transport. The site is located within 150 metres of bus stops on Cropston Road which provides an hourly service between Leicester and Loughborough as well being within 500m of bus stops on Cropston Road and Link Road which provides further access to a 15 minute bus service that links Anstey to Leicester. The site is considered to be within reasonable walking distance of the centre of Anstey and other local facilities including schools and a small parade of retail units on Link Road that are only a short distance from the site. In addition although some comments have suggested that the width of the public footpath along Cropston Road is narrow in places, it does provide a continuous link between the site and the village centre. Distance to services is only part of the judgement about sustainability, which must be a wider ranging assessment including the three dimensions set out above. Based on this and on the advice contained in national guidance and with reference to recent appeal decisions at Wymeswold and Rearsby, it is considered that Anstey is a sustainable location for new development. Impact on the infrastructure of Anstey Anstey's ability to cope with further development has also been raised as an issue. However, the Education Authority has confirmed it has no objection to the proposal

103

subject to a commuted sum being provided to meet the needs generated by the development and a libraries contribution is also considered necessary. Requests have also been received from the police authority recognising that there are capital projects to which the developer can contribute in order to offset the projected needs of new residents and the health authority in respect of the existing medical facilities and the impact that this development would have. Subject to these contributions being secured by way of a Section 106 Agreement, it is considered that the proposal would not lead to an unacceptable impact on social infrastructure in the area and there is no overriding evidence that the facilities and services within the area are not able to cope with further housing. Developer Contributions Requests have been made to secure improvements to existing community infrastructure from the relevant consultation bodies. These requests have to be tested against the Community Infrastructure Levy (CIL) Regulations 2010. The proposal will have an impact on the infrastructure of Queniborough and Syston in several areas. Policy ST/3 of the Borough of Charnwood Local Plan provides for opportunities to secure improvements to infrastructure where there are deficiencies identified by consultees. This is supported by the Council’s SPD Section 106 Contributions. The contributions requested are assessed below: Leicestershire County Council (Libraries) - £3,800 The proposal would be likely to result in an additional demand placed on existing library services. The proposed development would lead to approximately 100 plus users and 240 additional items being required. The proposed request is for £3,800 (£27.18 x per 1 bed dwelling, £54.35 x per 2 bed dwelling and £63.41 x per 3+ bed dwelling). This contribution would be spent at Anstey Library on Paper Mill Close which is within 1.2km from the site. It is considered that this request is in scale and necessary to make the development acceptable based on meeting the identified needs of future occupiers of the development. This money would be spent within 5 years of the development commencing. It is considered that the proposed request complies with the requirements of the CIL Regulations 2010. NHS England - £27,655.20 NHS England is requesting a capital contribution from the developer to enable the Anstey Surgery at 21a The Nook to refurbish two consulting rooms to ageneric clinic room. This will allow a greater range of services to be delivered and thereby increase the capacity of the surgery to deal with the additional population. This contribution would be spent on extending the waiting area within 5 years of the money being recived. It is considered that the proposed request complies with the requirements of the CIL Regulations 2010 given it is an identified need, well related to the development and a there is a specific project identified. It is recognised that cost are only estimates at this time, all be it from a quantified surveyor, as such the contributions will be paid to the Borough Council and realised of details of the extension and appropriate evidence to ensure the final scheme is CIL compliant. Leicestershire Police - Contributions have been requested at £28,910 Leicestershire Constabulary has stated that the development would be likely to result in an increased demand for their services. They have identified several areas where

104

the proposal is likely to result in the need for policing services. The Council identified within its Section 106 Contributions SPD 2007 that some contributions for Policing could be justified. Within that document it allows for contributions to new Police Stations, or extensions to new stations. Normally only capital costs could be secured. Since then, many applications have been dealt with in the Borough, and Police contributions have not normally been accepted due to the requests being unspecific and generally not directly related to the needs of the development and therefore, failing to comply with the requirements of the CIL Regulations 2010. It is not possible to conclude whether the sum requested for new premises is fairly and reasonably related to the development. Growth of the area should also be accommodated from funding streams within the Police Grant Formula and it is not possible to see how this has been reflected when calculating the request. Similarly, the Police will receive additional revenue from Council Tax and commercial developments within the proposal. However, Police Services are constrained in their capital spending and it maybe unrealistic to expect all new policing requirements to be provided for by these funding streams. Notwithstanding the above, Planning Inspectors, and the Secretary of State, have also taken the view that Police contributions, including more than just the capital costs of building directly related to the demands of a development, can be considered CIL compliant. Paragraphs 58 and 69 of the NPPF state that decisions should aim to ensure that developments create safe and accessible environments where crime or disorder and the fear of crime do not undermine the quality of life or community cohesion. Many of these appeal cases have been where Unilateral Undertakings were put forward and the Inspector and Secretary of State has accepted their inclusion. Each case needs however needs to be addressed on its merits. A summary of our consideration into the Policing request are summarised below; The largest Police request is for premises and associated start up costs at £23,894 (premises £20,955 and start up equipment £2939). It is reasonable to consider where development would have an impact on policing and would result in the need to expand existing stations to meet with this identified need that this capital expenditure would in principle be CIL compliant. Having said this it is recognised the request for the premises extensions at Enderby, Syston and Loughborough are not costed or detailed. On this occasion it is however considered reasonable to conclude that the Police request for a premises and the related start up equipment are justified and meets the test set out in the CIL Regulations 2010 as amended. As with the Health contributions, although the request is reasonable and compliant with the CIL Regulations 2010 in principle, full details of the proposed extensions and start up equipment will need to be provided before the Borough Council releases the contributions which will have previously been paid to the Borough Council by the developer. The agreement will require that the Council (or other parties) should use the contributions only for the purposes which they have been paid. The Council will be the responsible authority and should be able to be relied upon to manage contributions appropriately on receipt of a detailed scheme with appropriate evidence that the final extension and expenditure will be CIL compliant.

105

With regard to the request for police vehicles, the development would be located on the edge of Anstey which is served from Loughborough and Neighbourhood policing is delivered from Syston. It is reasonable to expect that the development would be serviced by Police vehicles. However, in this instance the request for £1973 to buy new vehicles are not adequately or directly linked to the development, and are just as likely to serve any other part of the area. It is not considered that this request would comply with the CIL Regulations 2010. With regard to control room telephony, the development would result in an increase in calls to the system at Enderby. Based on future growth within Charnwood, it is likely that additional telephony, workstations and monitoring screens maybe required to handle requests created by residents and businesses within the development. However, it considered that this request of £215 is not sufficiently costed in relation to the direct needs of the development, and therefore it is not considered that the request is CIL compliant, although the Police will possibly need to consider how to deal with any increased demands on their control room telephony system to ensure that there are no handling delays on calls. With regard to ANPR CCTV deployment, no specific details as to where the CCTV camera would contribute to would be sited, if its location would relate to this application or help to meet the demand generated by this development. The request for £2055 talks about its location being on main road network and close to or in the settlement. It is not considered these details are well related enough to the development to justify its compliance with the CIL Regulations 2010, on this occasion. With regard to the request for £375 for a mobile CCTV unit. it is considered that whilst this additional camera would be a useful addition to provision of CCTV in the Borough, by the nature of it being mobile, it would not necessarily be used wholly for the development and the amount seems excessive and not appropriately justified. It is therefore considered that this would not comply with the CIL Regulations. With regard to equipment for an access hub for the development, a request has been made for £140. The development in itself would not be large enough to create a demand for a hub and no location has been identified that would accommodate it. However, the police are delivering hubs to existing communities and given the relative distance of Anstey from Loughborough and Syston Police Stations it is likely that a hub would be provided in the Anstey Area. As with the Health contributions, although the request is therefore considered reasonable and compliant with the CIL Regulations 2010 in principle, full details of the proposed hub and start up equipment will need to be provided before the Borough Council releases the contributions which will have previously been paid to the Borough Council by the developer. The agreement requires that the Council (or other parties) should use the contributions only for the purposes which they have been paid. The Council will be the responsible authority and should be able to be relied upon to manage contributions appropriately on receipt of a detailed scheme with appropriate evidence that the final extension and expenditure will be CIL compliant.

106

With regard to radio cover/capacity the Police consider that additional systems and hardware will be needed to carry calls from the development at a cost of £157. It is similarly considered that this is not a reasonable request to comply with the CIL Regulations 2010. With regard to data base capacity, it is argued current system has reached capacity, however specific evidence of this is insufficient to demonstrate that a request of £101 for the additional servers would not be sufficiently or directly linked to the demand created by the development. It is not therefore considered to be CIL compliant. Leicestershire County Council Education - £335,893.15 The education authority has requested contributions of £82,273.27 which would be used to improve, remodel and enhance the existing facilities to provide additional capacity at Anstey Woolden Hill Primary School. £208,972.43 is requested to improve, remodel and enhance existing facilities at The Martin High School Academy to provide additional capacity. Finally £44,647.45 is requested for the improvement of facilities at Longslade Community College. The request is reasonable and compliant with the CIL Regulations 2010. Leicestershire County Council Highways – should planning permission be granted the following requirements have been requested in the interests of encouraging sustainable development:

Travel Packs; to inform new residents from first occupation what sustainable travel choices are in the surrounding area (can be supplied by LCC at £52.85 per pack);

6 month bus passes, two per dwelling (2 application forms to be included in Travel Packs and funded by the developer); 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 (can be supplied through LCC at (average) £350.00 per pass – NOTE it is very unlikely that a development will get 100% take-up of passes, 25% is considered to be a high take-up rate);

Improvements to 2 nearest bus stops (including raised and dropped kerbs to allow level access); to support modern bus fleets with low floor capabilities. At £3263.00 per stop;

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;

Bus shelters at 2 nearest bus stops; to provide high quality and attractive public transport facilities to encourage modal shift at £4,908.00 per shelter; and

Contribution towards equipping the nearest bus stop(s) with Real Time Information (RTI) signs; in order to provide a high quality and attractive public transport choice to encourage modal shift at a total of £3000.00.

It is considered that these are commensurate with the scale of the proposed development and directly related to it and therefore meet CIL requirements. Recreation - The development will result in the need to provide the adequate children’s play space and requisite facilities on site to meet the requirements of policies RT/3, including commuted sums for maintenance. In accordance with the

107

requirements of this policy and the SPD on S106 developer contributions is necessary for appropriate provision is to be provided on site and it is considered that these would be at least commensurate with the scale of development and therefore meet CIL requirements. Impact on the character of the open countryside and landscape impact The application proposes development on land which is currently used for agricultural purposes and is identified within the Local Plan as ‘Green Wedge’ being part of area providing a buffer between the built-up areas of Beaumont Leys/Glenfrith/Anstey and Groby. ‘Green Wedge’ designations do not provide a carte blanch protection from development as each proposal needs to be assessed in terms of the actual harm any development would cause to the function of such a designation i.e. its role in separating settlements, providing areas of recreation and as a ‘green lung’ for urban areas. The guiding principle of Green Wedge policy 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. Apart from protecting and enhancing these predominantly open areas it will also be important to improve access to them given their proximity to the main areas of population, and to secure landscape improvements. Green Wedge areas face continuing pressure to accommodate new development. The consideration of individual proposals will have regard to the cumulative impact of change in these areas and how it is affecting their overall character, appearance, and function. In a recent appeal decision at Rearsby Roses site, Melton Road, East Goscote, the Inspector, in allowing the appeal, considered that although the proposal would have a somewhat harmful effect on the purpose and integrity of an Area of Local Separation, the harm would be limited, and would not be sufficient to undermine its continuing planning function, or to cause the coalescence (or even near-coalescence) of East Goscote and Rearsby. The larger part of the separation area would be unaffected and would maintain adequate physical and visual separation between the villages. It is considered that this site represents a development of only a small part of the wider Green Wedge separating the built-up areas of Beaumont Leys/Glenfrith/Anstey and Groby. Whilst there would be some adverse impact on the character and appearance of the countryside and landscape when viewed from the surrounding area, the extent of development taking into account the additional landscaping proposed and the improved access to the countryside including the nearby Castle Hill Park, would not adversely affect the Green Wedge and sensitive nature of the landscape to the degree that it would impact on its important function of separating settlements and retaining their identity. Any harm caused would not be so significant in this case as to outweigh the benefits of providing housing land. Design and Layout This application is an outline application with all matters relating to the appearance, layout, landscaping and scale of the development reserved for future approval,

108

although consideration of the access is included for full approval. In seeking to establish the principle of development, however, a Design and Access Statement has been included in the application as well as an Illustrative masterplan which analyses the local and townscape character of the area and the design response and principles adopted by the scheme. The design concept would seek to create a series of neighbourhood character areas with varying densities of development depending on the location within the overall development and the scheme would include a mix of dwellings types and sizes. Whilst the proposals at this stage are in outline, following discussions with officers the indicative layout has been amended to establish a greater separation between the edge of the site and the development fronting onto Cropston Road. In addition and more importantly the extent of development on the northern edge of the site has been set back from the northern boundary hedge. This area is now proposed to incorporate a 10 metre landscaped buffer area containing grassed areas and trees with a footpath link and surface water drainage swales. In amending the layout in this way a strong landscaped area will be formed between the edge of the built development and the site boundary thereby ‘softening’ its edge when viewed from locations on the approaches to the village. This area is to be included as part of the proposed open space for the site. In addition to this and the other open space areas within the application site, the applicants have confirmed that the ‘blue land’ which lies between the edge of the application site and the Rothley Brook, and which is identified as public access and biodiversity land is to be offered for adoption by either the Parish or District Council or managed by means of a private management company for the benefit of the residents of Anstey. Finally, the applicants have agreed to retain an 11 metre ecological buffer zone along the whole length of the land bordering the Rothley Brook. Together these will form part of a package of measures designed to improve the bio-diversity of the site. It is considered that the application demonstrates that a development of up to 70 dwellings could be accommodated in a satisfactory manner and be capable of complying with the requirements of EV/1 and Section 7 of The Framework. Flooding Local concerns have been raised regarding flooding and the impact this development could have on local flooding problems in the future. Because of the size of the proposed development and its location the application was accompanied by a detailed Flood Risk Assessment (FRA) and a Sustainable Urban Drainage (SUDs) scheme. Having considered these and identifying that the site lies within Flood Zone 1 where national planning policy seeks to steer any new development, the Environment Agency has raised no objection to the proposal subject to full details of the drainage scheme for the site being submitted. Details of the drainage scheme for the site can be conditioned to ensure they meet the needs of all interested parties and any adopting body. It is considered that a subject to the inclusion of such conditions, the scheme is capable of development without adversely affecting areas of Anstey downstream of the site.

109

Impact on the amenity of neighbouring occupiers Impact on neighbouring residential amenity has been carefully considered. Those properties most directly affected lie on the eastern side of Cropston Road to the south of the site. These will, however, remain separated from the development site by a private drive and retained hedgerow, providing for sufficient spatial separation between existing and proposed dwellings. The development could be designed to accord with the intentions of saved policies EV/1 and H/16 of the Borough of Charnwood Local Plan and there is no evidence that the proposal would have a significant or demonstrably detrimental impact on the residential amenity of neighbouring residents sufficient to warrant the refusal of planning permission. Impact on Ecology The applicant submitted an Ecological Appraisal which identified the range of habitats present on the site and includes a series of recommendations, although this has not acknowledged that Rothley Brook has been notified as a Local Wildlife Site. As a result of discussions with the applicants the scheme has been revised to provide an 11 metre buffer between the top of the embankment of the Rothley Brook which will afford protection to the brooks ecosystem and deliver tangible bio-diversity gain. The applicants have also confirmed that this area of land (blue land) will be included as part of any Section 106 agreement and will from part of the area to be maintained by a management company for its bio-diversity value and the benefit of the residents of Anstey. The revised masterplan has also relocated the rear gardens of properties away from the northern hedgerow resolving concerns about the inappropriate management of this hedgerow and the potential pressure from any occupiers to remove part of the hedgerow and trees. Clarification of the nature and management of the additional public access and bio-diversity land has the added benefit of securing the long term future of the areas of open space for enhanced bio-diversity and public open space use, whilst providing better access to the Castle Hill Country Park to the east of the Rothley Brook. The Council’s Senior Ecologist has raised no objections to the proposals subject to the inclusion of appropriate conditions. It is therefore considered that the proposal does comply with Policy ST/1 and Section 11 of The Framework Impact on the highway and surrounding highway network The Highway Authority has carefully considered all aspects of the proposals including the design of the access into the site from Cropston Road and the initial ‘gateway’ road features proposed by the applicants. Following initial discussions with the Highway Authority, the ‘gateway road features’ outside of the site were removed from the proposals and on this aspect of the proposal the Highway Authority now have no objections. In addition the Highway Authority have considered in consultation with the applicants transport consultants, the wider impact of the development on existing junctions within Anstey in particular the junction of Cropston Road/ Leicester Road/ Bradgate

110

Road and Stadon Road (The Nook) as it is their view that The Nook roundabout junction currently exhibits unacceptable levels of queuing and delay and the proposed development is likely to exacerbate this situation. As a result of these discussions additional modelling work has been undertaken to assess the impact of the development on the highways network in Anstey. In order to mitigate the impact of their development the applicant’s initially proposed the upgrading of the existing pedestrian crossings on The Nook to Puffin crossings. However, following the further modelling work and discussions with the Highway Authority they are now also proposing further measures which could include:

the re-location of the bus stops onto the approach road to The Nook rather than the exits (which will require an additional bus stop on Stadon Road);

a solution for the Nook junction and have assessed the potential for a double mini roundabout arrangement which would result in fewer off street parking spaces being available but would provide a significant reduction to the delay of traffic. The scheme would mean removing the existing central island and a re-configuration of the existing parking arrangements; and

partial signalisation of the Nook

The Highway Authority has concluded that whilst these proposals form a possible solution as a way of mitigating the impact of the development on the highway network, and there are no reasons to consider that a satisfactory scheme of improvements could not be achieved, there are detailed design and consultation issues to be considered. Ideally, the Highway Authority would have liked the applicants to work alongside the applicants for the Fairhaven Farm site (Ref: 2014/0428/02 currently also under consideration) to find a solution to The Nook junction, however, the highway authority have concluded that if a ‘Grampian style’ condition is included in any planning permission, requiring the applicants to formally submit and agree details of a scheme of improvement works at The Nook junction in order to mitigate the impact of development traffic before any development can take place. This would be an acceptable solution. Although details of a scheme have yet to be formally designed, the applicants have submitted a sketch diagram which provides one suggested alternative arrangement in The Nook. Consultation on the basis of that sketch scheme has been undertaken in order to keep members of the public informed. There are currently a number of applications being considered for housing developments in Anstey and it seems apparent not only from the comments of the Highway Authority but also from the large number of representations received that the traffic situation particularly in the centre of Anstey is a key issue. Whilst ideally officers would like to deal with the traffic implications of these developments at the same time, and have a final detailed proposal for alterations to The Nook, the current application has been the subject of discussions with highways officers for some time now and the timescale for the conclusion of discussions on other development proposals is currently not known. In the circumstances it is considered that the imposition of a Grampian style planning condition which would require the

111

submission and agreement of a detailed design for alterations to The Nook before any development takes place and which the Highway Authority believe is reasonably achievable and an appropriate way forward. Taking into consideration paragraph 23 of The Framework which requires that development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe, it is considered that there are no highway grounds for refusing the development proposals Conclusion 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, against the considerations of the impact of new housing development in Anstey including the impact on the landscape, highway infrastructure and safety and the other factors discussed above. At the current time there is still, based on recent analysis, an identifiable shortage measured against the 5 year + 20% land supply required by the Framework. In these circumstances recent appeal decisions, including those at Rearsby Roses, Bramcote Road, Loughborough, Iveshead Road, Shepshed, Rempstone Road, Wymeswold and Mountsorrel Lane, Rothley reveal the considerable weight that appeal inspectors are placing on the need for a supply of housing land, set against landscape and other considerations. It is therefore concluded that the need for housing at the present time remains a consideration of significant weight in the determination of housing proposals. The test from The Framework is therefore whether any adverse impacts of the development would significantly and demonstrably outweigh the benefits of making a contribution to the supply of housing in a generally sustainable location. Although the site lies in the open countryside and in an area identified as Green Wedge, the limited extent of the development proposals and the landscape measures included in the application would mitigate against the development’s visual impact on the character and appearance of the area, and would it is considered on balance not cause detriment the Green Wedge’s function of providing separation between communities. The Environment Agency has confirmed that the developable area of the site is located in Flood Zone 1 and that they have no objections to the proposals subject to appropriate conditions and National Grid have also confirmed that despite the proximity of parts of the development site to pylons and overhead power lines they have no objections to the proposals. Concerns have also been expressed about the impact that additional housing would have on local facilities and services, in particular schools and doctors. However the applicants have indicated their willingness to enter into a Section 106 Agreement to provide developer contributions in support of the proposals and consultation responses from Leicestershire County Council, the Police and the NHS have not

112

resulted in any objection to the proposals subject to the completion of such an agreement. The applicants have submitted a transport statement and undertaken additional traffic modelling work in consultation with the Highway Authority which has sought to demonstrate that the impact of the development proposals on the existing highway network will only be negligible and in any event can be mitigated by alterations in particular to the area around The Nook. As a result of this work to the Highway Authority has confirmed that subject to detailed design proposals, they have no objections to the proposal. The test from The Framework is therefore whether any adverse impacts of the development would significantly and demonstrably outweigh the benefits, including the contribution to the supply of housing in a generally sustainable location. In this case in applying the overall planning balance, the impact of the development on the character and appearance of the area and Green Wedge is not considered to be sufficient to outweigh the need for the additional housing and that any adverse impacts resulting from the development can be satisfactorily mitigated by means of appropriate planning conditions and the completion of a Section 106 Agreement. It is therefore recommended that the application be approved subject to conditions and the satisfactory conclusion of a Section 106 Agreement to secure infrastructure contributions. RECOMMENDATION A That authority is given to the Head of Planning and Regeneration and the Head of Strategic Support to enter into an agreement under Section106 of the Town and Country Planning Act 1990, to secure infrastructure improvements, on terms to be finalised by them, as set out below:

30% of the dwellings constructed on site to be affordable housing - 75% Affordable social rented/ 25% shared ownership.

Appropriate contributions towards the transfer and maintenance of the open spaces and play areas,

Education contribution - total requirement of £335,893.15 towards the provision of enhanced facilities at local schools

Leicestershire Police - £24,034 towards the upgrade of premises and equipment and contributions towards Hub equipment to ensure the costs of servicing the development whilst maintaining current levels of service; do not divert current policing resources.

Libraries - £3,800 to meet the additional demands on the library facilities at Anstey

Health Authority - £27,655.20 from the developer towards providing additional capacity for additional consultations arising from the increased population.

Highways and Transportation - contributions

Travel Packs (can be supplied by LCC at £52.85 per pack)

6 month bus passes, two per dwelling to encourage new residents to use bus services and establish travel behaviour from first occupation. (Can be supplied through LCC at average £325.00 per pass).

113

Improvements to 2 nearest bus stops to support modern bus fleets with low floor capabilities (at £3263.00 per stop)

Information display cases at 2 nearest bus stops to inform new residents of nearest bus services (at £120.00 per display)

Bus shelters at 2 nearest bus stops. (at £4,908.00 per shelter).

Contribution towards equipping nearest bus stops with Real Time Information signs. (at a total of £300.00)

RECOMMENDATION B That subject to the completion of the agreement in A, permission be granted subject to the following conditions:- This permission is granted subject to the following Conditions and Reasons why they have been imposed 1. Application for approval of reserved matters shall be made within two years of

the date of this permission and the development shall be begun not later than one year 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.

2. 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

3. 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 No(s). 0647-GA-01 rev C and 5870-L-02 rev H showing a revised layout and access arrangements. REASON: To make sure that the scheme takes the form agreed by the authority and thus results in a satisfactory form of development.

4. 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. The scheme shall include : the utilisation of holding sustainable drainage techniques with the incorporation of two treatment trains to help improve water quality ; the limitation of surface water run-off to equivalent greenfield rates ; 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 the responsibility for the future maintenance of drainage features. The scheme shall be fully implemented and subsequently maintained, in accordance with the timing/phasing arrangement embodied within the scheme,

114

or within any other period as may subsequently be agreed, in writing by the Local Planning Authority. REASON: To make sure that the site can be drained in a satisfactory way.

5. Floor levels should be at least 150mm above existing ground levels. REASON: To protect the development from overland flow.

6. 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 .

7. 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 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.

8. 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.

9. The hedge located on the northern boundary of the application site shall be retained and maintained at a height no lower than 1.8 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

115

of adjoining dwellings.

10. Details of a scheme to protect the brook corridor during the construction phase of the development shall be submitted to and agreed in writing with the Local Planning Authority before development commences. REASON: To ensure that appropriate mitigation measures are in place to protect the brook during the construction phase of the development.

11. No development shall be carried out on the site unless it is fully in accordance with the mitigation strategy, specified in the ecological appraisal approved as part of this application. REASON: To ensure that important features of ecological interest are protected.

12. The development shall proceed in full accordance with the recommendations contained in the Ecological Appraisal by Ecolocation submitted with the planning application unless otherwise previously agreed in writing with the Local Planning Authority. REASON: In order to minimise the impacts on biodiversity.

13. The details required by condition No. 2 above shall include full details of existing and proposed levels, including ground levels, finished floor levels of all buildings and a number of sections across the site, these sections to extend to land and buildings adjoining the application site. REASON: To make sure that the development is carried out in a way which is in character with its surroundings.

14. No development shall commence on site until details of a scheme of works to improve The Nook junction and a timetable for the implementation of the agreed works has been submitted to and approved by the Local Planning Authority. The scheme of works shall then be carried out fully in accordance with the approved details and timetable. REASON: To mitigate the effects of traffic arising out of the development hereby approved.

15. No dwelling shall be occupied until the access arrangements illustrated on WSP drawing numbered 0647-GA-01 Rev C have been completed. REASON: In the interests of highway safety.

16. 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 lining ( including for cycleways and shared use footways/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.

17. All existing vehicular accesses that become redundant as a result of this

116

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

18. No development shall commence on site until such time as a construction traffic/site traffic management plan, including wheel cleansing facilities and 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 details and timetable. REASON: To reduce the possibility of deleterious material (mud, stones etc) being deposited in the highway and becoming a hazard to road users, and to ensure that construction traffic/site traffic associated with the development does not lead to on-street parking problems in the area.

19. Before the development commences, details of the routing of construction traffic shall be submitted to and approved by the Local Planning Authority (LPA) in consultation with the Highway Authority. During the period of construction, all traffic to and from the site shall use the agreed route at all times. REASON: To ensure that construction traffic associated with the development does not use unsatisfactory roads to and from the site

20. Before first occupation of any dwelling, car parking shall be provided, hard surfaced and made available for use to serve that dwelling on the basis of 2 spaces for a dwelling with up to three bedrooms and 3 spaces for a dwelling with four or more bedrooms. The parking spaces so provided shall thereafter be permanently so maintained. REASON: To ensure that adequate off-street parking provision is made to reduce the possibilities of the proposed development leading to on-street parking problems in the area.

21. Before first use of the development hereby permitted, drainage shall be provided within the site such that surface water does not drain into the Public Highway and thereafter shall be so maintained. REASON: To reduce the possibility of surface water from the site being deposited in the highway causing dangers to highway users.

The following notes should be taken into account when carrying out the development: 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

117

with the applicant at the pre-application stage and 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. All works within the limits of the highway with regard to the access shall be carried out to the satisfaction of the Highways Manager - (telephone 0116 3050001).

4. C.B.R. Tests shall be taken and submitted to the County Council's Area Manager prior to development commencing in order to ascertain road construction requirements. No work shall commence on site without prior notice being given to the Highways Manager.

5. 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 surety set in place before the highway works are commenced.

6. 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.

7. If the applicants do not wish to seek adoption of the roads, 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. Please note that the Highway Authority has standards for private roads which will need to be complied with to ensure that the APC may be exempted and the monies returned. Failure to comply with these standards will mean that monies cannot be refunded. For further details see www.leics.gov.uk/htd or phone 0116 3057198.

8. 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.

118

9. 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 SuD's 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 SuD’s features associated with the development. Please e-mail roadadoptions@leics.gov.uk if you wish to discuss further.

10. Nesting birds are protected under the Wildlife and Countryside Act 1981 (as amended), therefore should nesting birds be present on the application site, and site clearance should be deferred until young birds have fledged. The nesting bird period is considered to take place between March and August inclusive, but may start earlier and extend later. For advice please contact Charnwood Borough Council's Senior Ecologist on 01509 634729

11. The details required by Condition 14 relating to highway works at The Nook could include partial signalisation, kerb re-alignment and pedestrian crossing facilities

119

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/13/2340/2 Location: Land off Cropston Road, Anstey, Leicestershire Scale: 1:5000

Roth

ley B

rook

Drain

BROADWAY

LO

NG

HA

DE

CH

AR

LE

S D

RIV

E

FAIRHAVEN ROAD

WOOLDALE CLOSE

SU

TH

ER

ING

TO

N W

AY

CR

OP

ST

ON

RO

AD

ANSTEY LANE

FURLONG

FU

RLO

NG

Tra

ck

Tra

ck

Drain

Rothley

Bro

ok

Dra

in

Track

ANSTEY L

ANE

A46

Lay-

by

Lay-

by

Track

Drain

Rothley Brook