UPDATE REPORT

Application Ref: 15/02047/OUT

Applicant: Banner Homes Midlands Ltd

Address: Land to the North and West of Manders Croft, Southam

Brief description of development:

Outline planning application for up to 51 dwellings (See original report)

Summary of recommendation: Grant subject to conditions and the completion of S106 Agreement

This application was previously considered by Members at their meeting on 16th December 2015. A copy of the original report and recommendation, along with a copy of the update sheet is attached. With effect from 22nd December 2015 the Council has been able to demonstrate a 5.2 year housing land supply which amounts to a material change in circumstances.

The Kides judgement established the principle that where, since Members originally resolved to delegate authority to issue a decision, there has been a material change in circumstances, Members must confirm their decision before permission is granted.

In light of the achievement of a 5YHLS, it is no longer obligatory for the decision maker to give the provision of housing 'significant' weight when considering the planning balance. Whilst the provision of housing should still be given weight, it falls to members of Planning Committee, as the decision maker to decide how much weight the provision of housing, including the provision of 35% affordable house, should be given in light of the achievement of an NPPF-compliant 5 year supply of housing.

In this case the Council has recently achieved a 5.2 year housing land supply and therefore, in accordance with para.49 of the NPPF, saved policies in the Local Plan Review that are relevant to the supply of housing cannot automatically be considered as being out-of-date. However, in accordance with para.47 of the NPPF, the Council needs to boost significantly the supply of housing to not only achieve a 5 year housing land supply (which has now been achieved), but to also maintain this supply thereafter.

The site lies within a defined Area of Restraint, where saved policy EF.3 sets out 3 circumstances in which development will be permitted.

I have given weight to the need to maintain the 5 year housing land supply and I have concluded that this could be considered as a “demonstrable benefit”, even if it is not an “exceptional circumstance”.

The site is located adjacent to an existing main rural centre where, in officers’ opinion, it would enhance and maintain the vitality of the rural community in accordance with paragraph 55 of the NPPF.

In my opinion, the benefits of the scheme would still outweigh the identified harm, even with the altered 5YHLS situation and the proposals represent sustainable development. Recommendation Whilst officers have made a recommendation on the basis of the Development Plan and other material considerations it is for the Committee to weigh and balance these in coming to a decision.

The recommendation is that members confirm their decision to grant planning permission as outlined within the attached reports/updates sheets/minutes, subject to the satisfactory completion of a S.106 agreement, with delegated authority to the Head of Environment and Planning in consultation with the Chairman of the Planning Committee in respect of any final negotiations, and with the wording and numbering of conditions and notes delegated to officers.

COMMITTEE REPORT

Application Ref. 15/02047/FUL

Applicant Banner Homes Midlands Ltd

Reason for Referral to Committee

Objection from Town CouncilObjection from Ward MemberScale of Development

Parish Council Southam Town Council

Ward Member Councillor Bromwich

Case Officer Louise Koelman

Site Address Land to the North and West of Maunders Croft, Southam

Description of Development

Outline planning application for the erection of up to 51 dwellings - with means of access considered

New vehicular access points proposed off Maunders Croft 2.5 ha site at 37 dwellings per hectare (excluding the POS and

SUDS attenuation basin) 35% affordable housing (18 affordable - 14 (75%) social rented

and 4 (25%) intermediate housing) Landscaping buffers on all boundaries Dwellings would indicatively be a maximum of two storeys in

height and would include single storey units along the western site boundary

1.04ha of land identified for informal and incidental Public Open Space

SUDS provision and one attenuation basin within the south western part of the site

Description of Site Constraints

The application site is located at the western edge of Southam and comprises an agricultural field.

Site is bordered by hedgerows with trees along the northern, and western boundaries and various types of fencing along its southern and eastern boundaries

Site has a sloped landform which rises south to north by approximately 16.5m

A series of Public Rights of Way run near the site including a path which runs along the sites southern boundary

The Holy Well Scheduled Ancient Monument and grade II listed building lies 210m to the south west of the site (Scheduled monument number WA 104)

Summary of Recommendation

GRANT SUBJECT TO CONDITIONS AND THE COMPLETION OF S106 AGREEMENT

Development Plan

Paragraph 215 of the National Planning Policy Framework (NPPF) advises that “due weight should be given to relevant policies in existing plans according to their degree of consistency with this framework”.Relevant Policies in the Development Plan for this application, including for the supply of housing, are:

Relevant Policies in the Development Plan for this application are:- PR.1, DEV.1, DEV.4, DEV.10, IMP.1, IMP.6 - Consistent PR.8, - High degree of consistency (framework only slightly less

restrictive) EF.3, PR.7, DEV.3, DEV.8, COM.9, COM.13, DEV.2, DEV.7, EF.6, EF.7,

EF.9, EF.10, EF.11, COM.4, COM.5 IMP.4, IMP.5, DEV.6, EF.13/EF.14 - Some consistency but Framework less restrictive

STR.1, STR2, 2A, 2B, STR.4, DEV.5, CTY.1, IMP.2 - Inconsistent/out of date

Other Material Considerations

Central Government Guidance

NPPF National Planning Policy Framework 2012 National Planning Practice Guidance Circular 06/05: Biodiversity and Geological Conservation English Heritage - Historic Environment Good Practice Advice in Planning

Note 3 (The Setting of Heritage Assets).

Supplementary Planning Documents & Guidance Car and Cycle Parking Standards 2007 Provision of Open Space 2005 Stratford on Avon District Design Guide 2002 PPG17 Open Space, Sport and Recreation Assessment and Playing Pitch

Strategy (Arup, April 2011, June 2012 and Sept 2014) Corporate Strategy 2015 – 2019 Extending Your Home: Planning Advice Note

Other Documents

Coventry and Warwickshire Joint Strategic Housing Market Assessment (November 2013)

Submission Core Strategy 2014

This document was submitted to the Secretary of State on 29 September 2014, with the examination in public (EIP) in January 2015. The Inspector’s interim report was published on 19 March 2015. Proposed modifications were subject to a period of consultation which ended on 25 September 2015. The proposed modifications and representations were submitted to the Inspector for his consideration on 23 October 2015 and the EIP has been reconvened for January

Paragraph 216 of the NPPF allows for weight to be given to relevant policies in emerging plans, unless other material considerations indicate otherwise, and only subject to the stage of preparation of the plan, the extent of unresolved objections and the degree of consistency of the relevant emerging policies to the NPPF policies.

Following a full Council meeting on 22.06.2015, the Council has resolved to endorse the Cabinet recommendation of 01.06.2015 to adopt some of the development management planning policies as set out in emerging Core Strategy (As submitted September 2014 showing subsequent proposed modifications) June 2015 on an interim basis and due to their consistency with the NPPF/absence of objections in principle.I therefore consider that the requirements of policies:-

CS.1, CS.2, CS.4, CS.5, CS.6, CS.7, CS.8, CS.9, CS.25, CS.26

are recognised as material planning considerations and given some weight in the determination of the planning application.

The other key relevant policies which remain as having limited weight are:-CS.15, CS.16, CS.17, CS.18, AS.10, CS.13

The 2012 Strategic Housing Land Availability Assessment (SHLAA) Review The application site has been identified within a larger area of land comprising of 4.21ha and referred to as ‘SOM707’ as a broad location for housing development. The eastern part of the site, containing the application site, is identified as having some potential for residential development potential for approximately 20 units in line with the most recent landscape study.

The SHLAA has only looked at suitability for housing, using obvious site constraints (“potential show-stoppers”). It does not follow that what it shows as a ‘suitable’ site is necessarily an ‘appropriate’ site. The SHLAA 2012 does not assess appropriateness against the emerging Core Strategy. In officers’ opinion the conclusions reached by the SHLAA should be given limited weight and the appropriateness of the site should be assessed against relevant development plan policies and all relevant material considerations.

Landscape Sensitivity Study (July 2011 and 2012)

This document forms part of the evidence basis underpinning the preparation of the Core Strategy. Part B of the document covers land parcels/sensitivity assessments for the main towns and villages.

The application site is within Land Cover Parcel So08. The document assesses the site’s suitability for residential housing in respect of landscape sensitivity as follows:

‘…Forming part of the southern valley sides of the River Stowe, the zone comprises both arable fields and open grass meadow with gappy hedges. It is bounded by the settlement to the north which has a slightly indented character but this consists of linear, estate housing with little mitigation. The area is sensitive as part of the green valley corridor well used by locals and forming part of the setting of the Holy Well. In landscape terms, there may be an opportunityto infill north of the new housing on the sewage works site providing the edge to the countryside remains green and indented. Any new housing to the west would intrude down the valley sides increasing its effect on the skyline and adversely affecting the setting of the valley and Holy Well even if designed to back onto existing housing and facing the valley floor with appropriate planting. It is therefore considered to be undesirable’. The overall area is classified as having ‘medium’ sensitivity to residential development.

Town Council DocumentsSoutham Millennium Design Statement

Southam Town Plan (2006)Southam Housing Needs Survey (2009)Southam Neighbourhood Plan - Designation stage has been completed

Other Legislation

Human Rights Act 1998 Town & Country Planning (Listed Buildings & Conservation Areas) Act 1990 Natural Environment and Rural Communities (NERC) Act 2006 (any site in a

rural location) The Conservation of Habitats and Species Regulations 2010 Localism Act 2011 Community and Infrastructure Levy (CIL) Legislation Town and Country Planning (Environmental Impact Assessment) Regulations

2011 (as amended)

Summary of Relevant History

Reference Number Proposal Decision and date

14/01633/OUT Residential development of approximately 77 dwellings, access and other associated works

Withdrawn - 19.11.2014

Applicant’s Supporting DocumentsThe planning application has been supported by detailed documentation and assessments. These include the following;

List of documents:

- Application Form- Extended Phase 1 Habitat Survey- Botanical Survey- Reptile Survey- Heritage Statement - Archaeological Evaluation Assessment- Archaeological and Heritage Statement- Design and Access Statement- Landscape and Visual Impact Assessment- Planning Statement- Statement of Community Involvement- Transport Statement- Flood Risk Assessment

Summary provided by applicant

A supporting summary has also been received stating;

Amendments

Since our previous application CALA Homes have reduced the number of units from ‘up to 77’ to ‘up to 51’ dwellings by removing 26 dwellings from the westernmost part of the field.

Area of Restraint

Whilst the application site falls within the Southam Area of Restraint it is important to note that:• Stratford-on-Avon District Council previously considered that the majority of

the site did not meet the requirements of an Area of Restraint. The “Area of

Restraint Assessment” (July 2011) for Southam concluded that it would be acceptable to:“… exclude [the] area north of Wattons Lane/sewage works development site as it is not publicly accessible and/or widely visible and does not contribute to the setting of the valley or Holy Well. Other housing on the skyline, whilst not attractive, is set far enough back not to impinge significantly on the enjoyment of the valley floor by walkers or the setting of Holy Well which feels separate from the settlement in open countryside.”

• An independent assessment by White Consultants in 2011 found the application site to be of ‘medium’ sensitivity to housing development - the joint lowest score achieved in Southam.

• The vast majority of the site was proposed to be removed from the AOR in a previous iteration of the ‘Intended Proposed Submission Core Strategy’.

Community Benefits

The development proposals will provide:

• Market housing (including bungalows);• Affordable housing (35%);• 1.04 hectares of new public open space (a policy over provision of 0.72

hectares – 70%) in an area experiencing a deficit;• Increased patronage to local services and facilities;• Local (construction) employment opportunities;• New Homes Bonus and Section 106 community contributions; and• An improvement to the outlook across the application site toward attractive

and outward facing dwellings rather than toward unattractive rear boundaries.

Heritage

Both Historic England and the Conservation Officer do not object to the development proposals as their previous concerns have been addressed. Historic England in particular commented that:

“The revised application takes account advice given in the earlier application regarding the sensitivity of the western fringe of the development area in maintaining the sense of isolation of the scheduled monument and has made a positive alteration to protect this significance.” (25.11.2015)

Third Party Responses

Ward Member - Councillor Bromwich

Objects to the proposals; Development within an Area of Restraint(AoR) within Saved Local Plan and

emerging Core Strategy and would take up 25% of the AoR which is an overdevelopment of the AoR

Proposed park area covers a further 20% of the AoR and would unacceptably change the character of the AoR

Would create additional traffic issues on Maunder Croft estate Children use the area to play rather than use the recreation ground Wattons Lane is heavily used by walkers accessing the PRoW’s and Holly Well

site Under provision of car parking within Maunders Croft and consider its likely

the proposed development would result in approximately 75 to 100 extra traffic movements

High dependency on the car for work, aces local shops, schools, leisure facilities adding to existing congestion within Park Lane, St James Road and Welsh Road West

Re-development of Victor Hodges House (Tythe Lodge House) residential development for over 55’s will result in additional vehicles to park within the vicinity

Southam Town Centre only has short term car parking for 20 additional parking spaces and reasonable to assume the areas around Park Lane and Little Park will see an increase in off street car parking

Southam has plans for 500 new homes over the next few years and existing schools are either at or exceeding capacity

All current proposed new development sites would result in most of the pupils and education establishments would be driven to the schools due to the locations being north and south of the town and would be likely to be by car

Southam has two GP surgeries which by the time the developments are complete will be at capacity which also applies to the 3 dental practices, only one currently accepts NHS patients

The development forms no part of the Core Strategy, does not comply with the NPPF, as there are other areas of land available within Southam outside of the AoR

It would remove any potential barriers for further development in an AoR Request a site visit and a revised traffic projection based on the

developments that have already been granted both in Southam and surrounding villages including the impact of school and peak time traffic and impact study on local infrastructure (21.07.2015)

Additional comments; Revision does not alter pervious objections and re-iterates a request for a

site visit (21.10.2015)

(The full responses are available in the application file)

Town Council

Object to the proposal – Would be a significant incursion into the Area of Restraint and contravenes

CS.13 by causing demonstrable harm to the open nature of the AoR No benefit to the community will result Results in the loss of a leisure facility for the community Applicant has failed to demonstrate that there are alternative areas for the

development and have failed to demonstrate exceptional circumstances Development is not necessary to meet the 940 dwellings required under the

emerging Core Strategy for Southam. More than half this number have already been approved and more are in the pipeline

Unsustainable development and residents would need to use the private car which would exacerbate existing traffic congestion within local road network

Would undermine the 15 year River Lean Catchment Area Plan DEFRA funded project to improve the environment. The River Stowe on the boundary of the development is a tributary of the Leam and has poor ecological status. Development would pollute and hamper efforts to improve water quality

There is general support for housing in Southam however the proposed development is not considered suitable by a large majority of Southam people

Development is not environmentally sustainable and would begin the destruction of the River Stowe Valley ( 27.07.2015)

(The Additional comments;

• Continue to object to the development in the AoR and all previous comments still stand. (23.10.15)

(Full response is available in the application file)

Third Party Responses

232 letters of objection have been received.

The objections have been subdivided in a number of category headings and are summarised as follows:

Area of Restraint (AoR) No exceptional circumstances have been put forward to justify developing on

this AoR Applicant has failed to demonstrate that no alternative sites in Southam are

available contrary to policy EF.3 of the Local Plan and emerging Core Strategy policy CS.13

Will destroy the tranquil character of the AoR Will substantially harm the openness, nature, landscape and character of the

AoR Area has a high public amenity value and should be preserved

Character and Appearance of the area Adverse impact on the peacefulness and beauty of the Stowe Valley Will harm the character and appearance of this historic area Will prejudice the future of the well used footpath running north/south on the

western boundary of the site. The footpath is a natural extension of SM180 and connects SM18 and SM180 to the Holly Well. Efforts have been made to make it an official footpath

Will create light pollution and obscure the skyline

Highway/Traffic Implications

Will exacerbate existing congestions within adjoining road network, in particularly within Manders Croft, Wattons Lane, Park Lane, St. James Road, especially in peak times

The feeder roads are already congested due to them serving the local schools, church and leisure centre in addition the construction of Tythe Lodge (over 55’s) development, 2nd entrance to the recreation ground and a residential home have also compounded this problem. Consider the local road network will not be able to sustain an addition 51 dwellings

Will cause danger to pedestrian safety particularly during the construction period though Manders Croft – Children play on the roads in Manders Croft and would compromise their safety

There is an existing problem within Manders Croft due to on-street car parking often restricting the width of road causing difficulty for vehicles to pass and making the route unsuitable for HGV’S to access the proposed application site and concern over accessibility of the site for emergency service vehicles

The steep incline within Manders Croft may restrict vehicle access to the site in sever winter weather conditions

Residential Amenity The development will result in loss of privacy and overbearing impact

particularly for the residents abutting the southern boundary of the site Question the implications of the development on existing properties with

Manders Croft, in terms of their garden collapsing if additional houses are built

Noise and disturbance will result during the construction phase of the development

Garden sizes within the proposed development are substandard

Infrastructure Development will result in greater pressure on existing local services which

are already under strain, Southam College and Southam primary and secondary schools are oversubscribed, the doctors surgeries are full, and have long waiting times. The development would just exacerbate these problems

Heritage Assets Would adversely effect the setting of the nearby Holly Well, a grade II listed

building and Scheduled Ancient Monument Will damage the rural approach when walking to the Holly Well from

Southam

Ecological Impact Would Adversely impact on local wildlife by further expanding the town and

result in the urbanisation of the countryside Adjoining field contain European fire ants which would be likely to be

present on this site- unfair to potential residents to have these in their gardens

Site contains grass snakes, bats and newts which would be harmed

Core Strategy Southam has already met its obligation towards the 5 year housing land

supply under the emerging Core Strategy. This development is not needed There are other more appropriate sites within the town to build on- have

already allocated a number of sites within the emerging Core Strategy

Drainage/Flooding Development will increase surface water run-off and Proposed attenuation pond will be a hazard to children’s safety The area of land is regularly flooded

Consultations

WCC Highways: Initial objection due to insufficient information in relation to the access arrangements. (29.07.2015)

Following the submission of a revised layout which slightly enlarged the site edged in red by the access into Maunders Croft - raise no objection subject to conditions. Consider the development will have nil detriment to the safe and efficient operation of the highway network. (06.11.2015)

WCC Ecology: No objection. Consider the development will have limited impacts on biodiversity. Support the provision of an ecological corridor along the southern edge of the site, provision of hedgerow planting and retention of existing trees and hedgerows around the site boundaries. Recommend conditions. (21.07.2015)

Natural England: No comments to make in respect of the application (13.07.2015)

WCC Archaeology: No response. (07.07.2015)

Environment Agency: No objection. The site is a significant distance from the floodplain of the river to the south. (29.07.2015)

Lead Local Flood Authority: No objection subject to conditions (10/08/2015)

Severn Trent Water: No objection subject to surface water and foul drainage condition (10.08.2015)

WCC Fire and Rescue: No objection subject to condition requiring provision of adequate water supplies and fire hydrants (15.07.2015)

South Warwickshire NHS Foundation Trust: Request a contribution of £45,910.63 (29.07.2015)

Police Crime Prevention Design Advisor: Recommend the affordable housing is built to a minimum standard that complies with Secured by Design (New Homes 2015) level 1 & 2 and consideration given that all 51 homes are built to this standard. (16.07.2015).

SDC Environmental Health: No objection (13.07.2015)

WCC Infrastructure - Education: contribution of £192,287 towards Secondary and Sixth Form required.Libraries: Request contribution of £1,116.00 Rights of Way: Request contribution of £1,982 within 1.5miles of the site(01/10/2015)

WCC Rights of Way: No objection subject to a condition (23.07.2015)

SDC Conservation: Considers that the removal of the majority of the development from the western area of the site addresses the most severe concerns in terms of harm to heritage assets and this is now much reduced. Consider the level of harm to the significance of the heritage assets is less than substantial in terms of para 134 of the NPPF. (29.07.2015)

Historic England: Make observations. Identify that the site lies 215m east of the Holly Well scheduled ancient monument. The scheduled monument is sited next to the River Stowe with very limited views of the existing housing in Southam. The revised application takes into account advice given in the previous application (14/01633/OUT - which was withdrawn) regarding the sensitivity of the western fringe of the application site in maintaining the sense of isolation of the scheduled ancient monument and has made a positive alteration to protect this significance. The positive alterations illustrated in the indicative masterplan are the removal of development from the west of the development area and the use of appropriate landscaping to reduce any remaining visual impact.

Regard the development as having less than substantial harm on the significance of the designated heritage asset and therefore should be determined in accordance with para 134 of the NPPF. Special regard should be made to ensure the soft development edge and bolstering of existing landscape features and proposed green space is delivered as this will minimise the conflict between the heritage asset ‘s conservation and any aspect of the proposal in accordance with para 129 of the NPPF. (16.07.2015)(The full responses are available in the application file)

ASSESSMENT OF THE KEY ISSUES

Background

This application is a re-submission following the withdrawal of planning application 14/01633/OUT (Residential development of approximately 77 dwellings, access and other associated works). This application is on the same site edged in red however the proposed number of dwellings has been reduced to a maximum of 51 and the majority of the proposed dwellings from the western part of the site have been removed from the indicative layout.

Principle of Development

The Council is required to make a decision in line with the Development Plan, unless material considerations indicate otherwise. (Section 38(6) PCPA 2004 and Section 70(2) TCPA 1990). The National Planning Policy Framework (NPPF) is a key material planning consideration. The emerging Core Strategy is also a material consideration.

Housing Land SupplyThere is a strong imperative in favour of housing delivery in the NPPF. It states that a Council must always be able to demonstrate a five-year supply of housing land.

It provides that where a five-year housing land supply is absent then relevant policies for the supply of housing should not be considered up-to-date and the determining authority should therefore make decisions in accordance with paragraph 14 of the NPPF.

Paragraph 14 requires that authorities should grant permission for development 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.

The most recent assessment in Stratford-on-Avon establishes that the district is unable to demonstrate a 5-year supply of housing land. Consequently, it is necessary to determine this application in the context of paragraph 14.

As such, unless specific NPPF policies indicate otherwise, or the impacts of doing so would significantly and demonstrably outweigh the benefits, the development should be approved.

The Development Plan

The NPPF advises that policies for the supply of housing within the development plan must be considered out of date because the district cannot demonstrate a five-year housing land supply at this time. As such, they can only be afforded very limited weight in the determination of this proposal.

Notwithstanding the above, the saved policies within the Local Plan provide useful guidance regarding the sustainability of proposals and the general approach to development across the district.

Saved policy STR.1 provides a settlement hierarchy for the purposes of controlling and regulating development and to reflect the wider functions of settlements. The principle of a settlement hierarchy, as set out in saved policy STR.1, is consistent with objectives contained within the Framework, which seeks to direct development to locations that reduce car based travel and the need to travel. The new settlement hierarchy, published as part of the evidence base for the emerging Core

Strategy, is consistent with the approach taken in paragraph 55 of the NPPF, which says that housing should be located where it would enhance or maintain the vitality of rural communities.

The application site comprises undeveloped greenfield land, outside the built up area boundary of Southam within an area designated as an ‘Area of Restraint’ within the local plan and therefore the proposal conflicts with policy STR.1. However, it is located adjacent to the existing settlement edge of Southam on Stour which is identified as a ‘Main Rural Centre’; in other words, the development is adjacent to a settlement where this Council supports the principle of new development.

Saved policy STR.4 seeks to ensure all development proposals utilise previously developed land subject to the criteria set out in the policy. This policy is not considered consistent with the general thrust of the NPPF which, while encouraging the use of previously developed land, promotes flexibility as regards changes of land use in the interest of achieving viable, deliverable and sustainable development and does not preclude the development of greenfield sites in principle.

Saved policy CTY.1 seeks to control all forms of development within the countryside which is not consistent with the rural principles of the NPPF, by taking a more restrictive approach to development than that set out in the national document. In seeking to preserve the intrinsic quality of the countryside, policy CTY.1 does still carry some weight, but only where this is weighed in the planning balance against the more flexible approach taken in the Framework.

Saved policy PR.1 (Landscape and settlement character) provides protection for the quality and character of an area which is consistent with the principles of the NPPF.

The site lies within a defined Area of Restraint, where saved policy EF.3 sets out only 3 circumstances in which development will be permitted. The proposed development fails to meet the first bullet point (development ancillary to agriculture or existing authorised uses). With regards to the second (development that would not harm or threaten the generally open nature of the area), it is my opinion, for the reasons set out further on in this report, that this development would result in harm to this part of the area of restraint, contrary to saved policy EF.3.

The third circumstance cited in the policy is the demonstration of “exceptional circumstances” that would allow the principle of development to be supported. In the explanatory text to the policy (para.4.4.4) these are described as “demonstrable benefits” and schemes that “contribute significantly to meeting Local Plan objectives”. The developer would also have to demonstrate that no alternative site outside the Area of Restraint would be feasible. Whilst the developer has not considered alternative sites, I have given significant weight to the need to achieve and then maintain the 5 year housing land supply and I have concluded that this could be considered as a “demonstrable benefit”, even if it is not an “exceptional circumstance”.

Material considerations

With regards to the consistency of policy EF.3 with NPPF advice related to the protection of landscape areas, paragraph 113 of the NPPF advises that local planning authorities should set criteria based policies and make distinctions between international, national and locally designated sites. Whilst saved policy EF.3 is broadly consistent with this approach, it is a very restrictive policy, and arguably more restrictive than policies to protect nationally designated areas, such as Green Belt and Areas of Outstanding Natural Beauty. Paragraph 113 expects that protection of these areas should be commensurate with the status of the designation. In my opinion, the weight to be given to saved policy EF.3 should be tempered by the national guidance in determining the application.

This view has been endorsed in a recent appeal decision issued on 15 October 2015, 13/02360/OUT - Land off London Road, Shipston on Stour, for the erection of up to 55 dwellings within an Area of Restriant. The Inspector states that ‘In general terms the policy (EF.3 of the Local Plan) is consistent with the aims of the Framework in respect of the intrinsic character and beauty of the landscape being recognised.’

Whilst it is noted that all of the Local Plan policies are aging, in respect of saved policy EF.3, a Landscape Sensitivity Study 2011 was carried out to provide an assessment of all the Areas of Restraint in the District and recommendations were made to the Council on both the principle and the detailed boundaries of these areas.

This assessment concluded that the Southam Area of Restraint was worthy of protection subject to modifications to its boundaries. It provides a distinctive and attractive strong green corridor linking into the settlement. It contributes to the setting of the Conservation Area, listed Holy Well and other listed structures such as the church and provides a green corridor for recreation and access linking the core of the settlement with Holly Well and the wider countryside.

The LSS 2011 recommended modifications to exclude the area north of Watton Lane/ sewage works development site as it is not publically accessible and /or widely visible and does not contribute to the setting of the valley or Holly Well. The proposed boundary changes are intended to address the expectation that there would be potential development pressure on vulnerable areas, and suggests omitting the eastern part of the application site from the Area of Restraint in response to the expected pressure to round off the settlement and fill in gaps in the settlement form. I consider that some weight should be given to the landscape consultant’s comments.

This Area of Restraint has been carried through into the Submission Core Strategy 2014. However, the recommendation from the consultant to remove the application site from the Area of Restraint has not been carried forward into Core Strategy Policy CS13 and its supporting policy maps, and therefore, the application site is proposed to be retained within the Area of Restraint.

The Inspector in the consideration of Land off London Road, Shipston on Stour appeal stated ‘whilst I accept there are very limited objections to policy CS.13 and the Inspector did not specifically refer to it in his interim report. Nevertheless, I cannot be certain that this policy would remain unchanged and taking account of the stage in the process including that the Inspector is still to decide on the CS as a whole, I consider it would be inappropriate at this stage to give policy CS.13 significant weight’.

In light of this decision I consider that limited weight can be afforded to policy CS.13 in the consideration of this application.

The weight to be given to the saved policy EF.3 (which retains the site within the AoR, the LSS 2011 (which recommends the removal of the site from the AoR), the emerging policy CS.13 (which seeks to retain the site within the AoR) and the informal hearing appeal decision for London Road, Shipston is a matter for the decision-maker.

The National Planning Policy FrameworkParagraph 14 of the NPPF sets out a presumption in favour of sustainable development. It states that: “Where the development plan is absent, silent or relevant policies are out of date, planning permission should be granted unless:

- Any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies of this Framework taken as a whole; or

- Specific policies in this Framework indicate development should be restricted.”

Paragraph 55 of the NPPF says that housing should be located where it would enhance or maintain the vitality of rural communities. The NPPF whilst promoting the development of brownfield land does not preclude the residential development of greenfield land in principle.

Conclusions

There is conflict with saved policies STR.1, EF.3 and CTY.1, and emerging Core Strategy policy CS.13 given the site falls outside the built-up area boundary, within the open countryside which is locally designated as an Area of Restraint. However, the site is located adjacent to an existing main rural centre where it would enhance and maintain the vitality of the rural community, in officers’ opinion, in accordance with paragraph 55 of the NPPF.

Impact on the landscape and character of the area

The NPPF requires as part of its core principles (paragraph 17 (5)), that, amongst other things, planning should take account of the different roles and character of different areas and recognise the intrinsic character and beauty of the countryside. Saved policy PR.1 of the Local Plan Review is consistent with this as it states that proposals should respect, and where possible, enhance the quality and character of the area. Policy CS.5 of the emerging core strategy requires development to minimise and mitigate impacts on the landscape character and quality, including cumulative impacts. Paragraph 109 of the NPPF also states that the planning system should contribute to and enhance the natural and local environment by protecting and enhancing valued landscapes.

The site’s landscape character falls within National Character Area 96 ‘Dunsmore and Feldon’. The Warwickshire Landscape Guidelines shows this area as ‘Lias Village Farmlands’ within the Feldon Regional Character Area and the Stratford on Avon District Design Guide Character Areas identifies the site as part of the Feldon area and within the sub- area of ‘Lias Uplands’. This is characterised by compact villages sited on hill and ridgetops, hill sides and along narrow valley bottoms with many hedgerows and roadside trees, well defined geometric patterns of small to medium sized fields.

The application site is an open field of semi-improved grassland on the south western edge of the village and makes an important contribution to the rural setting of Southam Town. The site has a sloped landform which rises south to north by approximately 16.5m and its northern and western boundaries contain existing hedgerow and tree planting. The southern and eastern boundaries abut onto the existing residential estate, Maunders Croft and are largely defined with varying types of fencing.

Within the Landscape Sensitivity Study 2011 (LSS) the application site is identified as having medium sensitivity to housing development. The application site is within Land Cover Parcel So08. The document assesses the site’s suitability for residential housing in respect of landscape sensitivity and identifies that there may be an opportunity ‘to infill north of the new housing on the sewage works site providing the edge to the countryside remains green and indented’. The study also highlights that ’any new housing to the west would intrude down the valley sides increasing its effect on the skyline and adversely affecting the setting of the valley and Holy Well

even if designed to back onto existing housing and facing the valley floor with appropriate planting. It is therefore considered to be undesirable’. The Southam Millennium Design Statement (2000) identifies the importance of the valley of the River Stowe which has been designated as an Area of Restraint which ’confirms its value as open space within the natural environment’. The document also states ‘that on the western edges of the town, farmland comes right up to town boundaries providing a direct connection with the countryside and reinforcing Southam’s historic base as a rural market town’ and also that future development should ‘respect the importance of the open spaces, grassy areas and trees which contribute to the character and attraction of the town as well as providing recreational space and community areas.’.

The applicant has submitted an indicative layout in respect of how the application site may be developed in the future and which would inform any subsequent reserved matters application should outline planning permission be granted. The indicative layout plan shows that the any housing development would be largely confined to the eastern parts of the site which sit in between the existing residential developments within Maunders Croft to the south and Mill Crescent/Holywell Road to the North.

Substantial landscape buffers are proposed along the western, and southern boundaries of the site. The western part of the site is largely free from development with the exception of 5 dwellings on the northern edge. These dwellings are identified to be bungalows within the indicative layout however this would be a matter for consideration within any subsequent reserved matters.

The western part of the site is identified as an area of open space containing a footpath link to onto the existing pubic footpath running along the southern boundary of the site. At present there is no public access through the site and therefore this would increase accessibility to the area and the River Stowe corridor.

Additional structural planting is also proposed to enhance and provide an opportunity to soften the existing urban edge currently presented from the rear of the properties within Maunders Croft and Holywell Road which face onto the western portion of the site. Overall the character of the western proportion of the site would remain largely open and green, assisting in mitigating the overall impact of the proposed development on the character of the area.

The submitted Landscape and Visual Impact Appraisal (LVIA) identifies that views of the site are largely localised and that the most significant are those from the recreational users of the area and the properties who overlook the site. There are a number of public footpaths within the vicinity of the site, primarily located to the south and west of the site and including a public footpath from Wattons Lane which leads to The Holy Well scheduled ancient monument. The submitted LVIA identifies that longer distance views are generally limited by the screening provided by the surrounding topography and existing vegetation. The LVIA identifies that the overall significance of the landscape effect of the development is moderate reducing to minor after a 15 year period when landscaping has become established and matured.

I consider that the proposal, is positioned away from the most sensitive part of the AoR and the indicative plan produced shows that substantial landscaping can be provided to minimise the impact especially when viewed from the most sensitive viewpoints to the west and south. Nevertheless, the proposal would extend the built form of Southam into the AoR, resulting in a loss of the open character of the field and would be in conflict with Policy EF.3 of the Local Plan and CS.13 of the emerging Core Strategy. The proposal would also be contrary to the Framework in respect of protecting the intrinsic character and beauty of the countryside.

Impact on Heritage Assets (Archaeology/Listed Buildings/Conservation Areas)

The Barnwell case considered by the Court of Appeal determined that when considering the impact on heritage assets with other material considerations in the overall planning balance, interpreting S66 (1) of the Planning (Listed Building and Conservation Areas) Act 1990 the decision maker should accord ‘special weight’ or ‘considerable importance and weight’ to the desirability of preserving the setting of listed buildings, and to preserving the character and appearance of Conservation Areas.

Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that special attention should be paid to the desirability of preserving or enhancing the character or appearance of a conservation area. In this case considerable importance and weight is given to the desirability of protecting or enhancing the character or appearance of heritage assets including their setting.

I acknowledge that a large number of objections have been received on the grounds of possible detrimental impact on the Holly Well and Conservation Area.

The site lies 215m east of the Holly Well scheduled ancient monument which is grade II listed and approximately 100m from Southam Conservation Area (at the nearest point) which is located to the east of the site and the Church of St James which is a grade I listed building is situated 322m (at its nearest point).

With respect to the Conservation Area,, I do not consider the development would have a significantly detrimental impact on the character and appearance of the Conservation Area, due to the intervening development in the form of Maunders Croft and Wattons Lodge. Views to and from the Church of St. James are wider due to its prominent position on a small hill and the height of its spire in relation to adjoining buildings in the town. However the key views are across the playing fields (Bury Orchard) to the west of the church and from the town to the south east. I do not consider the proposed development would unacceptably affect the setting of this church due to the significant separation distance and intervening topography and buildings. The Council’s Conservation Officer has assessed the development and considers that the conservation area is sufficiently removed (both in distance and visual interconnection) to avoid any meaningful adverse impact.

The Holy Well is Grade II listed and a scheduled Ancient Monument. The importance of the Holy Well to Southam is acknowledged in the Southam Town Plan and the Millennium Design Statement where it is acknowledged as the oldest surviving feature in Southam, first recorded as part of the Manor of Southam in 998. Much of the Stonework surrounding the well dates to the late 18th and perhaps 19th centuries, although further restoration has taken place in the 20th century.

Historic England have assessed the development and identifies that ‘this revised application takes into account advice given in the previous application (14/01633/OUT - which was withdrawn) regarding the sensitivity of the western fringe of the application site in maintaining the sense of isolation of the scheduled ancient monument and has made a positive alteration to protect this significance. The positive alterations illustrated in the indicative masterplan are the removal of development from the west of the development area and the use of appropriate landscaping to reduce any remaining visual impact’.

Historic England now regard the development as having less than substantial harm on the significance of the designated heritage asset and therefore should be determined in accordance with para 134 of the NPPF. They identify that special regard should be made to ensure the soft development edge and bolstering of

existing landscape features and proposed green space is delivered as this will minimise the conflict between the heritage asset‘s conservation and any aspect of the proposal in accordance with para 129 of the NPPF.

The Council’s Conservation Officer has also carefully assessed the development and concurs with the views of Historic England and considers that the level of harm to the significance of the heritage assets is less than substantial in terms of para 134 of the NPPF.

In light of the above I conclude that the proposed development would have some harmful impact i.e. at the middle range of ‘less than substantial’ on some heritage assets as detailed above. In assessing these impacts I acknowledge the requirements of Section 66(1) of the Planning (Listed Building and Conservation Areas) Act 1990. However, I consider that the harmful impact of the proposal on these heritage assets is outweighed by the benefits of the proposal. In light of this I consider that the proposed development does not accord with saved adopted policies, EF.13, and EF.14, however is in accordance with emerging Core Strategy policy CS.8 which enables a planning balance to be carried out, and paragraphs 128-137 of the NPPF.

Highways Matters

Paragraph 32 of the NPPF states ‘inter alia’ that decisions should take account of whether opportunities for sustainable transport modes have been taken up; safe and suitable access to the site can be achieved for all people and whether improvements can be undertaken effectively limiting the impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.

Paragraph 34 of the NPPF also states that developments that generate significant movements are located where the need to travel will be minimised, albeit, this needs to take into account policies throughout the framework relating to rural areas. Saved policies DEV.4 and COM.9 of the Local Plan Review remain generally consistent with this approach. This approach is also advocated through draft Core Strategy policies CS.9 and CS.25 which are afforded some weight.

Access

The application is in outline form with the matter of the access to the site submitted for detailed consideration at this point. Access to the site would utilise the cul-de-sac route of Watton’s Lane and Maunders Croft and enter off an existing turning head located within the north eastern corner of Maunders Croft. The Highway Authority has assessed the submission and initially raised an objection due to the lack of sufficient information to demonstrate that control could be achieved over the pedestrian footpath to the east of the existing turning head at Maunders Croft.

A revised site edged in red including the footpath to the east of the access point has been subsequently submitted. The Highway Authority has confirmed that they raise no objections to this revision and consider the applicant’s Transport Statement to be robust.

I acknowledge that concerns have been raised with respect to existing congestion within the local road network. The applicant’s Transport Assessment takes into account the cumulative impact of the 87 existing dwellings within Maunders Croft and the 33 sheltered flats at Watton’s Lodge, together with the proposed 51 dwellings within their assessments. The Highway Authority has confirmed that all local junctions will be able to operate within capacity and the local road network has a good safety record accident record due to the low speeds within the town reducing

the risk of incidents which indicates that the area of highway network around the application is safe to accommodate traffic associated with the proposed development. The Highway Authority therefore considers that the access arrangements are acceptable.

Accessibility

The site is located on the southern edge of the village and is within a short distance of 750m from to the services and facilities which the town has to offer and has access to regular bus services at Market Hill.

A pedestrian link is also proposed in the south western corner of the site enabling linkage to the existing footpath routes running along the southern boundary of the site to be achieved and increasing the site’s permeability. The provision of sustainable welcome packs has also been requested per household by the Highway Authority.

I consider that with the introduction of these measures, which can be secured via conditions, and through a S.106 agreement, the site will be reasonably accessible to key services and facilities, will integrate with adjoining residential development and is sustainable in terms of its location

Parking Provision

Whilst the location and layout of car parking spaces is a matter which will be determined at the reserved matters stage, the applicant identifies that there will be provision for a minimum of 2 spaces per dwelling for all of the dwellings up to 3 bed, and 3 spaces for any 4/5 bed dwellings which I consider is acceptable, in accordance with the provisions of paragraph 39 of the NPPF. Cycles parking will be provided within the garaging of properties or within sheds located in the rear gardens of the smaller properties.

Taking into account all of the above, I consider that the proposed development would not have an adverse impact on highway safety in relation to access, traffic generation or parking and provides access to local services, without the need to rely on the use of a private car, in accordance with the guidance contained in paragraphs 32 and 39 of the NPPF and saved policy DEV.4 of the Local Plan Review, which remains generally consistent with the NPPF and draft Core Strategy policy SC.25 which identifies that parking should reflect local circumstances.

Layout, scale, and appearance

The site is indicatively laid out to create active frontages throughout that allow a natural surveillance of the streets and open spaces. The indicative layout also provides a central street that gives priority to pedestrians and cyclists, with a number of secondary roads and natural traffic calming measures. For these reasons, I consider that the site is capable of achieving an acceptable layout for the number of units proposed.

Matters relating to design, layout, scale and appearance are reserved matters to be considered at the reserved matters stage.

Housing mix and affordable housing

Paragraph 50 of the NPPF refers to the need to deliver a wide choice of high quality homes to create sustainable, inclusive and mixed communities, and to include appropriate provision of affordable housing. Saved policies COM.13 and COM.14, whilst now quite old, seek to secure affordable housing and a mix of housing types and therefore still have some consistency with the NPPF. The most recent evidence base is now the Coventry & Warwickshire SHMA published in November 2013.

I note that the scheme would secure 35% of the total number of houses will be affordable housing, which would meet the target established in the evidence base (Affordable Housing and Core Strategy Viability Assessment March 2014)) supporting emerging Core Strategy policy CS.17.

Residential amenity

Guidance in paragraph 17 of the Framework is to always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings. This is reflected in Draft Core Strategy policy CS.9 which is attributed some weight. Saved policy DEV.1 of the Local Plan Review is consistent with that insofar as it seeks to safeguard the amenity of neighbouring properties.

The indicative layout, siting, size, height and design of the proposed dwellings are such that I am satisfied a reserved matters scheme could provide dwellings that are provided with acceptable levels of separation, both to future occupiers and existing neighbouring properties, in line with the separation guidance contained in the Council’s ‘Extending Your Home’ Guide and, having regard to paragraphs 56 and 58 of the Framework, saved policy DEV.1 and draft Core Strategy policy CS.9.

Provision of Public Open Space

The NPPF, at paragraphs 58 and 73, encourages access to high quality open spaces and opportunities for sport and recreation. Saved policies COM.4 and COM.5 also seek to secure appropriate standards of open space provision and therefore remain broadly consistent with the provisions of the NPPF. Having regard to this, where there is a deficiency in public open space, new development proposals should seek to make new provision available.

I have had regard to the Arup PPG17 Open Space, Sport, Recreation Assessment Update (September 2014).

The open space update 2014 identifies that Southam has a deficit of 0.3ha of Parks & Gardens and Amenity Space, a deficit of 0.43ha of Unrestricted Natural Accessible Greenspace and a deficit of 1.03ha of Children and Young People's Equipped Play Facilities.

The indicative layout identifies the provision of approximately 7,620 (0.76 sq m) amenity space and approximately 0.18ha (1,800sqm) of unrestricted natural greenspace.

A substantial play area, known locally as ‘The Recreation Ground’, lies to the east of the site. It is proposed to provide an off-site contribution of £72,880.28 towards the maintenance of these and/or other existing play facilities within the locality and also to provide an off-site contribution of £3,288.48 towards allotments and community orchards. The Town Council are supportive of this approach.

I therefore consider that sufficient provision of open space is proposed which complies with Policies COM.4 and COM.5 of the Local Plan Review and Policy CS.24 of the Core Strategy.

Other matters

Drainage and Flood Risk

Paragraphs 100 to 104 of the NPPF seek to ensure that development considers impact of flood risk. Saved policies PR.7 and DEV.7 remain generally consistent with the NPPF. Policy CS.4 of the emerging Core Strategy seeks to maintain the floodplain; manage the risk of flooding in a catchment area and achieve good status for water bodies by, amongst others, locating development in Flood Zone 1, securing SUDs solutions to surface water drainage, managing run off from sites and ensuring that foul drainage flows are kept separate to surface water drainage.

A sustainable drainage system (SuDS) is proposed to reduce run off rates and mitigate against the impact of increased run off. The drainage system includes an attenuation pond in the south eastern corner of the site, permeable surfaces and possibly tanked systems. The River Stowe to the south of the site is identified as a viable point of discharge and water flows are proposed to be restricted to a greenfield rates of runoff less 20%.

Foul water is proposed to drain directly to the Severn Trent Water sewage pumping station compound located to the south east of the site. Furthermore a number of public sewers cross the site and it is anticipated that 4 separate sewage diversions will be required to accommodate the proposed development.

The site is in flood risk zone 1 which is the preferred area for housing developments. A flood risk assessment supports the application and concludes the risk of flooding is low, will not impede flood flow, will not result in a net loss of floodplain and will not increase flood risk within or external to the site. The Environment Agency, Seven Trent and Warwickshire County Council Drainage have all assessed the proposals and raise no objections subject to conditions. I therefore consider that the drainage proposals are in accordance with the provisions of paragraphs 93-108 of the NPPF and saved policies PR.7 and DEV.7 of the Local Plan Review, which remain broadly consistent with the NPPF.

Archaeology

The applicant has provided an archaeological assessment of the site in support of their application which concludes that there are no designated or non-designated heritage assets within the site boundary. The report acknowledges that the site is likely to have remained in agricultural use throughout the medieval and post-medieval periods however may have been utilised during the prehistoric and early medieval periods. There is evidence of former ridge and furrow however this has been removed in the latter part of the 20th century through ploughing. I consider that in light of the conclusions of the report it is reasonable to require written scheme of investigation prior to the commencement of development. For these reasons, I currently consider that the proposed development would be acceptable having regard to the provisions of the NPPF (Section 12). Saved policy EF.11 of the Local Plan is not considered consistent with the NPPF, as it is a more restrictive policy than the NPPF and therefore afforded limited weight.

Ecology

The application has been supported with the submission of an extended Phase I Habitat Survey, Botanical Survey, Reptile Survey and Bio-diversity Impact Assessment. The ecology studies and surveys commissioned by the applicant demonstrate that there is little biodiversity interest on site. The main features of

interest are the boundary hedges and trees which are shown as being retained and this can be secured by planning condition.

The site would result in a small bio-diversity loss however this is not considered to be significant. Enhancement measures are proposed including the provision of an ecological corridor along the southern boundary of the site, hedgerow planting and planting of hibernacula for amphibians, reptiles and hedgehogs.

The County Ecologist has assessed the proposals and raises no objections and recommends a number of conditions. Natural England also raises no objections. For these reasons, I consider that the development would have an acceptable ecological impact in accordance with paragraph 118 of the NPPF, saved policies EF.6 and EF.6 of the Local Plan Review and policy CS.6 of the emerging Core Strategy and the provisions of the NERC act.

Loss of Agricultural Land

Paragraph 112 of the NPPF identifies that Local Authorities should seek to use areas of poorer quality land in preference to that of higher quality. It is understood on the basis of the applicant’s submissions that the land is Grade 3 agricultural land. However, it is not defined whether the land is Grade 3(a) or Grade 3(b)

It is not clear therefore whether the land should be regarded as the best and most versatile land (BMV) which is classified as grades 1, 2 and 3a. Accordingly, in the absence of greater detail it is considered that policies which seek to protect BMV in the NPPF would apply in this instance.

Whilst there is some harm resulting from the loss of 2.5ha of agricultural land some of which may be BMV, taking into account the requirements of paragraph 112 of the NPPF, I do not consider that the loss of this agricultural land on its own would outweigh the benefits of the scheme to justify a reason for refusal.

Planning Obligations

The below requested contributions are considered by officers to be compliant with the CIL Regulations at the time of writing this report.

Affordable Housing

35% of total housing numbers in accordance with the Council’s standards

Highways

Warwickshire County Highways have requested the following contribution in the event that a planning permission was granted:-

- £75 per dwelling for travel packs

Libraries

Request contribution of £1,116 to improve, enhance and extend the facilities or services of specified library service

WCC Rights of Way

Request contribution of £1,982 within 1.5miles of the site

Education

Request £ 192,287 towards Secondary and Sixth Form education

NHS South Warwickshire Hospital Trust (acute care) – Request £45,910.63 towards additional facilities to meet patient demand.

[N.B. The Council’s Cabinet on 16.3.15 agreed an interim policy that where South Warwickshire NHS Foundation Trust has sought a contribution towards healthcare that such a contribution should be secured via a S106 agreement, subject to the Head of Environment and Planning being satisfied that such a contribution would be CIL compliant. If the contribution is not considered to be CIL compliant then it will not be collected]

Conclusions

Whilst the proposal conflicts with some of the saved policies of the Development Plan, some of these policies are not wholly consistent with the NPPF. Whilst the principle of the proposal does not accord with the Development Plan as a whole there are other material considerations that have been taken account of.

The ‘golden thread’ running through the NPPF is the presumption in favour of sustainable development. It gives three dimensions to sustainable development: social, economic and environmental. These should not be assessed in isolation, because they are mutually dependant. On this basis, I have concluded that the proposal is sustainable development.

I acknowledge that the Council cannot demonstrate a 5 year housing land supply, and therefore, its relevant housing policies are considered to be out of date. Where the development plan is out of date, the decision taker should grant planning permission, unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, or, where specific policies indicate development should be restricted (Paragraph 14).

Assessing the planning balance, I consider that the benefits from the scheme would be:

Creation of short term construction jobs. Longer term support for the local economy from new residents. New homes bonus. Provision of new homes in a sustainable location, contributing towards

meeting and maintaining the Council’s 5 year housing land supply Delivery of affordable housing

In addition to the benefits listed, I have no objection in relation to highway matters, heritage matters, residential amenity, impact on ecology, drainage and flood risk, and local infrastructure in the form of education, libraries and public footpath improvements (subject to the payment of adequate financial contributions and imposition of conditions).

With regards to the potential harm arising from the development, I consider that Harm to part of a locally designated Area of Restraint (but limited harm to

localised views and the wider landscape) Loss of 2.5ha of agricultural land There would be ‘less than substantial’ harm to the rural setting of a grade II

listed Scheduled Ancient Monument The Holy Well, Southam Conservation Area and the Grade I Church of St James. The level of harm is at the middle range of the scale of impact and there would only be limited impact on the significance of these designated assets.

I have concluded that the benefits of the scheme would outweigh any identified harm.

Recommendation

Whilst officers have made a recommendation on the basis of the Development Plan and other material considerations it is for the Committee to weigh and balance these in coming to a decision.

It is recommended that subject to:the satisfactory completion of a S.106 agreement to provide the following requirements and contributions with delegated authority to the Head of Environment and Planning in consultation with the Chairman of the Planning Committee in respect of any final negotiations:

Highways – £3,825 (£75 per dwelling in relation to providing Sustainable Welcome packs)

Libraries - £1,116 to improve, enhance and extend the facilities or services of specified library service

Footpaths – £1,982 within 1.5miles of the site

POS– Standard clauses to be included to ensure the on-going maintenance of public open spaces

Affordable Housing – 35% to be provided in accordance with the Council’s standards

Education - Request £ 192,287 towards Secondary and Sixth Form education

South Warwickshire Hospital Trust (acute care) - Request £45,910.63 (if considered to be CIL compliant)

the Planning Manager be authorised to GRANT outline planning permission, subject to the following conditions and notes, the detailed wording and numbering of which is delegated to officers:

Permission Definition Conditions1. Details of the Access, layout, scale, appearance and landscaping. 2. Application for approval of reserved within 3 years,3. Development not begun later than 2 years from the date of approval of last

reserved matters to be approved.4. Plans to which decision relates for the avoidance of doubt. 5. Maximum number of dwellings to be erected on site of 51.6. Removal of Permitted Development Rights under Part 4 of Schedule 2 of the

Town and Country Planning (General Permitted Development) Order 2015 for buildings, compounds, structures or enclosures which are required temporarily in connection with the development.

Pre-commencement Conditions7. Existing/finished Levels details8. Surface water Drainage proposals including SuDS maintenance scheme9. Foul drainage proposals10. Construction Method Statement and Management Plan including details of

buildings, compounds, structures or enclosures which are required temporarily in connection with the construction of the development HGV routing Plan

11. Prior to construction of any dwellings on site, provision of vehicular access implemented from Maunders Croft (or subsequent approved revisions of these works).

12. A Landscape and Ecology Management Plan

13. Method statement for reptiles and nesting birds14. A detailed scheme for the provision, specification, siting, maintenance of

incidental open space and landscaped areas on the site.15. Water Supplies and Fire Hydrant provision16. External lighting details (including near potential bat/wildlife corridors)17. Tree/hedge protection measures18. Archaeology investigation

Pre-occupancy Conditions19. Provision of water butts20. Provision of wheelie bins

Notes:1. S278 Highway Works2. S38 Highway works3. Severn Trent advisory note – public 4. S1067. Duty to cooperate

ROBERT WEEKSHEAD OF ENVIRONMENT AND PLANNING

Update Report for Planning Committee (East) 16th December 2015

Committee Planning Manager: Liz Nicholson

15/03833/OUT – Land off Falkland Place, Temple Herdewyke

Ward Member Consultation Response

Councillor Kettle is supporting the proposal for 94 houses at Temple Herdewyke as an enhancement to the existing approved planning application for 59 houses. By including a funded community building in the application, the application will provide enhanced facilities to the existing residents of Temple Herdewyke as well as providing 35 additional houses to meet the District's Housing need. (15.12.15)

Amended Officer Recommendation

Proposed Condition no.5 on page 30 of the committee report is amended to:‘Maximum number of dwellings to be erected on site of 94’

Delete condition 34 on page 31 of the committee report: duplication of condition 19

15/02047/OUT Land off Manders Croft, Southam

Amendments to report

Page 35 Application Reference should refer to 15/02047/OUT and Description of Development – Bullet point regarding affordable dwellings should omit reference to “75% social rented and 25% intermediate housing” and replace with “tenure to be agreed as a part of the S.106 agreement”.

Reference is made in the report to the ‘Holly Well’ Scheduled Ancient Monument and ‘Maunders Croft’. These should be replaced with ‘Holywell’ and ‘Manders Croft.’

Additional comment received from Southam Town Council – 09.12.2015Requested the application is deferred unless Highways had carried out a physical traffic survey. Raised concerns that only the ‘Trip advisor Model‘ has been used which won’t provide accurate position of the situation on the ground.

Additional Highway Authority comments – 11.12.2015- Identify that TRICS data was not used to estimate existing traffic flows. This was undertaken using physical traffic surveys. In order to estimate the likely trip generation of the proposed dwellings, the Transport Assessment presented results for both TRICS and the analysis of surveyed data. It concluded that the TRICS data indicated slightly higher trip generation than that derived from surveyed data on Watton's Lane, so the TRICS data was used in the assessment. The Transport Assessment for the current application at Manders Croft used the surveyed data to model the impact of the proposed development on the operation of the High Street / Park Lane junction using PICADY9. The data was collected within the last three years, so is considered acceptable in principle subject to the use of appropriate techniques to account for the growth in background traffic between the date of surveys and the 'design year' that the development is forecast to be fully occupied.

14/03169/FUL – Land off South of Napton Road, Napton on the Hill

No updates

15/01834/OUT – Land off Stratford Road, Tredington

Councillor Saint has provided an update to his comments following the amendments to the development proposal. He advises as follows:

“Nature of submission: No representation

My earlier comments, on file relate to a very different application. The applicants have revised their scheme in the light of local representations. Having studied the local evidence about flooding, I am satisfied that the proposals are set back sufficiently far from Back Brook to remove new property from the risk of flooding. Landscape considerations remain. The layout, though not for approval at this stage appears to be more sensitive to the potential outlook for local residents in that area.” (16.12.15)

PLANNING COMMITTEE (EAST)

16 December 2015

MINUTES

Held at Main Hall, Kineton High School, Banbury Road, Kineton CV35 0JXMeeting commenced: 6.05 p.m. Meeting ended: 8.05 p.m.

Present: Councillor Danny Kendall (Chairman), Councillors A Parry, P Barnes, M C Brain, T Bromwich, A Crump, C Kettle, C Mills and C Williams

Prior to commencing the business before the Committee, the Chairman reported that Councillor Bromwich had been appointed to the Committee as a replacement for Councillor Dalla Mura. Councillor Kendall welcomed Councillor Bromwich to the meeting.

643. Application No. 15/02047/OUT - Land Off, Manders Croft, Southam

In accordance with Minute 640 above, Councillor Bromwich withdrew from the table for this item.

Following the public speakers session, Councillor Crump disclosed he was a member of Southam Town Council and that he would leave the table and take no further part.

APPLICANT Banner Homes Midlands LtdAPPLICATION SITE Land off, Manders Croft, SouthamPROPOSAL Development of approximately 51 dwellings,

access, and other associated worksSPEAKERS Cllr G Oubridge – Southam Town Council –

ObjectingMr B Thomas – Resident – ObjectingMr R Bellamy – CALA Homes

Updates since the preparation of the Officer’s report were circulated to the Committee as set out on the attached sheet.

Having considered the application and the representations made at the meeting a motion to DEFER the application in order that Members could attend a site visit, was proposed by Councillor Parry and seconded by Councillor Kettle. On being put to the vote, 3 Councillors voted in favour and 4 Councillors voted against, therefore the proposal was lost.

Subsequently, a motion of GRANT was proposed by Councillor Brain and seconded by Councillor Williams.

Thereafter, by 4 votes to 3 votes, it was

RESOLVED:

That, subject to the satisfactory completion of a S.106 agreement to provide the requirements and contributions detailed in the report, with delegated authority to the Head of Environment and Planning in consultation with the Chairman of the Planning Committee in respect of any final negotiations, Planning Application 15/02047/OUT be GRANTED subject to the following (the detailed wording of which be delegated to Officers):

the 20 conditions contained in the report, including the amendments as detailed in the update report; and

the 7 notes contained in the report.