To consider a report by the Head of Planning.
Minutes:
The
Committee considered application 6/2020/0013 to erect 17 dwellings and the
creation of an access and associated parking and landscaping at land at White
Lovington, Bere Regis.
Councillor Peter Wharf -
one of the two local Ward Members – had requested that the
application be presented to Committee due to concerns regarding the perceived
increase in dwellings compared to the number allocated in the Bere Regis
Neighbourhood Plan.
With the aid of a visual presentation,
officers provided context of what the
main proposals, principles and planning
issues of the development were; how
these were to be progressed; how the
development would contribute to
meeting housing needs; and what this
entailed. What the application entailed – with 6 of the dwellings being affordable, with monies
provided to secure 40% provision - and the planning history of the area – the site being allocated for
residential development in the Bere Regis Neighbourhood Plan (BRNP) - were also detailed. The presentation
focused on not only what the development entailed and its detailed design, but what benefits it would
bring and the effect it would have on
residential amenity and the character the area.
Plans and photographs provided an illustration
of the location, orientation,
dimensions – form, bulk, size and mass - and
appearance of the development
and of the individual properties, with
examples being given of how typical
properties would be designed, along with
their ground floor plans; how it would look; proposed street scenes; the
materials to be used; access and highway considerations; environmental
considerations; the means of landscaping and screening and its setting within
that part of White Lovington and the wider landscape of Bere Regis,
particularly that - whilst it was within the Settlement Boundary of Bere Regis - it
was within 400m from Black Hill Heath ,designated as SSSI heathland and Dorset Heaths Special Area of
Conservation.
Officers showed the development’s
relationship with other adjacent residential
development and how the buildings were
designed to be in keeping with the
characteristics of the established local
environment. The characteristics and
topography of the site was shown and its
relationship with the highway
network and to properties in the adjoining
roads in particular. Views into the
site and around it were shown, which
provided a satisfactory understanding of
all that was necessary.
How the relationship between the proposal
and the provisions of the Local Plan; the NPPF and the BRNP were applied and
what considerations needed to be given to each were explained, as well as the
weight to be given to each.
In summary, officers planning assessment
adjudged that the overall design of
the development was now considered to be
largely acceptable, with all,
significant, planning matters having been
appropriately, or adequately,
addressed. Having assessed the material
considerations these
were seen to be acceptable and sufficiently
compliant with national and local planning policies – and addressed and
complied with the provisions of the Neighbourhood Plan - so the recommendation
being made by officers to approve the application was based on this.
The Committee were notified of the written submissions
received and officers read these direct to the Committee – being appended to
these minutes. Having heard what was said, officers responded to some of the
pertinent issues raised, being confident that each one could be addressed by
the provisions of the application.
Formal consultation had seen an objection
from Bere Regis Parish Council. The Committee were then notified of those
written submissions received and officers read these direct to the Committee. Key issues and objections
raised, the Parish Council included, related primarily to concerns that the
proposals were not in accordance with the BRNP because the proposals were for
17 dwellings and this is considerably more than
the ‘approximately 12’ cited in the Plan. Having heard what was said, officers responded to some of the pertinent
issues raised, being confident that each one could be addressed by the
provisions of the application.
Of importance was that
officers did not consider that the proposal conflicted with the BRNP for the
following reasons:
• the site
is allocated for housing in the BRNP
· Policy BR7 stated ‘New
residential development will be allowed on the five
allocated sites shown on Map 3, comprising…
o White Lovington- Land
extending to about 1.0 Hectare (2.5 acres) approximately 12 homes’
• the
preamble noted that the site ‘should be developed at a lower density
to respect the existing development in that area’ but the policy did
not
include an upper limit on housing numbers and the impact of the
proposed development on the character of the area is considered appropriate.
• The
Neighbourhood Plan encouraged developers to ‘work closely with
BRPC, parishioners and PDC to consider development density and
architectural styles before submitting planning applications for any of
the
sites’ but such
engagement was not a policy requirement which could
influence
the determination of the application.
The Committee were informed
that in the light of the Housing Delivery test it has been necessary to
consider this application against paragraph 11 of the National Planning Policy
Framework (NPPF). In this case the NPPF policies did not provide any clear
reasons for refusing the development proposed and no adverse impacts had been
identified that would outweigh the benefits. The proposed erection of 17
dwellings made efficient use of land without harming the character of the area
and would contribute to housing supply, including the provision of affordable
housing which can be secured by a planning obligation. The proposed dwellings
were considered to be of an appropriate scale, size and design and acceptable
in terms of impact on the character and appearance of the local area. The
impact on neighbouring amenity, highway safety, biodiversity and drainage were
also considered to be acceptable subject to conditions and securing appropriate
heathland mitigation via a planning obligation. The proposal was therefore
considered to be sustainable development for the purposes of NPPF paragraph 11.
The application had been considered in the light of the presumption in favour
of
sustainable development
so officer’s view was that permission should be granted. It was now for the
Committee to adjudge whether this was the case and whether the number of
dwelling proposed was acceptable.
The opportunity was then given for members
to ask questions of the presentation and what they had heard, in seeking
clarification of aspects so as to have a better understanding in coming to a
decision.
Some important points raised were:-
· access
arrangements being proposed as they were and the possible use of Rye Hill.
· footway
needs and how these were to be accommodated.
· access to
the rear of properties and what measures were in place to manage this.
· what
Heathland mitigation there was to be and the timeframe for this and an
understanding that the south western part of the site was unlikely to be
developed because of heath.
· how the
number of buildings proposed conformed with the Neighbourhood Plan and what
considerations should be taken in to account in how this might be
satisfactorily addressed so as to provide what was necessary and, in doing so,
maintain the affordable housing ratio.
· the
provision for green space/ recreation.
Officers addressed the questions raised
providing what they considered to be satisfactory answers, which the Committee
saw as generally acceptable.
Whilst the majority of the Committee
considered the proposal to be acceptable - understanding the fundamental issue
of housing land supply and the delivery of the necessary number of houses in
Purbeck, given it had failed the housing delivery test, there was a presumption
to grant unless there was clear reason otherwise to demonstrably outweigh this
- members considered that this development would significantly contribute to
the housing supply in Dorset and was seen to be an asset. A balanced judgement
had to be made on what number of dwellings was acceptable but, given the
officer’s recommendation and the basis for this; that the site was allocated
for residential development; that this development would make the best use of
the land available and still be deemed as being too dense - with affordable
housing being guaranteed - then they considered the proposal to be acceptable,
as proposed. Moreover, it was mentioned that if the number of properties were
to be reduced, this would have an adverse effect on the affordable number too.
However other members were of the view that
whilst affordable housing should be welcomed, in their view this didn’t
override the provisions of the BRNP and what this was designed to achieve –
through a democratic process – in terms of housing numbers, and that its
provisions should be upheld. They considered that the applicant should have
made a greater effort to engage with the Parish Council on how the application
might be seen to be acceptable.
The Solicitor clarified that the planning judgement to be
made was not necessarily to focus on a quantifiable assessment, but should be
based on a quality, density and impact assessment. Moreover, absolute numbers
were less crucial to any decision than, if the Committee were minded to refuse
- should state why 17 was considered unacceptable.
Having had the opportunity to discuss the
merits of the application and an understanding of all this entailed; having
taken into account the officer’s report and presentation; the written
representations; and what they had heard at the meeting, in being proposed by
Councillor Shane Bartlett and seconded by Councillor Robin Cook, on being put
to the vote, the Committee agreed - by 6:4 - to grant permission, subject to
the conditions set out in paragraph
17 of the officer’s report.
Resolved
1)That planning permission be granted for
application 6/2020/0013 subject to the conditions set out in paragraph 17 of
the report.
B) That planning permission be refused for
the reasons set out in paragraph 17 of the report if the s106 obligation is not
completed by October 2021 or such extended time as agreed by the Head of
Planning.
Reasons for Decisions
• The land is allocated in the Bere Regis
Neighbourhood Plan for residential
development.
• The location is considered to be
sustainable and the proposal is
acceptable in its design and general visual
impact.
• It is possible to secure mitigation to
make the development acceptable in
relation to internationally protected Dorset
Heathland.
• There are no material considerations which
would warrant refusal of this
application
Supporting documents: