Agenda item

To consider a report by the Head of Planning.

 

Due to unforeseen technical issues which meant letters e-mailed to consultees in advance of the 28th July 2021 Eastern Planning Committee meeting had not been sent, officers (in consultation with the Eastern Planning Committee chairman) have made the decision to return this application to the Eastern Planning Committee for consideration. The officer report remains unaltered.

The Service Manager for Development Management and Enforcement considers that the concerns raised by the Parish Council warrant the application being considered by the planning committee. The Chairman of the Committee endorses this.

 

The Committee considered an outline application - 6/2019/0639 - for up to 15 residential dwellings, site re-profiling and associated infrastructure, with all matters reserved apart from vehicular access from West Lane at Land North of West Lane, Stoborough, Wareham.

 

The Service Manager for Development Management and Enforcement considers that the concerns raised by the Parish Council warrant the application being considered by the planning committee.

 

Due to unforeseen technical issues which meant letters e-mailed to consultees in advance of the 28th July 2021 Eastern Planning Committee meeting had not been sent, officers (in consultation with the Eastern Planning Committee chairman) made the decision to return this application to the Eastern Planning Committee for consideration. The Chairman of the Committee endorsed this. The officer report remained unaltered.

 

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. The presentation focused on not only what the development entailed and its detailed design, but what effect it would have on residential amenity and the character the area, including the Dorset AONB and taking into account the policies against which this application was being assessed, with consideration also being given to the Arne Neighbourhood Plan.

 

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 Stoborough and the wider landscape - including the AONB the nearby heathland and its proximity to the River Frome.

 

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. Views into the site and around it was shown, which provided a satisfactory understanding of all that was necessary. As part of the scheme, a footway would be provided linking the development to the village and a SANG would be provided for recreational needs.

 

How the relationship between the proposal and the provisions of the Local

Plan; the NPPF and the Arne NP 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 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, so the recommendation being made by officers to approve the application was based on this.

 

The Committee were notified of written submissions 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.

 

The Local Ward member, Councillor Beryl Ezzard, took the opportunity to address the Committee, in objecting to the proposal on the grounds of the delivery of affordable housing being compromised at the expense of the provision of a footway; the considerations of a Rural Exception site; that the application did not necessarily accord with the Arne NP; the adverse effect it would have on the AONB; highway safety concerns and; particularly, concerns regarding flooding, given her experience of the sites conditions. Accordingly, she considered that at the very least the application should be deferred to provide for the necessary hydrological assessment being available. She was also disappointed at the absence of reference to Council’s Climate Change emergency.

 

The other Ward member, Councillor Ryan Holloway, also addressed the Committee, in objecting to the proposal due to the amount of affordable housing provided, the location of the development flooding concerns, highway safety provision and environmental issues during construction He was also concerned that the adopted Arne NP did not accord with what was being proposed.

 

Formal consultation had seen an objection from Arne Parish Council in that

the Neighbourhood Plan stated that site should not be used for development, this should not be considered as a Rural Exceptions site, as the proportion of open market housing was too high; flooding concerns; noise concerns; a lack of pedestrian link to the village; and there would be an increase in traffic and impact upon highway safety.

 

In addition, 26 objections, and a petition with 35 signatures, were received citing environmental; - particularly flooding – amenity; traffic; and development concerns, as well as not being an allocated site and not being in accordance with the Arne Neighbourhood Plan.

 

The principal concern of Ward Members, the Parish Council, objectors and contained in those written submissions was about flooding and surface water runoff and containment and how this could adversely affect the residents in Hollow Oak Road.

 

Having heard all 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.

 

With regard to flooding officers confirmed that the Environment agency was satisfied that their assessments indicated that this would not be an issue, but that there would be provision for a detailed hydrological study to be made to confirm this assertion when a Reserved Matters application was submitted and could be considered in more detail by Committee at that time. There was also no reason to believe that surface water run off would affect Hollow Oak Road either, given the alignment and configuration of levels proposed within the site.

 

Officers also confirmed at a s106 would provide for the footway necessary to link the site with the village and that this application was not being made under the Rural Exception site criteria.

 

The application accorded with the Neighbourhood Plan which did not identify any particular site for development, this application being made on the basis of the availability of small sites for modest development.

 

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 up to 15 residential 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 could 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 and which they considered still required clarification were :-

·        access arrangements

·        footway needs and how these were to be accommodated

·        how flooding and drainage issues would be satisfactorily managed

·        what Heathland mitigation there was to be

·        the effect on the Dorset AONB

·        how the number of buildings proposed; their affordability, allocation and where they were to be sited conformed with the provisions of 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 - and clarification needed - providing what they considered to be satisfactory answers, which the Committee saw as generally acceptable.

 

Of importance was that officers did not consider that the proposal conflicted

with the Arne Neighbourhood Plan (NP) for the following reasons:

·        that although the NP formed part of the Development Plan documents that must be considered when assessing the application, it did not allocate any specific sites for development. Therefore, in the absence of a site allocation policy within the NP and taking into account the Housing Delivery Test results for the Isle of Purbeck, it was reasonable to conclude that there was a presumption in favour of sustainable development on the site.

·        for the above reasons, it had been found that, 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 of the provision of affordable and market housing. The proposal was therefore considered to be sustainable development for the purposes of NPPF paragraph 11 and approval was being recommended subject to conditions and a s106 legal agreement to secure the affordable housing and necessary highway improvements. Accordingly, the application relied on this policy to deliver small sites for housing need.

·        given that the site was in the Dorset AONB, some concerns had been raised as to the detrimental impact this development would have. However, officers had given great weight to the localised harm to the AONB - taking into account the AONB Management Team’s views - officers considered that the substantial public benefits of providing 15 homes, including 7 affordable dwellings (plus an off site affordable housing contribution), were sufficient to outweigh any harm.

·        what was being proposed was designed to satisfy need as identified in the Arne Parish Housing Needs Survey - in terms of the provision of affordable housing – and, although being below the 50% proposed, a commuted sum would be required to redress this, equating to £82,500.

 

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 meet the identified need and should be seen to be an asset. Moreover, the SANG being provided was within reasonable distance, there would be an improvement for the village with the provision of a pavement, ensuring a safer route to school, meets need in Purbeck fallen below housing provision delivering. 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 this was an acceptable small development which would make the best use of the land available - with affordable housing being guaranteed – and in the absence of any other

development land being identified in the Arne NP, then they considered the proposal to be acceptable, as proposed.

 

However other members were concerned at the risk that flooding might pose, particularly after what they had heard from the local members and in written representations. Moreover, they were of the view that whilst affordable housing should be welcomed, in their view this didn’t override the provisions of the Arne NP and what this was designed to achieve – through a democratic process – in terms of housing allocation and location, and that its provisions should be upheld. They also were concerned about the adverse effect the development would have on the Dorset AONB, nearby Heathland, the effect of flooding and highway safety provision and concern over second homes.

 

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

7:4 - to be minded to grant permission, subject to the conditions set out in paragraph 17 of the officer’s report, with the enactment of their minded to decision being made by the Service Manager for Development Management and Enforcement

 

Resolved

1)That planning permission be minded to be granted, subject to conditions and the completion of a S106 Legal agreement – to provide (summary) affordable housing provision of 7 dwellings plus financial contribution of £82,500.

or

refuse permission if the legal agreement under section 106 of the Town and Country Planning Act 1990 (as amended) is not completed within 6 months from the date of committee or such extended time as agreed by the Head of Planning.

 

2)Having taken into consideration the Committee’s minded to decision, the

delegation to the Head of Planning to be authorised to grant permission be enacted, subject to the completion of a legal agreement under section 106 of the town and country planning act 1990 (as amended) in a form to be agreed by the legal services manager, to secure the following:

Affordable housing provision of 7 dwellings in accordance with the mix set out above plus financial contribution of £82,500.

 

Reasons for Decisions

·        As set out in paragraphs 17 in the report

·        The proposal is compliant with the Arne Neighbourhood Plan

·        Para 14 of the National Planning Policy Framework (NPPF) sets out that permission should be granted for sustainable development unless specific policies in the NPPF indicate otherwise

·        There is not considered to be any significant harm to neighbouring residential amenity.

·        There are no material considerations which would warrant refusal of this application