1.0 SITE DESCRIPTION
1.1 The application site is a former granary and other associated industrial buildings, located on the western edge of the small village of Milton Green and situated approximately 7 miles south of Chester. The village consists of a mixture of houses located along the A41 around its junctions with Chapel Lane and Frog Lane. The site fronts and has direct access from Chapel Lane, which runs from the western side of the A41.
1.2 The site is rectangular in shape and has a total area of approximately 1 hectare. It is located within the built-up envelope of the village, with houses on the opposite side of Chapel Lane and open countryside immediately to the south and west. A council depot is located immediately to the east of the site. The site is currently made up of 2 parts; the western side of the site is the Bob Austin site, which comprises a substantial, redundant grain-drying facility and silo, associated hardstanding and a grassed area to the rear; the eastern side is the Weatherwise site, which comprises a former grain-drying warehouse, portable office building and associated hardstanding. The Bob Austin site has not been in any active use for some 20 years and the remainder of the site unused since 2002. The buildings are in a poor physical condition.
1.3 The part of the site fronting Chapel Lane contains a number of mature trees, which are protected by a Tree Preservation Order. A public footpath runs adjacent to the western boundary of the site, along with a row of mature trees.
2.0PROPOSAL
2.1The proposals involve the demolition of all the existing buildings on the site and the erection of a new development comprising of 33 two-storey dwellings, including the provision of 13 affordable housing units, with a revised access being taken directly from Chapel Lane. The development would provide a mixture of detached, semi-detached and mews-style houses. Most of the mature trees to the front of the site would be retained, and areas of play and open space are proposed adjacent to Chapel Lane.
3.0RELEVANT PLANNING HISTORY
98/255/S73 - Renewal of outline planning permission 95/321/OUT for light industrial units. Approved 23.7.98.
98/1384/S73 - Non compliance with condition no.5 of previous planning permission ref. 98/255/S73 regarding the size limitations of individual units. Approved 12.7.99.
98/1395/S73 - Non compliance with condition nos. 6 and 7 of previous planning permission ref. 98/255/S73 relating to the limitation of development until the construction of the proposed Milton Green by-pass. Approved 12.7.99.
02/482/S73 - Variation of condition no.2 of permission 98/255/S73 to extend period for reserved matters for further 3 years. Approved 23.5.02
02/02028/FUL- Demolition of existing buildings and construction of offices and 24 dwellings. Refused 17/1/06. Appeal dismissed.
04/1414/FUL - Demolition of existing buildings and erection of part residential and part commercial development. Deferred by Planning Board on the 16th September 2005 to allow for the submission of additional financial justification. Withdrawn 4/1/06.
05/624/S73- Variation of condition 1 of 02/482/S73 to extend period for reserved matters of permission 98/255/S73. Approved 7/7/05.
Other Relevant Planning Applications:
The Oakroom PH, Newton-by-Tattenhall (10/11211/FUL)- Demolition of existing buildings and erection of 27 dwellings and 2 live/work units, refurbishment of shop and 7-room bed and breakfast extension. Refused 10/6/10. Appeal dismissed, principally on grounds of the lack of benefits to outweigh the locational disadvantages of the sitein terms of sustainability.
4.0 RELEVANT POLICIES
4.1 National
PPS1Delivering Sustainable Development
PPS3 Housing
PPS4Planning for Sustainable Economic Growth
PPS7Sustainable Development in Rural Areas
PPS9 Biodiversity and Geological Conservation
PPG13 Transport
PPS23 Planning and Pollution Control
Chester District Local Plan
ENV1Sustainable development principles
ENV2 Design to respect the surrounding area
ENV21Trees within new development
ENV24 Rural landscape features/character
ENV27 Nature conservation
EC1Allocation of employment land
EC2Areas allocated for employment land
EC5Land safeguarded for employment purposes
EC6Protection of existing employment land and buildings
HO3Affordable Housing
HO5Residential development on non-allocated sites
TR13/14 Parking provisions
TR19Highway impact
GE3Impact on neighbour amenities
SR5/7Provision of play and open space in new housing developments
Cheshire Replacement Waste Local Plan
10 Minimising Waste during Construction and Development
11ADevelopment and Waste Recycling
Supplementary Planning Guidance/Documents:
Sustainable Development
Affordable Housing
Design for Residential Development
Play and Open Space Provision in New Housing Developments
Car Parking in Developments in Chester
Planning for Community Safety
5.0CONSULTATIONS
1) CONSULTATIONS:
The Handley and District Parish Council raised concerns regarding traffic hazards, availability of school places for the future residents, inadequacy of the local drainage systems, density of development too great for the village/area, loss of new locally-needed employment uses from the proposals, impacts on the use of Chapel Lane as a bridle way, the need for the affordable housing to be available to families in Milton Green.
External consultees
Environment Agency has no objection but advises that surface water-run off should not be increased from the development.
Welsh Water has stated that it wishes to make no comment on the application as it proposes utilizing private drainage facilities.
Internal consultees
The Spatial Planning officer considers that the applicant needs to demonstrate marketing evidence to show why employment use or a mixed use would be unsuccessful at the site, residential development as an exception to policy should include 50% affordable housing, and that the sustainability of the site is justified.
The Housing officer supports the proposals, considering that the 40% affordable housing provision addresses the local housing need demonstrated in the Strategic Housing Market Assessment and meets policy requirements.
The Highway Engineer has raised no objection to the application.
The Environmental Protection Officers have raised no objection subject to appropriate conditions to safeguard the health and amenities of future residents from potential noise (from the adjacent depot site) and ground contamination.
The Landscape Officer supports the proposals on the basis that they will provide improved visual amenity of the locality, although raises concern regarding the density of development on the edge of the settlement and comments that the character should be kept rural.
The Arboricultural officer has commented that the design comes into conflict with several significant trees on the site, which are protected by a Tree Preservation Order, including the removal of a tree and impacts on tree roots and crowns from the new access. The application lacks an Implications Assessment. The officer does not support the application.
The Biodiversity Officer has raised no objection, considering that the proposals would not be likely to adversely affect any protected wildlife species, but advises that buildings are demolished/scrub clearedoutside the bird-nesting season, the reasonable avoidance measuressuggested in Bat/barn owl report are adhered to, the scrub at the northern end of site is retained and the inclusion of native scrub planting in landscape plan.
2) OTHER REPRESENTATIONS:~ 13 Received
The representations made a number of objections, the main basis of which can be summarised as follows:
1- Size, design and layout of development would harm character of the hamlet of 30 dwellings;
2- Traffic impact on highways and bridleway, including increased accident risks;
3- Problems associated with affordable housing;
4- Lack of schools, shops and services (inc. drainage) for future residents;
5- Overlooking;
6- Light, air and noise pollution and disruption to residents;
7- Set a precedent for the development of the adjacent Council depot site;
8- Flood plain risks;
9- Impact on wildlife (Great Crested Newts, Badgers and bats);
10- Loss of property value.
6.0ISSUES AND ASSESSMENT
6.1 The main issues to consider in the determination of this application include:
1. Principle of the development;
2. Character/appearance of the area
3. Highway safety
4. Residential amenity
5. Nature conservation
ASSESSMENT
The application (02/02028/FUL) submitted in 2002 for the demolition of the existing buildings and the construction of a mixed development of offices and 24 dwellings was refused. The appeal against the decision was dismissed in 2006 on the grounds that the density, design and layout of the proposed development would have a significantly harmful impact upon the character and appearance of the area, and that it had not been demonstrated that the amount of housing proposed was required to cross-subsidise the employment development to make it financially viable and satisfy the employment use requirements of the relevant Local Plan policies.
1. Principle of the development;
Part of the site is allocated for employment (Class B1) purposes under Policy EC2 the Chester District Local Plan. Policy EC5 states that land allocated for employment purposes will not be granted permission for any other use, to ensure that 130 hectares of employment land is available in the Local Plan area for the period 1996-2011. The remainder of the site (i.e. the Weatherwise part), is unallocated, but was previously used for employment purposes. Policy EC6 resists proposals resulting in the loss of existing employment land, unless it can be demonstrated that all reasonable efforts have been made to market the site without success and that the existing use is not commercially viable or environmentally acceptable.
The Bob Austin/granary part of site has been vacant for some 20 years and the buildings are in poor condition. This site has been actively marketed continually since 1992 to development companies and potential owner-occupiers with no real interest. The Weatherwise site has been marketed jointly with the Bob Austin site since late 2002 without any viable interest coming forward. The planning statement and Employment Land Report submitted with the application also state that the site has site specific issues which affect its attractiveness for employment uses, including the relative remoteness of the site from services and public transport compared to other employment sites, and limitations of the access road for the amount of traffic that could be associated with an office use. Whilst it was previously stated that part of the site could be developed for employment purposes as part of a mixed-use scheme, where higher land value generating uses could cross-subsidise the commercial element of the development, this option has similarly not seen any viable interest coming forward and is no longer a suggested in the updated employment land appraisal of 2009.
The lengthy and unsuccessful marketing of the site has demonstrated that it is unlikely that the site’s use for employment purposes would be commercially viable and that there is little prospect of the employment allocation site being delivered. The use of the land for an alternative to employment purposes would therefore, in principle, accord with Policy EC6 and not harm the purposes of Policy EC5.
The national planning advice relating to all new development is contained within PPS1, and its supplement on climate change. This places sustainability at the centre of land use planning. Similar advice is contained within PPS3 and PPG13. One of the main requirements of this body of advice is to ensure the prudent use of resources, as well as to provide improved access for all by ensuring that new development is located where there is access to services or facilities on foot, bicycle or public transport rather than relying on access by car. However, the advice recognises that this may be difficult in rural areas and that planning should seek actively to bring vacant and underused previously-developed land and buildings back into beneficial use. All development is required to be undertaken at a density that makes an efficient use of land. The preference to re-use previously-developed land within settlements and the need to address identified local need for affordable housing is also echoed in the advice within PPS3 and PPS7.
Local Plan Policy ENV1 permits proposals if they are in accordance with principles of sustainable development. The Sustainable Development SPD identifies key villages where new development should be focussed. Whilst Milton Green is not one of the identified villages, the guidance acknowledges that there may be other villages where residential development may be appropriate, subject to certain criteria being met. These include the site being previously-developed land, being located within 1.6km of a settlement with a range of services providing for daily needs and being well related to public transport (ideally within 800 metres of a bus stop providing a frequent service to Chester or key settlements). PPG13 advises that walking can offer the potential to replace the car for distances up to 2km.
Policy HO5 sets out the policy requirement for housing development on land, within Chester or settlements outside of the Green Belt, which is not allocated for such purposes. It requires such proposals to be assessed according to a range of criteria, including:
1. That the scale and type is appropriate for the location;
2. That it is well located in relation to access to existing shops and services by modes other than the private car;
3. That the site is not allocated for any other purpose in the local plan.
Milton Green is a small village comprised of 2 storey houses, and the proposal would represent a significant increase to the number of dwellings in the settlement. However, the site is already developed, and contains buildings having a dominating and imposing impact upon the western part of the village. The western side of the application site is allocated for employment development and Policy EC6 would permit, in principle, the redevelopment of the remainder of the site for employment development. The amount of development proposed would result in a density of approximately 30 dwellings per hectare. This would provide an amount of development previously identified in PPG3 as being the minimum to represent an efficient re-use of the land. The amount of development would not be readily visible in relation to the existing housing development due to the limited amount of proposed development (3 houses) facing onto Chapel Lane, the screening effects of the vegetation alongside the site and along Chapel Lane, and the development to the east and south-east of the site. Most of the proposed development would also be located over 8m from the western site boundary, behind a hedge and access road, and over 10m from the southern site boundary. The development would be 2 storey housing. Given these circumstances, and subject to the consideration below in relation to the impact upon the character and appearance of the area, it is considered that the scale and type of the proposed development would be appropriate for the location.
Milton Green has no shops or other facilities, with the exception of a car sales premises and Council depot. The nearest large village, with a range of services providing for daily needs, is Tattenhall. Milton Green is, however, located on the A41, 7 miles to the south of Chester and has bus stops either side of the A41 close to the junction with Chapel Lane. These bus stops are approximately 250m from the application site. The bus routes link Milton Green with the services available at both Chester and Tattenhall. The proposals include alterations to the bus laybys and road markings, as well as improvements to one of the bus shelters. Although the site is not remote from services, it is recognised that it would not be considered to be well located in relation to access to existing shops and services by modes other than the private car.
Although part of the site is allocated for employment purposes under Policy EC2, for the reasons given above, it is not considered that the proposal would harm the purposes of allocating the land or the principle of protecting it from development under Policy EC5.
As the proposal would fail to satisfy the second of the criteria of Policy HO5, it would fail to accord with Policy HO5, and the locational sustainable development aims of PPS1 and Policy ENV1. These aspects weigh against the proposals.
However, there are matters which weigh in favour of the proposals. As mentioned above, the site has been vacant for a number of years and there appears to be no reasonable prospect of it being used for the employment use preferred by relevant Local Plan policies. It contains buildings of poor condition which have a detrimental impact upon the character and appearance of the locality. The development of this previously-developed site within a settlement for an alternative use would accord with sustainable development principles and enable significant improvements to the visual amenities of the locality. These aspects weigh in favour of the development proposals.
The current housing land supply position for the borough is less than the required 5yrs supply (being only 4.4 years as of March 2010). In such circumstances paragraph 71 of PPS3 indicates that planning applications for housing developments should be considered favourably, having regard to, amongst other matters, the suitability of the site for housing. Clearly, housing development at this site would assist the Council in meeting that housing need without the need to develop Greenfield land. This also weighs in favour of the development proposals.