Agenda item

Report of the Assistant Director (Planning).

Report of the Assistant Director (Planning) on the erection of 37 dwellings following the demolition of the existing dwelling on the site.

 

This application is presented to the Development Management Committee because this is a ‘Major’ application located in the Green Belt and the recommendation is for approval.

 

The application site currently comprises a large garden serving a single detached dwelling opposite a petrol filling station and is located on the eastern side of Bypass Road between Bypass road and the A1 northbound.  The site itself is currently well screened by mature planting along each road frontage and therefore despite its edge of settlement position it does not have a clear countryside character.

 

On the north side of the site, there is an established residential development of houses and flats up to four storeys in height at Node Way Gardens. On the opposite side of Bypass Road to the west is the petrol filling station, and the junction with London Road is opposite the southern end of the plot

 

The site is located south of the village boundary within the Green Belt but it is not within a conservation area or close to any heritage asset.

 

Planning permission is sought for the erection of 37 dwellings following the demolition of the existing dwelling on the site. Seven dwelling houses are proposed in two short terraces of 3 and 4 rows of dwellings, parallel to the site frontage with Bypass Road. Thirty flats are proposed in four blocks, 3 of which are similarly designed and are aligned with the dwelling houses. A fourth block will be perpendicular to the road on the southern side of the site.

 

A single vehicular access will serve the development, and this would be created at the north-west corner of the site. The existing domestic access at the southwest corner would be retained for pedestrian and cycle access only.

 

It is noted that 3 neighbour representations have been received, none of which objected to the scheme. The comments concerned the impact of the development on cycling, the number of onsite parking spaces, the provision of bird boxes, the removal of trees and shrubs, and the need for a S106 agreement to upgrade the existing footpath.

 

In terms of the principle of the development, the site is allocated as a Housing Site in the emerging Local Plan. It therefore follows that the site is situated in a sustainable location. This is evidenced by the site’s location adjacent to an established residential area, its’ accessibility to bus and cycle routes on its western side and its’ proximity to Welwyn Village with its range of services and facilities which are all within walking distance.

 

The capacity of existing infrastructure is considered sufficient to be able to accommodate the development but in advance of the Adoption of the emerging local plan, the site remains in the Green Belt.

 

In terms of the harm to the Green Belt, there is no exception listed in Paragraph 149 of the NPPF that is relevant to this case. Whilst it is argued that the site constitutes previously developed land, the development proposed would clearly have a substantial impact upon the openness of the Green Belt over and above the existing buildings found onsite. As a consequence, the proposal represents inappropriate development.  Such development should not be approved except in very special circumstances (VSC) and local planning authorities should not approve inappropriate development unless the VSC clearly outweighs the potential harm to the Green Belt from the proposal which will be discussed in the planning balancing exercise.

 

In terms of design and appearance, the residential use would be consistent with the adjoining land use and the design and scale of the dwellings would be broadly similar with other homes in the area. 

 

The materials used would consist of red-multi bricks with timber cladding and tiled roofs, further details can be secured via condition. Notwithstanding the site’s location in Green Belt, the proposed development would not appear out of place in this edge of settlement location.

 

The mix of apartment blocks and short terraces of dwellings combined, show a development with visual interest and a reasonable mix of buildings and private spaces, all within a mature landscape setting. It is considered that with the imposition of planning conditions, the development is of a suitably high standard of design that would fit within its’ immediate setting.

 

In this case, the nearest neighbours are on the north side to the development. Due to the separation distance of at least 17 metres, the orientation of the dwellings, and the presence of mature landscaping, the neighbouring homes would not be significantly affected in terms of overlooking or loss of light and outlook.  The amenity of the existing occupiers is therefore considered to be maintained and it should be noted that no amenity concerns have been received.

 

Each of the proposed dwellings is designed to achieve the national Internal Space Standards. The seven dwellinghouses have individual garden spaces for external amenity and the flats each have either balcony space or, in the case of ground floor flats, patios and small gardens. All residents would therefore have access to some private external amenity space and the entire development would be within a landscaped setting with mature trees.

 

Due to the site’s location adjacent to the A1 motorway, there is potential for relatively high levels of noise on the site.  To address this constraint, the three apartment blocks are orientated parallel to the road and so provide a physical barrier screening the proposed homes to the west from noise.

 

Internally the rooms that face towards the motorway comprise of kitchens and lobbies, with living rooms and bedrooms located on the quieter sides of the flats.

 

The Council’s Environmental Health Officer did not raise an objection subject to noise related conditions being imposed. It is however recommended that the wording of the condition be amended to require only the private/communal amenity spaces and habitable rooms to meet the minimum noise standards instead of the requirement of all rooms and outdoor spaces. This will ensure the noise condition can be achieved without the potential need for the noise mitigation to involve tall acoustic barriers.

 

Subject to such a condition, the internal and external living conditions would be considered to meet a reasonable standard.

 

In terms of highway impacts, following revisions made, there were no objection from the Highway Authority subject to conditions including those securing some localised off-site road improvements. These conditions would ensure that the development would not adversely impact the local road network in terms of capacity or safety. No concerns were also raised with regards to the proposed access arrangement or visibility splays.

 

The proposal would provide a total of 56 car parking spaces and one secure cycle parking space for each dwelling which is considered sufficient for the development proposed.

 

The existing site already contains extensive tree and shrub cover, some of which would be lost as a result of the development. However, it is proposed to retain the key trees onsite and the proposal would include new planting designed to reinforce the landscaped character of the site in particular along its southern side which will include new tree and hedgerow planting.  Details of the species, the size of specimens and the density of planting can be secured by condition.

 

The Council’s Landscaping Team did not raise any objections provided a detailed landscape plan is secured via condition in addition to a Tree Protection Plan and Arboricultural Method Statement to minimise the impact on the remaining trees.

 

It is noted that there is also no harm subject to conditions to flood risk, drainage, ecology, and refuse facilities.

 

Turning to the planning balance, the proposal constitutes inappropriate development in the Green Belt in addition to a resulting in substantial loss of Green Belt openness. The scheme therefore conflicts with the development plan and significant weight is attached to this harm.

 

Paragraph 11 of the NPPF outlines that decisions should apply a presumption in favour of sustainable development, with the exception of land within the green belt. The policies most important for the determination of this application are deemed to be out of date as the Council cannot demonstrate a five-year supply of deliverable housing sites, and the delivery of housing is substantially below the housing requirements over the previous three years. However, because land designated as Green Belt is an asset of particular importance, the tilted balance is not engaged in this instance.

Notwithstanding this, in accordance with Paragraph 148 of the NPPF, where there is identified harm to the Green Belt, it is necessary to establish whether there are VSC that would outweigh the harm to the Green Belt and any other harm resulting from the proposal. 

 

The site has been designated as a New Site for housing in the Emerging Local Plan and has been classified as not making a significant contribution to the Green Belt designation.

 

Currently the Examination of the Emerging Local Plan has been concluded. Whilst there are still unresolved differences between cabinet and the Inspector, there are no significant objections to the allocation of this site for housing. Members are therefore advised that the draft Local Plan policies in relation to this site should carry significant weight given that these have been thoroughly considered by the examination.

 

In light of the clear and convincing need for additional appropriate housing sites in the borough and the borough’s acute affordable housing shortage, the delivery of, a not insubstantial 25 market homes, 12 onsite affordable homes and £42,000 in commuted sums towards off site affordable housing would be a substantial positive benefit of the development.

 

It is the view of officers that these factors, when considered collectively, demonstrate that VSC do exist in relation to this planning application and this site to justify inappropriate development in the Green Belt. When assessed against the policies in the emerging Local Plan and in the NPPF when taken as a whole, it is considered that there are no significant disadvantages that would demonstrably outweigh the benefits of the scheme. As such the proposed development within Green Belt is considered to be acceptable in this instance.

 

It is therefore recommended that the Committee resolves to grant planning permission, subject to the suggested conditions and completion of a S106 Agreement.

 

Members discussed the application and a summary of the main points raised are shown below:

 

The site is allocated as a housing site in the emerging Local Plan and is in a sustainable location. Officers advised that, as the site is in the emerging local plan with no significant objections to the site for housing, it should be given significant weight alongside the delivery of affordable houses. Officers are therefore of the opinion that this specific site, VSC do exist.

 

Dwellings achieve national space standards, and suitable amenity space in a landscape setting. The design is broadly similar to other homes in the area. There's no significant impact on neighbour amenity.

 

Parking meets the Council's SPG, with 10% electric charging.

 

Need to take into account the lack of the Council's five-year housing land supply.

 

Concerns were raised in relation to noise. Conditions are being secured to ensure that the internally habitable rooms and designated amenity areas will have appropriate noise levels. There's also been no Environmental Health objection subject to further assessment to be secured via condition.

 

There will be some loss of greenery. However, there are no objections provided a landscape plan and further Aboricultural details are provided. There's no actual harm to ecology, subject to conditions.

 

Some questions in relation to highway safety, but there have been no objections from the Highways Authority and there was no request for further speed restrictions as part of the scheme.

 

No Environmental Health objections were raised in relation to air quality subject to condition for green methods of travel to be incorporated into the scheme which will be via onsite cycle parking and electric vehicle charging provision.

 

Following discussion, it was proposed by Councillor Pankit Shah and seconded by Councillor Drew Richardson to approve the application.

 

RESOLVED:

(13 in favour - unanimous)

 

It is recommended that subject to the completion of a Section 106 agreement planning permission be granted subject to the conditions set out in the officer’s report