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It is recommended that authority to grant planning permission is delegated to the head of planning subject to the following planning conditions:
Standard Conditions 1. Approved plans
Pre-commencement above slab level 2. Sustainable Urban Drainage Scheme 3. Updated Biodiversity Mitigation & Enhancement Strategy 4. VALE NEWT CONDITION 1 5. Landscaping details (S38 and S278 works)
Pre-occupation 6. Noise Mitigation 7. Access as agreed 8. Visibility Splays as agreed 9. New Estate Roads to Highway Authority specification 10. No occupation until drainage scheme implementation 11. Boundary Details
Compliance 12. Tree Protection 13. Road Safety Audit 14. Off-site highway works 15. Construction traffic management plan 16. Residential Travel Plan 17. Travel Information Pack 18. Protected Species strategy 19. Foul Drainage Strategy 20. Contamination Risk Assessment 21. Tree protection 22. Landscaping Scheme (Implementation) 23. Details footpath link 24. Maintenance of Open Space/Play Areas 25. Landscape Management Plan 26. No Drainage to Highway 27. Electric Vehicle Charging Points
Informatives 28. Planning Obligations 29. Superfast Broadband |
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1.0 |
INTRODUCTION AND PROPOSAL |
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1.1 |
This application is presented to planning committee due to an objection from Stanford in the Vale Parish Council.
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1.2 |
The application site is a single field of around 4.85 hectares in agricultural use, with an access from the A417- Faringdon Road, and forms a part of a wider housing allocation known as Land West of Stanford-in-the-Vale, in the Local Plan 2031 Part 1.
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1.3 |
To the south of the application site is 78 dwellings consented in 2018 (ref. P18/V2031/RM) currently under construction. A planning application (ref. P21/V2334/FUL) for 82 dwellings (known as Former Seven Acres Nursery Site) has been recently approved by the Planning Committee, subject to completion of Legal Agreement s106. All three schemes form part of the same strategic allocation. The location plan is attached at Appendix 1.
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1.4 |
This application seeks to vary planning condition 1 (approved plans and documents) attached to planning permission P18/V2056/RM for the development of 100 dwellings with associated infrastructure.
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1.5 |
Condition 1 lists the approved documents which must be complied with when implementing the consented planning proposal. Since planning permission being granted for the Reserved Matters application in 2020, and in light of the shift to working from home, the applicant proposes to update 13 out of 100 consented dwellings, by offering more home office space. The changes maintain the approved Housing Mix and Affordable Housing provision.
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1.6 |
Further to that, the following amendments to the approved Reserved Matters scheme have also been sought:
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1.7 |
A map below illustrates the location of the application site in relation to the previously consented schemes: |
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1.8
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Amendments to the scheme Initially, it was proposed to update 22 dwellings (by including additional home office space), however the scheme now proposes to update only 13 out of 100 dwellings. |
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1.9 |
Since the submission of the application, the scheme was also amended to address technical issues raised by the Landscape Architect, Forestry Officer, OCC Highway Engineer, Waste Team, and the Stanford in the Vale Parish Council.
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1.10 |
The amended layout plan is attached at Appendix 2. All other plans and technical documents are available to view online at www.whitehorsedc.gov.uk. |
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2.0 |
SUMMARY OF CONSULTATIONS & REPRESENTATIONS |
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2.1 |
A summary of the most recent responses received is below. All comments can be viewed in full online at www.whitehorsedc.gov.uk.
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Final comments to be provided at the meeting
First Consultation (January 2022) Objection, for the following reasons:
· Housing mix: proposed home offices are simply renamed bedrooms; this will have an impact upon SHMA mix and is considered unacceptable |
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Residents |
Re-consultation (April 2022) One letter raising the following concerns has been received:
First Consultation (January 2022) One letter of support and one letter raising the following concerns have been received:
· Disturbance and noise generated by the construction works · Our privacy has been impacted due to our property being very exposed to the sites under construction
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Oxfordshire County Council – Transport Development Control |
Re-consultation (April 2022) No objection, points raised in the initial comments have been satisfactorily addressed
First Consultation (January 2022) Objection
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Oxfordshire County Council – Lead Local Flood Authority |
Re-consultation (April 2022) No objection
First Consultation (January 2022) No objection
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Re-consultation (April 2022) No objection
First Consultation (January 2022) No objection |
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Countryside Officer |
Re-consultation (April 2022) No objection
First Consultation (January 2022) Holding objection
required.
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Drainage Engineer |
Re-consultation (April 2022) No objection
First Consultation (January 2022) No objection
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Forestry officer |
Re-consultation (April 2022) No objection, subject to condition
First Consultation (January 2022) No objection
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Environmental Health Protection Team -Air Quality |
Re-consultation (April 2022) No objection
First Consultation (January 2022) No objection
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Environmental Health Protection Team - Contaminated Land |
Re-consultation (April 2022) No objection
First Consultation (January 2022) No objection |
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Environmental Health Protection Team -Noise |
Re-consultation (April 2022) No objection, subject to condition
First Consultation (January 2022) No objection, subject to condition
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Landscape Architect |
Re-consultation (April 2022) No objection
First Consultation (January 2022) Holding objection
· Plot 94 is located closer to the play area, 18m rather the expected 20m offset · The street tree of plot 93 is now located in the garden rather than in the street. There is space of the tree associated with plot 93 and 89 to be planted in the street rather than in the rea gardens.
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Waste Management Officer (District Council)
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Re-consultation (April 2022) No objection
First Consultation (January 2022) Holding objection
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Housing Team
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Comments received (May 2022) No objection
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Community Infrastructure Officer & 106 Officer |
Re-consultation (April 2022) No objection |
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Crime Prevention Design Adviser
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Re-consultation (April 2022) Comments received:
· Surveillance: - some house-types still lack ground floor windows · Defensible space: - concerns are maintained · Lighting: - a detailed lighting plan should be provided
First Consultation (January 2022) In the received comments concerns have been raised with regards to:
· Rear access routes: - the rear access route for plot 56 is secured as close to the front fascia of the property as possible · Surveillance: - some house-types lack ground floor windows · Defensible space: - defensible space and planting must be provided where private boundaries adjoin the public realm · Lighting: - a lighting plan should be provided
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3.0 |
RELEVANT PLANNING HISTORY |
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3.1 |
P21/V2970/DIS - Approved (08/04/2022) Discharge of conditions 7(residential travel plan) & 8(residential travel information pack) on application P16/V1589/O. (Residential development of up to 100 dwellings with associated access).
P19/V3237/RM - Other Outcome (20/03/2020) Reserved Matters application following outline approval P16/V1589/O for residential development for up to 100 dwellings with associated access - Land West of Faringdon Road, Stanford-in-the-Vale.
P20/V0030/FUL - Approved (19/03/2020) Erection of temporary sales suite with associated planting, parking & advertising/signage. (Number of flag poles reduced from seven to four as shown on drawing numbers H7902F-SLP-01 rev.A and H7902-SML-01 rev.A, received 17 February 2020).
P18/V2056/RM - Approved (28/02/2020) Residential Development for up to 100 dwellings with associated access (as amended by drawings and information received 30 May 2019, 01 August 2019, 01 October 2019 and 18 November 2019).
P18/V0917/PEJ - Advice provided (26/07/2019) Reserved matters application for residential development for up to 100 new homes following outline P16/V1589/O (As per amended plan received 22 June 2018)
P17/V0510/NM - Approved (03/03/2017) Non material amendment to application ref. P16/V1589/O - (Residential development of up to 100 dwellings with associated access) to correct condition 9 to read "Prior to the commencement of the development above slab level, a fully detailed sustainable surface water drainage scheme of the development shall be developed in accordance with the Flood Risk Assessment ref: 70019477 dated October 2016 prepared by WSP and submitted to, and approved in writing, by the District Planning Authority. The approved scheme shall be implemented prior to the occupation of any dwelling to which the scheme relates and shall include a fully detailed management and maintenance plan for the lifetime of the development."
P16/V1589/O - Approved (22/12/2016) Residential development of up to 100 dwellings with associated access (As amended by Drawing No: 16476-02a (Site Access) and Biodiversity Information accompanying agent's email of 10 August 2016 and further clarified by Flow and Pressure report accompanying agent's email of 8 September 2016 and Flood Risk Assessment and Utilities and Foul Drainage Assessment Issue 3 accompanying agents email of 6 October 2016) Planning Application History
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3.2 |
Screening Opinion requests A screening opinion was carried out in 2014 for a larger site area which included the current application site. The negative screening opinion assessed 290 dwellings being delivered across three sites; the current proposal comprises 100 dwellings on the site. |
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4.0 |
ENVIRONMENTAL IMPACT ASSESSMENT |
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4.1 |
The proposal is below the EIA threshold of 150 dwellings and on a site area no greater than 5ha and is not located within a sensitive area. It is therefore considered the proposal is not EIA development. |
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5.0 |
MAIN ISSUES |
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5.1 |
The main issues are:
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Principle of Development |
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5.3 |
The principle of varying planning conditions |
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When planning permission is granted, development must take place in accordance with the permission and conditions attached to it, and with any associated legal agreements.
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5.4 |
New issues may arise after planning permission has been granted, which require modification of the approved proposals, and under Section 73 of the Town and Country Planning Act 1990 an application can be made to vary or remove conditions associated with a planning permission. One of the uses of a section 73 application is to seek a minor material amendment, where there is a relevant condition that can be varied.
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5.5 |
Condition 1 – changes to the approved drawings / plans |
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This condition agreed drawings / plans by which the development would be implemented. It is proposed to update 13 house types, by including additional home office space and to:
o Update the soakaway shape in central open space area o Take the Hoggin footpath by plot 84 to connect to the parcel to the south, and adoptable footpath to boundary opposite plot 66 o Remove the garages from some plots (1 and 2 bedrooms), Types A, A2, R, S o Update the tree survey o Show the details of the access (following the technical approval of s278) o Widen the road by plots 57-49
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5.6 |
The table below illustrate the proposed changes to the housing schedule:
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5.7 |
Market Housing |
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The Parish Council raise concerns about the proposed size of the first-floor home offices and consider them to be renamed bedrooms, which would have an unacceptable impact upon the SHMA Mix.
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5.8 |
A single bedroom as defined by Nationally Described Space Standards (NDSS) has a floor area of at least 7.5m2. The amended plans illustrate that the first-floor home offices are smaller than a single bedroom as defined by NDSS.
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5.9 |
As such, it is considered by your officers that the proposed changes do not vary the previously approved SHMA Mix. The addition of first floor home office space in the 13 out of 100 previously approved dwellings is considered acceptable.
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Design and Layout |
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Core policy 37
of the LPP1 states that new development must demonstrate
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5.11 |
It sets out
further design criterion for streets and movement, green
infrastructure, social inclusion and safe communities, climate
change resilience and that development must be visually attractive,
with scale, height, massing, and materials appropriate to the site
and surrounding area. Core policy 38 of LPP1 sets out more detailed
design criterion required for strategic and major
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5.12 |
The scale, mass and appearance of the proposed residential dwellings follow the Urban Design and Architectural Principles approved under the Reserved Matters Application ref. P18/V2056/RM. The amended house types would not have a harmful impact upon the residential amenities of the neighbouring/future residents. The housing mix, garden areas mix, landscape strategy and storey heights have all been maintained as previously approved.
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5.13 |
The layout of the proposed scheme has not been materially altered, when compared to the previously approved scheme. A single access road serves the site with cul-de-sacs leading off it. There is a road within the centre of the site, that links this application with two proposals located to the south (ref. P18/V2031/RM and P21/V2334/FUL). Houses face the roads providing enclosure. There is some scope for landscaping including frontage lawns, low-level shrubs and some tree planting. The proposed development is relatively enclosed as the boundaries are strongly delineated by the existing vegetation that includes semi-mature trees and hedgerows.
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5.14 |
The proposed changes relate mainly to the internal layout and positioning of the 13 dwellings within their plots, removal of some of the garages, widening the road by plots 57-49 and minor repositioning of the footpaths, to allow better connectivity to the neighbouring sites. These changes would not cause a material harm to the approved layout, and therefore are considered to be acceptable.
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5.15 |
Technical matters |
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Matters of traffic generation, flood risk and drainage, landscape impact and trees, affordable housing, archaeology, ecology, air quality, noise and contamination were previously assessed in detail on the outline and reserved matters applications and were considered acceptable. Officers consider the changes proposed in this application do not result in any material change to these matters.
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5.16 |
Biodiversity The Countryside Officer has no objection to the proposal. However, to reflect the proposed changes to the previously approved scheme, it is considered that the Biodiversity Enhancement Strategy (BES) will need to be updated. This can be secured through a planning condition.
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5.17 |
Noise The approved Reserved Matters application (ref. P18/V2056/RM) scheme was supported by the acoustic report. The scheme approved in 2020 was considered acceptable, subject to the mitigations proposed in the acoustic report being implemented.
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5.18 |
The Environmental Health Officer has assessed the current proposal and confirmed that the proposed changes are acceptable, subject to the previously requested noise mitigation being implemented with the current scheme. This is considered reasonable and can be secured through a planning condition.
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5.19 |
Legal Agreement and financial contributions (CIL) |
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The original application was accompanied by a S106 legal agreement which secured affordable housing and financial contributions for highways infrastructure, education, community and leisure and a deed of variation is not required. Given that there was an increase in the floor area (created by the Section 73 application) from the original proposals by additional 371.00m2 an updated CIL contributions of £96,170.33 will be required to be paid by the applicant.
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5.20 |
Planning conditions |
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Government advice confirms that where an application under Section 73 is granted, the effect is the issue of a new planning permission. A decision notice describing the new permission should be issued, setting out all the conditions related to it. To assist with clarity, decision notices for the grant of planning permission under Section 73 should also repeat the relevant conditions from both the outline and reserved matters planning permissions, unless they have already been discharged.
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5.21 |
It is therefore necessary to review all conditions originally imposed under both the P16/V1589/O and the P18/V2056RM, and those that have been already discharged to ensure they remain relevant to the new proposal. The list of conditions at the beginning of this report reflects this assessment. |
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6.0 |
CONCLUSION |
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6.1 |
This application has been assessed against the development plan, the National Planning Policy Framework (NPPF) and all other material planning considerations. In considering the application, due regard has been given to the representations received from statutory and other consultees. These have been taken into account in assessing the overall scheme.
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6.2 |
The application site is identified in the adopted Vale of White Horse Local Plan 2031, part 1 as an allocated site for residential development. The changes sought to the previously imposed conditions are considered acceptable. There are no technical concerns with the application, subject to the recommended conditions. The proposed development is sustainable development and should be approved. |
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POLICY & GUIDANCE
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Vale of White Horse Local Plan 2031 Part 1 policies: CP01 - Presumption in Favour of Sustainable Development CP04a - Meeting our Housing Needs CP02 - Cooperation on Unmet Housing Need for Oxfordshire CP03 - Settlement Hierarchy CP04 - Meeting Our Housing Needs CP05 - Housing Supply Ring-Fence CP07 - Providing Supporting Infrastructure and Services CP20 - Spatial Strategy for Western Vale Sub-Area CP22 - Housing Mix CP23 - Housing Density CP24 - Affordable Housing CP33 - Promoting Sustainable Transport and Accessibility CP35 - Promoting Public Transport, Cycling and Walking CP36 - Electronic communications CP37 - Design and Local Distinctiveness CP38 - Design Strategies for Strategic and Major Development Sites CP39 - The Historic Environment CP42 - Flood Risk CP43 - Natural Resources CP44 - Landscape CP45 - Green Infrastructure CP46 - Conservation and Improvement of Biodiversity CP47 - Delivery and Contingency
Vale of White Horse Local Plan 2031 Part 2 policies: DP16 - Access DP17 - Transport Assessments and Travel Plans DP23 - Impact of Development on Amenity DP25 - Noise Pollution DP26 - Air Quality DP27 - Land Affected by Contamination DP28 - Waste Collection and Recycling DP33 - Open Space DP34 - Leisure DP39 - Archaeology and Scheduled Monuments
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Neighbourhood Plans A neighbourhood plan area was designated in 2014, but a draft plan has not yet been published. Accordingly, no weight can be given to this plan at this time.
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Supplementary Planning Guidance/Documents |
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Vale of White Horse Design Guide Developer Contributions (SPD)– Delivering Infrastructure to Support Development (November 2021) |
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National Planning Policy Framework and Planning Practice Guidance The National Planning Policy Framework (NPPF) The National Planning Practice Guidance (NPPG)
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Other Relevant Legislation |
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Human Rights Act 1998 The provisions of the Human Rights Act 1998 have been taken into account in the processing of the application and the preparation of this report.
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Equality Act 2010 In determining this planning application, the Council has regard to its equality obligations including its obligations under Section 149 of the Equality Act 2010.
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Author: Hanna Zembrzycka-Kisiel
Contact No: 01235 422600
Email: planning@whitehorsedc.gov.uk
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