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APPLICATION NO. |
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SITE |
Phase 1a Valley Park Land to the West of Great Western Park |
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PARISH |
WESTERN VALLEY |
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PROPOSAL |
Reserved matters application for access, appearance, landscaping, layout and scale following consent granted under reference P14/V2873/O relating solely to Phase 1a of the overall allocation regarding infrastructure elements to enable works for Phase 1 and 2. An EIA was submitted as part of the approved outline permission. |
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WARD MEMBER(S) |
Debra Dewhurst Hayleigh Gascoigne |
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APPLICANT |
Taylor Wimpey Oxfordshire and Persimmon Homes |
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OFFICER |
Adrian Butler |
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RECOMMENDATION |
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It is recommended that approval is granted subject to the following conditions summarised below: 1. Approved plans. 2. Provision of tree and Moor Ditch protective fencing. 3. Protective fencing around tree T229. 4. Update the submitted Ecological Construction Management Plan and Landscape and Ecology Management Plan to add the construction clerk/management contact details. 5. Delivery of open spaces and connections to adjacent development parcels. 6. The development shall be carried out in accordance with the improvement works to Cow Brook and Meadow Brook specified in the Technical Note 52 Rv1 dated 14 September 2023 and the works implemented prior to any occupation and retained thereafter throughout the lifetime of the development. 7. Boundary treatment to the foul water pumping station to be approved. 8. Vision splays to be provided in accordance with the approved plan and thereafter maintained with no structure or vegetation except for trees, above 0.9m in height.
The full wording of the conditions listed above is attached at Appendix 1. |
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1.0 |
INTRODUCTION AND PROPOSAL |
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1.1 |
The application is presented to committee as at the time of submission, the site was in Harwell Parish and Harwell Parish Council object. Since April 2023 the site is within Western Valley Parish. |
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1.2 |
This application is part of the wider Valley Park site which benefits from outline planning permission for up to 4,254 dwellings granted under application no. P14/V2873/O on 21 February 2022. This reserved matters application relates to infrastructure including a road, foul water pumping station and attenuation basins in the north western part of the Valley Park site and seeks approval for internal access, appearance, landscaping, layout and scale associated with these. The site location and layout are shown on the plan attached as Appendices 2.
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1.3 |
A signalised access to the site from the A4130 was approved as part of the outline permission and this access is being implemented. This access does not form part of this reserved matters application. Land is safeguarded as part of the outline permission for widening the A4130 should the HIF1 roads and bridges scheme be subsequently approved.
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1.4 |
This application has been amended on five occasions in response to consultation responses and planning officer comments with revisions to biodiversity including impacts for watercourses, landscaping, tree protection, drainage, flood modelling, play area and equipment and temporary bus turning area. |
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2.0 |
SUMMARY OF CONSULTATIONS & REPRESENTATIONS |
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2.1 |
A summary of responses received is below. A full copy of all the comments made can be seen online at: www.whitehorsedc.gov.uk
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3.0 |
RELEVANT PLANNING HISTORY |
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3.1 |
P23/V2835/NM - Approved (11/01/2024) Non-material amendment to application P14/V2873/O to varying Planning Condition 10 (Framework Plans), attached to the outline consent.
P23/V0667/RM - Approved (28/09/2023) Reserved Matters submission relating to phase 1P pursuant to outline planning permission P14/V2873/O, comprising 172 dwellings with associated infrastructure and landscaping.
P22/V2798/DIS - Approved (01/09/2023) Discharge of condition 10 (Framework Plan) under application reference number P14/V2873/O
P22/V2744/RM – Under consideration Reserved Matters application relating to Phase 1T of Outline Planning Permission P14/V2873/O for scale, layout, landscape and appearance comprising 246 new homes with associated infrastructure with 35% affordable housing.
P22/V2338/DIS - Approved (24/02/2023) Discharge of condition 6 (housing delivery document) on application P14/V2873/O.
P22/V2407/DIS - Approved (24/02/2023) Discharge of condition 11(Phasing Plan) on application P14/V2873/O
P22/V2066/DIS – Approved 22/11/2022 Discharge of condition 9 (Strategic Design Code) on application P14/V2873/O. (Outline planning application for a residential development of up to 4,254 dwellings, mixed-use local centres, primary schools, sports pitches, community and leisure facilities, special needs school, open space and extensive green infrastructure, hard and soft landscaping, attenuation areas, diversions to public rights of way, pedestrian and vehicular access and associated works).
P14/V2873/O - Approved (21/02/2022) Outline planning application for a residential development of up to 4,254 dwellings, mixed-use local centres, primary schools, sports pitches, community and leisure facilities, special needs school, open space and extensive green infrastructure, hard and soft landscaping, attenuation areas, diversions to public rights of way, pedestrian and vehicular access and associated works. |
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4.0 |
ENVIRONMENTAL IMPACT ASSESSMENT |
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4.1 |
The outline application was subject to an Environmental Statement that addressed ecology, landscape and visual, historic environment, flood risk, traffic and transport, transport, air quality and climate, noise and vibration, agriculture, and community and socio economics. The environmental information already provided is considered adequate to assess the significance of effects of the development on the environment. This information has been taken into consideration in considering this application. |
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5.0 |
MAIN ISSUES |
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5.1 |
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the Development Plan unless material considerations indicate otherwise. There is no neighbourhood plan for the Western Valley Parish or covering this site, so the development plan for this case comprises of the Vale of White Horse Local Plan 2031 Part 1 (the LPP1) and the Vale of White Horse Local Plan 2031 Part 2 (the LPP2).
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5.2 |
The relevant planning considerations are the following:
The Reserved Matters: - Internal access - Appearance - Landscaping - Layout - Scale
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5.3 |
Principle of development The site is allocated for housing by the LPP1 and benefits from an extant outline planning permission for housing granted under application no. P14/V2873/O. The principle of development is therefore established. The outline permission also approved access to the site including a signalised junction with the A4130 and this is not for consideration as part of this Reserved Matters application.
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5.4 |
The Valley Park Strategic Design Code and Framework Plan Policy CP37 of the LPP1 seeks to ensure that all new development is of high-quality design that, amongst other aspects, should respond positively to the site and surroundings and be physically and visually integrated with its surroundings. Policy CP44 of the LPP1 seeks to ensure that key features, such as trees and hedgerows, which contribute to the nature and quality of the landscape will be protected from harmful development and where possible enhanced.
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5.5 |
The site is subject to an approved Strategic Design Code (SDC) and Framework Plan which the development needs to comply with and which were permitted under applications P22/V2066/DIS and P22/V2798/DIS. These accord with design policies including Policies CP37, CP38 and CP44 of the LPP1, the Joint Design Guide, the Didcot Garden Town Delivery Plan and NPPF design guidance.
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5. 6 |
The SDC, outline permission plans and Framework Plan show a play area (Locally Equipped Area of Play (LEAP), attenuation basins, public open spaces within this reserved matters application site parcel and these are included within the application.
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5.7 |
The Reserved Matters Internal Access The proposed main road design complies with the S106 agreement associated with the outline permission, the approved SDC and the main road and its western verge and footway were approved as part of application P23/V0667/RM all of which were agreed in consultation with Oxfordshire County Council (OCC) as highway authority. The 18.3m width of this highway is required by the S106 agreement to comprise: · A 6.3m wide carriageway · 1.5m wide ‘on road’ cycle lanes north and south bound (the cycle lanes are additional to the 6.3m carriageway width) · 2.5m wide verges/parking on both sides · 2m wide footways on both sides
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5.8 |
Notwithstanding, OCC Highways has raised a holding objection as they seek that both cycle lanes be widened to 1.7m. They argue that the cycle lanes need to be widened to accord with LTN 1/20. However, LTN 1/20 was in place at the time the S106 was signed by OCC and the outline planning permission issued and OCC had no objection to 1.5m cycle lanes at that time. In response, the applicant also makes reference to the S106 agreement, the approved SDC, and points out an incorrect 6.5m road measurement given by OCC in its response whereas the road proposed as required by the S106 agreement is 6.3m wide, that the Road Safety Audit (RSA) did not raise any safety issues, that the western signalised access through the S278 agreement process has been approved by OCC with 1.5m cycle lanes, that the road was permitted under a more recent application (P23/V0667/RM), with 1.5m cycle lanes and that as a reserved matters application, the detailed matters for consideration relate to landscaping, scale, appearance and layout. Planning officers have considered this matter and conclude that because the road measurements accord with the S106, the SDC and application P23/V0667/RM all of which were supported by OCC, the carriageway widths are acceptable, and there is no reasonable ground to withhold reserved matters approval on this basis.
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5.9 |
The road is to have a 20mph speed limit and the proposed vision splays at junctions and forward visibility proposed have at the request of OCC, been revised to reflect the speed limit, show proposed trees are outside vision splays and are therefore, acceptable. Street lighting can be agreed by OCC under section 38 of the Highways Act and there is no need for a planning condition. Bus stop locations on either side of the carriageway have been agreed with OCC, include extra pedestrian crossing points and visibility for pedestrians crossing cycle paths which address the two issues raised in the RSA which in turn assessed highway geometry and visibility plans. The temporary bus turning circle in its revised form is also acceptable.
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5.10 |
Footway and cycle ways are shown within the site in accordance with details agreed as part of the outline permission. These include retaining the existing public footpath in the western open space, cycle/footway links in the south connecting to housing parcels, sports pitches and open space planned to the south, links to Cow Lane, and cycle and footways in the northern open space connecting to those beside the A4130 and to Cow Lane and including informal footpaths around the attenuation basins.
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5.11 |
The proposed road accords with the S106 agreement and the approved SDC and the proposals comply with policies CP33 and CP35 which encourage sustainable travel and DP16 of the Local Plan.
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5.12 |
Appearance The road, visitor parking and associated cycle lane with have asphalt surfaces. Combined cycle/footways will also be asphalt providing the S106 required all weather surface. However, the public footpath in the western open space will be a rolled hoggin surface with timber edging to minimise its impact for Moor Ditch.
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5.13 |
The attenuation basins are designed to accommodate flows from the Valley Park housing development and the HIF1 roads and bridges scheme should it be permitted. The basins are an irregular shape and have variations in depth up to 2m deep, with grassed sides and floors to provide a naturalistic appearance and allowing some water to pool in the interests of biodiversity and alert members of the public to their purpose. The foul pumping station is underground with access hatches at ground level, with access to it via a grasscrete surface and a hedge planted on the southern side.
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5.14 |
The LEAP and Local Area of Play (LAP) accord with the council’s Developer Contributions SPD being 20m and 5m from proposed dwellings and are in accordance with the S106 specifications. Play equipment is designed to be inclusive, for individual and social play and include a play tower with slide, pod swing, trampoline, seesaw, roundabout and hearing pipes. There is also low mounding, timber logs, seating and a rail fence on three sides to roads and cycleways. The play area includes seating, asphalt paths and cycle parking. They will be overlooked by planned housing.
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5.15 |
Appearance complies with the approved SDC and is compliant with policies CP37 and CP44 of the Local Plan.
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5.16 |
Landscaping Native trees and hedges are proposed in accordance with species detailed in the SDC and relevant to the open space typologies defined in the SDC e.g. wetland habitat for the attenuation basins to the north and Moor Ditch in the west. Trees subject to a TPO are retained and this has resulted in part of the road being moved further to the east and consequently three unprotected ash trees marked T170, T171 and T172, are to be removed to accommodate the road, cycle lanes, a bus stop and footway. Protective fencing around tree T229 which is subject to a TPO can be required by condition. Around 220 linear metres of hedgerow will be lost with some of this lost to allow access points to Cow Lane. 930m of hedgerows are retained and 660m are proposed to be planted. Overall, a net gain in tree and hedgerow planting is proposed and the proposals are considered compliant with the SDC and policies CP37 and CP44 of the Local Plan. Condition 15 of the outline permission requires timing for delivery of hard and soft landscaping to be agreed prior to development commencing.
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5.17 |
Layout The approved SDC, Framework Plan and plans associated with the outline permission indicate the locations of the road and open spaces and the proposals accord with the details. A condition is required to ensure the open spaces shown are delivered and made safe for public use whilst built development takes place. As mentioned above, the southern end of the road has been adjusted to the east to retain protected trees. A temporary bus turning area is included to allow buses to enter and leave the site until the proposed road connects to other roads planned in the wider development.
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5.18 |
As required by condition 26 of the outline permission proposed open space creates a corridor beside this watercourse and the open space is over 8m wide and 20m wide along most of its route and up to 30m wide in parts. This is required to protect water vole colonies. More recent water vole surveys have not found evidence of water vole using Moor Ditch but the spaces made available will ensure satisfactory off-sets in case water vole do return to Moor Ditch.
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5.19 |
Layout is acceptable and accords with the SDC, Framework Plan and policies CP37, CP46 and DP30 of the Local Plan.
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5.20 |
Scale Scale is the height, width and length of each building proposed in relation to its surroundings. In this case no new buildings are proposed. As explained above the road, cycle and footways accord with the S106 and SDC in terms of widths.
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5.21
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Flood risk and drainage Condition 36 of the outline permission was added at the request of the Environment Agency and it states, “With the exception of the access works and associated infrastructure, no built development approved by this permission shall be located within Flood Zones 2 or 3”. Following the applicant’s submission of flood modelling, the Environment Agency advise flood flows will be contained within local watercourses when considering high flood risk scenarios now and in the future due to climate change. The Environment Agency is confident that subject to a planning condition, the site is not considered at high risk of flooding and they have withdrawn their previous flood risk objection.
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5.22 |
The flood modelling recommends realigning Cow Brook to flow into a ditch on the western side of Cow Lane, a 200mm raise in the north bank for approximately 75m, and for Meadow Brook, enlarging a culvert from 600mm to 1.25m x 0.75m height matching channel dimensions, removing a footbridge (not part of a public right of way) and raising the bank 200mm in this location. It is these works that the Environment Agency recommends are secured by condition as they will prevent overtopping of the watercourses and on site flooding will not then occur.
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5.23 |
Flood mapping has not been updated to date following the flood modelling mentioned above and there are parts of this site within flood zones 2 and 3. The Environment Agency has explained that the PPG Flood and Coastal Change (Paragraph: 002 Reference ID: 7-002-20220825), requires development to be assessed against the design flood. The design flood is one percent annual probability flood with an allowance for climate change. With the improvement works being implemented, during the one percent annual probability flood with a 41 percent allowance for climate change, flows are shown to be contained within the channel across the development site. Subject to the condition recommended by the Environment Agency, there are no flood risks to the proposals and future users of them. Although there is conflict with condition 36, there is no evidence, given the Environment Agency’s comments and subject to the recommended condition, for withholding reserved matters approval for non-compliance with condition 36.
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5.24 |
A surface water drainage scheme is to be approved under condition 24 of the outline permission and does not need to be approved as part of this application. This development will not result in foul water flows. Thames Water has no objection in respect of foul water drainage. The proposals are considered policy CP42 compliant.
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5.25 |
Biodiversity As required by conditions 18, 19, 26 and 27 of the outline planning permission, this application is supported by a Biodiversity Enhancement Plan (BEP – condition 18), a Landscape and Ecology Management Plan (LEMP – condition 19), a retained watercourse buffer zone scheme (condition 26) and Ecological Construction Management Plan (ECMP – condition 27). Furthermore, as recommended by the council’s ecologist, the retained watercourse buffer zone scheme and ECMP have been revised to delete reference to open cut trenches for crossing the watercourse and to include the recommended drilling to install a foul water drainage pipe beneath the Central Stream watercourse and they are now acceptable. The BEP and LEMP are considered acceptable and this is confirmed by the ecologist.
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5.26 |
The proposals are considered compliant with condition 18, 19, 26 and 27 of the outline permission and to accord with policies CP46 and DP30 of the Local Plan. The LEMP and ECMP do need updating to include site management contact details and these can be secured by condition. |
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6.0 |
CONCLUSION |
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6.1 |
This application has been determined in accordance with the development plan unless material considerations indicate otherwise. The proposals result in no adverse harm. The proposal is considered development plan compliant as a whole and compliant with the S106 agreement and approved Strategic Design Code for the Valley Park site and relevant conditions attached to the outline permission. Therefore, it is recommended that the reserved matters are approved |
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The following planning policies have been considered: |
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Vale of White Horse Local Plan 2031 Part 1: CP1 - Presumption in Favour of Sustainable Development CP2 - Cooperation on Unmet Housing Need for Oxfordshire CP3 - Settlement Hierarchy CP4 - Meeting Our Housing Needs CP5 - Housing Supply Ring-Fence CP7 - Providing Supporting Infrastructure and Services CP15 - Spatial Strategy for South East Vale Sub-Area CP17 - Delivery of Strategic Highway Improvements within the South-East Vale Sub-Area CP18 - Safeguarding of Land for Transport Schemes in the South East Vale Sub- Area CP33 - Promoting Sustainable Transport and Accessibility CP35 - Promoting Public Transport, Cycling and Walking CP37 - Design and Local Distinctiveness CP38 - Design Strategies for Strategic and Major Development Sites CP40 - Sustainable Design and Construction CP42 - Flood Risk CP43 - Natural Resources CP44 - Landscape CP45 - Green Infrastructure CP46 - Conservation and Improvement of Biodiversity
A Regulation 10A review (five-year review) for Local Plan Part 1 (LPP1) has been completed. The review shows that five years on, LPP1 (together with LPP2) continues to provide a suitable framework for development in the Vale of White Horse that is in overall conformity with government policy.
Vale of White Horse Local Plan 2031 Part 2: CP4A - Meeting our Housing Needs CP15A - Additional Site Allocations for the South-East Vale Sub-Area CP16B - Didcot Garden Town CP18A - Safeguarding of Land for Strategic Highway Improvements within the South-East Vale Sub-Area DP11 - Community Employment Plans DP16 - Access DP17 - Transport Assessments and Travel Plans DP20 - Public Art DP21 - External Lighting DP23 - Impact of Development on Amenity DP24 - Effect of Neighbouring or Previous Uses on New Developments DP30 - Watercourses DP33 - Open Space
Joint Local Plan Preferred Options The Council is preparing a Joint Local Plan covering Vale of White Horse and South Oxfordshire, which when adopted will replace the existing local plans. Currently at the Regulation 18 stage, the Joint Local Plan Preferred Options January 2024 has limited weight when making planning decisions. The starting point for decision taking will remain the policies in the current adopted plans.”
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Neighbourhood Plan There is no neighbourhood plan covering the site.
Adopted Guidance The Joint Design Guide 2022 Developer Contributions – Delivering Infrastructure to Support Development SPD – June 2017
Other Relevant Legislation and Guidance National Planning Policy Framework (NPPF) National Planning Practice Guidance (PPG) Didcot Garden Town Delivery Plan Community & Infrastructure Levy Legislation Planning (Listed Buildings and Conservation Areas Act) 1990 Human Rights Act 1998 Section 149 of the Equality Act 2010 Section 17 of the Crime and Disorder Act 1998
Case Officer – Adrian Butler Email – adrian.butler@southandvale.gov.uk Tel – (01235) 422600
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