Vale of White Horse District Council – Committee Report – 1 March 2017 1 APPLICATION NO. P16/V0254/FUL SITE Eastwest All Saints Lane Sutton Courtenay Abingdon, OX14 4AG PARISH SUTTON COURTENAY PROPOSAL Part retrospective application for the retention and construction of earth bunds and the change of use of land to private recreational use. WARD MEMBER(S) Gervase Duffield APPLICANT Mrs Ruth Swain OFFICER Kayleigh Mansfield RECOMMENDATION It is recommended that planning permission is granted subject to the following conditions and informatives: 1. Approved plans 2. Surface water drainage scheme to be submitted within 3 months 3. Landscaping to accord with the approved scheme (including removal of existing planting to specified bunds) 4. No waste material to be brought or deposited at the site or used for bunds 5. No deliveries to the site in network or school peak hours of the day Informatives: Public footpath informative Claimed footpath informative 1.0 INTRODUCTION AND PROPOSAL 1.1 The application has been called to planning committee by Councillor Gervase Duffield. 1.2 The application site is situated to the north east of the village of Sutton Courtenay. The site, largely square in form and approximately 3.8 hectares in size, comprises an extended area of undeveloped land within the ownership of the applicant and residents of Eastwest, which does not form residential curtilage. Residential development exists to the west and south-west boundaries of the application site. 1.3 The site is washed over by the Lowland Vale local landscape designation and also within an identified area of landscape enhancement. A public right of way, known as Sutton Courtenay Footpath 12, runs adjacent to the south boundary of the site. Sutton Courtenay Footpath 3 and 7 run to the west of the site,
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Vale of White Horse District Council – Committee Report – 1 March 2017
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APPLICATION NO. P16/V0254/FULSITE Eastwest All Saints Lane Sutton
Courtenay Abingdon, OX14 4AGPARISH SUTTON COURTENAYPROPOSAL Part retrospective application for the
retention and construction of earth bunds and the change of use of land to private recreational use.
RECOMMENDATIONIt is recommended that planning permission is granted subject to the following conditions and informatives:
1. Approved plans2. Surface water drainage scheme to be submitted within 3 months3. Landscaping to accord with the approved scheme (including removal of existing planting to specified bunds)4. No waste material to be brought or deposited at the site or used for bunds5. No deliveries to the site in network or school peak hours of the day
Informatives:
Public footpath informativeClaimed footpath informative
1.0 INTRODUCTION AND PROPOSAL1.1 The application has been called to planning committee by Councillor Gervase
Duffield.
1.2 The application site is situated to the north east of the village of Sutton Courtenay. The site, largely square in form and approximately 3.8 hectares in size, comprises an extended area of undeveloped land within the ownership of the applicant and residents of Eastwest, which does not form residential curtilage. Residential development exists to the west and south-west boundaries of the application site.
1.3 The site is washed over by the Lowland Vale local landscape designation and also within an identified area of landscape enhancement. A public right of way, known as Sutton Courtenay Footpath 12, runs adjacent to the south boundary of the site. Sutton Courtenay Footpath 3 and 7 run to the west of the site,
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beyond the residential properties.
1.4 The application seeks planning permission for a change of use of the land to private recreational use and for the retention and construction of boundary treatment earth bunds.
1.5 Amended plans have been received during the application process to address concerns raised by the landscape officer and adjacent neighbours.
1.6 Extracts from the application plans are attached at Appendix one. All plans and supporting documentation for the application are available to view on our website at www.whitehorse.gov.uk
1.7 An aerial photo showing the application site location is included below:
2.0 SUMMARY OF CONSULTATIONS & REPRESENTATIONSBelow is a summary of the responses received to both the original plans and the amendments. A full copy of all the comments made can be viewed online at www.whitehorsedc.gov.uk
Sutton Courtenay Parish Council
Object for the following reasons:
Harm to the existing landscaping and rural character and setting;
Permitting an extended residential use; Run off water and potential flooding from the
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existing and proposed bunds; Planting on top of bunds unacceptable in
neighbour amenity terms; Habitats compromised on site; Contamination concerns relating to previous land
use.
Neighbours 15 neighbours have written making the following objections to the application:
Applicant has not consulted with the neighbours most impacted;
Work commenced without planning permission; Lack of monitoring of dug material; Unsatisfactory light impact on existing residential
development; Water run off impacts and flooding concerns; Laurel planting considered to be unacceptable; Construction traffic plan yet to be confirmed; Bunds considered to be an unnatural feature in
the landscape; Bunds are of an unstable and unsafe
construction; The height of the bunds exceed 2.0 metres; Removal of existing vegetation; Harm to the public right of way; Bunds go beyond means of enclosure and must
be considered as major engineering works; Construction process impacts with respect to
noise, vibration and pollution, road damage; Harm to conservation area; Full enclosure of the site will be detrimental to
local biodiversity and ecology.
Landscape Architect No objections – subject to condition:
Development to accord with the approved landscaping scheme and implementation strategy.
Environmental Protection Team
No objections.
Contaminated Land No objections.
Drainage Engineer No objections, subject to conditions:
Enforcement team update: “I can confirm that the reason the enforcement team are involved in the site at Eastwest is because we believe an engineering operation has occurred, in respect of the works needed to construct the bunds on the site. The bunds themselves are a means of enclosure (or will be when complete) and they benefit from deemed consent under the Town and Country Planning (General Permitted Development) Order 2015, SCHEDULE 2, PART 2 - Minor operations, Class A – gates, fences, walls etc, A. The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.
There was also concern that there was a material change of use of the land.”
P12/V2207/CM - Approved (05/12/2012)Vary Conditions 1, 3 and 22 of Planning Permission P12/V1497/CM (for the establishment of recycling facilities on land west of Corridor Road) to extend the end date of operations from 31 December 2019 to 31 December 2030, to increase the annual MRF throughput from 70,000 tpa to 200,000 tpa and for some alterations to approved elevations.
P08/V1886 - Other Outcome (27/01/2009)Erection of building for use as secure maintenance and equipment store and as base for angling club. Infill of northwest corner of lake to form car park
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P07/V0267/O - Refused (27/09/2007) - Refused on appeal (16/07/2008)Erection of four dwellings to enable the restoration of fishing lake and associated off-site highways workings.
P03/V0061 - Approved (10/04/2003)Restoration of part of the Sutton Courtenay waterworks site with an engineered cover system.
P01/V0780/CC - Other Outcome (12/07/2001)Application to not comply with condition 41 of planning permission SUT/APF/616/33-CM (the removal of bund by the later date of 10 December 2003)
P99/V1322 - Approved (02/12/1999)Erection of a 3 metre high fence to replace existing.
P99/V0752 - Approved (20/07/1999)Erection of a 3 metre high fence.
P77/V0610/LDE - Approved (19/05/1978)Application for an established use certificate in respect of water treatment plant. Deposit of the resultant sludge and infill material.
3.2 Pre-application HistoryThe applicant did not engage in the Council’s pre-application service as part of this proposal.
4.0 ENVIRONMENTAL IMPACT ASSESSMENT4.1 The site area is less than 5ha, fewer than 150 dwellings are proposed and the
site is not in a ‘sensitive area’. The proposal is therefore not EIA development
5.0 MAIN ISSUES5.1 Amended Drawings
Further to discussions with officers, the applicant has made a number of changes to the scheme to address concerns raised. The key amendments are:
• Proposed bunds to adopt a more natural form, opposed to proposed engineered steep gradient;• The proposed planting on top of the retrospective bunds is to be removed to ensure the boundary enclosure does not unduly impact neighbours and retains the character and appearance of the site;• Further changes have addressed the proposed planting stock to ensure landscaping will be native in terms of planting;• The proposed bunds will only be made up of dredged material in the site and not imported, other than topsoil;• The proposed bunds will be not higher then 1.0-1.2 metres highs adjacent to the eastern site boundary with Millennium Green;• Existing southern boundary vegetation to be retained;• The proposed planting on the proposed bunds will be a mix of native species;
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• Red line now includes access to the highway.
5.2 Landscape and Visual ImpactParagraph 109 of the NPPF seeks to enhance the natural and local environment by protecting and enhancing valued landscapes. This site falls within the Lowland Vale landscape designation (saved policy NE9) and additionally considered to be a site for landscape enhancement (saved policy NE11).
5.3 Bunds are an alternative method of enclosure, more often proposed in areas prone to noise as a means of mitigation. In this case, the applicant has installed the bunds as part of a process of restoration and enhancement of the site. The application documentation confirms that they have been preferred over a fence in the interests of visual amenity for a more natural appearance and for security purposes as trespass is an issue on the site.
5.4 The site was formerly part of a UKAEA site (UK Atomic Energy Authority). In 2003, planning permission was granted for the restoration of the site. It is understood that the development permitted by this application was not fully completed and now that the land has changed hands, the applicant is seeking to address the full restoration of the land.
5.5 The majority of the bunds do not exceed 2 metres in height, and the bunds to the east site boundary with the Millennium Green will be no higher than 1m -1.2m in height. The bunds are also to be planted with mixed native species which in time will grow to filter views towards the pond. The amendments have sought to ensure that the bunds appear as natural as possible in terms of shape, layout and profile. The site is also screened to an extent by existing trees and vegetation, which is to be retained. Officers do not therefore consider that the bunds will appear overly visually intrusive. The bunds and the use would serve to aid the restoration of the site, and would not result in any significant or demonstrable harm to the character and appearance of the area.
5.6 The use of the site would be managed for wild flowers and open grassland, as private recreational use in association with East West. Visually, the restoration of this site with planting and grassland would enhance the site and bring it back to a long term use. Given the size of the area of land and its edge of village location, Officers do not consider this to be suitable as residential curtilage. The documentation submission distinguishes the two sites; identifying the application site in a separate red line area to the dwelling Eastwest, the curtilage of which is outlined in blue. The use of the site would be as the description confirms; private recreation use in association with Eastwest. As such, the application site would not benefit from permitted development rights and planning permission would be required for further development on this land.
5.7 The landscape officer has been consulted as part of this application and after reviewing the amended submission, raises no objections to the scheme and does not consider that there would be an issue with regard to character of the local area or with regard to saved policies NE11, NE9 or DC6 of the adopted
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local plan 2011.
5.8 Ecology and BiodiversityNeighbour representations highlight concerns with the harm to the ecology and biodiversity on the site. The countryside officer has been consulted as part of this application and has raised no objections with the proposal with respect to ecology and biodiversity, subject to the remaining proposed works being carried out in accordance with the revised landscaping scheme.
5.9 Residential AmenityFifteen letters of objection have been received in relation to the proposal. Their concerns relate to a number of matters which are summarised in section 2.0 of this report. A number of neighbour objections received raise impact on neighbour amenity, in particular loss of light.
5.10 The application has been carefully assessed in terms of its impact on residential amenity. Neighbouring properties directly adjoin the site along the south and west boundaries. The height of the bund directly adjoining these properties is approximately 2 metres. Officers consider this height to be satisfactory to ensure the bunds are not dominant or over-bearing and would not result in any significant loss of light. The General Permitted Development Order as amended permits means of enclosure such as fences and walls to be 2 metres in height where they are not adjacent to a road used by vehicular traffic. The amended plans submitted remove the planting to the retrospective bunds, as the additional height of this planting was considered to be detrimental in terms of its effect on the neighbouring properties. The landscape plan and associated section plans shows its removal, and the adherence to the landscape plan and section plans are recommended as conditions.
5.11 Flood Risk and DrainageParagraph 103 of the NPPF provides that development should not increase flood risk elsewhere and should be appropriately flood resilient and resistant. The application site is within Flood Zone 1 as shown on the below image taken from the council’s GIS, which is informed by the Environment Agency Flood Maps:
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5.12 It is important to ensure that the bunds do not result in any surface water run-off to neighbouring properties or the adjacent public right of way. Both the council’s drainage consultant and Oxfordshire County Council as Lead Local Flood Authority have been consulted on this application. Both raise no objections to the application, subject to a condition requiring details of a drainage scheme to be submitted and approved in writing within 3 months of the date of any permission which may be issued, to include an implementation timetable.
5.13 The condition requires a fully detailed drainage scheme to be submitted which must be designed to prevent surface water runoff from the bund or any obstruction to surface water overland flows affecting the neighbouring properties and public right of way.
5.14 Traffic, parking and highway safetyA number of neighbour concerns have been raised regarding the impact of construction traffic on All Saints Lane, and this has been carefully assessed. Information submitted by the applicant confirms that the bunding will be made up from dredged material from the pond on-site and capped with topsoil. No material is to be imported to implement the bunds with the exception of topsoil. Therefore a significant amount of traffic movements to and from the site are not anticipated, as only topsoil will need to be delivered to the site. To reduce harm to the adjacent highway a condition is recommended to ensure deliveries are not scheduled in peak hours of the day. Once completed, the application will not generate additional traffic movement. The highway authority therefore have no objection subject to the aforementioned condition.
5.15 Contaminated LandThe contaminated land officer has been consulted as part of this application
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and further to the information provided he does not have any concerns with respect to contaminated land on the site.
5.16 Environmental HealthThe environmental health officer has been consulted as part of the application and raises no objection to the scheme.
5.17 Historic EnvironmentThe application does not impact any listed buildings or their settings. The application site is however within the setting of the Sutton Courtenay Conservation Area (but not within). Officers consider that the development of this proposal will not have a harmful impact on the conservation area given the distance of the site from the boundary, and the specific site context with existing residential development between the two locations. Views of the site cannot be achieved from the conservation area.
6.0 CONCLUSION6.1 Officers consider that the proposal would not result in any significant harm to the
visual amenity of the area of the wider landscape, or to the amenities of neighbouring properties. The approval of this change of use application will bring a disused piece of land in a sustainable location into use and will provide a good opportunity for the landscape to be enhanced as intended in the Local Plan 2011 (NE11).
6.2 The landscaping and enclosure proposed are not considered to be detrimentally harmful to the character and appearance of the area, or the wider landscape setting. Subject to conditions the application provides a satisfactory means of enclosure to the site.
6.3 Overall, Officers are of the opinion that the development of the bunds and the change of use amounts to sustainable development. Consequently, the application is recommended for approval subject to conditions.
The following planning policies have been taken into account:
• Vale of White Horse Local Plan 2011 policies;NE11 – Areas for Landscape EnhancementNE9 – Lowland Vale DC6 – LandscapingDC9 – The Impact of Development on Neighbouring Uses
• Vale of White Horse Local Plan 2031 Part 11 – Presumption in Favour of Sustainable Development37 – Design and Local Distinctiveness39 – The Historic Environment40 – Sustainable Design and Construction42 – Flood Risk44 – Landscape46 – Conservation and Improvement of Biodiversity.
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• Vale of White Horse Design Guide 2015DG5: Conservation AreasDG6: Character StudyDG7: Site contextDG8: Landscape and settlement characterDG14: Water features and SUDsDG15: Heritage Assets and the Historic LandscapeDG19: Ecology and biodiversityDG62: MaterialsDG63: AmenityDG64: PrivacyDG81: Boundary treatments
• National Planning Policy Framework (NPPF)
• Planning Practice Guidance
• The Conservation of Habitats and Species Regulations 2010
• The Localism Act 2011
• The Human Rights Act 1998 : Schedule 1 – Part I - Article 8
• The Equality Act 2010 : The council is not aware of any conflict with Part 11 – Chapter 1 – Section 149 of the Act (2010). In particular the following groups; age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
