Agenda item

Application for erection of a two storey 4 bedroom dwelling.

 

‘Late items:’

 

Introduction:-

 

Since the publication of the committee report, additional information has been received.

 

Additional Information:-

 

A further letter has been received from the applicant’s agent. The letter is accompanied by an Outline Landscape and Visual Appraisal with an Executive Summary. The letter raises the following items:-

 

1)         The Outline Landscape and Visual Appraisal demonstrates that the site cannot, by any reasonable definition, be considered “open countryside”

2)         The site has a very specific set of characteristics as a result of its enclosed nature and does not ‘bleed’ into the wider countryside or set a precedent for further development outside the settlement boundary

3)         The proposal is in line with Policy DM4 and its objectives and is located in a sustainable location

4)         The proposal would ‘round off’ the edge of the village and is suitable for residential development

5)         44 local Burbage addresses have supported the proposal

6)         The report should make reference to the proposal representing self-build which is a material consideration.

 

Appraisal:-

With regards to the proposal relating to a self-build the Planning Practice Guidance (PPG) states that HBBC must “give suitable development permission to enough suitable serviced plots of land to meet the demand for Self Build and Custom Build in its area” and that the “level of demand is established by reference to the number of entries added to HBBC’s Register during a base period.”

 

The applicant has been added to HBBC’s Register for the first base period which ended on 30 October 2016. The Council has 3 years from that date in which to permission an equivalent number of plots of land which are suitable for Self Build and Custom Build. The Council is currently working on a Local Plan Review which will include the Self Build and Custom Build policy and the monitoring of permissions of self-build plots. It is highly likely that sufficient suitable permissions have already been granted in the Borough since 2016, nevertheless, any individual applications need to be considered against the development plan and national policies in line with the definitions of ‘suitable development permission’ and ‘serviced plots’ from the Act/PPG. It is considered that this site would provide a suitable serviced plot of land for residential development.

 

As such, the recommendations to committee have not changed from the original report.

 

APPENDIX A

 

LATE ITEM FROM 20 NOVEMBER 2018 COMMITTEE MEETING

 

ITEM 15          18/00903/FULMr & Mrs Mottram

Site:- Land Adjacent 166, Sapcote Road, Burbage

 

Proposal:- Erection of a two storey 4 bedroom dwelling

 

Introduction:-

 

Amended plans were submitted which reduced the application site area, relocated the dwelling to the western boundary of the site and attached the garage to the dwelling. These plans have already been considered in the original report to committee. However, the public consultation period for submission of comments on these plans extended beyond the deadline for the preparation of the committee report. Since the publication of the committee report, additional responses have been received.

 

Consultations:-

 

Five additional neighbour letters of objection have been received raising the following issues:

 

1)         The settlement boundary should be respected and residential development in this location is an unwelcome precedent for other applications located outside the settlement boundary;

2)         Residential development on this site would be contrary to paragraph 4.25 of the SADMP which requires that the open landscape of Burbage should be protected and preserved;

3)         The countryside should be conserved in this area as the Rail Freight Interchange would occupy large swathes of open countryside within a short distance of the site;

4)         The Borough has a 5 year housing land supply. There is no evidence that another 4-bedroomed house in Burbage as there are currently more than 150 4 and 4+ bedroomed houses for sale in the LE10 area;

5)         Burbage has been subject to massive over-development over recent years and the draft Neighbourhood Plan seeks to recognise this so that there is no additional development up to 2031;

6)         Burbage has already exceeded its residual housing requirement of 295 by 2026 by 242 units and there is still some 8 years to go;

7)         The site is not needed to meet the Council’s housing needs in the plan to 2026;

8)         The Core Strategy also has a commitment to protect and preserve the open landscape to the east of Burbage which provides an important setting for the village and seek to enhance the landscape structure which separates the village from the M69 corridor as supported by the Hinckley and Bosworth Landscape Character Assessment.

9)         The Development Plan for the area takes precedence over the NPPF in decision making;

10)       Questions are raised about the appeal decision at Land East of the Common, Barwell as to which policies the Inspector considers are out-of-date and why they are out-of-date simply because the annual housing target figure has been revised. There is no mention in the revised NPPF that revisions to housing figures can render a Local Plan as being out-of-date;

11)       The Core Strategy policy on the need to protect and preserve the open landscape to the east of Burbage is not a housing land supply policy and is not out-of-date;

12)       The tilted balance as referred to in paragraph 11 of the NPPF only applies when a Council cannot demonstrate a 5 year housing land supply

 

15 additional neighbour letters of support have been received raising the following items:

 

1)         The property is well-designed and is a high quality bespoke home which will complement the area;

2)         There are no issues with regards to access or loss of amenity;

3)         The site should be included in the settlement boundary which should finish at Aston Flamville Road in line with the houses on the opposite side of the road, the village sign and the speed restriction changes;

4)         The site is restricted on each boundary being hemmed in on all sides and could not represent encroachment into the open countryside;

5)         The Council has recently approved other small residential sites on the edge of settlement boundaries where there is no harm to the open countryside;

6)         This is a vacant piece of land which would benefit from a self-build home;

7)         This is a highly sustainable location with a pedestrian footpath outside and a bus stop just metres away;

8)         This property would be a nice gateway into our village;

9)         The applicants originate from Burbage and they will be taking part in the care of their extended family would also live in Burbage;

 

Burbage Parish Council and the Chair of the Parish Council have made additional comments and advise that the amended layout and information do not mitigate previous objections on the development being located outside of the parish settlement boundary.

 

A further letter has been received from the applicant’s agent raising the following items:

 

7)         The site is extremely well-related to the village providing strong connectivity to public transport and facilities, and is located immediately adjacent to the settlement boundary;

8)         The housing supply policies are out-of-date and so paragraph 11 of the NPPF is triggered;

9)         The land does not constitute open countryside and is enclosed on all sides;

10)       With regards to precedent then the proposal should be judged on its own merits and not on any future applications;

11)       There is strong local support for the proposal from those that will be directly affected.

 

Appraisal:-

 

The most up-to-date objective assessment of housing need (OAN) is provided within the Leicester and Leicestershire Housing and Economic Development Needs Assessment (HEDNA) (2017). This identifies a housing need for the Borough of 471 dwellings per annum between 2011 and 2031. This figure has been accepted by the Council and is being used when calculating the 5 year housing land supply position. The Council can currently demonstrate a 5 year supply of deliverable housing land using the most recent OAN figures.

This is weighed in the balance of the merits of the application, Paragraph 8.29-8.34 of the officers report sets out how this has been done in reaching the conclusions of the application.

Application for erection of a two storey, four bedroom dwelling.

 

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor Hall and seconded by Councillor Lynch that permission be refused due to the harm to the intrinsic character of the countryside which would be contrary to policy DM4. Upon being put to the vote, the motion was LOST.

 

It was subsequently moved by Councillor Sutton, seconded by Councillor Richards and

 

RESOLVED – permission be granted subject to the conditions contained in the officer’s report.