Agenda item

Application for development comprising of up to 140 dwellings and extension of Sketchley Meadows Business Park for up to 30,000 sq m (322,920 sq ft) gross external floor space for Class B2 General Industrial/Class B8 Warehousing and Distribution use with associated means of access from Watling Drive and Sketchley Lane, associated internal estate roads, parking, landscaping, open space and sustainable drainage (Outline - including access).

Late items (amended recommendation at the end of the text):

Policies:-

Burbage Neighbourhood Plan:

•           Policy 1: Settlement Boundary

•           Policy 3: Design and Layout

•           Policy 4 Parking

•           Policy 7: Protection of other important green spaces

·                     Policy 8:Ridge and Furrow Fields

•           Policy 9: Biodiversity

•           Policy 20: Business and retail

Appraisal:-

Assessment against planning policies

Since the publication of the committee report, the Burbage Neighbourhood Plan has been published Under Regulation 18, and can therefore be now afforded substantial weight.

Policies 1 of the Burbage Neighbourhood Plan (BNP) sets out a presumption in favour of residential development adjacent to the defined settlement boundary within the BNP as long as it accords with other plan policies.  The development lies adjacent to three settlement boundaries and therefore is acceptable in principle subject to it complying with other policies within the plan. 

Policy 9 seeks to protect and enhance the network of green spaces, stepping stones and wildlife corridors including species rich hedgerows, which provide a valuable linear network allowing for the movement, as well as providing a habitat, for wildlife.

Over 40% of the Parish has been developed due to its close proximity to Hinckley. The remaining area is predominantly improved grassland and arable, providing a valuable green lung for the community. Those sites that do survive are therefore proportionately of high significance in the local context and help to define Burbage’s character.  To protect these areas from further development a Green Corridor has been introduced.

The Green Corridor runs across the site east to west and also includes a large area of land adjacent to the existing employment and A5. The application is in outline however the indicative layout when compared to the areas identified as Green Corridor results in the majority of the commercial area being undevelopable along with areas of the residential.  As proposed the site cannot be developed whilst protecting and enhancing the Green Corridors and therefore the application is considered contrary to Policy 9 of the Burbage Neighbourhood Plan.

Planning Balance

Section 38(6) of the Planning and Compulsory Purchase Act 2004 and S70(2) of the Town and Country Planning Act 1990 require that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

The housing policies in the adopted Core Strategy and the adopted SADMP are now considered to be out of date as they focussed on delivery of a lower housing requirement than required by the up-to-date figure. The Council also cannot demonstrate a 5 year housing land supply. Therefore, the ‘tilted’ balance in paragraph 11(d) of the Framework applies where the permission should be granted unless adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole.

The proposal would be in conflict with Core Strategy Policy 4 and Policies DM4 and DM10 of the SADMP. These policies are consistent with the Framework and are afforded significant weight. The proposal, whilst involving development on open land, has been found to have a moderate impact on the landscape character of the area and minor impact on the wider landscape character and as such there is some conflict with Policy DM4 and DM10 of the SADMP.

Weighed against this conflict with the Development Plan is the Government’s commitment to significantly boosting the supply of housing through the Framework. The proposal would result in the delivery of up to 140 houses (including up to 20% affordable homes). These additional houses and affordable houses have significant weight in the planning balance as they would assist in addressing the current shortfall of housing and affordable housing in the area. As the proposal is mixed development, with commercial floorspace being proposed as part of the scheme, which would bring with it some economic benefits, with the equivalent of 524 FTE forecasted across the application site, which is a significant economic benefit to the scheme. Paragraph 80 of the NPPF states that planning policies and decisions should help create the conditions in which businesses can invest, expand and adapt. Further to this, paragraph 80 of the NPPF states that ‘significant weight’ should be given to the need to support economic growth and productivity, which should allow each area to build on its strengths and counter any weaknesses.

The proposal would result in the loss of agricultural land, using mapping available the land is identified as grade 2 and 3 Best and Most Versatile (BMV) Land. However the current farming regime is limited to land use for livestock grazing rather than supporting a wide range of horticultural crops and the presence of BMV land has been muted by farming practices associated with lower land quality, furthermore the quality of the land is constrained in nature and as such limited. Therefore, this does not add to the value of the landscape, and it is not considered that this has significant weight in the planning balance.

Burbage is an identified Neighbourhood Plan Area, which has reached Regulation 18 stage and can now be afford substantial weight in the planning balance. Policy 1 of the Burbage Neighbourhood Plan identifies that residential development on land within or adjacent to the settlement boundary, will be supported, subject to complying with other development plan policy. The application site is identified within the Burbage Neighbourhood Plan as providing a green corridor across the site. Development within these areas should seek to protect and enhance the network of green spaces, stepping stones and wildlife corridors including species rich hedgerows. These are identifies as providing a valuable linear network allowing for the movement as well as providing habitat for wildlife.

Paragraph 14 of the NPPF, states that in situations where the presumption at 11d applies, the adverse impact of allowing development that conflicts with the Neighbourhood Plan is likely to significantly and demonstrably outweigh the benefits.

Paragraph 8 of the NPPF states that sustainable development has three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways. The assessment of the three dimensions, relative to this proposal are as follows:

The proposal would result in economic benefits through the construction of the scheme through creation of jobs and constructions spend, albeit for a temporary period. Additionally the residents of the proposed development would provide ongoing support to local services.

As discussed the proposal could deliver up to 140 dwellings, of which 20% would be affordable. This would result in a significant social benefit to the area and also to the borough. The proposal would also involve the provision of an area of public open space (POS), which is greater in size than the policy compliant position. The POS would be connected to existing pedestrian footpaths providing a benefit to the wider area.

It has been concluded that there would be moderate harm to the character of the area caused by the landscape and visual impact built development in this location. The proposal would extend development beyond the settlement boundary of Burbage and it is considered that the proposal would result in harm to the character and appearance of the area.

Some environmental benefits would be provided such as additional planting through landscaping in the provision of open space. Additionally there would be some benefit for biodiversity associated with the reinforcement and new planting of hedgerow and trees around the site and the provision of SUDS which can be designed to include benefits to biodiversity, secured via condition. However the development would also result in the loss of an identified green corridor which runs east to west across the site.   Green Corridors are to be protected or enhanced in the Burbage Neighbourhood Plan, which recognises the value of these local green networks.

The development would be in conflict with Policy 9 of the Burbage Neighbourhood Plan, and therefore notwithstanding its position adjacent to the settlement boundary, given the proposal would be in conflict with Policy 9 it is not supported by Policy 1 as it is contrary to the neighbourhood plan policies, which are attributed substantial weight in the determination of the application. The harm caused by the development on the green corridor, in conflict with the Neighbourhood Plan would result in significant and demonstrable harm to the environment which would not be outweighed by the benefits when assessed against the Framework as a whole.

Conclusion

The housing policies in the adopted Core Strategy and the adopted SADMP are considered to be out of date and the Council cannot demonstrate a 5 year housing land supply. Therefore, the ‘tilted’ balance in paragraph 11(d) of the Framework applies where the permission should be granted unless adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the policies in the Framework taken as a whole. Paragraph 14 of the NPPF identifies in situations where the presumption (at 11d) applies to applications involving the provision of the housing, the adverse impact of allowing development which conflicts with the Neighbourhood Plan is likely to significantly and demonstrably outweigh the benefits, provided criteria a-d applies

The proposal would be in conflict with Policy 4 of the Core Strategy, DM4 and DM10 of the SADMP. These policies are in accordance with the Framework and have significant weight. The proposal, whilst involving development on open land, has been found to have a minor adverse localised impact on the character of the area and so there is some conflict with Policy DM4 and DM10 of the SADMP.

The scheme would provide economic benefits in the form of an extension to an existing category ‘A’ employment site, where there is an identified short term need to meet the market, and due to the size and scale of the proposed development the applicant as demonstrated there are no other suitable alternative sites. The application has demonstrated that it meets the requirement as set out by Policy DM20 of the SADMP.

Weighed against the conflict with the Development Plan is the Government’s commitment to significantly boosting the supply of housing through the Framework. The proposal would result in the delivery of up to 140 houses (including up to 28 affordable homes). These additional houses and affordable housing have significant weight in the planning balance as they would assist in addressing the current shortfall of housing and affordable housing in the area, as well addressing an identified need for small to mid sized industrial units in this location and would contribute to economic growth and job creation. As such, although there is clear conflict with strategic Policy 4 of the Core Strategy and DM4 and DM10 of the adopted SADMP, there has only been moderate harm found. 

However the proposal would be in clear conflict with Neighbourhood Plan Policies 1 and 9 which identifies portions of the application site as providing a green corridor, which would be significantly impacted by this proposal. The Burbage Neighbourhood Plan is attributed substantial weight in the determination of applications. On balance it is considered that the harm identified to the green corridor would be demonstrably and significantly harmful and would not be outweighed by the identified benefits of the scheme when assessed against the Framework as a whole. The application is therefore recommended for refusal.

Recommendation

Refuse:

The application proposes commercial and residential development on areas identified as a Green Corridor.  The Green Corridors have been identified as important areas that should be protected due to their contribution to the character of Burbage.  The development would neither protect nor enhance the Green Corridor and therefore the development is contrary to Polices 1 and 9 or the Burbage Neighbourhood Plan

Application for development comprising up to 140 dwellings and extension of Sketchley Meadows Business Park for up to 30,000 sq m gross external floor space for class B2 general industrial / class B8 warehousing and distribution use with associated means of access from Watling Drive and Sketchley Lane, associated means of access from Watling Drive and Sketchley Lane, associated internal estate roads, parking, landscaping, open space and sustainable drainage (outline – including access)

At this juncture, Councillors Bray, Flemming and Lynch declared a personal interest as a member of Burbage Parish Council but stated he had come to the meeting with an open mind.

It was highlighted that the officer’s recommendation had been amended to that of refusal since publication of the report due to the Burbage Neighbourhood Plan having been published in the intervening period and now being afforded substantial weight.

Whilst in support of the amended recommendation, some members felt that the proposed development would also be harmful to the intrinsic value, character and beauty of the open countryside due to harm to the view from the footpath contrary to policy DM4 and would have significant adverse impact upon highway safety contrary to policy DM17. It was moved by Councillor Findlay and seconded by Councillor Walker that the application be refused in accordance with the officer’s recommendation and the abovementioned additional reasons. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be refused for the following reasons:

(i)            The application proposes commercial and residential development on areas identified as a green corridor. The green corridors have been identified as important areas that should be protected due to their contribution to the character of Burbage. The development would neither protect nor enhance the green corridor and therefore the development is contrary to policies 1 and 9 of the Burbage Neighbourhood Plan;

(ii)           The development would be harmful to the intrinsic value, character and beauty of the open countryside contrary to policy DM4;

(iii)          The development would have significant adverse impact on highway safety contrary to policy DM17.