Agenda item

Application for residential development of 282 dwellings (Class C3) including provision of public open space, associated infrastructure and engineering works and demolition of Vine Cottage.

 

Late items received since preparation of main agenda:

Consultations:-

The Council is in receipt of two further letters, following the publication of the Committee agenda rising the following points:

 

            1)        More Bridleways are needed in the area

            2)        Horse riding, and the accompanying horse-keeping put significant sums annually into the rural economy and therefore should be supported

            3)        Lanes are narrow, and getting pedestrians, cyclists and horse riders off the road has benefits.

            4)        Upgrading existing footpaths is cheaper

            5)        Markfield currently has no bridleways

 

Since the publishing of the agenda, a further consultation has been received from University Hospitals Leicester for the request of £91,523.00.

 

Appraisal

 

Public Rights of Way

 

There are two rights of way which pass through the application site (R29 and R4). PROW 29 passes through the application north to south and R4 east to west. The application proposal has been designed to increase permeability through the application site. The PROW R4 as part of the application is to be amended and diverted slightly within the site, to align with the proposed corridor. In order to improve the existing PROW the applicant is proposing to upgrade the rights of way within the application site, and condition 28 has been imposed to consider and secure these details prior to commencement.

 

Accordingly following consultation with Leicestershire County Council (Public Rights of Way) they have no objection to the proposed development and its impact upon the surrounding network, however the construction and surface specification would be subject to a separate consent from Leicestershire County Council.

 

Pollution

 

Update to paragraph 8.99. Following additional information and confirmation from Environmental Health all dwellings across the site would achieve a minimum 31dB, with 33dB glazing incorporated to specific plots which face London and the M1 corridor.

 

Obligations

 

During the course of the application, the number of dwellings has reduced by one, across the site, from 283 to 282 due to internal road layout requirements. The obligations reported within the agenda were based on the figure of 283 and therefore have been revised slightly to reflect this updated position. This results in the following amendments to the requested obligations:-

 

West Leicestershire CCG - £156,216.59

Civic Amenities - £18,438

Libraries £8,330

Play and Open Space £1,223,984.48

 

Play and Open Space

 

Replace the table following paragraph 8.144 with the following:

 

 

Replace table following paragraph 8.147 with the following updated contributions sought based on 282 dwellings:

 

 

In addition to this revised calculation based on 282 dwellings, following engagement with the Parish Council and the applicant, it is confirmed that the south east field would be transferred to the Parish Council for use as allotments, to accord with the draft Neighbourhood Plan. Within Markfield, allotments is identified within the Open Space and Recreation Study as being in short supply and therefore the Parish bringing this land forward in the future as allotments following the transfer of land would meet an identified need.

 

Earl Year’s contribution

 

A request by LCC Education towards early years has been received however further justification is sought to determine the need for this contribution in light of existing provision.  Discussions are ongoing proactively between all parties it is considered that delegated powers are given to the Planning Manager to secure and determine this final detail.

 

University Hospitals Leicester

 

University Hospitals Leicester Trust have requested a contribution to address NHS revenue shortfalls for acute and emergency treatment. This is by way of a monetary contribution of £91,523 towards the 12 month gap in the funding in respect of emergency admissions.

 

It is not considered that the payments to make up funding which is intended to be provided through national taxation can lawfully be made subject to a valid S106 obligation, and such payments must serve a planning purpose and have a substantial connection to the development and not be merely marginal or trivial. Notwithstanding the above, the legal requirements of reg. 122(2) of the CIL Regulations 2010 (as amended) are also not satisfied due to the quality of information submitted by Universities Hospitals Leicester to date. The contribution is not necessary, when funding for this type of NHS care is intended to be provided through national taxation. University Hospitals trust are unable to demonstrate that the burden on services arises directly form the development proposed, opposed to a failure in the funding mechanisms for care and treatment. The request made is to meet a funding gap over the forthcoming 12 month period and is requested on commencement of development, consideration should be given as to whether it is likely that this development is likely to be built out and occupied by residents from outside of the existing trust area within 12 months, and therefore be the source of burden on services as calculated. Universities Hospitals Leicester have not demonstrated through evidence that the burden on services arises fairly from the assessment of genuine new residents likely to occupy the dwellings. Further to this there are issues with the data and methodology used by Universities Hospitals Leicester for example the inflated population projections compared to those used by Leicestershire Authorities when calculating housing need, or the failure to address funding needs from housing projections set out in the Joint Strategic Needs Assessment and Joint Health Wellbeing Strategy referred to in their request, therefor it has not been demonstrated that the request fairly and reasonable relates in scale and kind to the development proposed

 

This request is therefore not considered to meet the test of the CIL Regulations.

 

A similar request was considered by an inspector at inquiry APP/K2420/W/19/3235401, where it was found that there was insufficient evidence from the Universities Hospitals Leicester to warrant or justify the contribution sought against the CIL Regulations.

 

Planning Balance

 

Housing Land Supply

 

On 25 March 2021, ONS published the latest median house price to median gross annual workplace based earnings ratios used in step 2 of the standard method for calculating local housing need as set out in paragraph 2a-004 of the PPG. The application of the new ratio means that the local housing need for Hinckley and Bosworth is now 450 dwellings per annum (rather than 452 dwellings per annum using the previous ratio). Using this updated figure the Council can now demonstrate a 5.01 year housing land supply.

 

The housing policies are considered to be out-of-date and therefore paragraph 11(d) of the NPPF is triggered and 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. This is a material consideration to weigh in the context of the statutory requirement to determine applications and appeals in accordance with the Development Plan unless considerations indicate otherwise. The tilted balance of Paragraph 11d) of the NPPF is engaged, irrespective of the housing land supply figure. This is a product of the age of the plan and the out-of-date evidence base it relies upon. The Core Strategy plans for a minimum requirement of 9,000 dwellings over a 20 year period between 2006-2026, this equates to 450 dwellings per annum. This figure was derived from the East Midlands Regional Plan and was considered the ‘end point’ for housing need requirements for that period. The Site Allocations and Development Management Policies DPD is also based upon these requirements in terms of the allocations it makes and the settlement boundaries it fixes.  The Standard Methodology set by government currently identifies a requirement for Hinckley and Bosworth Borough Council of 450 dwellings per annum. Whilst the figure is the same as the Core Strategy requirement, it is the ‘starting point’ for the need; the ‘end point’ has not yet been assessed and the allocations to meet it / the new settlement boundaries will not be confirmed until the publication of the new Local Plan. The new Local Plan period will cover 2019-2039.

 

Since the publishing of the committee agenda, the consultation on the Markfield Neighbourhood Plan has closed, and has been submitted to the Examiner for Examination. However the weight attributed to the Plan at this stage is still limited.

 

The Planning Balance undertaken in section 9 of the committee report remains unaltered in that, on balance, the level of harm from the proposal does not significantly and demonstrably outweigh the identified benefits of the scheme when assessed against the Framework as a whole. Therefore, the presumption in favour of sustainable development does apply in this case and material considerations outweigh the conflict with some elements of the development plan.

Recommendation:-

 

Grant planning permission subject to:-

 

·         The completion within three months of this resolution a S106 agreement to secure the following obligations:

·         40% Affordable Housing

·         West Leicestershire CCG £156,216.59

·         Civic Amenities £18,438

·         Libraries £8,330

·         Education £1,560,261.38

·         Play and Open Space £1,223,984.48

·         Coalville Transportation Strategy £1,377,288

·         Provision of bus stop improvements

·         Contribution of £6,000 for the monitoring of a Full Travel Plan

·         Travel Packs

·         Six month bus passes, (two application forms per dwelling to be included in Travel Packs and funded by the developer)

• Planning Manager be given delegated powers to determine the contribution of Early Years

·         Planning conditions outlined at the end of this report

 

That the Planning Manager be given powers to determine the final detail of planning conditions.

 

That the Planning Manager be given delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods.

Application for residential development of 282 dwellings (class C3) including provision of public open space, associated infrastructure and engineering works and demolition of Vine Cottage.

 

It was moved by Councillor Findlay, seconded by Councillor Furlong and

 

RESOLVED –

 

(i)            permission be granted subject to:

 

a.    The completion within three months of this resolution of a S106 agreement to secure the following contributions:

·         40% affordable housing

·         West Leicestershire CCG £156,312.45

·         Civic amenities £18,503.00

·         Libraries £8,360.00

·         Education £1,560,261.38

·         Play and open space £1,225,497.12

·         Coalville Transportation Strategy £1,377,288.00

·         Provision of bus stop improvements

·         Contribution of £6,000.00 for the monitoring of a full travel plan

·         Travel packs

·         Six month bus passes (two application forms per dwelling to be included in travel packs and funded by the developer);

 

b.    The conditions contained in the officer’s report and late items;

 

(ii)           The Planning Manager be granted delegated powers to determine the final detail of planning conditions;

 

(iii)          The Planning Manager be given delegated powers to determine the terms of the S106 agreement including trigger points and claw back periods and any agreed contribution towards early years provision.