Agenda item

Outline application for the construction of up to 239 dwellings (access only).

Late items received after preparation of main agenda:

The Local Highway Authority Advice is that, in its view, the impacts of the development on highway safety would not be unacceptable, and when considered cumulatively with other developments, the impacts on the road network would not be severe. Based on the information provided, the development therefore does not conflict with paragraph 115 of the National Planning Policy Framework (December 2023), subject to the conditions and/or planning obligations outlined in this report.

The Local Highway Authority (LHA) are in receipt of a consultation from Hinckley & Bosworth Borough Council as the Local Planning Authority (LPA) for an outline application for the construction of up to 239 dwellings with associated landscaping, open space, drainage infrastructure and associated works at Land East Of The Windmill Inn, Brascote Lane, Newbold Verdon. All matters other than access are reserved at this stage.

The LHA is aware of application 22/00277/OUT for identical proposals at the site. The LHA advised approval of that application subject to conditions and contributions, however those proposals were refused by H&BBC with the following reason:

‘The proposed development lies within the open countryside, outside of and poorly related to the settlement boundary of Newbold Verdon. As such, the development site does not accord with any of the categories of development that are considered to be acceptable within the countryside and fails to provide convenient or safe access for pedestrians to services and facilities and is not located where the need to travel is minimised. The application is therefore contrary to Policies DM4 and DM17 of the Site Allocations and Development Management Policies Development Plan Document and Sections 9 and 12 of the National Planning Policy Framework.’

As part of this current application, the Applicant has submitted identical supporting evidence to that submitted as part of the previous application, this includes the Transport Assessment and Travel Plan. On this basis, the LHA advise that its detailed observations dated 6th July 2022, 19th August 2022, 19th July 2023 and 5th September 2023 submitted in response to that application largely remain in full. The LHA also note the Applicants willingness to improve Public Right of Way S27 between Brascote Lane and Arnold Crescent. The LHA has liaised with Leicestershire County Council’s Public Rights of Way team and understands in the site-specific circumstances, they would not seek to obtain any improvements to this route.

Conditions

1.         No development shall commence on the site until such time as a construction traffic management plan, including as a minimum wheel cleansing facilities, vehicle parking facilities, and a timetable for their provision, has been submitted to and approved in writing by the Local Planning Authority. The construction of the development shall thereafter be carried out in accordance with the approved details and timetable.

         Reason: To reduce the possibility of deleterious material (mud, stones etc.) being deposited in the highway and becoming a hazard for road users, and lead to on-street parking problems in the area.

2.         No part of the development hereby permitted shall be occupied until such time as the access arrangements shown on Hub drawing number T20517.001 Rev C have been implemented in full.

Reason: To ensure that vehicles entering and leaving the site may pass each other clear of the highway, in a slow and controlled manner, in the interests of general highway safety and in accordance with the National Planning Policy Framework (December 2023).

3.         No part of the development hereby permitted shall be occupied until such time as vehicular visibility splays of 2.4 x 160 have been provided at the site access. These shall thereafter be permanently maintained with nothing within those splays higher than 0.6 metres above the level of the adjacent footway/verge/highway.

Reason: To afford adequate visibility at the access to cater for the expected volume of traffic joining the existing highway network, in the interests of general highway safety, and in accordance with the National Planning Policy Framework (December 2023)

4.         No part of the development hereby permitted shall be occupied until such time as site drainage details have been provided to and approved in writing by the Local Planning Authority. Thereafter surface water shall not drain into the Public Highway and thereafter shall be so maintained.

Reason: To reduce the possibility of surface water from the site being deposited in the highway causing dangers to road users in accordance with the National Planning Policy Framework (December 2023).

5.         The Travel Plan shall be carried out in accordance with the details contained within reference T20517 (Revision A dated 9 May2023). A Travel Plan Co-ordinator shall be appointed from commencement of development until 5 years after first occupation. The Travel Plan Co-ordinator shall be responsible for the implementation of measures as well as monitoring and implementation of remedial measures.

Reason: To reduce the need to travel by single occupancy vehicle and to promote the use of sustainable modes of transport in accordance with the National Planning Policy Framework (December 2023).

S106 Contributions

Please note that the exact monetary values will need to be agreed prior to the signing of the Section 106 agreement and may be subject to indexation.  To comply with Government guidance in NPPF and commensurate with Leicestershire County Council Planning Obligations Policy the following contributions would be required in the interests of encouraging sustainable travel to and from the site, achieving modal shift targets, and reducing car use:

a.         Travel Packs, one per dwelling; to inform new residents from first occupation what sustainable travel choices are in the surrounding area (can be supplied by LCC at £52.85 per pack). If not supplied by LCC, a sample Travel Pack shall be submitted to and approved in writing by LCC which will involve an administration charge of £500.

Reason: To inform new residents from first occupation what sustainable travel choices are available in the surrounding area.

Suggested trigger point: Prior to the occupation of the first dwelling.

b.         Six month bus passes, two per dwelling (two application forms to be included in Travel Packs and funded by the developer); to encourage new residents to use bus services, to establish changes in travel behaviour from first occupation and promote usage of sustainable travel modes other than the car (can be supplied through LCC at an average of £510.00 per pass).

Reason: To encourage new residents to use bus services as an alternative to the private car to establish changes in travel behaviour from first occupation.

Suggested trigger point: Payment of 25% of total obligated contribution paid prior to the occupation of the first dwelling. Remaining 75% of total obligated contribution paid prior to occupation of 25% of total dwellings, except payment may be deferred by agreement with the County Council.

c.         STARS for (Sustainable Travel Accreditation and Recognition Scheme) monitoring fee of £6,000.

Reason: To enable Leicestershire County Council to provide support to the appointed Travel Plan Co-ordinator, audit annual Travel Plan performance reports to ensure that Travel Plan outcomes are being achieved, and to take responsibility for any necessitated planning enforcement.

Suggested trigger point: Prior to the occupation of the first dwelling.

A Construction Traffic Routing Agreement to be submitted to and approved in writing by the Local Highway Authority. During the period of construction, all traffic to and from the site shall use the agreed route at all times.

Reason: To ensure that all construction traffic associated with the development does not use unsatisfactory roads to and from the site.

Appraisal:-

Paragraph 9.12 should be updated to:

“Using the standard method as outlined by MHCLG, Hinckley and Bosworth Borough is able to demonstrate 4.89 years of deliverable housing at 1st April 2022. Due to this and the change in the housing figures required for the borough paragraph 11(d) of the NPPF is triggered. Therefore, this application should be determined in accordance with Paragraph 11(d) of the National Planning Policy Framework (NPPF) whereby 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 weighed in the balance of the merits of the application when considered with the policies in the SADMP and the Core Strategy which are attributed significant weight as they are consistent with the Framework. Therefore, sustainable development should be approved unless other material considerations indicate otherwise.”

Recommendation:-

Condition 31 of the Committee report is to be removed and replaced with the following (as a note to the applicant):

‘The quantum of cycle parking provision shall accord with the guidance in LTN 1/20 on Cycle Infrastructure Design unless local cycle parking standards are greater. The development or any phase of the development shall not be occupied until the cycle parking has been constructed and completed in accordance with the approved details and shall thereafter be kept free of obstruction and permanently available for the parking of cycles only.’

Application for development of up to 239 dwellings (outline application – access only).

An objector, the agent and a ward councillor spoke on this application.

Notwithstanding the officer’s recommendation that permission be granted, it was moved by Councillor Crooks and seconded by Councillor Bray that the application be refused due to being outside of the settlement boundary of Newbold Verdon and within the open countryside and due to failing to provide convenient access for pedestrians contrary to policies DM4 and DM17 of the Site Allocations and Development Management Policies DPD. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – permission be refused due to the proposed development being contrary to policies DM4 and DM17 of the Site Allocations and Development Management Policies DPD.