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The Committee received and considered the report from the Senior Planning Officer.
The Senior Planning Officer reported that the proposal had been presented to Members in September 2020 and deferred for greater clarity regarding drainage matters and mitigation of impact on protected species. It was further deferred from the meeting on 11 November 2020 as public speaking was not permitted and because the recommendation had changed to reflect the emerging housing need situation, it was therefore considered that public speaking should be permitted.
The Senior Planning Officer reported that this land was beyond the development limits for the village but considered relatively well located to goods and services and would deliver a significant number of new homes, including affordable homes, off an access that had sufficient highway capacity. Currently the Council was very close to being able to demonstrate a five-year housing supply as the existing supply calculation was based on statistics and methodologies nearly five years old, and therefore out of date, when compared to national methodology. In addition, other permissions on land in the emergent plan would provide further housing supply.
The Senior Planning Officer reported that the emergent situation carried limited weight at present, but the planning balance was considered to justify a recommendation for refusal now that the recalculation of need was to occur next month, however, this site was considered to
be comparatively well located. The site was situated to the south of the existing development and was taken off a stub called Foster Close which currently offered access to two dwellings.
The Senior Planning Officer reported that the site was 1.89 hectares and had no back history and was farmland, approximately half was shown as Grade 1 (the best agricultural land) and half as Grade 3 land and was outside the village "residential boundary", which fringed the site to the north west and south sides.
The Senior Planning Officer reported that the land was open scrubby grassland to the centre, though Google Earth showed it cropped until relatively recently. There was a hedgerow to the east side of relatively low extent, with trees to the north, south and much of the western
boundaries. Part of the conservation area touched the site boundary in the south west corner.
The Senior Planning Officer confirmed that the carriageway width of Foster Close & Symonds Avenue was 5.5m, with footways on both sides to Foster Close, Station Road, Beechcroft, Ormesby St Margaret and the access was through land that was part of its curtilage and which benefited from planning permission for a seven-unit scheme.
The Senior Planning Officer reported that some greater weight was given to the emergent policy because of the relative age of the housing supply calculations and the emergent reduction in need. However the housing need adjustments were being opposed in consultation and therefore would require the Inspector’s scrutiny before accorded full weight.
The approval of other sites within the Part 2 Local Plan allocations already had effective full weight, in providing deliverable sites.
The Senior Planning Officer reported that the proposal site was at the edge of the settlement and density was therefore appropriately low for the site, and the dwellings offered were larger homes with no two or one-bedroom types, so land use cannot be characterised as "efficient" as required by the policy. This was an outline application, however, and so whilst the number of dwellings was cited in the application as an upper figure proposed as allowed, the numbers would be established together with design and layout, including publicly accessible open space at “reserved matters”.
The Senior Planning Officer reported that no self builds were proposed on this site and there was no detail to indicate that any specialist housing provision was to be provided. These matters could be addressed during section106 negotiations and whilst adaptable home details were not provided in this outline application, this might readily be achievable later in the reserved matter process.
The Senior Planning Officer reported that the Landscape Character Assessment identified the site as being within the Ormesby and Filby Settled Farmland character area. The character
assessment identified Ormesby St Margaret as a nucleated settlement. It identified the boundary hedgerows as important features which indicated enclosure and indicated the landscape pattern, these features were important to the settlement and the character of Ormesby St Margaret should remain. This can be secured at reserved matters stage.
The Senior Planning Officer reported that the site had development on three sides and therefore, was contained within the landscape, especially given the boundary hedge. It was considered there was no conflict with Policy CS11. Importantly the containment of the site within other enclosing development did help to prevent settlement coalescence as being
a harmful outcome.
The Senior Planning Officer reported that the design of development on this east boundary would need to reflect the edge of settlement context when reserved matters stage follows, in line with the recommendations of G3.22 of the Landscape Character Assessment.
The Senior Planning Officer reported that an ecology Preliminary Environmental Assessment (PEA) has been produced and submitted. Norfolk Ecology had responded. There were 7 ponds or water features within 250m of the site that either provided habitat for or supported great crested newt populations. However, Central Government had recently introduced measures to prevent the presence of newts from delaying development under the District Level Licence scheme. This required developers to pay for offsite improvement to habitat suitable for newts rather than protecting individual populations. The former method of survey, fencing and translocation remained in force, but the essence of the new legislation
was that with an appropriate Certificate from Natural England, applications should not be refused on grounds of the presence of Great Crested Newts. At present, no such certificate had been provided, because the certificate that had been submitted had not been counter-signed by Natural England. If one was not present at the time of determination, then either the application cannot be determined positively at that time (though a resolution subject to, could be made), or this should form part of the refusal reason.
The Senior Planning Officer reported that the housing team had been critical that the mix was all three-bedroom development, and whilst the numbers were fixed by the need to agree a section 106 for affordable housing contribution at outline planning stage, this could be
addressed by variations to the indicative plans at reserved matters. In any case, the provision of substantial open space and a more mixed offer of property size would be necessarily negotiated as part of the reserved matters stage. This too would be able to address the need to reduce scale towards the country edge of the site to create a softened urban edge.
The Senior Planning Officer reported that as the land to the north with the approval for seven units was as yet unbuilt and in the same ownership, for the purposes of determining affordable housing contribution, this fell within emergent policy H2 – “Affordable housing on phased or cumulative developments” as this policy had not been commented on at consultation, it carried very considerable weight in advance of formal adoption of the emergent plan, this matter however was subject to negotiation as part of the section 106 agreement. This needed to reflect the combined development of 40 homes rather than 33 on this specific site and deliver 8 affordable units. If this was not secured, a section 106 would not be signed and the application would have to remain undetermined, any appeal made against non-determination would then reference policy H2, but this was not a matter that would inform the recommendation in this report other than to direct how the section 106 should be framed in making recommendation at this time.
The Senior Planning Officer reported that in regard to access and highways, the drawing reference 20/230/04 showed vision splays of 2.4 x 67m westerly and 2.4 x 60m easterly at the Symonds Avenue to Station Road junction and 2.4 x 65m in both directions at the Symonds Avenue to Foster Close junction. This was sufficient for the County Council to make no objection with regard to the suitability of the access, this was the one matter identified as being for consideration at outline stage. The County had raised an issue of continuous footway access to the village along Station Road, however, this was now available as recent pavement works had been completed and in addition, there was a further off-road route. It has been confirmed that the width of the access at 5.5m carriageway width with footpaths to both sides was the same dimensions as Symonds Avenue.
The Senior Planning Officer reported that the applicant had approached the landowners of the field to the east and a haul road for construction purposes could be negotiated on a temporary basis across this land to allay some of the objections made on this issue. Whilst this offer was not presently certain and a recent suggestion to put a haul road through the grounds of “Beechcroft” was not considered useful, Members could, if minded to overturn the recommendation to resolve to approve, subject to the haul road through the field being effected. To that end, the applicant had also suggested that a pre-commencement condition
for a Construction Management Plan, including the haul road and other measures to be agreed, would be acceptable to them.
The Senior Planning Officer reported that since deferral, a large number of further objection letters had been received. One point made by correspondents, was that whilst the Local Lead Flood Authority had agreed that this site would have a run off rate below the Greenfield (undeveloped) rate. This was acceptable to the LLFA, but they were concerned that other smaller scale development that did not have sustainable drainage provision would cause increased harm to them. While this would be true once those properties were built, the LLFA
had confirmed that the requirements of sustainable drainage were met. Logically, if this development does not go ahead, water would continue to run off the field like it did now and so the addition of other impermeable areas in the vicinity, would not be addressed in terms of impact. The applicant’s flood engineer had also confirmed that notwithstanding the foregoing, he had conducted sustainable drainage for the Dairy Farm site, in line with building regulation principles.
The Senior Planning Officer reported that it was considered that Covid 19, might impact on the delivery of housing, however, any impacts had yet to be realised. The Government had taken various steps such as extending commencement dates for planning permissions. In the context of the responses to submissions made to the Local Plan Par 2 at Public Examination, the planning team had responded that “The Borough Council would also play a role in supporting house builders to ensure that its housing targets were met. In any case, changes to housing targets and land availability on the plan were unlikely to mitigate any effect. No change required”. (to the local plan part 2). It was noted that housing transactions and building construction operations were sectors less impacted by the lockdown. Officers consider it was too early to lend weight to impacts from Coronavirus.
The Senior Planning Officer reported that the applicant considered it was unfair that the recommendation had changed because the housing supply figures only become out of date next month, as could be seen from the foregoing report, officers considered that the weight to be accorded increased and it was a matter of planning balance, rather than that the matter resolved as a switch being operated. This scheme was delayed because the issue of Newts arose during the process and the timing of the Government’s introduction of District Level Licencing did not enable a positive decision until that scheme was announced and details provided. In a shifting policy landscape, decisions had to reflect the circumstances at the
time they were made.
The Senior Planning Officer reported, that in conclusion, the site offered a contribution to housing supply and was relatively well located in relation to the pattern of the settlement, albeit accessed in a slightly convoluted manner through other land with existing permission for development in this applicant's ownership. The predicted housing land supply and objectively assessed need provided increasing weight against the proposal in and the current objectively assessed need carried diminished weight given the imminence of the re-calculation of need, on balance, which now suggested the proposal should be refused. This was a fine balance and the recommendation was changed to reflect those being made elsewhere at Committee to demonstrate consistency.
The Senior Planning Officer reported that the application was recommended for refusal as it was contrary to the development plan and not required by virtue of diminished housing need underpinned by the national method of calculation.
Mr Glen Holmes, applicant's agent, addressed the Committee and reiterated the salient areas of the application. He highlighted that when the application was first heard by the Committee in September, the recommendation was for approval but this had now been changed to refusal due to the recent changes in the Council's housing land supply figures. He urged the Committee to apply common sense during their determination and urged them to approve the application which would result in much needed homes for the village.
Mr Clare, objector, reported the concerns of local residents to the Committee. He realised that it was difficult for the Committee to appreciate their concerns as Ormesby did not have a Neighbourhood Plan in place. However, the residents were upset at the loss of Grade 1 agricultural land and the spur off of Foster Close was not large enough to serve the proposed development.
Mrs Christine Lee, Parish Council representative reported the strong views of the Parish Council and urged the Committee to refuse the application on the grounds of loss of Grade 1 agricultural land and road safety concerns.
Councillor A Wright asked for confirmation as to the progress of the Neighbourhood Plan. Mrs Lee reported that a public questionnaire was due to be sent out on 2 December 2020 but the plan had been delayed due to Covid19.
Councillor Freeman, Ward Councillor, reported that Station Road was a well-known rat-run used by 40,00 plus vehicles a month with no footway and that it could not take the additional vehicular movements which would result from the development. he asked the Committee to adhere to the officer recommendation and refuse the application.
Councillor Wainwright reported that he was confused that the application had come back to the Committee with a different officer recommendation. Speeding and rat-runs were problems experienced across the Borough and not just Ormesby, and therefore, he could see no reason to refuse the application and would vote in favour of the application, which would result in 16, 2-bedroom starter homes built in the village which would allow local young people to get on the housing ladder and remain in the village they had grown up in.
Councillor Bird reported that he agreed with Councillor Wainwright's views, as did Councillors Myers and Williamson.
Councillor A Wright reported that he was in favour of approval as the Neighbourhood Plan was still in its infancy and the application land was mainly Grade 3 and not Grade 1.
Councillor Wainwright proposed that the application be approved with the requested conditions. This was seconded by Councillor Williamson.
RESOLVED:-
That application 06-20-0156-0 be approved subject to s106 for affordable housing (in combination with the site to the north) and for recreational mitigation based on the 33 dwellings and approximately £70k for primary school education, and £2475 for contribution to library service. A timing condition in accordance with outline applications. Application for details of reserved matters. Conditions for the timing of the surfacing the access, wildlife mitigation, lighting design, security fencing for protection of trees and details of permanent hard and soft landscape within the reserved matters. Conditions are required to address potential land contamination and site development noise and dust. A condition to secure further reserved matters details for electric vehicle charging facilities is recommended. Archaeology conditions are required.