CHESHIRE WEST AND CHESTER COUNCIL

PLANNING COMMITTEE – 19 July 2011

APPLICATION NUMBER: 11/00940/FUL

DESCRIPTION OF DEVELOPMENT: The erection of 5 new dwellings, together with a

new highway access and an improved existing access.

SITE ADDRESS: Yew Tree Farm, Middlewich Road, Nether Peover, Northwich,
Cheshire WA16 9QD

APPLICANT: Mr Beharrell

WARD: Shakerley

WARD MEMBERS: Councillor Mark Stocks

CASE OFFICER: Neil Lewis - Tel: 01606 288673

RECOMMENDATION: Approve Subject to S.106 Legal Agreement

Reason for being reported to Planning Committee: The application has been called in
to the Planning Board by Cllr Stocks due to concerns with highway safety, the scale of the
development and impact on amenity.
1.0 SITE DESCRIPTION

1.1 The application relates to an area of land contained within the former farm yard at
Yew Tree Farm which is approximately 0.73ha in area. The site is located within
the Swan Green settlement boundary as defined by the adopted Vale Royal
Borough Local Plan First Review Alteration. The site is accessed directly off
Middlewich Road and currently accommodates five properties; one of which is a
Grade II listed barn which has previously been converted to a residential
property. There are a mixture of building styles and design within this area and
varying building lines within the immediate area.

2.0 PROPOSAL

2.1 This is a full planning application for the erection of five two storey detached
dwellings. Three properties will be accessed via the existing access which serves
the existing farmhouse and two properties will be accessed via the proposed new
access located to the north of the existing access; this access will also serve the
listed barn. The two properties which will front on to Middlewich Road will be 3
bed affordable houses and the three properties to the rear will be larger 4 bed
properties.

3.0 RELEVANT PLANNING HISTORY

3.1 The site has been subject to a number of applications including the conversion of
two outbuildings to residential properties in the 1990’s (4/21418).

4.0 RELEVANT POLICIES

4.1 National

Planning Policy Statement 1

Planning Policy Statement 3
Planning Policy Guidance 13

4.2 Vale Royal Borough Local Plan First Review Alteration:

BE1 – Safeguarding and improving the quality of the environment

BE5 – Historic Environment
T1 – General Requirements
H4 – Housing Development Hierarchy
H5 – Windfall Sites
H12 – Density
NE5 – Protected Species
RT3 – Open Space in New Developments

4.3 Supplementary Planning Guidance/Documents:

Supplementary Planning Guidance 1: Outdoor Space Standards for New

Dwellings
 Supplementary Planning Document 1: Affordable Housing
Supplementary Planning Document 3: Developer Contributions

5.0 CONSULTATIONS

5.1 Lower Peover Parish Council: Objects, the proposal is overdevelopment and out
of keeping with the area. Concerns with highway safety and the use of land
outside of the applicants ownership as part of the visibility splay

CWAC Spatial Planning: Satisfied that the proposal addresses previous concerns
raised as 40% affordable housing is being proposed. Material considerations for
the principle of this proposal include that there is a less than 5 year supply of
housing land and the location of the site within the village boundary despite
preference for windfall sites.

CWAC Highways DC Officer: No objections subject to conditions relating to

construction of the access, parking, cycle storage, visibility splays and turning
facilities.

CWAC Conservation Officer: No objection.

CWAC Streetscene: A commuted sum is required in lieu of on-site provision of

open space.

CWAC Play Development: No response received.

CWAC Ecology: No objections subject to conditions relating to landscaping,

swallow boxes, nesting season.

CWAC Tree Officer: No objections subject to a condition relating to tree protection

measures.

CWAC Environmental Protection: No objections subject to conditions relating to

noise protection for the future occupiers of the site from road noise.

CWAC Waste Collection Officer: There is sufficient access for the collection
vehicles and storage space for the waste containers.

CWAC Greenspace: Public Footpath No4 runs along the drive and out to the
fields to the east of the site. This footpath is currently subject to enforcement due
to obstruction. The applicant should be required to apply for a diversion and
provide the Greenspace Team with details of any change of surfacing.

5.2 Letters of representation have been received from the occupiers of Old Mill Farm
Townfield Lane, Allostock and Pine Trees, Foxhayes, Walnut Cottage, Crown
Lane, Dashwood and Newcroft, Middlewich Road. The main areas of concern
relate to:

- Overdevelopment;
- Highway safety and increased traffic;
 - Out of keeping with the character of the area;
- The proposal will set a precedent;
- Concerns with refuse collection;
- Disturbance during construction;
- A tier 3 location greenfield site;
- Impact on neighbouring amenity;
- The site has been developed over the last 3 years;
- Currently a border dispute at this site;
- Concerns with drainage;
- The plans misrepresent the amount of trees behind plots 3 and 4;
- Impact on local school;
- Limited amenities in the local area;
- Detrimental impact on the Listed Building;
- Detrimental to wildlife;
- There is an existing driveway opposite the proposed new access.

Letters of support have been received from the occupiers of Barn House The
Cobbles, The Old Barn, Hulme Lane, 15 Birchwood Drive and Rose Cottage, Yew
Tree Farm, 7 Verdin Avenue, Winnington and Country Land and Business
Association. They comment that the proposal will:

- Removal of redundant unsightly agricultural buildings;

- The proposed dwellings will be energy efficient;
- Self build properties will allow long established residents to remain in the
village;
- The proposal will support the local school;
- There is a presumption in favour sustainable growth in communities;
- In keeping and preserve the character of the area;
- This opportunity will be very positive for the future of the village and its
residents;
- Little impact on the surrounding area;
- Reduction in the built area on the land;
- In close proximity to a variety of amenities.

6.0 ISSUES AND ASSESSMENT

Principle of development:

6.1 As there is currently a less than five year supply of housing land in the Borough,
applications for new housing on unallocated sites can be given consideration as
windfall housing sites, in accordance with Local Plan Policy H5 and PPS3
Housing. SPD2 states that when there is a shortfall in housing land, applications
for windfall housing to address the shortfall can be considered subject to an
assessment against sustainability criteria listed in Section 6. This is to ensure that
windfall housing sites continue to be located in sustainable locations and fulfil the
general aims of the development plan for the area. SPD2 identifies that the
preference for new residential development will be within Tier 1 and 2 locations,
however Swan Green is defined as a Tier 3 location.
6.2 In order to address this policy conflict, the applicant has submitted an
assessment against the criteria outlined in section 6 of SPD2 which identifies
that the site is located within a village boundary and has access to a range of
local facilities and services. These include a Post Office, general store, church,
primary school and nursery school. PPG13 identifies that such facilities should
be accessible by public transport, walking and cycling and this has been
demonstrated to be the case within the supporting information, as the facilities
listed above are all within 15 minutes cycling and walking distance. In addition to
this the site is within 5 minutes drive or 10 minutes cycling of Plumley Train
Station which offers services to Chester and Manchester. Furthermore the
applicant has also confirmed that plots 1 and 2 will be retained as affordable
units aimed at local people, which equates to 40% of the proposed housing. In
accordance with the Planning Inspectorate model conditions it is recommended
that a condition is attached to determine the tenure of the properties and to
ensure that the housing will remain affordable in perpetuity.

6.3 As the proposal is relatively small scale, within the defined settlement boundary
and in close proximity to a range of local services it is considered to be in a
sustainable location. Furthermore the proposal includes an element of affordable
housing which will contribute towards making a mixed, more vibrant community.
In light of the above Spatial Planning Policy have raised no objections to the
proposal.

6.4 It is worth noting that a recent appeal decision from February 2011 for 33
dwellings at Fourways Inn, Chester Road, Oakmere accepted the principle of
residential development within a tier 3 settlement. The inspector identified that
residents from the proposed scheme would be expected to support local facilities
and in doing so, result in some degree of community benefit and that the
proposed affordable housing would provide people with a strong local connection
that are in need of an affordable home the opportunity to live in the area. The
Inspector also identified that the local services within Oakmere and Delamere
maybe closer to the appeal site than would be the case in some urban areas.
While the proposal at the Fourways Inn was a larger scheme, comparisons can
be drawn between the principles identified above and the current proposal site in
terms of the proximity of the proposal site to local facilities and the community
benefits gained from the proposed development.

6.5 While the proposal conflicts with the adopted policy there are other material
considerations which are considered to justify a departure from the adopted policy
position in this instance.

Impact on amenity

6.6 The surrounding development comprises of residential properties to the north

and west and open fields to the east and south. Concerns have been raised over
the impact of the development on neighbouring amenity. However, the proposed
properties have been sited to comply with the Council’s spacing standards
guidance as contained within SPG1 which are 22m from principle window to
principle window and 13m from blank gable to the principle window of adjacent
property. The proposed properties are over 30m from the properties to the west
 and over 35m from Foxhayes and Pine Trees to the north. The north facing
gable of plot 2 will be 14m from Walnut Cottage which is located to the north of
the application site and while there are two openings on the side elevation of plot
2 these are a high level landing window and a ground floor obscure glazed W/C
window. Plot 3 is the closest property to neighbouring property Chestnuts which
is located to the northwest of the site and is over 27m away from Chestnuts at its
closest point. While there are two first floor opening proposed on the west
elevation facing Chestnuts serving a Guest bedroom and sewing room the
proposal does comply with the guidance outlined in SPG. In light of the above it
is considered that the proposal would not have a significant impact on
neighbouring amenity and it would be difficult to sustain any objection with
regards to a significant loss of privacy or amenity as a result of this scheme.

6.7 The scheme has also been designed to safeguard the amenity of the future
occupiers of the proposed and existing dwellings within the application site. Due
to the size, layout and orientation of proposed properties and openings it is not
envisaged that the proposal will result in any of the properties overshadowing,
overlooking or over dominating each other to an extent which is detrimental to
the amenity of future occupiers of the site. It is recommended that Permitted
Development Rights Part 1 Classes A-C and E are removed to allow the Local
Planning Authority to retain control over any further development of the site and
assess the impact on neighbouring amenity. Environmental Protection have
requested that a condition is attached to ensure that the future occupiers of the
proposed properties are safeguarded from road noise.

Design and Layout

6.8 The area is mixed in character and appearance and contains buildings of different
styles, built during different periods, from varying materials. This stretch of
Middlewich Road is defined by bungalows and two storey detached dwellings with
a mix of architectural features such as dormer windows, projecting gables and
hipped roofs. There is no fixed building line within this area and it is considered
that to infill this area will not have a significant impact on the character of
development in this area. The larger properties will be located to the rear of the
site and will be partly screened by the existing boundary hedge and converted
barns on the site. The two properties located at the front of the site will be set
back from Middlewich Road and located to the rear of the existing mature
boundary hedge. The proposed materials to be used for the properties will be
timber cladding, brickwork and lime render which will integrate the proposal in to
the character of the surrounding area through and also retain the agricultural
heritage of the site through the use of timber cladding.

6.9 The erection of 5 additional dwellings on this site which measures 0.73ha
equates to a density of 13.6 dwellings/per hectare which is below the required 30
dwellings/hectare specified in policy H12 of the adopted Vale Royal Borough
Local Plan, First Review Alteration. However, national planning policy in the
form of PPS3 (which was last updated in June 2011) has now removed specific
density levels. Given the location of the site it is considered that the proposed
development would make efficient use of the site while not compromising the
character of the surrounding area.
6.10 It has been demonstrated that the proposal site can accommodate 5 dwellings
with off-street parking, private amenity space, which respects the scale of
neighbouring properties, it is therefore considered that the proposal would not
constitute an overdevelopment of the site.

6.11 As identified previously within the complex of Yew Tree Farm is a grade II listed
barn. It is therefore important that any development is sensitive to the historic
importance of the barn. The Councils Conservation Officer has raised no
objections to the proposal and has identified that as the farm complex has
become domesticated over a number of years the setting of the listed barn has
altered dramatically and it does already appear to be part of a domestic grouping
of buildings rather than an agricultural site. In light of this it is considered that the
addition of two further houses, adjacent to the existing barn will not have a
detrimental impact upon the setting of the listed building.

6.12 Overall, it is deemed that the proposed dwellings do not compromise the quality
of the proposals or result in an adverse impact on the character of the area.

Highways

6.13 The highways department have indicated that there are no highways objections to
this proposal subject to conditions relating to the construction of the access,
parking provision, cycle storage, turning facilities and visibility splays. It is noted
that there have been a number of concerns raised in relation to highway safety
however, the Highways Officer has identified that this stretch of road is governed
by a 30mph speed limit and that the proposed visibility splays are in accordance
with that identified in Manual for Streets guidance for 30mph roads. It is
acknowledged that there is vegetation planted by a third party at the tip of the
visibility splay which is outside of the applicants ownership however the highways
DC Officer has confirmed that this vegetation will not have a detrimental impact
on the safety of the new access.

Ecology

6.14 The Council’s ecologist has raised no objections to the proposal. While bats have
been found to be present on the site within the listed barn and farmhouse, the
mitigation measures proposed, in the form of bat boxes, are deemed to be
appropriate. The survey identifies that the potential for Great Crested Newts is
limited because nearby ponds are separated by roads and cultivated farmland. It
is therefore recommended that a condition is attached should the application be
approved for a statement of reasonable avoidance measures for Great Crested
Newts to be submitted. Swallows were found to be nesting within the wooden
barn (Building 2) and works to this barn should be carried out outside of bird-
nesting season, as should any works to trees and hedgerows. Swallow boxes
should be erected on the new building and again it is recommended that this is
conditioned.

6.15 The Conservation of Habitats and Species Regulations 2010 requires all local
planning authorities, in the exercise of their functions, to have regard to the
 provisions of the Habitats Directive. Where a European protected species may be
affected, it is important that planning decisions are reached in a manner in
accordance with the Directives requirements. These requirements include a
system of strict protection for European protected species, with derogations from
this strict protection only being allowed in certain circumstances subject to certain
tests being met. Regulation 53 of the Conservation of Habitats and Species
Regulations 2010 set out these tests. The LPA is required to consider proposals
against three tests as listed below:

6.16 Regulation 53(2 (e) – The development is for ‘the purpose of preserving public
health or public safety, or other imperative reasons of overriding public interest
including those of a social or economic nature and beneficial consequences of
primary importance for the environment’.

The housing figures for Cheshire West and Chester required the provision of
1300 dwellings per annum and therefore the provision of additional dwellings will
contribute to the policy requirement for new dwellings which will bring social
benefits to the community, including the provision of an identified need for
affordable housing and financial contributions towards public open space.

6.17 Regulation 53 (9) (a) –‘that there is no satisfactory alternative’

It must be recognised that there are always going to be alternatives to a

proposal, (including the ‘do-nothing’ scenario) although it is noted that the
submitted surveys only highlight limited activity at or around the site. In this
regard any impact upon the protected species will be limited and should be able
to be adequately dealt with via the mitigation and reasonable avoidance
measures being proposed. There is not considered to be any satisfactory
alternative.

6.18 Regulation 53(9)(b) – ‘that the action authorised will not be detrimental to the
maintenance of the population of the species concerned at a favourable
conservation status in their natural range’

The submitted Bat survey has been considered by the Council’s Ecologist, and
provides adequate mitigation measures in the form of a purpose built bat boxes
which will ensure that the species will be maintained.

Other Issues

6.19 It is considered that providing an on site amenity space would not be beneficial to
the community given the limited size of the development. In light of this and in
accordance with SPD3 a commuted sum will be required in-lieu of onsite open
amenity space. These monies should be secured through a legal agreement.

6.20 Reference has been made by local residents in relation to refuse collection. The
Council’s waste management service has confirmed that the proposed access is
adequate to accommodate refuse collection vehicles and that there is adequate
storage for waste containers on site.
6.21 A letter of representation has identified that there is currently a boundary dispute
relating to the application site; this is a civil matter and not a material planning
consideration that can be taken into account in the determination of this
application.

6.22 Public Footpath No.4 runs along the existing drive for the property, to the south
of the existing farmhouse and in to the field to the east of the proposal site. It
should be noted that the footpath will not be affected by any of the proposed
plots. The Council’s Greenspace Officer has advised that this footpath is
currently obstructed and subject to enforcement action. In light of this the
Council’s Greenspace Officer has advised that the applicant is required to make
an application divert the footpath and is advised not to change the surface of the
footpath without the agreement of the Greenspace Team. The applicant has
written to the Greenspace Team and is working towards resolving the issue, it is
therefore recommended that the requests made by the Greenspace Officer are
attached as an informative should this application be approved.

6.23 It is noted that there is concern relating disruption during the construction of the
proposal. This cannot be controlled through the planning system however
Environmental Health have powers under the Control Of Pollution Act 1974 to
control noise from construction sites. If complaints are received regarding noise
from a construction site then if considered appropriate a legal notice can be
served requiring that steps are taken by the developer to minimise noise from the
site. With regards to concerns raised in relation to drainage from the site this will
be controlled and assessed under the Building Regulations process.

6.24 Concerns have been raised in relation to the capacity of the primary school. It is
considered unlikely that a development of this size will cause an issue to the
capacity of the local school. Formal comments from the education department
will be referred to in the late items report.

6.25 The Council’s Tree Officer has identified that there are no Tree Preservation
Orders on the site and has raised no concern in relation to the plotting of the
existing trees on the site as identified on the Existing Topographical Site Survey.
The vast majority of trees are to be retained and the Tree Officer has raised no
objection to the removal of those trees indicated to be removed as they do not
have a significant impact on the character of the area.

6.26 Should the application be approved it is recommended that a condition is

attached for details of the proposed foul and surface water drainage to be
submitted for approval.

7.0 CONCLUSION

7.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 provides that
where regard is to be had to the development plan for the purpose of any
determination to be made under the Planning Acts, the determination must be
made in accordance with the plan unless material considerations indicate
otherwise.
7.2 For the above reasons, it is recommended that the application is approval
subject to a S.106 legal agreement and the conditions outlined below.

8.0 Conditions:

1. Time limit to implementation

2. Samples of materials
3. Approved Plans
4. Affordable Housing
5. 10% Renewable Energy
6. Removal of Permitted Development Rights A-C and E
7. Noise protection for future occupiers of the site from road noise
8. Tree Protection measures
9. Reasonable avoidance measures for Great Crested Newts
10. No works during Bird Nesting Season
11. Erection of Swallow Boxes
12. Bat mitigation measures
13. No occupation until access complete
14. No occupation until parking made available
15. Provision of cycle storage
16. Turning facilities provided prior to occupation
17. Visibility splays
18. Boundary treatment
19. Landscaping details
20. Landscaping Implementation
21. Ground levels
22. Details of drainage

8.1 INFORMATIVE:

1. Reason for grant of approval

2. Public Rights of Way