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APPLICATION NO. |
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APPLICATION TYPE |
FULL APPLICATION |
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REGISTERED |
20.2.2022 |
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PARISH |
HENLEY-ON-THAMES |
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WARD MEMBERS |
Ken Arlett, Kellie Hinton, Stefan Gawrysiak |
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APPLICANT |
Mr & Mrs Spiers |
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SITE |
Land Adjacent to 23 Haywards Close, Henley on Thames, RG9 1UY |
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PROPOSAL |
Erection of 4-bedroom detached dwelling (site location plan corrected and biodiversity information submitted 20th February 2022 and updated energy statement and specification received 6th May 2022). |
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OFFICER |
Paul Lucas |
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1.0 |
INTRODUCTION AND PROPOSAL |
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1.1 |
This report sets out the justification for officers’ recommendation to grant planning permission having regard to the development plan and any other material planning considerations. The application is referred to the planning committee due to a difference between officers’ recommendation and the views of Henley Town Council.
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1.2 |
The application site is shown at Appendix A. It comprises a residential plot within the built-up area of Henley, consisting of a plot of land at the end of Haywards Close, adjacent to No.23. The site borders the rear garden of 63 Gainsborough Hill to the south and the rear garden of 18 Harcourt Close to the north. Makins recreation ground borders the east of the site. There are no buildings on the land, which slopes steeply upwards from north to south. There is a public right of way running through the site from the end of Haywards Close to the recreation ground, with roughly cut stairs into the slope. There are several trees around the boundaries of the plot and until recently, there was other vegetation on the site which has been removed. Mature trees on the site were felled prior to an earlier application being submitted. The site does not fall within any areas of special designation.
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1.3
1.4
1.5 |
The application seeks planning permission for
the erection of a detached dwelling and garage, as shown on the
current plans and supporting documents. The dwelling
The public right of way is subject to a Public Path Order for stopping up and diversion under Section 257 of the Town & Country Planning Act 1990. This order was made in August 2013 and confirmed in October 2013. Although the order refers to planning permission P11/E0545, because the 2013 order was confirmed, and the diverted path in the current application is set out precisely in accordance with that shown under P11/E0545, the County Council are still able to certify the 2013 order and thus allow it to be effected. A condition of the order is that the alternative footpath must be in place before the existing footpath is extinguished.
A copy of the plans is attached as Appendix B and other documentation associated with the application can be viewed on the council’s website, www.southoxon.gov.uk. |
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2.0 |
SUMMARY OF CONSULTATIONS & REPRESENTATIONS |
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2.1 |
Henley-on-Thames Town Council - Recommend refusal on the grounds that this would be overdevelopment of the site and be out of keeping with the street scene and character of the area. This would constitute development beyond the urban area of Haywards Close and would be unneighbourly. It would result in the removal of important trees on the site and a footpath being diverted which would be unacceptable.
Countryside Officer (South and Vale) – No objection subject to ecological mitigation and enhancement, external lighting and biodiversity offsetting conditions.
Drainage - (South&Vale) – No objection subject to surface water and foul drainage conditions.
Forestry Officer (South and Vale) – No objection subject to tree protection and landscaping conditions.
South -Highways Liaison Officer (Oxfordshire County Council) – No objection subject to parking and garaging conditions.
Contaminated Land – No objection subject to contaminated land conditions.
CPRE -N J Moon (Rights of Way) – No objection subject to compliance with existing footpath order.
The Henley Society (Planning) - The original developers of Haywards Close clearly regarded the site unsuitable for an additional house. We consider this proposal to be an over-development and out of character with neighbouring houses and with the adjoining recreation ground.
Energy Assessor (ESE Ltd) – No objection to updated energy statement subject to verification condition.
Thames Valley Police Crime Prevention Design Advisor - would like to draw your attention to the Thames Valley Police comment on the previous application, P11/E0545, which remains valid against this application.
Third Parties – Five representations of objection/concern, summarised as follows: · Concern about loss of footpath link · Footpath diversion would not comply with TVP recommendations and lead to opportunities for crime · Unduly large and prominent and out of keeping with adjoining dwellings · Land clearance prior to application · Loss of biodiversity · Loss of light to surrounding properties · Increased traffic · Double yellow lines should be introduced to the hammerhead at the end of Haywards Close · Loss of view and property value [not planning matters]
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3.0 |
RELEVANT PLANNING HISTORY |
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3.1 |
P11/E0545 - Approved (14/09/2011) Construction of one detached house and garage.
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4.0 |
ENVIRONMENTAL IMPACT ASSESSMENT |
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4.1 |
The proposed development is not Schedule 1 or 2 development as defined by the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 so an Environmental Impact Assessment is not required. |
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5.0 |
POLICY & GUIDANCE |
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5.1 |
Development Plan Policies |
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South Oxfordshire Local Plan 2035 (SOLP) Policies: CF1 - Safeguarding Community Facilities DES1 - Delivering High Quality Development DES2 - Enhancing Local Character DES3 - Design and Access Statements DES5 - Outdoor Amenity Space DES6 - Residential Amenity DES7 - Efficient Use of Resources DES8 - Promoting Sustainable Design DES10 - Carbon Reduction ENV1 - Landscape and Countryside ENV2 - Biodiversity - Designated sites, Priority Habitats and Species ENV3 - Biodiversity EP3 - Waste collection and Recycling EP4 - Flood Risk H1 - Delivering New Homes H3 - Housing in the towns of Henley-on-Thames, Thame and Wallingford HEN1 - The Strategy for Henley-on-Thames INF4 - Water Resources STRAT1 - The Overall Strategy STRAT5 - Residential Densities TRANS5 - Consideration of Development Proposals
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5.2 |
Joint Henley & Harpsden Neighbourhood Plan – made 14 April 2016 DQS1 – Local Character EN1 – Biodiversity H4 – Infill and self-build dwellings T1 – Impact of development on the transport network
Review Neighbourhood Plan – limited weight at this stage: Henley-on-Thames Town Council has submitted a reviewed neighbourhood plan to South Oxfordshire District Council. If adopted, the reviewed plan will replace the Joint Henley and Harpsden Neighbourhood Plan adopted on 14 April 2016. The publicity period on the draft plan concluded on 16 March 2022. The draft plan documents and comments received during the publicity period have now been submitted for independent examination.
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5.3 |
Supplementary Planning Guidance/Documents |
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South Oxfordshire Design Guide 2016 (SODG 2016) – Section 7 Plots & Buildings |
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5.4 |
National Planning Policy Framework and Planning Practice Guidance
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5.5 |
Other Relevant Legislation |
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Human Rights Act 1998 The provisions of the Human Rights Act 1998 have been taken into account in the processing of the application and the preparation of this report. |
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Equality Act 2010 In determining this planning application the Council has regard to its equalities obligations including its obligations under Section 149 of the Equality Act 2010. |
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6.0 |
PLANNING CONSIDERATIONS |
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6.1 |
The planning issues relevant to this application are whether the development would:
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6.2 |
Principle of Development The SOLP 2035 Policy STRAT1 sets out the overall strategy for the District. It seeks to focus most major new development at the growth point of Didcot with Henley, Thame and Wallingford also being a focus for development and regeneration. Infill development on this existing residential site within the built-up area of Henley would be supported in principle by the SOLP 2035 Policy H1 3) iii) and the JHHNP Policy H4.
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6.3
6.4
6.5
6.6
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Loss of Open Space Policy H1 3) iii) of the SOLP 2035 requires
that an important open space of public,
The site is set on a hillside and can be seen
from the roads to the north of the
The application is supported by an ecological assessment and arboricultural information. The survey to inform the ecological assessment was undertaken in July 2021. It is understood that the site was cleared of young woodland, a priority habitat, in September 2021. The ecological assessment has concluded that impacts on protected species are unlikely and that the habitats present are not considered to be a constraint to development. Impacts on designated sites are also considered to be unlikely. The Council’s Countryside Officer (CSO) considers that the conclusions reached for the potential for reptiles to be present on site was based off the previous wooded condition of the land, which has now changed. The CSO is satisfied that currently the site does not support an important local population of reptiles. If the site is maintained in this condition (bare ground, very short vegetation), it is unlikely to be colonised by reptiles. However, the CSO considers that the removal of young woodland, considered in combination with the likely growth of ruderal vegetation and connectivity to nearby suitable reptile habitat (the adjacent off-site woodland), means that given a relatively short period of time, the suitability for reptiles is likely to increase materially and could support populations. Due to the size of the site and relative quality of surrounding habitats, the CSO is generally satisfied that a reptile mitigation strategy, using phased habitat clearance under supervision would be appropriate. The submitted metric assessment has concluded that the loss of woodland and formation of a dwelling will result in a net loss of biodiversity (loss of 0.77 units). The CSO is satisfied that the metric has been completed appropriately. Biodiversity offsetting would be a suitable mechanism to address this net loss. The CSO is content that both reptile mitigation and biodiversity offsetting could be dealt with through planning conditions in compliance with the SOLP 2035 Policies ENV2 & ENV3 and the JHNNP Policy E1. As such, the proposal would accord with the relevant criterion of the SOLP Policy H1.
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6.7
6.8
6.9
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Visual Impact The SOLP 2035 Policy DES1 seeks to ensure that all new development is of a high-quality design subject to a series of criteria. The SOLP 2035 Policy DES2 states that all new development must be designed to reflect the positive features that make up the character of the local area and should both physically and visually enhance and complement the surroundings. These objectives are reinforced by the JHHNP 2016 Policy DQS1. These policies are also supported by advice contained within the SODG 2016. Policy ENV1 seeks to protect existing landscape features.
The existing dwellings in Haywards Close are three storey town houses cut into the slope. The proposed dwelling would be of a very different design to the existing dwellings in Haywards Close. The rationale behind the different design is partly to take into account the changes in levels on the site. The different ridge lines would help to break up the bulk of the proposed building. Officers consider that the change in design would not be harmful to the character of the area as it would be positioned at the end of the road and the main body of the dwelling would be level with the front building line of the adjoining properties. As such, it would not appear unduly prominent and would add some variety to the street scene. The proposed dwelling would incorporate a garage that projects forward of the main body of the dwelling. In this case, the dwelling is at the very end of the road and the proposed garage would only be seen against the wooded backdrop to the east. Suitable external materials could be secured by a planning condition. The Council’s Tree Officer has raised no objections to the proposed development, subject to a compliance condition being attached to secure the erection of all tree protection measures set out within the submitted arboricultural report and tree protection plan before any works start on site. A landscaping condition should also be attached to secure planting details to help soften the appearance and quality of the development.
It is also a material planning consideration that the planning committee reached a similar conclusion in relation to its visual impact when assessing application P11/E0545 with similar site conditions against the equivalent policies under the previous Development Plan. In light of this assessment, officers consider that the development would have an acceptable impact on the character and appearance of the area and the proposal would comply with the above policies.
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6.10
6.11
6.12
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Residential Amenity Impact The SOLP 2035 Policy DES6 relates to residential amenity and requires that development proposals should demonstrate that they will not result in significant adverse impacts on the amenity of neighbouring uses, when considering both individual and cumulative impacts in relation to loss of privacy, day light and sunlight, dominance or visual intrusion, noise or vibration, smell dust, heat, odour or other emissions, pollution and external lighting. The SOLP 2035 Policy DES5 aims to provide adequate outdoor amenity space in line with Section 7 of the SODG 2016.
The main body of the proposed dwelling would be located alongside No.23 Haywards Close and would be positioned 6 metres from the side elevation of this neighbour. Given this gap, officers consider that the development would not be overbearing or result in a loss of light to this neighbour. The proposed dwelling would have a bathroom window facing No.23 and officers have recommended a condition requiring this to be obscure glazed/fixed shut to protect the privacy of the neighbours. Officers consider that the distance to all other neighbouring properties would be sufficient to ensure that the development would not impact on any other neighbouring occupiers in terms of light, outlook and privacy.
The size of the garden would exceed the 100 square metres recommended minimum for dwellings of this size and would also be larger than some of the neighbouring properties. As the recreation ground adjoins the site, the occupiers would benefit from very easy access to open space. Officers therefore consider that the internal and external space would provide satisfactory living conditions for future occupiers. It is also a material planning consideration that the planning committee reached a similar conclusion in respect of residential amenity when assessing application P11/E0545 with similar site conditions against the equivalent policies under the previous Development Plan. Based on this assessment, the proposed development would meet the above policies.
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6.21
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Access and Parking The SOLP 2035 Policy TRANS5 and the JHHNP 2016 Policy T1 seek to ensure that development would not be prejudicial to highway and pedestrian safety. The Highway Liaison Officer has commented that the access to the site would be adequate and has raised no objections to the scheme provided that a condition is imposed requiring the garage and parking spaces to be provided in accordance with the plans and retained except for the parking of vehicles. It is also a material planning consideration that the planning committee reached a similar conclusion in respect of access and parking when assessing application P11/E0545 with similar site conditions against the equivalent policy under the previous Development Plan. The proposed development would therefore be in compliance with the above policies.
Public Right of Way Public rights of way are included as an essential community facility under the SOLP 2035 CF1 criterion 4. There is an existing public right of way which runs diagonally across the site and provides access from the end of Haywards Close to the recreation ground adjoining the southeast corner of the site. Several objections raised by local residents relate to the loss/diversion of this route.
As with application P11/E0545, the applicant has indicated an alternative route on the plans and supporting documents that would be provided as part of the development to maintain the useful pedestrian link between Haywards Close and the recreation ground. The Design and Access Statement accompanying the application advises that the alternative route would be hard surfaced with steps, handrail and lit after dark. Following the granting of planning permission P11/E0545, a Public Path Order for stopping up and diversion under Section 257 of the Town & Country Planning Act 1990 was made in August 2013 and confirmed in October 2013. Although the order refers to planning permission P11/E0545, because the 2013 order was confirmed, and the diverted path in the current application is set out precisely in accordance with that shown under P11/E0545, the County Council are still able to certify the 2013 order and thus allow it to be effected. A condition of the order is that the alternative footpath must be in place before the existing footpath is extinguished.
Some residents have also commented that the
new route of the path could be
It is also a material planning consideration that the planning committee reached a similar conclusion in respect of the diversion of the public right of way when assessing application P11/E0545 with similar site conditions against the equivalent policy requirement under the previous Development Plan. Taking all these factors into account, officers consider that the route of the proposed footpath would be an acceptable alternative to the existing route in accordance with the above policy.
Other Material Planning Considerations The SOLP 2035 Policies DES8 & DES10 seek to ensure that all new development minimises the carbon and energy impacts of their design and construction and should be designed to improve resilience to the anticipated effects of climate change. The Energy Statement submitted in support of the application has been vetted and a verification planning condition could require implementation details to be submitted and agreed. A planning condition to secure EV charge points is also recommended in accordance with the SOLP 2035 Policy TRANS5 ix).
Exceptionally, a condition removing permitted development rights for various forms of householder development and means of enclosure are considered necessary to allow the Council to exercise control over any future additions to the new dwelling that might otherwise result in visual harm, loss of residential amenity, damage/loss of retained trees or impact on the diverted public right of way.
Matters relating to contaminated land and surface water and foul drainage could be dealt with by pre-commencement planning conditions, as agreed by the relevant specialist officers.
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6.22 |
Community Infrastructure Levy The application is CIL liable at a rate of £150 per square metre of additional floorspace (index linked), 25% of which would go to Henley Town Council due to the made neighbourhood plan. |
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6.23 |
Pre-commencement conditions Ecological Mitigation & Enhancement Strategy Biodiversity Offsetting Contaminated Land Preliminary Risk Assessment External Lighting Surface Water Drainage Foul Water Drainage |
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7.0 |
CONCLUSION |
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7.1 |
The application proposal would comply with the
relevant Development Plan Policies, |
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8.0 |
RECOMMENDATION |
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8.1 |
Grant Planning Permission subject to the following conditions:
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1 : Commencement of development with three years. 2 : Development to be in accordance with the approved plans 3 : No change in levels 4 : Schedule of Materials to be agreed 5 : Obscure glazing to bathroom window 6 : Withdrawal of permitted development (Part 2 Class A) - no walls, fences etc 7 : Withdrawal of permitted development (extensions/outbuildings/hardstandings) 8 : Energy Statement verification to be provided prior to occupation 9 : Parking & Manoeuvring Areas retained in accordance with the approved plans 10 : No Garage conversion into accommodation 11 : Landscaping details (including hardstandings) to be agreed 12 : Tree protection to be implemented in accordance with the submitted details 13 : Boundary walls & fences to be agreed 14 : Ecological Mitigation and Enhancement Strategy to be agreed 15 : Biodiversity Offsetting details to be agreed 16 : Contaminated Land investigation details to be agreed 17 : Cessation of development if unsuspected contamination is found 18 : Contaminated Land remediation details to be agreed 19 : External Lighting details to be agreed 20 : Electric Vehicles Charging Point to be provided 21 : Surface Water Drainage details to be agreed 22 : Foul Water Drainage details to be agreed
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Author: Paul Lucas
Email: Planning@southoxon.gov.uk
Tel: 01235 422600