APPLICATION NO.

P21/S2684/RM

 

APPLICATION TYPE

RESERVED MATTERS

 

REGISTERED

10.6.2021

 

PARISH

CHINNOR

 

WARD MEMBER(S)

Lynn Lloyd

Ian White

 

APPLICANT

Castlezens Construction Ltd

 

SITE

Manor Farm, Henton, OX39 4AE

 

PROPOSAL

Reserved matters following outline permission (P18/S1553/O) for appearance, landscaping, layout and scale. The erection of eight dwellings (amended plans submitted 18th October 2021, with reductions in scale and multiple changes to the design of the dwellings, as clarified within the agent’s covering letter. Additional arboricultural report, ecological report and SuDS drainage scheme also received)

 

OFFICER

Simon Kitson

 

 

1.0

INTRODUCTION AND PROPOSAL

1.1

This application has been referred to the District Council’s Planning Committee at the request of the local ward member. The Parish Council also raise a formal objection to the scheme.

 

1.2

The site

The application site (which is shown on the OS extract and aerial photograph attached at Appendix A) comprises an area of land close to 1ha in size, accessed via an existing farm entrance and track leading to the main highway through Henton.

 

1.3

The site does not fall within a conservation area or the Area of Outstanding Natural

Beauty (AONB). However, there is a strong rural character to the surrounding

landscape and the parts of the land are visible in views from Chinnor Footpaths 19 and 19a to the north and east of the site.

 

1.4

The proposal

In 2018, outline planning permission was granted for the residential redevelopment of the site, to provide 8 dwellings (P18/S1553/O, Appendix B). This established the principle of the development, the number of houses and the access arrangement. The current application seeks approval of the reserved matters: appearance, landscaping, layout and scale.

 

1.5

The reserved matters scheme proposes to locate one of the units to the north of the site towards the farm entrance, with the remaining 7 arranged within a courtyard arrangement further to the south.  Following a significant amendment to the scale and designs, the dwellings are intended to have an agricultural aesthetic, taking cues from a range of vernacular barn buildings. There would be a mixture of single and two storey buildings comprising 2 x 5 bed, 2x 4 bed, 3x 3 bed and 1x 2 bed.

 

1.6

The proposal is described in more detail within the submitted plans attached at Appendix C. All associated documents and consultation responses can be viewed on the council’s website: www.southoxon.gov.uk

 

 

2.0

SUMMARY OF CONSULTATIONS & REPRESENTATIONS

2.1

Chinnor Parish Council – Objection:

 

·         Initial submission: The proposal would be an overdevelopment, out of character with the area. There would be an adverse impact upon local amenities, light pollution and drainage issues need to be addressed before development.

 

·         Amendment: Continued objection. No comment provided on revised plans. A Grampian condition is required for drainage issues.

 

County Archaeological Services – No objection, subject to the archaeological condition attached to the outline consent

 

Countryside Officer – No objection:

 

·         Following the receipt of the Great Crested Newt license information, the proposal is acceptable, subject to the provision of biodiversity mitigation and enhancement features, habitat creation and landscaping. The details can be secured by condition.

 

Forestry Officer

·         No objections to the proposed tree loss shown on the submitted Tree Protection Plan.

·         The landscaping plan would have potential conflicts with the drainage arrangement, this would need to be amended when the full drainage details have been agreed. On this basis, there is no issue with this being agreed by way of conditions.

 

Thames Water – No objection

 

·         The scale of the proposed development doesn’t materially affect the sewer network. There is no objection to the foul sewerage arrangement

·         There is no objection to the surface water treatment, provided that there remains no discharge to the public network

 

Drainage Officer – No objection:

 

·         Following the submission of detailed drainage information, and the response from Thames Water, flood risk and surface water drainage matters can be feasibly addressed without exacerbating flood risk to the site or the locality.  Approval should be subject to detailed foul and surface water drainage conditions. This is also a matter conditioned under the outline consent.

 

Highways Liaison Officer (Oxfordshire County Council) – No objection

 

·         The parking and manoeuvring areas are acceptable. The site would have sufficient parking. The proposal would result in a relatively modest previous

·         Increase in vehicle movements but this would not significantly impact the Highway.

·         Conditions and informatives provided.

 

Contaminated Land - No objection

 

Countryside Access – No objection, subject to informatives

 

CPRE – Comments received:

 

·         Concerns over the amount of glazing proposed, particularly Plot 3

·         Any external lighting should be subject to planning approval

 

Neighbour Comments.

 

Comments on initial submission:

 

·         The scale, design and materials proposed at the outset are all inappropriate to the rural surroundings. These fail to take account of the rural vernacular

·         The buildings would dominate the skyline and would introduce light pollution.

·         There are neighbouring amenity issues resulting from the scale, height, and position of window openings

·         The access road is unsuitable for this development, it has already degraded significantly

·         The proposal would exacerbate known surface water and foul drainage issues within the locality.

·         The proposal would create an unacceptable increase in the number of vehicular movements through the village. It is not suited for further developments

·         There would be significant issues associated with the construction activity

 

Comments on amended scheme:

 

·         The access is substandard and would need to be improved

·         The position of the dwelling to the north would be inconsistent with the other properties, resulting and visual and neighbouring amenity issues

·         The proposal may not provide a safe thoroughfare for pedestrians

·         The revised scheme continues to propose a connection to the existing sewer, which is not capable of taking any further input. Surface water discharge would cause further issues

 

 

3.0

RELEVANT PLANNING HISTORY

 

3.1

P19/S4183/FUL - Approved (15/05/2020)

Erection of 2 dwellings (revised plans received 21st January 2020 reducing the scale of the proposed buildings, attaching them and amending other aspects of the design)

 

P19/S0510/FUL - Approved (10/05/2019)

Construct new dwelling (amended site plan received 9th April 2019, adding visibility splays and amended parking area)

 

P18/S1553/O - Approved (17/08/2018)

Outline application (with all matters except for access reserved) for the erection of eight dwellings following demolition of all built form on site

 

P17/S3780/FUL - Approved (18/12/2017)

Proposed outdoor riding arena and stables served by new track from existing access.

 

P17/S3132/LDE - Approved (21/11/2017)

Certificate of Lawfulness for: 1/ Existing Use of Manor Farm Barns and land as an equestrian livery yard; 2/ Retention of overhead floodlighting for the outdoor arena, in breach of condition 3 of planning permission P00/N0401

 

 

 

4.0

ENVIRONMENTAL IMPACT ASSESSMENT

4.1

Not applicable to this application

 

5.0

POLICY & GUIDANCE

5.1

South Oxfordshire Local Plan 2035 (SOLP) Policies:

 

 

 

DES1  -  Delivering High Quality Development

DES2  -  Enhancing Local Character

DES5  -  Outdoor Amenity Space

DES6  -  Residential Amenity

DES8  -  Promoting Sustainable Design

ENV1  -  Landscape and Countryside

ENV12  -  Pollution - Impact of Development on Human Health, the Natural Environment and/or Local Amenity (Potential Sources of Pollution)

ENV2  -  Biodiversity - Designated sites, Priority Habitats and Species

ENV3  -  Biodiversity

EP4  -  Flood Risk

H1  -  Delivering New Homes

H11  -  Housing Mix

H4  -  Housing in the Larger Villages

TRANS5  -  Consideration of Development Proposals

 

5.2

The Chinnor Neighbourhood Plan (CHP) policies;

 

CH H1 – Infill housing

CH C1 – Design

Appendix 4 – Design Guidance

 

 

5.3

Supplementary Planning Guidance/Documents

 

South Oxfordshire Design Guide 2016 (SODG 2016)

 

 

5.4

National Planning Policy Framework and Planning Practice Guidance

 

5.5

Other Relevant Legislation

 

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.

 

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.

 

 

 

 

 

 

 

 

 

 

6.0

PLANNING CONSIDERATIONS

6.1

The outline planning approval has established the principle of the residential development of the site. The main areas of consideration under this application are as follows:

·         The impact of the design, height, scale and materials upon the character of the site and the wider area;

·         The arboricultural impact;

·         The ecological impact;

·         The foul and surface water drainage arrangement;

·         The impact upon neighbouring amenity, in terms of light, outlook and privacy

·         The impact upon the highway network, in terms of highway safety, access and parking provision.

·         The archaeological impacts

·         Contaminated land

 

6.2

Scale and design

The site is not within an area identified as in need of special protection on the basis of historic interest or outstanding natural landscape quality. However, there is a strong rural character to the built form within the surrounding area and the development is at the edge of the village, with a large expanse of farmland to the east. These were recognised as constraints at the time of the outline application. The previous committee report acknowledged these constraints, but also articulated the benefits of re-using previously developed land and the potential landscape improvements arising from the removal of the range of large utilitarian buildings. These do not respond positively to the rural character of the surrounding landscape. The committee accepted that the benefits of granting permission outweighed any harm, subject to detail under the forthcoming reserved matters application. It was anticipated that the final scheme would take strong design cues from traditional agricultural buildings, utilise high quality finishes and materials and use soft landscaping to help assimilate the scheme.  

 

6.3

Officers had significant concerns over the design presented under the initial application submission. That development would not follow closely enough the recommendation for a strong agricultural aesthetic reflecting the defining rural character of the area and the surrounding built from. Whilst intending to reflect a traditional farmstead, the proposal would have created one significant farmhouse type dwelling, leading into a yard of at least five full height two storey dwellings, many featuring two storey ‘midstrey’ porch detail of a type found on a typical threshing barn, but with the form of each building overtly domestic in character. The scheme lacked variation in building scale and status within the group, instead largely replicating a similar and singular building type across the site, with multiple projecting features.   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Initial proposal (now superseded)

 

 

 

6.4

The amendment to the scheme has made a number of important changes which have addressed the key issues raised by officers. The development would be significantly closer to the type of traditional farm type layout which this scheme seeks to incorporate. The overall forms of the buildings have been simplified, a greater proportion of the development would be 1-1.5 storeys and there would be a more legible hierarchy of buildings within the site. The materials have also been changed, with the proposal now largely using timber boarding, red multi bricks and flintwork.

 

Current amended proposal

 

 

 

The changes to the scheme have also addressed earlier concerns raised regarding the housing mix. There would now be an appropriate distribution of 2-5 bed units within the site, bringing the scheme more in line with SOLP Policy H11. The dwelling in plot

 

6.5

Officers have not sought for the dwelling in Plot 1 to be relocated. The position is similar to the indicative layout considered at the outline stage, and with the completion of the new Manor Farm Way pair of dwellings, the building would be positioned at the end of a contiguous line of housing development. The revised detailing for the building is an improvement and the overall scale and ridge height AOD would not be out of keeping with the neighbouring properties. The approximately 4.4m separation from the dwelling to the west is considered acceptable.

 

6.6

Overall, a high-quality design is proposed, using appropriate materials and building forms which take proper account of the rural context of the site, with timber post and rail fencing used throughout to define the plots. Whilst it is acknowledged that the development would have visibility to varying degrees from the neighbouring properties and the public footpaths to the north and east of the site, officers consider that the amended scheme would be much more easily assimilated into the local landscape, aided by the loft boundary treatments proposed and additional landscaping. The landscaping scheme will need further consideration as it will be partly influenced by the final drainage scheme, which is a matter reserved by condition under the outline consent. Through dialogue with the Forestry Team, it is agreed that the specific landscaping detail can be similarly reserved by condition. The principle is acceptable.      

 

 

6.7

Concerns have been expressed in relation to the extent of glazing proposed on several of the properties. The amended scheme has made significant reductions in this area and it is noted that the application now proposes on each property a form of glazing controlling light spill on areas greater than 2 sq. The specification for this has not been provided and officers consider that the visible light transmission (VLT) value should generally be up to 70% to be effective. Details should be obtained by condition. With these measures in place, officers consider that the proposal complies with SOLP Policies DES1, DES2 and ENV1 and CNP Policy CH C1.

 

 

6.8

The arboricultural impact

The Council’s Forestry Team have no objections to the proposed tree loss shown on the submitted Tree Protection Plan. The trees are mainly of low arboricultural quality, with some moderate quality. They accept that suitable replacement planting on the site could be implemented to mitigate loss. The surface water drainage infrastructure will potentially conflict with the proposed tree protection measures and the location of the proposed planting measures. All parties agree that the tree protection and landscaping measures can be secured by addressed by way of conditions when the final drainage layout has been finalised.

 

6.9

The ecological impact

This application is supported by an Ecology and Protected Species Appraisal. The report has concluded that habitats on site are not considered to be a constraint to development, and that impacts on bats are unlikely. It is considered that simple mitigation measures can address residual risks to nesting birds and reptiles. General biodiversity mitigation can be secured with a planning condition. However, the report has identified that impacts on great crested newts (GCN) are likely and that works should be implemented under a derogation licence

 

6.10

The applicant has now entered into the GCN District License scheme and has provided the appropriate documents. Subject to the proposal being implemented in accordance with the ecological mitigation and enhancement measures specified within the supporting application documents, together with conditions of the GCN license, the Council’s ecologist considers that the scheme complies with SOLP Policies ENV2 and ENV3. They similarly recommend that a general landscaping condition should be applied to ensure the delivery of onsite planting.

 

6.11

Foul and surface water drainage

Notwithstanding some of the comments received during the consultation, the proposed development has outline planning permission. The principle of the development is established and foul and surface water drainage details are a matter that was reserved by condition. Details have been submitted at the reserved matters stage for consideration by the Council, though these are indicative at this stage as there are a number of matters which need to be addressed. These are detailed in the drainage engineer’s response dated 24th December 2021.

 

6.12

Following detailed discussions between the Council’s drainage engineer and the applicant’s consultant, your officers accept that sufficient information has been provided to demonstrate that flood risk and surface water drainage matters have or can be feasibly addressed without exacerbating flood risk to the site or within the locality. The engineer recommends that specific details are agreed by condition, and there is not considered to be an issue with this as it is consistent with the original outline permission.

 

6.13

In response to the Parish Council’s (PC) comments, Thames Water have not requested a Grampian condition with respect to this proposal for 8 houses. The circumstances are different to the 54-house scheme to which they refer. In their consultation response for the current application, Thames Water state that the scale of this proposed development doesn’t materially affect the sewer network. They have no objection with regard to foul water and no objection on the basis of surface water drainage, provided that this would not be discharged to the public network. The application does not propose this.

 

6.14

Neighbouring amenity

There would be a reasonable distance between the dwellings in Plot 2-3 and their respective western site boundaries. This would comfortably exceed the 10m recommended within Section 7 of the SODG and the dwellings would be significantly further back from the neighbouring gardens than the approximately 7m high existing steel framed barn building which would be removed.  Officers do not consider that the impact upon the neighbours’ outlook would be severe.

 

6.15

Whilst the buildings would have some visibility from the neighbouring gardens, officers do not consider that the proposal as amended would result in significant losses of daylight or sunlight for prolonged periods of the day. There is no evidence that the scheme would conflict with the Building Research Establishment (BRE) guidelines. Furthermore, none of the proposed windows would directly face any neighbouring windows within the 25m SODG minimum recommended distance and officers are satisfied that the scheme would not result in a material loss of privacy.

 

6.16

It is acknowledged that an objection has been raised to the relationship between the dwelling proposed in Plot 1 and the newly constructed semi-detached dwellings at Manor Farm Way. However, the 2019 planning application for those properties (P19/S4183/FUL) was submitted after outline planning consent for the current scheme had been granted in 2018 and a dwelling in the approximate position of Plot 1 was shown indicatively on the plans accompanying the neighbouring application. The internal layout for the nearest neighbouring dwelling was designed in a manner which did not rely on side facing window openings to provide the sole source of light to any habitable living accommodation. Officers do not consider that the proposal in its current form would materially harm the daylight, sunlight or outlook of the neighbouring gardens or living accommodation. It is considered necessary to ensure in the interests of privacy that the glazed privacy screen shown on the proposed plans is installed prior to first occupation.

 

6.17

Officers are satisfied that the proposal, as a whole, is not at variance with SOLP Policy DES6. Having regard to the potentially generous permitted development (PD) allowances outside of designated areas and the potential adverse impacts if these were to be implemented, officers consider it reasonable in this instance for permitted development rights for extensions and outbuildings to be withdrawn as a condition of consent. This would allow the Council to undertake appropriate assessments should applications be forthcoming. A condition removing PD rights for fencing is also recommended in the interests of preserving the rural character of the site.

 

6.18

Highway safety

The outline consent approved the access arrangement to the site. The Local Highways Authority (LHA) consider that the parking and manoeuvring areas demonstrated within this proposal are sufficient, and unlikely to result in displaced vehicles onto the highway as a result of the proposal. They add that the number of units will result in a relatively modest increase in terms of vehicular movements, when compared to the previous usage of the site, but consider this unlikely to adversely impact the highway.

An internal footway has been demonstrated as part of the proposal, however this terminates adjacent to Plot 1 ‘The Farmhouse’. The LHA consider that vehicles traveling along this private access drive are likely to be traveling at relatively low speed given its characteristics and do not consider this to present a particular risk to pedestrian safety.  This is a view shared by Oxfordshire County Council’s countryside Access Team.

 

6.19

On the basis of the expert advice provided, officers are satisfied that there is no conflict with SOLP Policy TRANS5.

 

6.20

Archaeology

The site is located in an area of archaeological interest on the site of the moated medieval manor house of Henton. An archaeological evaluation has been undertaken on the site which recorded a series of medieval deposits in the north of the site within the moated area. The features include possible settlement evidence in the form of pits, postholes and an area of scorched earth. In addition, a number of ditches were recorded which formed part of the medieval settlement’s earthworks. These archaeological features will be impacted by this development. A programme of archaeological investigation will therefore need to be undertaken ahead of construction. The outline planning permission P18/S1553/O has been granted with conditions attached that require a staged programme of archaeological evaluation and mitigation in advance of development on the site. As such there is no necessity to attach further requirements at this reserved matters stage.

 

6.21

Contaminated land

Based on the information provided in the Soil Environment Services Phase 1 Desk Top Study Preliminary Risk Assessment Contaminated Land Risk Assessment dated 20 April 2018, the Council’s Environmental Health Team consider that there is no reason to suspect land contamination could impact the development site. No further information is required.

 

 

 

7.0

CONCLUSION

7.1

Officers recommend that reserved matters approval is granted, subject to the attached conditions, on the basis that the proposed scheme is of an appropriate scale and design, respecting the rural character of the surrounding area. The proposal would not cause material harm to the amenity of the neighbouring properties, the ecological and environmental impacts are acceptable, and it would not be prejudicial to highway safety. There are no other issues which cannot be resolved by condition.      

 

8.0

RECOMMENDATION

 

Grant Reserved Matters Approval

 

 

Summary of conditions:

 

1.    Commencement condition - Reserved Matters Approval   

    

2.    Materials to be in accordance with the schedule shown on the submitted plans, unless otherwise agreed in writing       

 

3.    All areas of flintwork shall be of traditional construction      

 

4.    Details of the glass coating for the external glazed areas in excess of 2sq.m in area shall be submitted to, and approved by, the Local Planning Authority prior to first occupation         

 

5.    The privacy screen to Plot 1 as shown on the submitted elevation RM-4A shall be glazed in obscure glass with a minimum of level 3 obscurity prior to the first occupation of the accommodation and it shall be retained as such thereafter.

 

6.    No external lighting shall be provided on site other than that which has first been permitted in accordance with a lighting scheme submitted to and approved in writing by the Local Planning Authority.

 

7.    Prior to the commencement of any site works or operations, including demolition and site clearance relating to the development hereby permitted, an Arboricultural Method Statement and accompanying Tree Protection Plan shall be submitted to and approved in writing by the Local Planning Authority.

 

8.    Prior to the construction of any development above slab level, a scheme for the landscaping of the site, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all planting, the external orchard areas, the treatment of the access road, hard standings and boundary treatments. All agreed measures shall be implemented prior to first occupation unless otherwise an alternative timescale has been agreed in writing by the Council.

 

9.    The development hereby approved shall be implemented in accordance with all of the ecological mitigation and enhancement measures included in the supporting Initial Ecology and Protected Species Appraisal

 

10.  GCN license condition - No development hereby permitted shall take place except in accordance with the terms and conditions of the Council's organisational licence (WML-OR112)   

     

11.  GCN license condition - No development hereby permitted shall take place unless and until a certificate from the Delivery Partner (as set out in the District Licence WML-OR112), confirming that all necessary measures in regard to great crested newt compensation have been appropriately dealt with, has been submitted to and approved by the local planning authority and the local authority has provided authorisation for the development to proceed under the district newt licence.

 

12.  GCN license condition - No development hereby permitted shall take place except in accordance with Part 1 of the GCN Mitigation Principles, as set out in the District Licence WML-OR112  

 

13.  Prior to the commencement of development, a surface water management statement, a ground water management statement, and full surface water drainage scheme shall be submitted to, and approved in writing by, the Local Planning Authority. The measures shall be fully implemented prior to first occupation

 

14.  Prior to the commencement of development, a full foul water drainage scheme, including details of the size, position and construction of drainage works, shall be submitted to, and approved in writing by, the Local Planning Authority. The measures shall be fully implemented prior to first occupation

 

15.   Prior to the first occupation of the development hereby approved, the parking and turning areas shall be provided in accordance with the approved site plan and shall be constructed, laid out, surfaced, drained and completed to be compliant with sustainable drainage (SuDS) principles, and shall be retained unobstructed except for the parking of vehicles associated with the development at all times.

 

16.  Withdrawal of Permitted Development  P.D. rights for extensions and outbuildings (Part 1 Classes A, B and E)

 

17.  Withdrawal of Permitted Development  P.D. rights for fences etc  (Part 2, Class A)     

   

 

Author:         Simon Kitson

E-mail :         planning@southoxon.gov.uk

Contact No:  01235 422600