Laurel Hill Development Control Report

DEVELOPMENT CONTROL (WEST) COMMITTEE App No.:

PT14/1886/O

Applicant:

Site:

Land At Laurel Hill Cribbs Causeway Bristol South Gloucestershire BS10

Date Reg:

Proposal:

Demolition of nos 5 and 6 Catbrain Hill and development of 2.56 hectares of land comprising up to 110 new dwellings (Use Class C3) open space and associated works, including creation of new vehicular access from Catbrain Hill. Outline application including access, all other matters reserved.

Map Ref: 357599 180475 Application Major Category:

OFFTEM

Dick Lovett Companies LtdDick Lovett Companies Ltd 17th June 2014

Parish:

Almondsbury Parish Council

Ward: Target Date:

Patchway 11th September 2014

South Gloucestershire Council 2007.all rights reserved.

This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her Majesty’s Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.

100023410, 2008.

N.T.S. PT14/1886/O

INTRODUCTION This application was referred to the Council’s Sites Inspection (West) Sub Committee meeting by the Local Ward Member due to the following concerns: -

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The means of access to the site and traffic and highway safety matters on Catbrain Lane/Hill The removal of mature trees before this application was presented.

Traffic onto the local network and its effect onto Junction 17 of the Motorway Other problems concerning traffic onto the local roads.

At the Sites Inspection Sub-Committee (SISC) which took place on 22nd May 2015 it was resolved officers be asked to bring forward a full and detailed report to the Development Control (West) Committee to include: Confirmation of the distances to the services and facilities provided within the wider Cribbs Patchway New Neighbourhood (to be updated prior to Committee) Details of the Design and Access Statement (par.5.04) Consideration of light pollution (5.059, 5.069 and 5.0710) Consideration with regard to the impact of the proposal upon the wider Landscape (5.05, 5.053-5.057) Consideration with regard to the impact of the proposal upon the street scene and existing local landscape features (5.03, 5.045-5.046, 5.0510) Consideration with regard to the impact of the proposal upon wildlife and ecology (5.06 ) Officer comment with regard to the proposal to divert the existing Public Right of Way (5.0515-5.0517) Consideration with regard to the siting of the children’ play area and in particular its proximity to Flood Zone 2 (5.094) Consideration with regard to the loss of two houses that formed part of the former Charlton Village (5.03, 5.045) Transportation analysis to include: i.

Details of the proposed access (5.074-5.076, 5.0717) ii.

Consideration with regard to access to sustainable transport, including in the context of the wider highway framework and for the wider Cribbs Patchway New Neighbourhood (the gradient of the site should also be considered when commenting on pedestrian access to bus stops etc) (5.0717, 5.0716-5.0718) iii.

Consideration of safe routes to schools (5.0719-5.0720) iv.

Consideration of impact of the proposal upon the character of the lane and pedestrian/cycle safety given its designation as a pedestrian/cycle link into and out of the Cribbs Patchway New Neighbourhood (5.0414, 5.075-5.076, 5.077-5.0711, 5.0717-5.0718) v.

Measures to mitigate against the impact of construction vehicles associated with the development (5.033, 5.083, 5.154)

1.

THE PROPOSAL 1.1

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Outline Planning permission is sought for demolition of two dwellings, nos 5 and 6 Catbrain Hill, and development of 2.56 hectares of land comprising up to 110 new dwellings (Use Class C3) open space and associated works, including creation of new vehicular access from Catbrain Hill. The outline application requests means of access to be considered in detail at this stage with all other matters (scale, layout, appearance and landscaping) are reserved for future consideration..

2.

1.2

The application site is situated to the south east of the A4018 Cribbs south of junction 17 of the M5. The site is bounded by the former Filton Airfield to the south, the rear of dwellings on Catbrain Hill to the east and north along with commercial buildings and a vehicular access track serving The Laurels to the north and Dick Lovett commercial development to the west. Land in the ownership of Dick Lovett is situated adjacent to the west boundary which is as yet undeveloped pasture.

1.3

The site is broadly square shaped and comprises open pasture throughout although a large part of the site has previously been covered by woodland which was removed around one year ago.

1.4

A screening opinion was undertaken in 2014 (PT14/021/SCR) to assess the impact of a development comprising up to 110 dwellings and it was deemed at that time that a full Environmental Impact Assessment is not required. Since this decision and following publication of the NPPG, the thresholds for residential development have changed and now the proposal for up to 110 dwellings falls short of the threshold for EIA Screening of 150 dwellings or land over 5Ha. As such, a screening opinion is no longer required for this development.

1.5

Applicant’s Supporting Information In support of the application, as well as the plans, the following documents have been submitted: Transport Assessment Planning Statement Sustainability and Energy Statement Statement of Community Involvement Design and Access Statement Landscape and Visual Impact Assessment Flood Risk Assessment Ecological Appraisal Protected Species Report Affordable Housing Statement Archaeological Desk Top Assessment Arboricultural Impact Assessment and Tree Survey

POLICY CONTEXT 2.1

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National Guidance National Planning Policy Framework March 2012 National Planning Practice Guidance

2.2

Development Plans South Gloucestershire Local Plan (Adopted) January 2006 (saved policies) L1 Landscape Protection and Enhancement L4 Forest of Avon L7 Sites of National Nature Conservation Interest L8 Sites of Regional and Local Nature Conservation Interest L9 Species Protection L11 Archaeology EP2 Flood Risk and Development H1 Proposed Sites for Residential Development T12 Transportation Development Control Policy for New Development LC12 Recreational Routes L16 Protecting the best agricultural land South Gloucestershire Local Plan Core Strategy Adopted December 2013 CS1 High Quality Design CS2 Green Infrastructure CS4 Renewable or Low Carbon District Heating Networks CS5 Location of Development CS6 Infrastructure and Developer Contributions CS7 Strategic Transport Infrastructure CS8 Improving Accessibility CS9 Managing the Environment and Heritage CS16 Housing Density CS17 Housing Diversity CS18 Affordable Housing CS23 Community Infrastructure and cultural Activity CS24 Green Infrastructure, Sport and Recreational Standards CS25 Communities of the North Fringe of Bristol Urban Area CS26 Cribbs Patchway New Neighbourhood

2.3

3.

Supplementary Planning Guidance Cribbs Patchway New neighbourhood Development framework SPD (adopted March 2014) Landscape Character Assessment SPD (Aug 2005) Development in the Green Belt SPD (May 2007) Residential Parking Standards SPD (Dec 2013) Affordable Housing and Extra Care Housing SPD (May 2014) South Gloucestershire Play Strategy (Agreed by Cabinet 2006) South Gloucestershire Statement of Community Involvement (Adopted)

RELEVANT PLANNING HISTORY 3.1

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PT14/021/SCR

Screening Opinion for PT14/1886/O. EIA Not required 12.06.2014

4.

3.2

PT14/2646/O

Mixed use development on 3.15ha of land adjacent to the west boundary comprising offices (Use Class B2) Storage (Use Class B8) car showrooms (sui generis) and all associated ancillary facilities. Outline application including access with all other matters reserved.

Approved 20.01.2015

3.3

PT15/1415/RM

Erection of a new car dealership including workshop, compound and a new car park including appearance, landscaping, layout and scale.

(Approval of Reserved Matters to be read in conjunction with Outline Planning Permission PT14/2646/O).

Under consideration

CONSULTATION RESPONSES 4.1

Almondsbury Parish Council Objection – APC wish to object to this in the strongest terms. The proposed access is along a narrow country lane, barely wide enough to allow two cars to pass.

Widening this lane would entail the removal of what is believed to be a protected hedgerow. This hedgerow is a wildlife corridor which should be conserved. In addition, the hedgerow provides screening and privacy for the residents. All this and the character of the area would be lost. It is proposed to demolish two houses. These houses are over 100 years old and considered to be part of the areas heritage. This application if successful, would result in an increase in traffic volume, removal of a wildlife corridor and residents privacy, loss of heritage, character and the need for a sustainable drainage system. All of these, a cause for serious concern.

4.2

Other Consultees

4.21

External Consultees Environment Agency Originally objected. This was subsequently removed and no objection is now raised, subject to conditions requiring approval of a surface water drainage scheme and that no buildings, structures or raised ground levels are provided within 8m of the bank of the Trym.

Highways Agency No objection. The trip rates in the submitted TA are relatively low compared to other larger developments within the CPNN. Even using the more robust analysis, the proposal would add less than 30 additional two way trip movements to M5 junction 17.

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Natural England No objection. The proposal would not impact adversely on the Severn Estuary SSSI. The applicant should follow Natural England’s own standing advice in relation to protected species.

Forestry Commission – The Forestry Commission received a report that alleged illegal tree felling had occurred on the above site and was investigated the same day.

An area of 0.6 ha of woodland has been removed, apparently in February/March of this year (2014). The area is referred to in the submitted Tree and Ecological Surveys.

The Forestry Commission bring these matters to the Council’s attention as a matter of fact only. They recognise that decisions with regard to the development of the site are quite rightly the responsibility of the Local Planning Authority and would respect any decision made about development of the site.

4.22

Internal Consultees Trading Standards & Licensing Service – There are no weight restrictions in the immediate area but there are restrictions in the wider area which may affect HGV’s using the site which relate to a restriction to max 7.5 tonnes for commercial vehicles along with a bus lane on Highwood Road. Vehicles should be made aware of these restrictions and a Construction Management Plan including planning of a suitable route for construction vehicles could be provided by planning condition.

Rights of Way Officer – The proposal would affect footpath OAY87 which is relatively well used. It is intended to divert this to the west boundary to an enhanced green way of 3m width. The existing hedge should form part of the maintenance schedule to ensure that the 3m width is not eroded through hedge growth. Otherwise, the RoW should continue on its existing route as a segregated green footpath.

Concern is raised in terms of the inevitable increase in use of Catbrain Lane/Hill from the new residents and as part of the wider CPNN. In view of the adjacent watercourse, please ensure that the applicant is aware that no newt fencing is to be placed across the public right of way.

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Ecology Officer No objection, subject to conditions.

An Ecological Appraisal (Ethos, dated April 2014) and subsequent Protected Species Report (Ethos, dated June 2014) have been provided. The site is species poor and is not subject to nature conservation designations. The Trym is proposed to be protected by a 10m buffer. There are opportunities to provide enhancements for biodiversity within this development. Bat activity was found to be low to moderate. The houses for demolishment at Catbrain Hill were subject to bat roost surveys and no evidence was found. Slow worms were found on part of the site and translocated in 2013. Further animals were found in 2014. These could be harmed if the hedgerow is removed. No water voles were found. One hedgehog was found. The presence of nesting birds is highly likely. Conditions are recommended for submission and approval of an Ecological Mitigation and Enhancement Plan, Lighting Strategy, reptile mitigation strategy.

Environmental Protection Air Quality: In line with recognised guidance produced by Environmental Protection UK (EPUK) Development Control: Planning for Air Quality (2010), an air quality assessment should be undertaken and submitted as part of the planning application.

Noise: No objection, subject to submission of a noise assessment to assess the impact of the noise receptors in the area (Commercial development to the north and west; road traffic noise) on the future residents. The development should be implemented in accordance with the recommendations of the assessment.

Contaminated Land: There are no recorded past contaminative land uses within or adjacent to this site. No objection.

Landscape Officer A Landscape & Visual Impact Assessment and arboricultural survey were submitted with the application. The proposal provides a buffer on the north side of the Trym of a minimum of 10m which increases to 40m in places. This is necessary to provide maintenance access to the Trym on the north side, as the south side (Airfield land) is proposed to be the main ecological corridor of 50m and should be protected from access where possible. Any road improvements should retain the country lane character of Catbrain Hill and no significant work should be undertaken to the east side of the road to protect the hedgerow adjacent to the new Persimmon development to the east. The access into the site should be wide enough to allow for planting on either side.

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Trees were removed from the site in 2014. An Area TPO was placed on the site subsequently to protect the trees and streamside vegetation. We will expect significant tree planting within the site as mitigation for the loss of those trees.

Further clarification of the buffer and maintenance access for the Trym and possible upgrading of the footpath around the footbridge is required. The proposal broadly accords with the CPNN SPD. No objection subject to securing the following details as part of any reserved maters, detailed planting plan, landscape and ecological management plan, site sections, existing and proposed levels, boundary and surface treatments, construction details for all SuDS. Housing Enabling The applicant will be required to provide 35% affordable housing (39 units if 110 units are constructed). Tenure split of 80% social rent and 20% intermediate housing.

5% of affordable units to meet wheelchair accommodation standards. A range of affordable unit types to meet housing need. Delivery without public subsidy. The Council to refer potential occupants to all first lettings and 75% of subsequent lettings. Affordable clusters of no more than 6. To be provided at the same quality as market units, to meet code level 3, Lifetime Homes standard, Part 2 of Secured by Design, and compliance of RP design brief. Affordable units to be phased in accordance with the build rate for the site.

Tree Officer The important element of the proposed works adjacent to the hedgerow (H17) is addressed in 2.3 and 2.4 of the Arboricultural Impact Assessment. I would concur that the hedgerow should be robust enough to withstand some root severance, but that a method statement and detailed design and indication of levels will need to be provided and agreed beforehand.

Sustainable transport No objection, subject to the applicant entering into a S106 agreement to provide improvements to Catbrain Hill/Lane to facilitate improved pedestrian infrastructure and carriageway material treatment to accommodate increased vehicular movements and carrying out of improvements to the PROW network between the development site boundary and the A417 along PROW designated OAY/87, and subject to conditions.

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Other Representations 4.3

Local Residents 39 individual objections were submitted from 29 addresses listed as follows 2(x2), 3, 4, 7(x2), 16, 20(x2), 22, 27, 39, 41 Medlar Close, 3, 5, 7 Catbrain Lane, 1(x2), 3, 4(x3), 7, 8, 9(x2), 10, 10a, 10b, 11, 12(x2), 14 Catbrain Hill, Windy Ridge, New House Silveys Lane(x3), 1 Silveys Cottages, 60 New Charlton Way raising the following concerns: Catbrain Hill has only one access and it is not sufficiently wide to cater for the significant additional traffic that would be generated or two way traffic. Refuse vehicles already struggle on this lane.

Additional traffic will cause disruption to a peaceful lane, including noise, disturbance, vibration, air quality and car lights Highway/pedestrian safety issues from increased traffic generated including to pedestrians and children Lysander House has insufficient parking and this puts further pressure for on street parking on the local streets.

Some dwellings do not have off street parking and require parking on the Lane. This further reduces the width of the lane.

Mini roundabout will not cope with the increased traffic generated by 110 dwellings, added to the traffic to be generated by the new Chinese restaurant, Lysander House, and two already constructed residential developments There is no street lighting at present and street lighting would not be acceptable in this rural location An alternative access to the suite should be found, such as via The Laurels to the north.

Demolition of two beautiful old cottages would be detrimental to the character of the lane and are integral to the street scene. The houses form part of the former Charlton village which was almost totally demolished to create the airfield runway.

Any widening or works to the road could be detrimental to the hedge on the west side of Catbrain Hill, which is protected by a planning condition and contributes towards the character of the area and protects the privacy of local residents.

Noise, dirt, dust and pollution from construction Construction traffic should not use the Catbrain Lane entrance due to the disturbance it would case and vibration to existing dwellings which have shallow foundations due to their age. Damage could also occur to a retaining wall at no.7 Detrimental impact on wildlife/ecology Trees have been removed from the site which has been detrimental to existing wildlife/ecology The bat survey carried out does not fully assess the impact through the loss of two dwellings which may be suitable for and house existing bat roosts Loss of the green open space within the site and replacement with houses would be detrimental to the character of the area

OFFTEM

The sense of community will be reduced Widening of the Lane could result in reduced public open space within the adjacent residential development Development here should be held off until plans are in place for the wider CPNN so an alternative access can be identified Existing houses at the bottom of Catbrain Hill have experienced flooding and this would be exacerbated by the development Flood risk from the Henbury Trym The Right of Way through the site should not be re-routed just for the purpose of residential development Existing broadband infrastructure in the area is sub standard Loss of amenity to existing dwellings including privacy, natural light Loss of property value A proposed 10m landscape buffer to the Trym is insufficient and should be increased. The buffer for the Filton Airfield scheme to the Trym is 50m.

The site is not brownfield as described in the application.

Forestry Commission approval was not obtained to fell 0.61Ha of woodland on the site.

Catbrain Lane/Hill is shown as pedestrian/cycle path on the CPNN SPD and the Filton Airfield application. The acceptance of an additional 110 residential units with the additional traffic generated onto this lane would be at odds with this concept.

Some land proposed to be used for highway upgrades is private land Additional objections were received to the amended highways works plan submitted. This will be summarised in the update sheet to Members prior to the CD West Committee meeting.

Turnberry Planning Consultants Objection for reasons: Concern relates to the close proximity of the proposed dwellings to the commercial units at Cribbs Causeway Centre.

The indicative layout would present potential issues related to noise and residential amenity.

Whilst not objecting in principle to residential development on the site, a buffer zone should be introduced to avoid future conflict between uses.

This would protect the commercial units from future unreasonable restrictions in respect of noise, HGV movements.

TLT Solicitors on behalf of local residents Objection for reasons: The consent of any land owner will be required on land which is not within the control of the applicant before works to Catbrain Lane/Hill can be undertaken.

OFFTEM

Additionally, a s.278 Agreement between the development and the Local Highway Authority will be required to ensure that the works are completed to the satisfaction of the Local Highway Authority. There would need to be an agreement in place detailing the party wall treatment to be implemented related to the dwellings to be demolished for development access requirements and adjacent neighbours.

The proposal would fail to preserve the visual and residential amenity of local residents through the formation of new access (demolition of two existing dwellings), proximity of new dwellings to existing and increased traffic on the land. This is contrary to par.17 of the NPPF and Policy H2 of the 2006 Local Plan.

Catbrain Hill is a quiet land, an attribute and valued part of the landscape character of the area. These characteristics need to be protected and will be jeopardised through this development.

The Council noted that no operational assessment or capacity analysis of the local highway network has been undertaken as the development is too small to justify this analysis. It is reasonable to think that over 100 dwellings in this location would attract a relatively large increase in volume of traffic using the local network. This increase would place additional strain on and already busy highway network and may prejudice highway safety.

5.

ANALYSIS OF PROPOSAL 5.01

Principle of Development

5.011 In establishing the principle of development, the starting point as primary legislation is Section 38 (6) of the 2004 Act which requires applications to be determined in accordance with the development plan, unless material considerations indicate otherwise. This is further emphasised in Government Guidance in para. 196 of the NPPF which states that the planning system is plan-led.

5.012 The adopted development plan comprises both the South Gloucestershire Local Plan (LP) (adopted 2006) and the Core Strategy (CS) (adopted 2013).

However, of these the CS has policies that are recent, directly relevant to the site and have been found compliant with the NPPF advice. The NPPF states that applications must be determined in accordance with the development plan unless material considerations indicate otherwise. It also states that the NPPF is a material consideration in planning decisions and that in determining development proposals, local planning authorities should apply the presumption in favour of sustainable development. Whilst the proposals should therefore be considered against the adopted policies of the Core Strategy as a whole, the following are considered to have particular bearing on the determination.

OFFTEM

5.013 Policy CS5 of the adopted Core Strategy sets out the general strategy for development and indicates that most new development will take place within the communities of the North and East Fringes of Bristol urban area, of which Cribbs/Patchway will form a new neighbourhood area.

5.014 Policy CS15 indicates that in terms of the distribution of housing Cribbs/Patchway New neighbourhood will provide for 5700 new dwellings. This development is not included within this figure. It is however included within the Council’s overall housing trajectory/ 5 year supply in the Council’s Annual Monitoring Report. The development is predicted to be implemented in full within the next 5 years (Residential Land Survey April 2014). Consistent with this prediction, the applicant has indicated their intention to build the development in one phase to be commenced without delay.

5.015 Policy CS26 allocates land for a major mixed use development on 480 hectares of land at Cribbs Causeway, Patchway and Filton. This site is included in that strategic allocation, the CPNN Development Area, which advocates a comprehensive and coordinated approach to achieve the delivery of a sustainable new community over the Plan period. The policy states that: “It is essential that an area-wide adopted SPD is the policy delivery mechanism to ensure development is comprehensively planned and delivered in accordance with… high quality urban design principles as set out in Policy CS1.”

5.016 The Cribbs/ Patchway Development Framework SPD (hereafter referred to as the SPD) was adopted in May 2014. It sets out the overall infrastructure requirements of the Cribbs/Patchway New Neighbourhood, and sets high level design principles that planning applications should adhere to. Policy CS26 goes on to state that, “Development proposals will be required to demonstrate that they are in accordance with the SPD. They should positively facilitate and not prejudice the development of surrounding areas of the New Neighbourhood, and meet the overall vision for the transformation of the area.”

5.017 Whilst this site is not included as part of the overarching Framework Agreement for CPNN, it has been considered by Officers in the context of the infrastructure requirements that the agreement secures, which facilitates compliance with Policy CS26 and the adopted CPNN SPD. 5.02

5 year Housing Land Supply

5.021 On 8th June 2015 planning permission for up to 106 dwellings at land south of Wotton Road, Charfield was approved at appeal APP/P0119/1/14/2220291. 2.

The appeal was allowed for reasons which include that the Council could not demonstrate a 5-year supply of deliverable housing land and therefore policies CS5 and CS34 can no longer be considered up-to-date.

OFFTEM

5.022 The Charfield appeal inspector having undertaken scrutiny on the council’s housing supply has found that as at January 2015 there is not a five year supply. The Inspector instead has identified the supply figure at 4.63 years supply, thereby engaging paragraph 49 of the NPPF. 5.023 The outcome of the Charfield appeal is therefore a significant material consideration of some weight at this present time. However, in applying such weight, the Inspector has found the Council to underachieve its 5 year housing land supply only by around some 750 dwellings or 4 months supply.

5.024 However, in considering the appropriate housing requirement to use for the purposes of calculating the five year housing supply, the inspector, found for the council on all points and rejected the higher figures suggested by the Appellant. The Council can therefore continue to reply upon the figure of 28,355 dwellings contained in the Core Strategy in calculating the five year supply/being the overall housing requirement for South Gloucestershire.

5.025 The Core Strategy requirement and approach to addressing the shortfall was fully endorsed. However, Policies CS5, CS15 and CS34 are now out of date.

Given paragraph 49 of the NPPF is now engaged, notwithstanding the fact that the starting point for any decision remains the adopted development plan, by virtue of S38(6) of the 2004 Planning and Compulsory Purchase Act as stated in the principle of development section above, the decision taker is now also required to consider guidance at paragraph 14 of the NPPF as part of any overall planning balance.

5.026 Until such time as the council is able to effectively and robustly demonstrate that it does have a 5 year housing land supply, decision takers are reminded that it is important that the correct planning balance is achieved when determining an application. This is particularly so when the site in question is compliant with the development plan (Local Plan/Core Strategy), or can be made so by appropriate mitigation. While every application should continue to be determined on its merits, due regard must be given to the need to maintain a 5 year supply of housing land. As indicated in par.5.014 above, this site is included within the Council’s current housing trajectory/5 year housing land supply.

5.027 The amount of development proposed at this location (110 dwellings) accords with that envisaged in policies CS5 and CS15. Consequently, significant weight should be given in principle to the likely benefits of the delivery of this amount of residential development and the important part it is likely to play in delivering growth and contributing overall to the new neighbourhood as supported in policy CS26, and in the context of the Council’s current position as being unable to demonstrate a 5 year housing land supply.

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5.03

Demolition of 5 and 6 Catbrain Hill

5.031 The proposal includes demolition of two dwellings (nos 5 and 6 Catbrain Hill) which is included within the development proposal and the description of development. The approval of the application would approve the demolition of the two dwellings. This is the simplest means of gaining approved for the demolition as development. However, the demolition falls within ‘permitted development’ and as such the demolition itself does not require planning permission under Part 31 of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995. The applicant could instead submit a prior notification for demolition. This is a notice to the planning authority for a determination as to whether prior approval will be required for the method of demolition and any proposed restoration of the site. These are the two considerations alone related to the prior notification. There is therefore little weight which could be afforded to other material considerations in determining whether the demolition of the two dwellings is acceptable to the Council.

5.032 Some residents have raised concern for instance that the dwellings contribute to the character of the street and area in general and have a heritage sensitivity due to their age. The buildings are not Listed nationally or locally listed by the Council. They therefore have no official heritage status. Little weight can be afforded to consideration of the visual or heritage impact of the demolition of the two dwellings other than if it relates to the method of demolition and any proposed restoration of the site, as the applicant is still able to submit prior notification at any point.

5.033 The two dwellings are not attached to neighbouring dwellings and although no.5 is situated close to the boundary with no 4, it is reasonable to assert that the two dwellings could be removed in an orthodox manner without causing significant impact on the neighbouring occupiers. The method of restoration would take the form of creation of a vehicular access for the development site, this scheme, which is currently under consideration. The two plots are therefore unlikely to be abandoned or left exposed and undeveloped for any prolonged period. A condition requiring a construction and environmental management plan (CEMP) to be submitted and implemented is recommended in this report. The CEMP will include the method of demolition and any proposed restoration of the site in addition to assessing other environmental impacts as stated in this report. Subject to this condition, the demolition of the dwellings is therefore considered to be acceptable in planning terms.

5.04

Urban Design and Visual Amenity

5.041 Policy CS26 states that “It is essential that an area-wide adopted SPD is the policy delivery mechanism to ensure development is comprehensively planned and delivered in accordance with… high quality urban design principles as set out in Policy CS1.”

OFFTEM

5.042 In requiring development to be comprehensively planned and delivered at Cribbs Patchway the Council is seeking to ensure the required infrastructure for the whole area is delivered at the appropriate time, in the appropriate location.

Firstly this relates to the timing and delivery of infrastructure, services and facilities, and secondly to ensuring access between individual development sites within the New Neighbourhood where necessary.

5.043 In relation to the first part, the majority of the infrastructure requirements set out in the Supplementary Planning Document are secured under the Framework Agreement. None of these requirements are to be located on the application site. Therefore there is no requirement for the applicant to contribute to or provide those items, and the application proposals could still contribute towards the comprehensive planning of the wider new neighbourhood.

5.044 There are some infrastructure items that for reasons of viability have not been secured under the Framework Agreement. However, this site falls within the Council’s CIL charging zone and the Council is shortly to adopt its charging schedule. Contributions towards wider district infrastructure will be secured through this process. In relation to infrastructure delivery it is therefore considered that the principle of the application proposals are in accordance with this element of Policy CS26.

Detailed access arrangements 5.045 The proposed access arrangements comprise a new entrance to the site from Catbrain Lane, facilitated by the demolition of two properties on this road. A revised access plan (Proposed Access Arrangements, drawing no. TP5344007 Rev A) have been submitted that shows no change in road width at the proposed access location and only resurfacing works taking place. The character and appearance of Catbrain Lane is an important one; a remnant ‘country lane’ with no kerbs, grass verges and mature hedgerows. Whilst the siting of properties along this road contributes to this character, set back from the verge edge with small front gardens, they are not themselves a specific part of this character. The loss of two properties in this location is not, of itself, considered to harm the character and appearance of Catbrain Lane.

5.046 The proposed access arrangements as revised are considered to be a significant improvement over the original submission. Retaining the verges and hedgerows and only resurfacing the lane will retain its key features. Accordingly the proposed access arrangements are considered acceptable in visual amenity and urban design terms.

Design and Access Statement 5.047 The submitted Design and Access Statement (DAS) includes a Concept Plan that indicates areas for residential and open space use. The Concept Plan identifies the location of key buildings, and primary and secondary frontages, both of which could help create a more legible environment.

OFFTEM

Layout principles 5.048 The DAS sets out some brief design principles to guide detailed proposals at reserved matters stages. These principles include: - The provision of pedestrian and cycle linkages through the site, including the realignment of the existing Public Right of Way onto an appropriately designed shared use path within a ‘green way’ - The creation of continuity and appropriate enclosure of the public realm through the location and siting of buildings - The relationship and orientation of new buildings in relation to existing properties on Catbrain Lane - The appropriate use of boundary treatments relative to the character area being proposed within the site - A range of building heights and massing to emphasise the topography and create and appropriate relationship with the proposed area of open space adjacent to the Henbury Trym 5.049 These principles will need to be adhered to for the proposed development to be realised as illustrated, and provide clear and effective parameters for reserved matters to follow, and Officers to consider proposals against.

5.0410 Whilst very broad-brush in their approach these are all considered acceptable to guide more detailed design stages.

Amount/Use: 5.0411 The site is designed to deliver approximately 55 dwellings per hectare across the site, which allows variations in density to reflect the proposed character areas. This is further reflected in the proposed building heights, set out elsewhere in the DAS. This density is considered an efficient use of land, and acceptable in the context of the wider allocation and adopted SPD. Green infrastructure 5.0412 In the context of the wider new neighbourhood the POS provisions proposed are considered acceptable. The objectives for the new neighbourhood are to focus and combine provision of outdoor pitches to certain locations to maximise their useability and viability, and the ability to access them by walking and cycling. In terms of natural and semi-natural open space another objective of the wider new neighbourhood is to enhance existing assets in the immediately surrounding area, including ancient woodland at Haw Wood and Filton Wood.

Contributions could be directed towards enhancing bringing these assets and bringing part of them into use in a controlled manner through an appropriate management organisation.

OFFTEM

5.0413 The DAS and Concept Plan broadly achieve the following objectives in accordance with Section 7 of the SPD: - preserving and incorporating existing landscape features and ecological corridors (Henbury Trym), - promoting multi-user routes (enhancing and realigning the existing PROW), and - creating a network of green spaces, with interconnected pedestrian and cycle links to and through key spaces (POS proposals in the southern corner of the site).

Accordingly these principles are considered in accordance with the SPD. Access and Movement: 5.0414 The access and movement parameters, showing the primary access point from Catbrian Lane, are considered acceptable in urban design terms. The proposed walking and cycling routes demonstrate the ability to create a permeable network of routes that facilitate strategic links between this site and others in the new neighbourhood. These proposals are considered to be in accordance with Section 5 (Access and Movement) of the adopted SPD in terms of: - prioritising sustainable modes of travel (walking and cycling in particular), - ensuring walkable neighbourhoods, - and creating an active and useable public realm.

The CPNN SPD provides a master plan for access and movement for the whole CPNN. The RoW within the site is shown on the master plan providing a pedestrian link south from the airfield site and linking to Fishpool Hill through the site to The Laurels and north to A4018 and the Haw Wood development.

Catbrain Lane/Hill is not shown as a designated link in the SPD. It is shown as ‘other ped/cycle route’ on the master plan for the Filton Airfield application PT14/3867/O which is yet to be determined, along with a number of other access routes from the airfield heading north. This is discussed in more detail in the transportation section of this report below.

Character Areas 5.0415 The DAS also sets out proposed character areas that will inform detailed design proposals largely focussed around the continuity and sense of enclosure or otherwise of frontage development. Whilst not the only determinant of character, these proposals and the character areas, are considered to be acceptable.

Renewable energy 5.0416 Section 9 of the DAS relates to utilities and renewable energy provision and requires proposals to provide an overview of the site in terms of expected phasing, the building regulations it is envisaged that each part of the site will have to comply with and implications for layout/building design.

OFFTEM

5.0417 The DAS sets out the approach to the sustainability of proposed buildings by adopting a ‘fabric first’ approach to building design.

A condition is recommended requiring the submission and approval of a detailed Energy Statement covering the items set out in the SPD. 5.0418 Overall, the proposal would achieve an appropriate standard of design quality, subject to conditions. As such, the development is considered to accord with Policies CS1 and CS9 of the adopted Core Strategy in terms of energy efficiency and as such is considered to be acceptable.

5.05

Landscape

5.051 The application includes a Landscape & Visual Impact Assessment, which assesses the impact of the development on the existing landscape. The application also includes design recommendations and mitigation, including an arboricultural survey of the existing vegetation on site. Previous comments regarding the site design and provision of public open space discussed at preapplication stage, have been incorporated into the indicative layout. This would however be secured at reserved matters stage.

5.052 The CPNN SPD to be read in conjunction with Policy CS20 of the CS, sets out a strategic approach to plan positively for the creation, protection, enhancement and management of networks of biodiversity and green infrastructure. The SPD sets out the key principles with regard to landscape as follows:The requirement for Green and Blue Infrastructure GI and BI throughout the site should be well designed and connected, creating a robust, multifunctional landscape in accordance with CS2 and the Forest of Avon objectives.

Well designed, integrated SuDS provision throughout the development.

Creation of an ecological buffer along the Henbury Trym, a minimum of 50m wide. This area is to be sensitively designed to ensure the ecological corridor is protected and enhanced High quality public and private landscape to provide an attractive and functional setting to development Existing landscape features (such as trees, hedgerows, watercourses etc) retained and enhanced throughout the development to inform the layout and provide a basis for a strong landscape framework 5.053 The site comprises approx. 2.56ha of sloping grassland, falling 52m to 46m AOD, north-south, down to the Henbury Trym corridor, which forms the southern boundary of the site. A PROW runs through the centre of the site, fenced either side, with a remnant/coppiced hedgerow along one side. This vegetation will be removed to facilitate development.

OFFTEM

5.054 There are no landscape designations on the site, however the site contains a number of good quality existing trees concentrated along the watercourse. An area of approx. 0.6ha of woodland was felled last winter. in order to clear the site for development. This is not an unusual process used by developers and as there were no designations on any trees within the site at that time, this was an option at the applicant’s discretion and a matter which therefore carries little weight as a material planning consideration in determination of this proposal. A Tree Preservation Order (TPO) ref 0864 has been placed on the site to cover the remaining vegetation and afford it some level of protection in the future.

5.055 The site lies within the Patchway & Filton Landscape Character Area (area 15).

Commercial units are proposed to the west of the site, with extensive carparking and a copy of the Dick Lovett Masterplan for this area is included with the application. Due to the levels changes between this site and the new commercial units proposed, cross sections and details will be required as part of the RM application, to ensure that these levels tie in. A condition is recommended to ensure this is secured at reserved maters stage.

Landscape & Visual Impact Assessment (LVIA):5.056 The LVIA has been carried out in accordance with the latest approved methodology GLVIA guidelines 3rd Edition (April 2013). The LVIA comprises an assessment of the sensitivity of landscape elements x the magnitude of change on those identified landscape elements, to provide a conclusion of the significance of effect. The LVIA assesses key viewpoints and public viewpoints in the surrounding area.

5.057 It is considered that the landscape assessment has been undertaken in accordance with this methodology and is considered to be sound for the purpose of assessing the application. Officers accept the evaluation and overall assessment of the impacts of the development and findings and conclusions reached within the LVIA and confirm that the assessment is a true reflection of the impacts identified.

Overall Layout 5.058 A Concept Plan has been submitted to illustrate the overall principles for the site. The play area and POS is located in the south-western corner of the site, which allows a good green infrastructure (GI) link via the existing footbridge, to the main CPNN site across the Trym. The landscape buffer along the Henbury Trym varies from 40m, to incorporate the POS area to a minimum of 10m at its narrowest point to allow for maintenance access on the north side of the watercourse rather than on the eastern bank, within the main CPNN airfield site, which is prioritised as the main ecological corridor and requires access to the watercourse to be limited and preserved for wildlife, including Great Crested Newts in accordance with the requirements of the SPD.

OFFTEM

5.059 Catbrain Lane/Hill has a green character. The road is a shared surface with varied width and tree/hedge line on the east side. The road was once a country lane but due to significant development recently, the character of the road has changed materially and significantly such that now much of the rural character has diminished and this is likely to further reduce as a result of the CPNN development which surrounds the area including the addition of significant additional night time lighting from 5,700 dwellings and street lighting in the local area. It is clear that the proposed development will add to this impact, however, the additional impact of the Laurel Hill housing development of 120 units when considered in the context of a further 5700 dwellings locally within the CPNN allocation, it would be difficult to distinguish this development as creating material harm when considered in isolation. When considered in the context of a further 5700 dwellings locally as an approved Core Strategy allocation, it is considered that the impact individually of the 120 units would be difficult to justify. Nevertheless, for works to Catbrain Lane and at the proposed access, the road improvements should aim to retain the ‘country lane’ appearance of the existing Catbrain Lane which retains some of its original green character. The hedgerow on the east side of the road is a significant contributor to the character of the road and provides vital mitigation for the Catbrain Lane housing development on the eastern side of the road.

The original intention was to widen the road in order to provide sufficient width in the interest of highway and pedestrian access. This would have resulted in the need to remove part of the hedge bank which may have been an undesirable solution in terms of hedge protection.

5.0510 A revised access plan (Proposed Access Arrangements, dwg.no.TP5344-007 Rev A) has now been submitted, which shows no change in road width, with only resurfacing now proposed. This is a much improved solution and the existing roadside hedgerow will be unaffected as no levels changes are now proposed and the ‘country lane’ appearance will be preserved.

The preservation of the hedge is confirmed by the Landscape Officer. The proposed highway works are considered to be visually acceptable, using standard materials and design. It is considered that the proposed highway works to Catbrain Lane/Hill are now acceptable in landscape terms.

Layout and Proposed Landscape 5.0511 The tree retention and loss plan indicates that all boundary trees and hedgerows are to be retained with the exception of T5 & T16, which are Category U and C respectively. The existing hedge bank along Catbrain Lane is to be retained and hedgerow H2 is to be removed to facilitate development.

The Tree Protection Plan indicates the proposed line of the tree protection fencing

OFFTEM

5.0512 The Concept Plan doesn’t show retained vegetation along the north, east and southern boundaries, although it is stated in the various reports (DAS, LVIA and Retention & Removals Plan) and as part of landscaping is a matter which will be secured through reserved matters. The Landscape Strategy Plan within the DAS sets out the landscape parameters. The Open Space Plan shows a new ‘landscape buffer/natural/semi natural green space’ zone running along the western site boundary, alongside the diverted PROW route. The section shows this planting as dense, native tree and hedgerow planting and will require further detailing as part of he detailed planting plans at reserved matters stage.

5.0513 The landscape proposals include the retention and enhancement of existing vegetation with new native tree and shrub planting which provides 0.3ha of POS and ‘strategic’ open space alongside the Henbury Trym, including a 10m wide structural landscape buffer zone containing native trees, shrubs and grassland. The maintenance access will be secured at reserved matters stage 5.0514 We will also expect significant additional planting at reserved matters stage as mitigation for the past loss of a number of trees from the site Public Right of Way:5.0515 The existing PROW crossing through the centre of the site is to be diverted along the south-western boundary and will be incorporated within the proposed green core and GI network through the site.

5.0516 The applicant has confirmed that the diverted RoW would follow the line of the new hedgerow on the west boundary and then be routed through the main area of POS in the south west corner of the site, to the footbridge over the Trym.

5.0517 Within the residential site, the RoW will have minimum width of 1.5m, with segregated footway separated from the highway by a 2m verge. The verge will be tree lined. This will create a green route through the site. At the SISC Members requested that Officers investigate whether a more direct route from the residential site would be preferential. The layout at present is indicative only. A condition is recommended to ensure these width parameters are secured for the footway and verge. In consultation with the RoW and Landscape Officers, it is considered that routing the RoW parallel with the new hedge on the west boundary would provide a green corridor with tree lined verge on the east side and hedge to the west. This would create a more desirable green route in the interest of greatest enhancement to the RoW itself.

The new route for the RoW is considered to be acceptable

OFFTEM

5.06

Impact on wildlife and ecology

5.061 The site (5.5ha) consists of species-poor semi-improved and amenity grassland, two species-poor hedgerows and scrub. The site abuts the Henbury Trym brook. Neither the site itself, nor the Henbury Trym, are subject to any nature conservation designations.

5.062 An Ecological Appraisal (Ethos, dated April 2014) and subsequent Protected Species Report (Ethos, dated June 2014) have been provided. These identify the presence of the following species and habitats:Hedgerows (South Gloucestershire BAP habitat); Riverside and flowing water; Bats (foraging) – European species protected under the Conservation Regulations 2010 and Wildlife and Countryside Act 1981 (as amended); Slow-worm – protected under Wildlife and Countryside Act 1981 (as amended) and South Gloucestershire BAP species; Water vole - protected under Wildlife and Countryside Act 1981 (as amended); Nesting birds - protected under Wildlife and Countryside Act 1981 (as amended); European hedgehog (UK BAP species).

Semi-natural Habitat: 5.063 The most diverse habitat on site is the Henbury Trym stream corridor and it is proposed that this is protected by a buffer of at least 10m from the development. The hedgerows on site are species poor and are proposed for removal. As compensation, it is proposed that species rich native hedgerows are included within the plans.

There are opportunities to provide enhancements for biodiversity within this development.

A condition is recommended for an Ecological Mitigation and Enhancement Plan to be submitted for approval and this could secure enhancement opportunities.

Bats: 5.064 A bat activity survey was carried out. It was concluded that the site was used for foraging/commuting rather than roosting. The most consistently used corridor was the Henbury Trym; the internal hedgerows were used occasionally and the fields themselves rarely. Activity was found to be low to moderate; pipistrelle bats (common and soprano) were the most frequently observed, with only two or three records of noctule, serotine and Myotis sp.

It is understood that the houses for demolishment at Catbrain Hill were subject to bat roost surveys and no evidence was found.

OFFTEM

Reptiles: 5.065 A small population was found in earlier surveys and this was subject to a translocation exercise in 2013, when 21 animals were moved to a nearby hibernaculum. A check survey in 2014 found a further 2 animals. These were in the south-east of the site where only 6 refugia were placed in its western section. This area was not surveyed previously so it appears that there is a risk that slow-worms may be harmed, particularly if the hedgerow is removed.

Slow-worms could enter the site from the Henbury Trym corridor and gardens and shelter in the hedgerow vicinity. The current reptile fencing does not includes the south-eastern field. This field is now being cut regularly to make it as inhospitable for reptiles as possible.

Water vole: 5.066 The surveys found no evidence of water voles along this section of the Henbury Trym.

Nesting birds: 5.067 There is a high potential for nesting birds to be present.

Hedgehogs: 5.068 Hedgehogs are a Priority Species on the UK BAP. A single hedgehog had been seen on the site during 2010 surveys. Measures are required to ensure that animals are not killed or injured. Enhancement measures for this species would also be welcomed.

Conclusions: 5.069 The recommendations in the ecology report would be subject to a condition. In addition, a revised reptile mitigation strategy is required, to include the southeastern section which again will be secured by condition. A lighting strategy will be secured by condition to assess light spillage from the site in the context of ecological impact on nocturnal species.

OFFTEM

5.07

Transportation

5.071 The NPPF provides a consideration in relation to transportation matters.

Par.32 of the NPPF is most relevant to consideration of this application in transportation and public safety terms. Par.32 reads,

‘…… decisions should take account of whether: the opportunities for sustainable transport modes have been taken up depending on the nature and location of the site, to reduce the need for major transport infrastructure; safe and suitable access to the site can be achieved for all people; and improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development.

Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe.’

5.072 The test in determining whether this application is acceptable in transportation and public safety terms is now, in the NPPF as the most recent Policy, is whether the impact of the development in transportation terms would be severe.

5.073 The applicant has submitted a transportation assessment in support of the application.

Access: 5.074 Means of access details are to be considered at this stage with all other matters reserved for future consideration. The application proposes means of access via Catbrain Hill/Lane through the demolition of two dwellings (numbers 5 and 6 Catbrain Hill). A number of objectors have stated a clear preference for access to be provided via The Laurels. The applicant has confirmed that residential access onto The Laurels, which represents a private road, was restricted by a covenant and as such this route could not serve the development in any event.

5.075 The current vehicular access proposals for the development accommodate a prioritised redirection of Catbrain Hill into the development site and significant material improvement between the developments access arrangement and access to development on the eastern side of Catbrain Lane to the north. The prioritised redirection is justified due to the dominant priority of trips to and from the proposed development of 110 houses, over that of the remaining 4 houses accessed from the southern end of Catbrain Hill.

5.076 The applicant also proposes to incorporate layby parking within the proposed access road, which may accommodate parking demand that is currently accommodated on the highway. The relocation of some on-street parking and removal of obstructing landscape features, should also improve Catbrain Hill sufficiently for access of refuse trucks and emergency vehicles.

OFFTEM

CIL: 5.077 When considering the wider strategic interaction of the Catbrain Hill Development and adjacent development, the land to the Rear of Dick Lovett falls within the allocation of the Cribbs Patchway New Neighbourhood (CPNN) with Catbrain Hill forming a ‘Key pedestrian/cycle linkage’ in the endorsed Framework plan. The inclusion of the development within the CPNN allocation, was then interpreted as a requirement to contribute in kind to the CPNN Transport Package and associated CPNN wide access strategy. In this accord, significant material improvements to Catbrain Hill were sought as ‘works in kind’ against the CPNN Transport Package Tariff.

5.078 The works to Catbrain Hill were to be designed to serve the pedestrian and cycle movements associated with the whole of the CPNN, however, following consideration of the Community Infrastructure Levy Regulations 2010, the development was removed from the zero rated CIL Charge Zone of the wider allocation due to a maximum of S106 legal agreements relating to single items of infrastructure being reached. Following the decision to remove the development from the Zero CIL Charge Zone, any approved application would be considered against its obligations to contribute to CIL, and the associated delivery of infrastructure listed on the Regulation 123 list, and to deliver an access strategy to meet the demand of its own impact rather than the wider allocation. In this regard, the development is now assessed against its impact upon Catbrain Hill and the deliverability of works to satisfy it’s safe and convenient access requirements.

Works to Catbrain Hill: 5.079 With regards to the extent of material treatment to Catbrain Hill, this encompasses the full width of the Highway Record land, which has raised objection from adjacent landowners due to perceived encroachment. The objections have been supported by the submission of Land Title deeds, which illustrate the ownership of land within the Highway Boundary. However, land title will remain with the owner of any highway, subject to the public’s right to use the land as a highway for pass and re-pass, with the authority retaining rights on behalf of the public to construct, improve or repair the highway. In this instance, land title will retain sub-soil rights to the highway of Catbrain Hill, but any obstruction within the highway that prevents the pass and re-pass of the public may considered contrary to statute. Notwithstanding this, through any material treatment of Catbrain Hill, South Gloucestershire Council Officers, including the Highway Records Team and Development Implementation Team , will work closely with adjacent landowners to establish the highway boundary and to conclude which features within the highway may be retained following improvement works; these are envisaged to be driveway and access treatments to adjacent properties and landscaping that may be approved via the issuing of a license to cultivate.

OFFTEM

5.0710 Objectors have raised concerns related to the proposed highway works and potential damage to the hedgerow on the eastern side of Catbrain Hill which local residents consider it desirable to retain. Officers consider that no highway works will interfere with the retention of this feature and only a minor kerb application will be permitted to provide support to the associated banked verge.

Drainage would also be provided in the form of a channel block and street lighting would be determined through consultation with South Gloucestershire Council’s Street Lighting Team through Technical Approval of highway works.

5.0711 With regards to the suitability, after treatment, of Catbrain Hill to accommodate traffic flows from the development, objectors have raised concerns that carriageway width and on-street parking present material constraints to vehicular movement. To overcome this, areas of highway that have been subsumed back into the curtilage of adjacent dwellings as landscaped features, may be returned to a highway use increasing the localised carriageway width.

Furthermore, as indicated above, the applicant also proposes to incorporate layby parking within the proposed access road, to accommodate parking demand that is currently accommodated on the highway.

The wider highway network: 5.0712 Beyond the improved section of Catbrain Hill, Catbrain Lane widens and is supported by a footway. At the end of Catbrain Lane an existing traffic calming narrowing feature is situated at entry to a roundabout. Beyond this roundabout, Lysander Road is accessed via a signal controlled junction incorporating controlled pedestrian crossings. Following assessment of the generated traffic flows, the development is considered not to impact upon the material operation of this junction or preceding roundabout.

Internal Layout: 5.0713 Layout is a matter reserved for future consideration. As such no detailed layout has been submitted for consideration at this stage. An indicative concept plan has been submitted which shows in general terms how up to 110 dwellings could be accommodated within the site. In transportation terms the concept plan is considered to be acceptable and demonstrates that up to 110 dwellings can be accommodated within the site. Any future reserved matters will need to meet the Council’s adopted parking standards, but this matter will be considered in full at reserved matters stage.

Pedestrians and other non car users – sustainability matters: 5.0714 Promoting sustainable forms of development and modes of travel is a key Government objective. Par. 29 of the NPPF states, ‘The transport system needs to be balanced in favour of sustainable transport modes, giving people a real choice about how they travel.’

5.0715 Policy CS25 requires new residential development in the north fringe to provide convenient and safe routes across the locality for pedestrians and cyclists.

OFFTEM

5.0716 With regards to access to public transport, the development site is within reasonable walking distance (400-600m) to bus stops on Lysander Road and the A4018. The site may also be considered within commutable walking distance (2km) to bus station facilities at the Mall. Furthermore, the delivery of an improved public transport provision as a result of the delivery of the wider CPNN, will also provide the development with access to a greater number of destinations than is currently available and by an increased number of modes that may include rail, as a result of Metrowest implementation, rapid bus transit, as a result of implementation of Metrobus Extension and an increased number of local and commuter bus services.

5.0717 In terms of pedestrian and cycle access, the development would be accessed mainly via Catbrain Hill, with additional pedestrian access available north to south via the Right of Way connecting the airfield and The Laurels, although segregated facilities may not be provided. However the proposed traffic generation is likely to peak between 5pm and 6pm, when 63 vehicles will travel to and from the development which is significantly lower than the permissible 100 vehicles per hour advocated in Central Governments adopted Manual for Streets; the additional 8 dwellings between the development access and the segregated footway on Catbrain Lane, are unlikely to result in traffic exceeding this threshold. With regards to the walking/cycling environment along this route, Officers acknowledge that high gradients, on-street parking, highway obstructions and carriageway treatment make this route less attractive than other routes in the local area. However, the improved surfacing, lighting as necessary, reduced on-street parking and removed obstructions would improve this existing situation. Furthermore, it also considered that access to the Public Rights of Way network leading through to a footpath to the rear of Unit 5 The Laurels (RoW OAY87), may prove to be a suitable alternative to Catbrain Hill and would provide better access to facilities implemented as part of the approved Haw Wood development.

5.0718 In terms of connectivity to the wider CPNN surrounding the site, access into the adjacent Filton Airfield Development, would be achieved via the southern end of Catbrain Hill and via Public Rights of Way OAY87 across a pedestrian bridge spanning the Henbury Trym. Whilst this achieves access for the application site to facilities on the adjacent development, it is also acknowledged that there will be trips in the alternative direction from the Airfield Site and those linking the Haw Wood development to the Airfield. However, it is envisaged that the majority of cycle/pedestrian trips to and from these destination points may be better directed along desire lines accommodated by access through the Fishpool Hill Development and directly from the Airfield onto Merlin Road. In this regard, whilst Catbrain Hill and the Public Rights Of Way may accommodate a necessary feeder route for more significant pedestrian and cycle infrastructure serving the wider CPNN, it is not envisaged that these routes will be heavily used. .

Safe routes to school: 5.0719 Safe routes have been incorporated into the CPNN masterplan as at of the access and movement strategy for the new neighbourhood. Pedestrian and cycle links are shown on the access and movement plan within the CPNN SPD.

OFFTEM

5.0720 The local schools will in the future be located within CPNN with Primary schools located at Haw Wood, Fishpool Hill and at the airfield site. A secondary school will be located at the airfield site. Pedestrian access is proposed along the rerouted RoW within the site. This will connect to The Laurels to the north with segregated footway and to a future crossing point to Haw Wood. To the south and south west the RoW will connect via existing pedestrian bridge to the airfield and Fishpool Hill developments.

Summary and conclusions: 5.0721 The access and layout details submitted provide a safe and suitable access for all people, vehicles and servicing arrangements. The applicant has provided sufficient information to demonstrate that the proposal complies with the Council’s Development Plan including the Core strategy as the transport impacts of the development are satisfactorily mitigated by the recommended S106 obligations summarized below into bullet format, and conditions, and the proposal would clearly result in no severe transportation and public safety impact in accordance with the test of the NPPF: The developer shall provide improvements to Catbrain Hill/Lane to facilitate improved pedestrian infrastructure and carriageway material treatment to accommodate increased vehicular movements.

The improvements shall include, but not exclusively, pedestrian priority measures either through provision of footway or shared surface approach, carriageway surfacing, drainage improvements in the form of a dished channel and a lighting scheme as necessary for the local environment. All works shall be implemented and complete to the satisfaction of the Local Highway Authority in all respects prior to first occupation.

The developer shall carry out improvements to the PROW network between the development site boundary and the A417 along PROW designated OAY/87. These improvements shall include vegetation removal (grubbing out of blackthorn etc) and the resurfacing with stone and dust and shall be implemented in all respects prior to first occupation.

5.08

Impact on living conditions of residents

5.081 Overall, it is considered that the proposal would be unlikely to result in a significant impact on the residential amenity of local residents in terms of privacy, overlooking, loss of daylight/sunlight and overbearing impact and the concept plan demonstrates that a layout can be achieved which would result in no significant impact on the residential amenity of existing residents in these respects

OFFTEM

5.082 Residents have raised concerns that the proposed development, being located adjacent to their dwellings with a vehicular access adjacent to two dwellings in particular, may impact adversely on the structural stability of the dwellings which were built over a century ago, with inadequate foundations potentially to withstand the impact of vibration from vehicle movements and construction traffic.

5.083 No evidence has been submitted to show clearly that dwellings of this structural nature and age are clearly prone to structural damage as a result of vehicle movements. However, a Construction Environmental Management Plan (CEMP) will be provided post decision, subject to condition. The CEMP will ensure that the implementation of the proposed development would result in no significant impact on the amenity of the existing local residents in terms of a number of factors including vibration and other environmental disturbances, created through the construction process. Subject to this condition, the proposal is unlikely to result in a significant impact on the amenity of existing residents in terms of these environmental impacts.

5.09

Flood Risk and Drainage

5.091 Policy CS9 required new development to be located away from areas of flood risk and reduce and manage the impact of flood risk through location, layout, design, choice of materials and the use of Sustainable Drainage Systems (SuDS).

5.092 The NPPF requires development sites exceeding 1 ha within Flood Zone 1 to be accompanied by a site specific FRA. A Flood Risk Assessment (FRA) has been submitted in support of the application. This was revised following advice from the Environment Agency requiring a recalculation of surface water run off rates and subsequently to the surface water attenuation system proposed on site.

5.093 The Henbury Trym water course rises near Cribbs Causeway commercial estate and runs southwestwards into the River Trym and then towards the city centre. The ground level within the site has a clear fall of up to 13m from commercial land to the north to the southern edge adjacent to the Henbury Trym. Surface water drains naturally into the Trym, via overland flow routes and onsite drainage ditches. Two underground foul sewers cross the site north to south and east to west.

OFFTEM

5.094 The Environment Agency flood map indicates that the site is located within Flood Zone 1 (low risk). The extreme south eastern site boundary (adjacent to the Henbry Trym) may encroach upon the EA Flood Zone 2 (medium risk zone). Although the master plan layout is only illustrative at this stage with these details reserved for future consideration, the illustrative layout demonstrates that the development can be provided without any residential plots being located within the recommended 8m buffer to the Trym and entirely outside Flood Zone 2. A condition is recommended to ensure that the 8m buffer is retained as part of all reserved matters. The proposal is considered to be acceptable in terms of flood risk from fluvial sources. Concern was raised

by Members that the proposed equipped play area within the main area of POS in the south west corner of the site could be susceptible to flood in the future.

Although the concept plan is indicative, the green infrastructure plan which sets parameters for all categories of POS shows the play area to be clearly located outside any areas of the site within Flood Zone 2, instead being entirely located within Flood Zone 1 (low risk). As such there is little risk of the play area being susceptible to flooding.

5.095 To control surface water, an attenuation basin is proposed within open/green space adjacent to the Henbury Trym which will provide a percentage of the required storage volume whilst the remaining storage will be provided within tanked permeable paving and cellular storage systems located throughout the site. The attenuation system would discharge into the Trym at a controlled rate. A minimum of 8m buffer will be maintained from the top of the bank to the development zone and a minimum of 3m of easement will be available for the existing sewers, although POS and allotments will be provided within the easement. Subject to conditions, requiring provision and retention of 8m easement to the Trym and submission for approval and implementation of a satisfactory Sustainable Drainage Strategy (SuDS), the proposal is considered to be acceptable in terms of overland flow and surface water.

5.096 The FRA demonstrates that an acceptable means of foul drainage disposal can be provided within the site. The detail of which would be provided within future reserved matters submissions.

5.10

Public Open Space (POS)

5.101 Policy CS24 states provision for green infrastructure, outdoor space, sport and recreation facilities will be sought for all new developments, to the appropriate local standards of provision in terms of quantity, quality and accessibility.

OFFTEM

(i) Outdoor Sport 5.102 The applicant proposes no on site outdoor sports provision. Based on the predicted population increase that would result from the development (120 dwellings) which has been calculated to be 259.2 residents a requirement of 4,147.2sq.m outdoor sports space will be required. This must be provided off site if not incorporated into the development. As such a financial contribution of £198,776.13 towards off site provision of sports open space will be required. In addition, there will be a requirement to contribute towards the future maintenance of the space which calculated against the spatial requirement would be £60,163.02. Further detail of this off site provision will be established through the overarching POS Strategy for CPNN which is currently being formulated. These areas are located within walking distance of the site. The contribution is considered to be directly related to the development, necessary and fairly and reasonably related in scale and kind, in accordance with the 3 tests within the CIL Regulation 122. (ii) Informal Recreational Open Space 5.103 The applicant proposes provision of 2,863.8sq.m of informal recreational open space. The minimal spatial requirement to comply with policy CS24 of the Core Strategy is 2,980.8sq.m. The provision of informal recreational POS on site falls slightly short of the policy requirement. This must be provided off site if not incorporated into the development. As such a financial contribution of £2,819.84 towards off site provision of informal recreational open space will be required. In addition, there will be a requirement to contribute towards the future maintenance of the space which calculated against the spatial requirement would be £ 4,970.48.

5.104 An attenuation basin is shown within the main area of informal recreations POS on the concept and GI plan on the south side of the site. The design of the basin, which is likely to be dry other than in extreme weather occurrences, fails to meet the Councils requirements for acceptability as POS. As such the attenuation basin has been discounted from the POS calculation. (ii) Provision for Children and Young People 5.105 The housing layout will provide an equipped area for Children and Young People within the informal recreational POS to the south of the site. This play area measures 648sq.m which meets the minimum spatial requirement to comply with Policy CS25.

The applicant indicates they wish the POS to be managed privately.

Appropriate in-perpetuity arrangements will be secured in the Section 106 Agreement.

OFFTEM

(iii) Natural and Semi-Natural Green Space 5.106 The proposals include 355.8 sq.m of on site provision, including on site private maintenance. This falls short of the minimal spatial requirement to comply with policy CS24 of 3,888sq.m. This open space will be subject to suitable design at reserved matters stage. The amounts will be secured by the S106 agreement.

Officers have secured a financial contribution of ÂŁ47,175.36 as an off site contribution as mitigation for the shortfall in on site natural and semi-natural green space. An additional ÂŁ78,259.07 has been secured towards future maintenance of the off site natural and semi natural POS. This sum could contribute towards the ongoing management of local woodlands such as Haw Wood, or other woodland/landscape/heritage natural/semi natural green infrastructure projects in the immediate area if such projects come forward and are accepted by the Council. (iv) Allotments 5.107 The minimal spatial requirement for allotment space to comply with policy CS24 of the Core Strategy is 518.4sq.m. The proposal provides full policy compliant allotment space within the site. This will be located to the south of the site adjacent to the informal recreational area of POS and adjacent to the Trym.

The location and size of allotment provision on site is considered to be acceptable in accordance with Policy CS24.

5.108 Given the above, it is considered that the proposed open space provision meets the policy requirements, the majority on-site with allotments provided entirely on site, but with an appropriate contribution off-site for outdoor sports and informal recreational, and as such the proposals accord with Policies CS24 and CS25 of the adopted Core Strategy.

5.11

Community Infrastructure Community building:

5.111 It is considered reasonable for people to have access to such community within 800m of where they live, where they can take part in a range of social, cultural and recreational activities which help build and sustain cohesive communities. This accessibility standard is what is considered easy walking distance for most people and set out in more detail the South Gloucestershire Council Infrastructure Delivery Plan The scale of the development is not of sufficient significance to require the provision of an on site community space to support the new community.

OFFTEM

5.112 With the pending implementation of the Community Infrastructure Levy (CIL), all off-site community space contributions will form part of the Council’s adoption of its charging levy as part of the CIL tariff with the provision of community space facilities now required to be noted on the Council’s Regulation 123 infrastructure list. CIL will replace the need to secure pooled and off-site contributions to provide additional infrastructure. Therefore under this new system individual site specific calculations for off-site mitigation for this type of facility will no longer be part of the consideration and determination of planning applications. The monitoring of additional demand though new developments and the necessary funding for community space facilities will be for the service department to coordinate in conjunction with Corporate Finance charged with overseeing the expenditure of CIL to meet the Council’s infrastructure requirements.

Library services 5.113 As with the community space facilities, the provision of library facilities to mitigate for increase demand from new development is identified on the Council’s Regulation 123 list as infrastructure to be provided through CIL. Therefore again as the applicant has requested the application to be determined after the Council formally adopting CIL on 1st August 2015, then this contribution required to off-set the additional demand on library services will form part of the Community Infrastructure Levy for this development.

Public Art 5.114 Policy CS1 of the adopted Core Strategy states that where the scale of development warrants it, public art should be embedded within the public realm. Public art should be viewed as an opportunity to enhance legibility, character, distinctiveness and civic pride. It should respond to the distinctive assets of the location and can form part of the landscape design, public realm and play opportunities.

A planning condition is therefore recommended to secure public art within the site, which requires the developer to submit a public art strategy for approval and the public art proposed within the strategy to be implemented in accordance with the approved strategy.

5.12

Planning Obligations Affordable Housing:

5.121 Policy CS18 requires the provision of 35% on site affordable housing and for this to be provided as a mix of units to meet housing need as set out in the SHMA 2009.

5.122 The applicant has offered the full policy compliant provision of 35% affordable housing to be delivered on site. As the application seeks outline approval for up to 110 dwellings, 35% equates to 38.5 units to be delivered as affordable housing.

OFFTEM

5.123 Tenure split of 80% social rent and 20% intermediate housing, as identified by the West of England Strategic Housing Market Assessment (SHMA) 2009. The tenure split for 38 units of affordable housing breaks down as 31 units for social rent and 7 units for intermediate housing.

5.124 A range of affordable unit types to meet housing need based upon the findings from the SHMA 2009 as shown below.

Social Rent Percentage 24% 7% 41% 18% 10%

Type 1 bed 2 person flats 2 bed 4 person flats 2 bed 4 person 2 storey houses 3 bed 5 person 2 storey houses 4 bed 6 person 2 storey houses

Number 7 2 13

Min Size m2 47 69 77

6

90

3

103

Type 1 bed 2 person flats 2 bed 4 person flats 2 bed 4 person 2 storey houses 3 bed 5 person 2 storey houses 4 bed 6 person 2 storey houses

Number 0 4* 2

Min Size m2 47 69 77

1

90

0

103

Intermediate Percentage 44% 17% 19% 19% 1%

* Although there is a greater requirement for 1 bed flats, due to the current economic climate 2 bed flats are more deliverable and therefore the requirement for 1 bed flats has been added to the 2 bed flat requirement.

5.125 5% of the affordable housing to meet wheelchair accommodation standards. Of 38 affordable housing units this equates to 2 for wheelchair accommodation.

The Council’s wheelchair specification can be found on the website.

Affordable housing is to be delivered without any public subsidy.

The Council to refer potential occupants to all first lettings and 75% of subsequent lettings.

Affordable housing should be distributed across the site in clusters of no more than 6 units, unless a specific pepperpotting strategy is approved.

OFFTEM

5.126 Design and specification criteria: All units to be built in line with the same standards as the market units (if higher) and to fully comply with the latest Homes and Communities Agency (HCA) standards applicable at the time the S.106 will be signed, to include at least Level 3 of the Code for Sustainable Homes, Lifetime Homes standard, Part 2 of Secured by Design, and compliance of RP design brief.

5.127 Delivery is preferred through the Council’s list of Approved Registered Providers. The Council works in partnership with Registered Providers to deliver affordable housing to development and management standards. In the event of the developer choosing a Registered Provider from outside the partnership then the same development and management standards will need to be adhered to.

5.128 Phasing: Affordable housing to be built at the same time as the rest of the housing on site in line with agreed triggers as per S.106 agreement, with a detailed assessment on a site by site basis. Where the development will proceed over more than one phase, the location, amount, type and tenure of the affordable housing in each phase will need to be set out in an Affordable Housing Masterplan and Schedule. The plan and schedule to be approved prior to submission of the first residential Reserved Matters application.

5.129 The Council will define affordability outputs in the S.106 agreement, without any further information regarding sales values the affordability standards are as follows: social rents to be set at target rents shared ownership: no more than 40% of the market value will be payable by the purchaser The annual rent on the equity retained by the RP should be no more than I% of the unsold equity service charges will be capped at an appropriate level to ensure that the affordable housing is affordable 5.1210 Social rented to be retained as affordable housing in perpetuity.

Acquire does not apply where no public subsidy is provided.

Right to

5.1211 Any capital receipts on intermediate housing to be recycled as capital expenditure on approved affordable housing schemes in South Gloucestershire, on the basis that the subsidy increases by any capital appreciation on that subsidy.

Education 5.131 Policy CS6 requires new development proposals to deliver infrastructure, services and community facilities to improve the sustainability of communities including for the provision of education facilities.

OFFTEM

5.132 The development is not sufficiently large scale to justify educational facilities to be provided on site. With the pending implementation of the Community Infrastructure Levy (CIL), all off-site education contributions will be drawn from the Council’s adoption of its charging levy forming part of the CIL tariff with the provision of primary and secondary school places noted on the Council’s Regulation 123 infrastructure list. On site provision for the provision of new schools will still be secured via S106 agreements for the larger, more strategic sites, but the CIL will replace the need to secure pooled and off-site contributions to provide additional infrastructure. Therefore under this new system individual site specific calculations for off-site mitigation will no longer be part of the consideration and determination of planning applications. The monitoring of additional demand though new developments and the necessary funding for additional primary school places will be for the service department to coordinate in conjunction with Corporate Finance charged with overseeing the expenditure of CIL to meet the Council’s infrastructure requirements.

Other contributions 5.141 The Council would normally expect a contribution towards waste and NHS services to be secured as mitigation for the impact of the new development as the site is not sufficiently large enough to justify these services being provided on site. As with the community space facilities, the provision of these facilities to mitigate for increase demand from new development is identified on the Council’s Regulation 123 list as infrastructure to be provided through CIL. Therefore again as the applicant has requested the application to be determined after the Council formally adopting CIL on 1st August 2015, then this contribution required to off-set the additional demand on library services will form part of the Community Infrastructure Levy for this development.

5.15

Environmental Impacts Noise:

5.151 The pre existing noise climate is not adversely affected by road traffic noise but there may be intermittent noise events from the nearby automotive dealer and repair activity to the north and west and the business park to the north.

5.152 The Noise Planning Policy Framework for new residential development and the British Standard 4142:2014 criterion will need to be considered to ensure ’no observed adverse effects’ at the new residential development and no noise increase over the pre existing background level from the commercial activityrespectively.

5.153 It is recommended that an intervening noise bund and/or acoustic fence is constructed to provide effective noise mitigation. In practical terms, the constraints of the site layout is more likely to result in an acoustic fence. A condition is recommended to secure this and to approve the detailed design of the noise attenuating feature

OFFTEM

5.154 A Construction and Environmental Management Plan (CEMP) should be submitted prior to commencement to be approved the Local Planning Authority.

The CEMP should detail how measures will be taken to ensure there is minimum adverse impact to the local residential amenity from activities giving rise to noise, vibration and dust emissions including deliveries to the site and piling. It should include details of identified receptors, baseline conditions, preparation of the site, monitoring to be undertaken, communication in case of complaints and mitigation measures to be employed. It is expected that reference will be had to British Standard 5228-1:2009 Code of Practice for noise and vibration control on construction and open sites.

Air quality: 5.155 An air quality assessment of the potential impacts on local air quality has not been submitted in respect of this application. Without this information, a fully informed decision cannot be made on the air quality impacts of this proposal.

However, for the potential operational phase impacts, the Transport Statement provides an indication of the predicted increase in vehicle trips arising from the proposed development. The increase in vehicle movements is unlikely to result in a significant impact on air quality, particularly when the development is considered in the context of the CPNN 5.156 There is a potential risk of construction dust impacting on nearby sensitive receptors during the construction phase. As such, an appropriate scheme of mitigation measures to control dust emissions should be identified and incorporated into a Dust Management Plan (DMP) and/or the Construction Environmental Management Plan (CEMP) to be secured by condition. A qualitative assessment of the risk of dust impacts should be undertaken to identify the site-specific mitigation measures that should be applied. The assessment should be carried out in accordance with current guidance produced by the Institute of Air Quality Management (IAQM); “Guidance on the assessment of dust from demolition and construction� (Feb 2014). This will be secured through the CEMP condition.

5.157 In summary, there is no basis to object to the proposal in respect of air quality subject to the recommended condition above.

Contaminated Land 5.158 With respect to potential for land contamination, there are no recorded past contaminative land uses within or adjacent to this site. As such the application site is unlikely to contain any contamination requiring further attention.

5.16

Other issues Broadband provision:

5.161 Policy CS26 requires the provision of a neighbourhood wide wireless internet network. The applicant has indicated that broadband will be provided as part of the development. A condition is therefore recommended, requiring details of the provision of internet connection infrastructure forfuture residents..

OFFTEM

Street Lighting: 5.162 Details of street lighting will be required by condition for submission with any reserved matters, to ensure a consistent approach to street lighting across the development.

Cemetery provision; 5.163 Any contribution towards cemeteries will be would be sought through the CIL process and any cemetery project will need to be identified through the Council’s Reg 123 List.

Gypsies and Travellers: 5.164 Policy CS26 seeks investigation for the potential to provide pitches for gypsies and travellers (rather than require as the policy previously stated). The current evidence base gives a reduced requirement for pitches across the district. As a result of the viability appraisal for CPNN it was considered appropriate to remove the contribution towards gypsy and traveller provision from the overall package in light of the need to secure other infrastructure items. The scale of this development which is significantly smaller than the wider CPNN (at 110 units compared to 5700) is not sufficient to warrant securing gypsy and traveller pitches.

5.165 Provision of way marking signage This is a matter related to detailed design, the exact routes and positioning of accesses and roads. As such this matter will be picked up through consideration of the detailed master plan and reserved matters.

5.17

Community Infrastructure Levy Tariff

5.171 As indicated above, all off-site contributions for this development would be drawn from the Council’s adoption of its charging levy forming part of the CIL tariff with the provision of primary and secondary school places noted on the Council’s Regulation 123 infrastructure list. The exact sum that would be applicable for this development is as yet unknown as the proposal is currently in outline only. Only once the exact floorspace total for dwellings can be calculated following submission of subsequent reserved matters will the exact CIL tariff sum be known.

5.18

Community Infrastructure Levy Regulation 122

5.181 The NPPF states that local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Furthermore, planning obligations will be given weight where they meet all the following statutory tests: -

OFFTEM

Fairly and reasonably related in scale and kind to the development Directly related to the development Necessary to make the development acceptable in planning terms

5.182 In the case of the planning obligations set out above, and as set out in the heads of terms below, it is considered that they are appropriate mitigation, necessary to make the development acceptable in planning terms, directly related to the development and in scale and kind to the development. As such all planning obligations set out in the heads of terms are considered to have passed the CIL Regulation 122 tests.

6.

7.

CONCLUSION 6.1

In accordance with Section 38(6) of the Planning and Compulsory Purchase Act 2004, Local Planning Authorities are required to determine applications in accordance with the policies of the Development Plan, unless material considerations indicate otherwise.

6.2

The recommendation to grant permission has been taken having regard to the policies and proposals in the South Gloucestershire Local Plan (Adopted) January 2006 and the South Gloucestershire Local Plan Core Strategy (Adopted) December 2013 set out above, and to all the relevant material considerations set out in the report.

RECOMMENDATION 7.1

1.

2.

3.

4.

OFFTEM

That authority be delegated to the Director of Environment and Community Services to grant permission, subject to the conditions set out below and the applicant first voluntarily entering into an agreement under section 106 of the Town and Country Planning Act 1990 (as amended) to secure the following: Public Open Space:Informal recreational open space - Provision/enhancement = £2,819.84 Maintenance = £4,970.48 Natural and Semi Natural open space- Provision/enhancement = £47,175.36 Maintenance = £78,259.07 Outdoor sports - Provision/enhancement = £198,776.13 - Maintenance = £60,163.02 Transportation works:The developer shall provide improvements to Catbrain Hill/Lane to facilitate improved pedestrian infrastructure and carriageway material treatment to accommodate increased vehicular movements. The improvements shall include, but not exclusively, pedestrian priority measures either through provision of footway or shared surface approach, carriageway surfacing, drainage improvements in the form of a dished channel and a lighting scheme as necessary for the local environment. All works shall be implemented and complete to the satisfaction of the Local Highway Authority in all respects prior to first occupation.

5.

6.

7.

8.

The developer shall carry out improvements to the PROW network between the development site boundary and the A417 along PROW designated OAY/87.

These improvements shall include vegetation removal (grubbing out of blackthorn etc) and the resurfacing with stone and dust and shall be implemented in all respects prior to first occupation.

Affordable Housing:35% of dwellings to be delivered as affordable housing, as defined by the NPPF. This application seeks outline approval for up to 110 dwellings.

Therefore 35% equates to 38.5 units to be delivered as affordable housing.

Tenure split of 80% social rent and 20% intermediate housing, as identified by the West of England Strategic Housing Market Assessment (SHMA) 2009. The tenure split for 38 units of affordable housing breaks down as 31 units for social rent and 7 units for intermediate housing.

A range of affordable unit types to meet housing need based upon the findings from the SHMA 2009 as shown below.

Social Rent Percentage 24% 7% 41% 18% 10%

Intermediate Percentage 44% 17% 19% 19% 1%

9.

10.

OFFTEM

Type Number 1 bed 2 person flats 7 2 bed 4 person flats 2 2 bed 4 person 2 13 storey houses 3 bed 5 person 2 6 storey houses 4 bed 6 person 2 3 storey houses

Type Number 1 bed 2 person flats 0 2 bed 4 person flats 4* 2 bed 4 person 2 2 storey houses 3 bed 5 person 2 1 storey houses 4 bed 6 person 2 0 storey houses

Min Size m2 47 69 77 90 103

Min Size m2 47 69 77 90 103

* Although there is a greater requirement for 1 bed flats, due to the current economic climate 2 bed flats are more deliverable and therefore the requirement for 1 bed flats has been added to the 2 bed flat requirement.

5% of the affordable housing to meet wheelchair accommodation standards. Of 38 affordable housing units this equates to 2 for wheelchair accommodation.

The Council’s wheelchair specification can be found on the website.

Affordable housing is to be delivered without any public subsidy.

11.

12.

13.

14.

15.

16.

17.

18.

7.2

The Council to refer potential occupants to all first lettings and 75% of subsequent lettings.

Affordable housing should be distributed across the site in clusters of no more than 6 units, unless a specific pepperpotting strategy is approved.

Design and specification criteria: All units to be built in line with the same standards as the market units (if higher) and to fully comply with the latest Homes and Communities Agency (HCA) standards applicable at the time the S.106 will be signed, to include at least Level 3 of the Code for Sustainable Homes, Lifetime Homes standard, Part 2 of Secured by Design, and compliance of RP design brief.

Delivery is preferred through the Council’s list of Approved Registered Providers. The Council works in partnership with Registered Providers to deliver affordable housing to development and management standards. In the event of the developer choosing a Registered Provider from outside the partnership then the same development and management standards will need to be adhered to.

Phasing: Affordable housing to be built at the same time as the rest of the housing on site in line with agreed triggers as per S.106 agreement, with a detailed assessment on a site by site basis. Where the development will proceed over more than one phase, the location, amount, type and tenure of the affordable housing in each phase will need to be set out in an Affordable Housing Masterplan and Schedule. The plan and schedule to be approved prior to submission of the first residential Reserved Matters application.

The Council will define affordability outputs in the S.106 agreement, without any further information regarding sales values the affordability standards are as follows: - social rents to be set at target rents - shared ownership: no more than 40% of the market value will be payable by the purchaser The annual rent on the equity retained by the RP should be no more than I% of the unsold equity - service charges will be capped at an appropriate level to ensure that the affordable housing is affordable Social rented to be retained as affordable housing in perpetuity. Right to Acquire does not apply where no public subsidy is provided.

Any capital receipts on intermediate housing to be recycled as capital expenditure on approved affordable housing schemes in South Gloucestershire, on the basis that the subsidy increases by any capital appreciation on that subsidy.

Subsequent to any reserved matters approval a CIL tariff sum shall be sought which has been calculated o the basis of the final dwelling numbers determined by all reserved matters up to 110 dwellings accounting for all affordable housing exemptions at ÂŁ55 per m2 for development within the North Fringe.

The reason for the above obligations is to ensure that the enhancements needed to off-set the impact of the redevelopment are secured both to the natural and built environment, and to provide a suit of measures to mitigate the impacts of the development on the existing community and to ensure the future community is sustainable.

OFFTEM

7.3

That the Head of Legal and Democratic Services be authorised to prepare and seal the agreement.

7.4

Following the Council introducing the CIL tariff that Head of Corporate Finance is authorised to levy the CIL charge.

7.5

Should the agreement not be completed within 12 months of the date of the Committee resolution that delegated authority be given to the Director of Planning, Transport and Strategic Environment to refuse the application if an extension of time to complete the agreement is not sought.

Contact Officer: Tel. No.

Sean Herbert 01454 863056

CONDITIONS 1.

Approval of the details of the layout, scale and appearance of the buildings and the landscaping of the site (hereinafter called "the reserved matters") for the land edged red on the approved Site Location Plan shall be obtained from the Local Planning Authority in writing before any development is commenced on the phase 2 land.

Reason: The land referred to in condition 1 within the application site is an outline permission only and the reserved matters shall be made to the Local Planning Authority.

2.

Plans and particulars of the reserved matters referred to in the condition above, relating to the layout, scale and appearance of any buildings to be erected and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. All reserved matters shall be begun before the expiry of 2 years from the date of the decision to which the reserved matters development relates.

Reason: The land referred to in condition 1 within the application site is an outline permission only and the reserved matters shall be made to the Local Planning Authority.

3.

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

Reason: To comply with the requirements of Section 91 of the Town & Country Planning Act 1990 (as amended).

4.

All hard and soft landscape works for the land within each dwelling plot shall be carried out in accordance with the details to be approved as reserved matters connected to this decision. All landscaping applicable to each relevant plot shall be completed within the next planting season following the plot occupation.

OFFTEM

Reason To ensure the satisfactory appearance of the development in the interests of visual amenity and to accord with saved Policies L1 of the South Gloucestershire Local Plan (Adopted) January 2006 and Policies CS1, CS2, CS9, CS24, CS25,CS26 of the South Gloucestershire Local Plan Core Strategy Adopted December 2013.

5.

Applications for the approval of the reserved matters shall be in accordance with the parameters described in the design and access statement hereby approved.

Reason To protect the character and appearance of the area and the residential amenity of the occupiers and in the interest of highway safety to accord with saved Policies L1 of the South Gloucestershire Local Plan (Adopted) January 2006 and Policies CS1, CS2, CS9, CS24, CS25, CS26 of the South Gloucestershire Local Plan Core Strategy Adopted December 2013.

6.

No development shall commence until an Ecological Protection and Enhancement Plan is first submitted to and approved in writing by the Local Planning Authority in accordance with the recommendations in the Protected Species Assessment (June 2014) Part IV. The planting recommendations shall include native species in the open space and native planting in the formal areas. The plan shall also include a programme of monitoring of all works for a period of 5 years following commencement if development. The development shall be implemented in strict accordance with the recommendations of the approved Protected Species Assessment (June 2014) Part IV and the approved Ecological Protection and Enhancement Plan.

Reason: This is a pre-commencement condition to avoid any unnecessary remedial action in the future.

To ensure the development is carried out in an appropriate manner and in the interests of preserving the character and appearance of the area and landscape features therein and to protect local nature conservation and geological interests and to accord with saved Policy L1 and L9 of the South Gloucestershire Local Plan (Adopted) January 2006 and policy CS9 of the South Gloucestershire Local Plan Core Strategy adopted December 2013.

7.

No development shall commence until a mitigation strategy for reptiles has been first submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved strategy.

Reason: This is a pre-commencement condition to avoid any unnecessary remedial action in the future.

To ensure the development is carried out in an appropriate manner and to protect local nature conservation and geological interests and to accord with saved Policy L1 and L9 of the South Gloucestershire Local Plan (Adopted) January 2006 and policy CS9 of the South Gloucestershire Local Plan Core Strategy adopted December 2013.

OFFTEM

8.

No dwelling shall be occupied until a scheme of street lighting to avoid light spill impacting on nocturnal wildlife (including bats) has been first submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved scheme.

Reason: To ensure the development is carried out in an appropriate manner and to protect local nature conservation and geological interests and to accord with saved Policy L1 and L9 of the South Gloucestershire Local Plan (Adopted) January 2006 and policy CS9 of the South Gloucestershire Local Plan Core Strategy adopted December 2013.

9.

No dwelling shall be occupied until a noise attenuating feature has been provided on the north boundary of the application site to protect the residential amenity of the future residents in terms of noise and other disturbance. The attenuating feature shall be implemented in accordance with details to be first submitted to and approved in writing by the Local Planning Authority prior to occupation of any dwelling within the application site and the attenuating feature shall be retained thereafter as approved.

Reason To protect the amenities of the future occupiers of the dwellings hereby approved, and to accord with Policy CS9 of the South Gloucestershire Local Plan Core Strategy 2006-2027 adopted Dec 2013.

10.

No development shall take place until a site specific Construction Environmental Management Plan (CEMP) has been submitted to and been approved in writing by the Council. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration, dust and site lighting. The plan should include, but not be limited to: -

-

-

-

-

OFFTEM

Procedures for maintaining good public relations including complaint management, public consultation and liaison All works and ancillary operations which are audible at the site boundary, or at such other place as may be agreed with the Local Planning Authority, shall be carried out only between the following hours: 08 00 Hours and 18 00 Hours on Mondays to Fridays and 08 00 and 13 00 Hours on Saturdays and; at no time on Sundays and Bank Holidays.

Deliveries to and removal of plant, equipment, machinery and waste from the site must only take place within the permitted hours detailed above.

Measures to control the migration of mud from the site by vehicles during construction Mitigation measures as defined in BS 5528: Parts 1 and 2: 2009 Noise and Vibration Control on Construction and Open Sites shall be used to minimise noise disturbance from construction works. Piling will not be undertaken Procedures for emergency deviation of the agreed working hours.

Identify a 'Considerate Contractors' or similar regime for the site induction of the workforce highlighting pollution prevention and awareness.

Control measures for dust and other air-borne pollutants; the best practice measures identified in the approved Air Quality Note submitted

-

-

(dated March 2015, Report No. J1798/2/F1) and air quality assessment

by Air Quality Consultants Ltd (dated 12 November 2013) to be incorporated into a dust management plan in order to minimise the impacts of construction dust.

Measures for controlling the use of site lighting whether required for safe working or for security purposes. locations for the storage of all plant, machinery and materials including oils and chemicals to be used in connection with the construction of the development; the control and removal of spoil and wastes; Adequate provision for the delivery and storage of materials.

Adequate provision for contractor parking A lorry routing schedule the method of demolition of nos 5 and 6 Catbrain Hill and any proposed restoration of the demolition site.

The development shall be implemented in accordance with the approved CEMP Reason: This is a pre-commencement condition to avoid any unnecessary remedial action in the future.

To ensure the protection of the future residents in terms of air quality, highway safety and environmental impacts and to accord with policies CS9 and CS26 of the adopted South Gloucestershire Local Plan: Core Strategy (December 2013) .

11.

The car parking associated with each residential unit shall be laid out and provided in full prior to first occupation for residential purposes of the residential unit to which the car parking relates.

Reason To ensure that suitable off street parking is provided in the interest of highway safety, and to accord with saved Policy T12 of the South Gloucestershire Local Plan (Adopted) January 2006 and Policy CS8 of the South Gloucestershire Local Plan Core Strategy 2006-2027 adopted Dec 2013.

12.

No more than 110 dwellings shall be constructed and occupied as part of this permission.

Reason To ensure that the safety and efficient operation of the Strategic Road Network is not adversely affected, as the application has been assessed against this number, to accord with policy T12 of the South Gloucestershire Local Plan (adopted) January 2006 and to accord with policies CS7 and CS25 of the adopted South Gloucestershire Local Plan: Core Strategy (December 2013) .

13.

Prior to the commencement of development a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development shall be submitted for approval in writing to the Local Planning Authority. Development shall be carried out in accordance with the approved details.

OFFTEM

The scheme shall also include details of how the scheme shall be maintained and managed after completion.

Reason This is a pre-commencement condition to avoid any unnecessary remedial action in the future.

To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system and to accord with policies CS9 and CS25 of the adopted South Gloucestershire Local Plan: Core Strategy (December 2013) .

14.

Notwithstanding the provisions of Schedule 2 of the Town & Country Planning (General Permitted Development) Order 1995 (as amended) (or any Order revoking and re-enacting that Order with or without modification) no development as specified in Part 1 (Classes A, D, E) , or any minor operations as specified in Part 2 (Class A), or raised ground levels shall be carried out within 8.0m of the top of any bank of the watercourse fronting or crossing the site without the prior written consent of the Local Planning Authority.

Reason: To maintain an appropriate access to the watercourse for maintenance and/or improvements and to accord with policies CS9 and CS25 of the adopted South Gloucestershire Local Plan: Core Strategy (December 2013) .

15.

All reserved matters submissions shall include detailed plans showing the provision of car and cycle parking facilities in accordance with the Residential Parking Standards SPD (Adopted) for residential development. The development shall proceed in accordance with the agreed scheme with the parking facilities provided prior to the first occupation of the associated buildings and thereafter retained for that purpose.

Reason To ensure the satisfactory provision of parking facilities and in the interest of highway safety and the amenity of the area, and to accord with policies CS8 and CS25 of the adopted South Gloucestershire Local Plan: Core Strategy (December 2013); and the adopted Residential Parking standard SPD.

16.

The particulars submitted as part of condition 1 for the relevant reserved matters shall include the following: o Details of 'Safer Routes to School' serving off-site education facilities; o Details of walking and cycling routes and how these link with the wider external network.

The details so approved shall be implemented prior to the first occupation of the first residential dwelling of the reserved matters consent.

OFFTEM

Reason: To encourage means of transport other than the private car and to accord with policy T12 of the South Gloucestershire Local Plan (adopted) January 2006 and with policies CS8 and CS25 of the adopted South Gloucestershire Local Plan: Core Strategy (December 2013) .

17.

All applications for approval of reserved matters within each geographical phase submitted as reserved matters shall include an Energy Statement.

Reason: To achieve improved energy conservation, and protect environmental resources in accordance with Policy CS26 of the adopted Core Strategy.

18.

No dwelling shall be occupied until a detailed waste management and recycling strategy has been first submitted to and approved in writing by the Local Planning Authority. The waste management and recycling strategy shall include measures to control the use, sorting, storage and collection of waste material and recycling from residential and commercial uses on site, including on site composting. The development shall thereafter be implemented in accordance with the approved details.

Reason To ensure appropriate waste management, recycling and composting measures take place on site and in accordance with Policies CS1 and CS25 of the Core Strategy.

19.

No dwelling shall be occupied until a scheme for the provision of internet connection infrastructure to serve the future residents of the development, including a timetable for implementation, has been submitted to the Council for approval. The development shall be implemented in accordance with the agreed scheme and timetable.

Reason To ensure an appropriate standard of internet connection is provided in the interests of the amenity of future residents and accord with Policy CS25 of the adopted Core Strategy

20.

Prior to the submission of any reserved matters (excluding applications relating to infrastructure works) a site wide affordable housing plan and an accompanying schedule shall be submitted to and approved in writing by the local planning authority showing the distribution of affordable housing (in line with the provisions of the S106 Agreement) across the site. The plan and the accompanying schedule shall show: a) the number of affordable dwellings to be provided; b) the mix of dwellings (in terms of the number of bedrooms and the proportion of houses and flats, broken down between social rented affordable housing units and intermediate units in that parcel.)

The subsequent reserved matters that show the proposed layout of the development shall show the proposed locations of the affordable dwellings. Development shall thereafter be carried out in accordance with the site wide affordable housing plan, accompanying schedule and reserved matters approvals.

OFFTEM

Reason To ensure that the distribution of affordable houses assist the creation of an inclusive mixed community in accordance with Policy CS18 of the adopted Core Strategy adopted Dec 2013 21.

All reserved matters shall include details of all finish slab levels in relation to ground level for every building within the site edged red on the approved Site location Plan.

The development shall be implemented in strict accordance with the approved slab levels.

Reason: To ensure protection of the local area in the interest of protecting the character, distinctiveness and amenity of the surrounding area in accordance with policies CS1 and CS9, CS25 and CS26 of the adopted Core Strategy Dec 2013.

22.

No dwelling unit shall be occupied until a strategy for the provision of public art has been first submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved strategy.

Reason: To contribute to the objectives of the South Gloucestershire Cultural, Heritage and Arts Strategies, through the provision of additional, extended or enhanced facilities and access to/or facilitation of art and cultural activities for the new residents in accordance with Policy CS23 South Gloucestershire Local Plan: Core Strategy (adopted December 2013).

23.

Prior to the first residential occupation of the development, detailed plans shall be submitted to, and approved by the Local Planning Authority, to demonstrate which areas of landscaping and tree planting, both formal and informal shall be retained as part of the private management company, or transferred to the Local Planning Authority for adoption.

Reason To ensure the preservation of a cohesive development in the interests of visual amenity and to accord with saved Policies L1 of the South Gloucestershire Local Plan (Adopted) January 2006 and Policies CS1, CS2, CS9, CS20, CS24, CS25 of the South Gloucestershire Local Plan Core Strategy Adopted December 2013.

24.

No dwelling unit shall be occupied until details in respect to the proposed street lighting have been first submitted to and approved in writing by the Local Planning Authority, and thereafter the development shall be implemented in full accordance with the approved details.

Reason To ensure the preservation of visual amenity, highway safety and residential amenity and to accord with saved Policies L1,T12 of the South Gloucestershire Local Plan (Adopted) January 2006 and Policies CS1, CS2, CS9, CS20, CS24, CS25 of the South Gloucestershire Local Plan Core Strategy Adopted December 2013.

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25.

The re routed Public Right of Way shown on the approved Concept Plan shall, where abutting a vehicular carriageway, have minimum width of 1-1.5m pedestrian footway with segregated tree lined verge with minimum width of 2m.

Reason: To protect the setting and green route of the Right of Way and to accord with Policies CS1, CS2, CS25 and CS26 of the South Gloucestershire Local Plan Core Strategy Adopted December 2013.

26.

No development shall commence (including clearance of vegetation) until the relevant development parcel has been re-surveyed for badgers and a report containing the findings of the survey has been submitted to and approved in writing by the Local Planning Authority. The report shall provide details of all works subject to the licensing provisions of the Protection of Badgers Act 1992. The development shall be implemented in accordance with the approved report.

Reason: This is a pre-commencement condition to avoid any unnecessary remedial action in the future.

To ensure the development is carried out in an appropriate manner and to protect local nature conservation and geological interests and to accord with saved Policy L1 and L9 of the South Gloucestershire Local Plan (Adopted) January 2006 and policy CS9 of the South Gloucestershire Local Plan Core Strategy adopted December 2013.

27.

All subsequent reserved matters submissions shall include appropriately scaled cross sections through the site to show the relationship of dwellings within the site and the adjacent commercial development to the west.

Reason: To protect the character, distinctiveness and amenity of the surrounding area and to accord with Policies CS1, CS2, CS25 and CS26 of the South Gloucestershire Local Plan Core Strategy Adopted December 2013.

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