Agenda item

Erection of 5no dwellings with associated site access and ancillary facilities.

The Principal Planning Officer, Leigh Dalby gave a detailed presentation on the report relating to the abovementioned planning application, a copy of which had been circulated (for copy see file of minutes).  Members noted that the written report was supplemented by a visual presentation which included photographs of the site.  The Principal Planning Officer advised that some Members of the Committee had visited the site and were familiar with the location and setting.  The application was for the erection of 5no dwellings with associated site access and ancillary facilities and was recommended for approval, subject to the conditions as set out in the report.

The Principal Planning Officer noted some corrections to the report and displayed a map with the correct red line boundaries denoting land within the applicant’s ownership and the proposed biodiversity area, and slight movement of the location of some garages.  He explained that the proposed access was from Temperance Terrance, with a temporary construction access to be taken via Cockhouse Lane to avoid issues with construction traffic.  He added that the application was within the open countryside, to the north and south, and with an AHLV to the west of the application site.  He noted that there was a public right of way (PROW) running through the landowner’s field, and the application site was currently grassland with a steep increase in height running south to north.  In respect of Biodiversity Net Gain (BNG), Members were asked to note the land further to the west from the proposed dwellings, as well as the proposed site layout, access, construction access and Sustainable Drainage System (SUDS) pond within the main site. 

The Principal Planning Officer noted landscaping and tree planting that were proposed to the north and south.  He referred Members to the house types proposed for the development.  He noted no objections from the Coal Authority, Highways, Ecology, Landscaping, Tree Sections, subject to amended landscaping and conditions as set out.  He added that the Council’s PROW, Environmental Health and Archaeology Teams had also offered no objections, subject to conditions. 

The Principal Planning Officer noted 12 letters of objection along with a petition with five signatories, with the main reasons including: construction traffic, light, noise and dust, additional traffic, parking issues, loss of green space, mining activities and reduced privacy levels.

The Principal Planning Officer noted that Officers felt the application was acceptable in terms of CDP Policies 6 and 10, with the landscaping proposed being acceptable and therefore the application was recommended for approval, subject to the change to the location of the garages as mentioned.

The Chair thanked the Principal Planning Officer and asked Parish Councillor Jimmy Jamieson, representing Brandon and Byshottles Parish Council, to speak in relation to the application.

Parish Councillor J Jamieson noted he was representing the Parish Council, and lived right next to the application site, and while he had objected to the application in a personal capacity, he was speaking on behalf of the Parish Council at Committee.  He explained it had been disappointing to note the surveyor’s report on the field, which he noted was fully sodden, evidenced by the willow trees growing, which preferred such moist conditions.  He added he had lived in the area for 30 years and knew the land well, having installed the field drains himself many years ago.  He noted that new properties at Bow View meant areas now flood, noting he had video of such flood water flowing down the area, and that additional properties would exacerbate the issue and noted that garages at Waltons Buildings were damp.

Parish Councillor J Jamieson noted the National Coal Board (NCB) report in terms of the adjacent Welby Drive, where a massive sinkhole had appeared, where a local farmer had been very close to falling into the hole, being over 30 metres wide.  He added that the NCB had tipped rubble into the hole in an attempt to fill it, however, the developer in that instance had broken the cap, however, the development had not been completed and local people had used the site as a mountain bike track.  He added the fear was that building works would crack the cap and present issues in the future.

Parish Councillor J Jamieson noted that the proposed construction traffic access had been welcomed, however, access to the site from Temperance Terrace was felt to be an issue, give the road camber and narrow nature.

He noted that while Bow View had been built, it was common for vehicles to have to reverse along the street, with there also having been no banksmen employed during that construction.

Parish Councillor J Jamieson added that the Parish did not feel the proposals were well defined or thought through in terms of the impact upon public access, parking, the PROW, and issues of flooding.  He noted other issues included the removal of hedges, impact upon Roe Deer that lived in the area, pheasants, as well as endangered Partridges and Sky Larks nests, and field mice and voles.  He added all would be lost if the proposed development were to go ahead.  He asked the Committee, on behalf of the Parish Council and its residents of Waltons Buildings, Temperance Terrace and Welby Drive and refuse the application, to prevent all the issues.

The Chair thanked Parish Councillor J Jamieson and asked Councillor M Wilson, Local Member, to speak in respect of the application.

Councillor M Wilson noted that the application had caused a number of concerns, with the NCB, now Coal Authority, not making a good case for building in the area, with many coal seams in the area, with additional development increasing risks of subsidence further.  She noted as regards the pond at Valley View Farm and the increased flood risk at Waltons Buildings, with run-off from previous development running down Cockhouse Lane producing treacherous conditions, especially in winter.  She added that the access proposed was very tight and would present issues in terms of refuse vehicle, emergency vehicles and deliveries.  She noted that parking in the area was already a big issue, and that would be exacerbated by this application.  She asked the Committee to refuse the application.

The Chair thanked Councillor M Wilson and asked Belinda Snow, local resident, to speak in relation to the application.

B Snow noted that she did not object to the buildings themselves, rather she objected to the road proposed for access being used, as it was already very tight and a concern in terms of traffic and parking.  She explained that for 40 years, the children at Temperance Terrace had played in the gardens opposite, running between those gardens and their homes opposite.  She added this would likely end up being used as a rat-run to access the proposed properties.  She added overspill parking would result in it being impossible for refuse vehicles to access nearby properties and lead to up to 25 additional cars travelling up and down Temperance Terrace and Waltons Buildings.

The Chair thanked B Snow and asked Ciaran Walsh, agent for the applicant, to speak in support of the application.

C Walsh noted a drainage strategy had been submitted in line with CDP Policy 35, with the addition of a SUDS pond to help deal with any high outflow demand.  He noted that the property types proposed were of a split-level design, one and a half, and two and a half storeys, taking into account the incline of the site and being built into the hill.  He added the designs were such to cater for growing families, allowing those in the area to move from two and three bed properties, freeing those homes up on the market for new families.  He noted that the concerns as regards the previous development mentioned had been taken on board, hence the proposed alternative site access for construction vehicles, alleviating pressures on existing residents. 

The Chair thanked C Walsh and asked the Committee for their comments and questions. 

Councillor L Brown asked as regards any response from Northumbrian Water in respect of the application and whether their drains would be able to cope with the additional load.  She noted paragraph 31 of the report referred to photovoltaic panels, and asked as regards connection to the gas network as it was not referred to.  She asked if the back terrace referred to by the speakers could cope with traffic and noted, if approved, would it be possible for Condition 12 to refer to a 0800 start time, rather than 0730.

The Principal DM Engineer, David Battensby noted that as part of the application process, the applicant had supplied analysis in terms of access for refuse vehicles along Waltons Buildings / Temperance Terrace.  He added that the width of the carriageway was six metres, which is wider than the required 5.5 metres for new build estates, and therefore was more than capable in terms of the proposed development.  Councillor L Brown asked as regards the rear lane and issues with parking.  The Principal DM Engineer noted that there was existing on-street parking however there was still ample space, if there were any obstructions, other primary legislation would apply.

The Principal Planning Officer noted that Northumbrian Water were not consulted as the scale of development fell below the threshold that they had set in respect of being consulted.  In terms of connection to the gas network, he suggested that the agent for the applicant may be able to add further details.  The Chair asked C Walsh if he wished to respond.  C Walsh noted he was not sure, and there would be effort to be as sustainable as possible in terms of photovoltaics and air-source heat pumps, however, he could not rule out a gas connection at this time.

Councillor J Elmer noted his concerns as regards ground nesting birds, as referenced by one of the speakers and noted a check should be made with the Council’s Ecologist in terms of building at the appropriate time of year to protect those species, with Skylarks being a Protected Species. 

He asked for any further information in relation to potential subsidence and explained his frustration that Northumbrian Water had not responded, with many of their sewers operating well beyond capacity, on occasion releasing wastewater into surrounding areas.  He noted that while he had those concerns, and as regards the highways issues raised, he could not see anywhere where the application breached planning policies.

The Principal Planning Officer noted that the Coal Mining Risk Assessment had set out that the Coal Authority thought development was acceptable, subject to conditions.  In relation to ground nesting birds, the Principal Planning Officer noted that in terms of breeding birds, it had been noted there had been thought to be limited impact, however, if Members were minded an addition condition could be placed, limiting construction outside of breeding season.

Councillor M Wilson noted she would dispute the comments from Highways in terms of vehicles being able to get up and down the roads, she noted parking was often in both sides of the road, reducing the width such that refuse wagons were unable to get passed the parked cars, adding she could not see how they would be able to get around the tight corner.

Councillor K Shaw noted he had listened carefully and could not see any grounds for refusal, therefore he would second Councillor J Elmer’s proposal for approval.

Councillor J Elmer noted his approval was subject to a condition linked to the birds as referred to and the Wildlife and Countryside Act.  The Principal Planning Officer noted an appropriate condition would be added.

The application had been moved for approval by Councillor J Elmer, seconded by Councillor K Shaw and upon a vote being taken it was:

RESOLVED:

That the application be APPROVED, subject to the conditions and Section 39 Legal Agreement set out within the report, with addition condition relating to nesting birds.

Councillor J Cosslett left the meeting at 12.05pm