SITE AND SURROUNDINGS

The application site comprises 0.26 hectares and lies within a built up
area of residential and commercial properties. The site is a grassed
area enclosed by trees and hedging on a corner plot adjacent to the
traffic island junction of Caledonia and the Thorns Road (A4036).
Vehicular access / egress to the site is gained via Caledonia. The site
slopes from north to south with steep slope to the far south of the site.
It is linked in the south-west, to Stour Valley and is designated as
Linear Open Space (LOS) and a Site of Local Importance for Nature
Conservation (SLINC).

The neighbouring residential properties on Caledonia adjoining the site

comprise detached and semi-detached bungalows. A bungalow with attached
side garage at 9 Caledonia adjoins the site to the west. On the opposite side
of Caledonia, residential properties are predominantly semi-detached two
storey houses. The land across the site slopes from north to south, with the
detached dwellings to the south of the site fronting Thorns Road being
significantly lower than the application site.

PROPOSAL
3

The application is for full planning permission for the erection of 14 No.
residential apartments comprising of:

5.

6 No. 1 bedroom apartments;

6 No. 2 bedroom apartments; and

2 No. 3 bedroom apartments.

The proposed development comprises of three separate distinct

residential buildings.

Block A - fronting Caledonia. This block is one and a half and

two storeys and comprises of 4 No. one bedroom and 2 No. two
bedroom apartments.

Block B - fronting the junction of Thorns Road and Caledonia.

This block is two storeys comprising of 4 No. two bedroom
apartments.

Block C - fronting Thorns Road. This block is two storeys and

comprises of 2 No. one bedroom and 2 No. three bedroom
apartments.

The proposed buildings would have a footprint area of 421 square metres and
would be of a traditional design with the use of facing brick with pitched roofs
over. A continuous low level brick boundary wall with brick pillars and coping
stones is proposed to the frontage with landscaping behind to address the
public realm. The proposed development would utilise the existing vehicular
access / egress point from Caledonia to serve the parking area for 25 cars
sited to the rear of the development.

Retaining walls would be installed to the rear of the site to provide a level car
park area given the sloping land levels. A sustainable drainage system will be
incorporated into the scheme to ensure Greenfield surface water run-off as a
result of the proposed scheme.

To the south of the site, where the land falls away steeply it is proposed to
leave this heavily vegetated area (comprising of some 600 square metres)
undeveloped to allow for a wildlife corridor and provide green habitat.

The application is accompanied with the following:

Design and Access Statement;

Photomontages of the proposed development;

Ecology Report;

Ground Investigation Report;

Mining Investigation Report; and

Coal Mining Risk Assessment.

HISTORY
10.

Application Site

APPLICATION PROPOSAL
No.
P15/0539
Full
planning
permission for the
erection of 14 No.
apartments
with
associated
car
parking

DECISION

DATE

Refused by Development
Control Committee

01

* Appealed under reference

APP/C4615/W/15/312932
5

July
2015

Dismissed
on 20
October
2015

11 The planning application submitted under planning reference P15/0539

was refused for the following reasons:

The proposed development is likely to result in displacement of

vehicles onto the highway to the detriment of highway safety in
close proximity to a busy highway junction as a result of a
shortage of available parking spaces and the use of a gated
access;

The proposed development, by virtue of its scale bulk and mass

is considered out of character with the surrounding area further
compounded by the use of a pallet of contemporary materials in
the context of traditional dwellings; and

The proposed development, by virtue of its high density

constitutes overdevelopment of the site which is out of character
with the surrounding residential context.

12 An appeal was lodged with the Planning Inspectorate under reference

APP/C4615/W/15/3129325, following refusal of the planning application
but was subsequently dismissed, with the Planning Inspectorate

upholding only one of the grounds of refusal. Consequently, further preapplication negotiations have been undertaken with the local planning
authority in an attempt to address the Planning Inspectorates
comments against the refused and dismissed scheme.
PUBLIC CONSULTATION
13.

The application was advertised by way of neighbour notification

correspondence being sent to the occupiers of 36 properties within
close proximity to the site and by the display of both a site notice and a
newspaper advert.

14.

In response to the consultation exercise, correspondence has been

received from 5 local occupiers raising concerns to the proposed
development. The material planning considerations are summarised
below;

Highway Safety - Caledonia is a very busy road with a large

amount of through traffic (including commercial traffic). The
junction the application site fronts is a hazardous one, many
accidents and near misses happen. Furthermore, users of the
highway fail to observe speed restrictions and access violations
also occur. Concerns are also raised through additional traffic
generation as a result of the development;

Overdevelopment - the amount of flats and size of the blocks

proposed are far too many for the site. It is suggested that a
more suitable type of development would be for example 3 or 4
semi-detached or town houses, with associated gardens and off
road parking;

Out of Character - concerns area raised with regard to the

proposed architecture and the height of the proposed buildings,
which would be out of keeping with the surrounding built form;

Overlooking / Privacy - concerns regarding privacy, due to being

overlooked

by

the

future

occupiers

development, which would be intolerable;

of

the

proposed

Noise concerns are raised regarding from noise arising from

the development by the manoeuvring of vehicles / gates
opening;

Bin Store concerns area raised with regard to the location of

the bin store and the anti-social issues that may arise;

Decking Area concerns are raised over the 18 metre squared

decking area in the green corridor, which would also result in
future occupiers congregating and being anti-social;

Drainage concerns relating to how the development shall be

drained with concerns raised to surface run-off which may affect
the properties at a lower level and fronting Thorns Road;

Landslip concerns that the development may result in land slip

which has previously affected properties at a lower level and
fronting Thorns Road;

Trees Concerns are raised over the loss of trees; and

Anti-social behaviour issues such as neighbour related

conflicts, noise, vandalism, littering and car theft.

15.

In addition to the above, correspondence has been received from

Caledonia Residents Association, an organisation stated to represent
the primarily residential properties in the nearby; Turner Drive,
Grosvenor Way, Delph Drive, Winding Mill South, Winding Mill North,
Morton Road, Caledonia and Mousehall Farm Road (approximately
some 305 homes and estimated to represent some 1000+ people).

16.

The residents association was formed circa 2005 by a group of

residents and the residents association has an elected committee,
whose activities are governed by a constitution, held by Dudley
Metropolitan Borough Council for Voluntary Services.

17.

The Residents Association raise the following concerns to the proposed

development, summarised below;

Overshadowing to the adjacent bungalow property of No. 9

Caledonia given the proposed buildings would be two to three
storeys in height;

Overlooking of surrounding private rear garden areas of

adjacent properties;

Off Street Parking it is considered that the proposed

development would have a shortfall in parking. It is stated that
future occupiers (based on number of bedrooms being provided)
could require off street parking for up to 38

vehicles (not

including visitors);

Boundaries concerns are raised regarding the proposed

boundary treatments and access rights

Servicing concerns area raised over how refuse vehicles

would access / service the site;

Density is considered too high for the site;

Ecology the development would result in a loss of ecological

habitats, some may be protected and especially given the
proximity of the river;

Highways Concerns are raised regarding the proposed

access, additional vehicle movements as a consequence of the
development, the safety of the junction and speeding motorists
on the adjacent highways;

Amenity vehicle headlights would shine across the frontage of

properties when accessing / egressing the site at night;

Devaluation of properties concerns are raised that the

proposal would be devalued;

Pasture land concerns are raised to the loss of pasture land;

and

Flooding concerns are raised over potential flooding as a

consequence of the development.

18.

Following the request of the Local Planning Authority, amended plans

have been requested and received detailing the following:
Omission of proposed rear decking area and alterations to proposed
boundary treatment to the highway frontages.

19.

Receipt of the amended plan resulted in the need for further public
consultation in the form of letters being sent to the same properties
located within close proximity to the site, as well as, anyone who
previously registered an interest in the scheme. The final period for
comment expired on 5th June.

20.

In response to the to the further consultation exercise, representations

have been received from 2 local residents and the Caledonia
Residents Association, reaffirming original concerns.

OTHER CONSULTATION
21. Highway Engineer: No objection raised; however, should planning
permission be granted for the proposed development, planning
conditions would be required relating to electric charging points being
introduced, details of disabled parking, details of cycle parking and
details of access, turning areas and parking being provided.
22. Head of Environmental Health and Trading Standards: The site is
adjacent to the relatively busy classified highway of Thorns Road
(A4036) and thus would be subject to high levels of traffic and
subsequent noise from this source for both daytime and night-time hours.

Should planning permission be granted for the proposed development, a

planning condition would be required adequately protecting the internal
dwelling areas for future occupiers
23. Education: No adverse comments.
24. West Midlands Police Crime Prevention Design Advisor: No objections
subject to the scheme being implemented in accordance with the
standards outlined within Secured by Design Homes 2016 guide. In
general the design of this site presents a strong frontage to public areas.
The provision of secure pedal cycle storage is welcomed. The scheme
should also follow the guidelines and standards as set out in Lighting
Against Crime. The full comments have been forward to the planning
agent for comment / action.
25. Coal Authority: No objection raised as the Coal Authority concurs with the
recommendations of the Coal Mining Risk Assessment Report; that coal
mining legacy potentially poses a risk to the proposed development and
that intrusive site investigation works should be undertaken prior to
development in order to establish the exact situation regarding coal
mining legacy issues on the site.
26. Should planning permission be granted for the proposed development,
planning conditions would be required relating to the site investigation
works prior to commencement of development. In the event that the site
investigations confirm the need for remedial works to treat the areas of
shallow mine workings to ensure the safety and stability of the proposed
development, this would also be controlled by way of planning condition
to ensure that any remedial works identified by the site investigation are
undertaken prior to commencement of the development.
27. Tree Officer: Further to comments on the previous application and
subsequent pre-application discussions, it is confirmed that as the
landscaping area at the front of the site has been increased in size from

the previous schemes, no objections area raised to the proposed

development and the loss of the relatively low quality trees along the
sites frontage.
28. Economic Development and Regeneration: No adverse comments
received.
29. Land Contamination Team: The Ground Investigation Report by Spilman
Associates, dated October 2014, submitted with this application has
been reviewed. Remediation of the site by the provision of a clean cover
layer to all garden/landscaped areas has been recommended, as has
the inclusion of ground gas precautionary measures to the new
dwellings. Should planning permission be granted for the proposed
development, planning conditions should be attached to deal with any
land contamination issues arising.
RELEVANT PLANNING POLICY
30. National Planning Guidance (2012)

The National Planning Policy Framework (NPPF)

Framework National Planning Policy Framework Planning Practice

Guidance

CIL Regulations

31. Black Country Core Strategy (2011)

The Vision
Sustainability Principles
The Spatial Objectives
HOU1

Delivering Sustainable Housing Growth

HOU2

Housing Density, Type and Accessibility

DEL1

Infrastructure Provision

CSP3

Environmental Infrastructure

 CSP4

Place Making

TRAN2

Managing Transport Impacts of New Development

ENV1

Nature Conservation

ENV2

Local Character and Distinctiveness

ENV3

Design Quality

ENV5

Flood Risk, Sustainable Drainage Systems and Urban

Heat Island
ENV6

Open Space, Sport and Recreation

ENV 8

Air Quality

32. Saved Unitary Development Plan (2005)

DD1

Urban Design

DD4

Development in Residential Areas

EP7

Noise Pollution

UR9

Contaminated Land

UR10 Unstable Land

LR1

Open Space

NC10 Urban Forest

33. Supplementary Planning Documents

Parking Standards (2012)

New Housing Development (2013)

Nature Conservation (2006)

34. Supplementary Planning Guidance

Note No. 12. The 45 degree code

ASSESSMENT
35 Key Issues

Background

Principle

Design and Layout

Neighbour Amenity

Occupier Amenity

Access and Parking

Ecology

Landscaping

Sustainable Urban Drainage

Financial Material Considerations

Other Matters
Background

36

Following the refusal of planning application P15/0539 for the erection of 14

No. apartments with associated car parking, an appeal was lodged with the
Planning Inspectorate. This appeal was subsequently dismissed by the
Planning Inspectorate.

37

Within the Planning Inspectorates decision, that the main issues for
consideration related to:
i

the effect of the proposal on the character and appearance of

the area; and

ii

whether the proposal included satisfactory parking provision in

the interests of highway safety and the convenience of future
occupiers.

38

The refused planning application also proposed to construct 14 apartments

fronting Caledonia and Thorns Road, with parking to the rear of the site and
accessed off Caledonia. The sloping land to the rear of the proposed car
parking would also have been undeveloped to allow for a wildlife corridor.

39

The scheme as the subject of the appeal, was of a contemporary design

comprising of a series of three blocks. Two blocks would have been two

storeys with a three storey middle section. The Planning Inspector noting that
in general, the development would have had the appearance of a modern
apartment block.
40

Although the principle of development on the site was not contested, the local
planning authority raised concerns regarding the proposed density of
approximately 57 dwellings per hectare. However, the Planning Inspectorate
concluded that, whilst the density of the scheme would not reflect that of
neighbouring housing in Caledonia, Thorns Road is dominated by a number
of large industrial / commercial buildings and therefore is not characterised by
any particular dwelling types or density. As such, the Planning Inspectorate
concluded that a higher density would not automatically be harmful provided
the new development was designed to respect the character of the
surrounding area.
41.

The Planning Inspectorate also noted that the existing residential built
form comprises of both bungalows and semi-detached dwellings to the
Caledonia highway frontage with detached and bungalow properties to
Thorns Road.

42.

The Planning Inspectorate also acknowledged that the proposed three

storey element of the scheme due to its resultant scale, bulk and mass,
given the sites prominent position, would have been unduly prominent,
especially when combined with the contemporary appearance and
materials of the development which would have resulted in an obtrusive
feature within the street scene.

43.

The Planning Inspectorate recognised that development should be

appropriate and sympathetic in terms of scale, materials and form. The
scale and siting of the proposal should also relate to adjoining
development, the character of the area and the wider landscape.
Therefore it is was considered that the then proposed layout, form and
scale of the development and a two / three storey apartment scheme,

whilst appropriate in density terms was wholly inappropriate with

regards to the design and failing to relate to the surrounding built form.
44.

Concerning issues contested with relation to highway safety, the

Planning Inspectorate noted that the proposal would provide twenty five
off-street parking spaces for 14 units, the same number as proposed
under the current scheme being considered.

45.

The Planning Inspectorate concluded that the proposal would exceed

the Councils minimum parking standards of twenty two off-street
parking spaces for residential development as indicated in the
Councils

Adopted

Supplementary

Planning

Document

Parking

Standards (2012).
46.

The Planning Inspectorate also noted that the Councils Highways

Engineer raised no objection to the proposal, subject to conditions. The
Planning Inspectorate concluded that by reason of the off-street
parking provision there would not be a material change to the demand
for on-street parking from the future occupiers of the appeal scheme or
their visitors.

47.

Concerning the gated access, the Planning Inspectorate had regard to

the distance of the access drive from the traffic island junction of
Caledonia with Thorns Road (A4036). The Planning Inspectorate noted
that the gates were set back from the highway and together with the
width of the access, would allow two vehicles to enter the site from the
highway and the gates to be opened. In addition, there would be a
passing space between the highway and the gates which would enable
two vehicles travelling in opposite directions to pass each other without
the need to reverse out onto the highway. The Planning Inspectorate
also noted that in relation to the gates, there would be a suitable
mechanism available to ensure vehicles entering the site would not be
displaced onto the highway, and the Planning Inspectorate determined
that the scheme would not result in vehicles being displaced onto the

highway and would not have an adverse effect on the free flow of traffic
or highway safety on Caledonia, Thorns Road (A4036) or the
surrounding area.
Principle
48 The principle of the development for 14 no. apartments has been
established through the determination of planning reference P15/0539
and the subsequent appeal to the Planning Inspectorate under
reference APP/C4615/W/15/3129325, subject to the development
adopting an appropriate scale, materials and form traditional form
which addresses not only the adjoining development but also the public
realms of the prominent corner plot. The principle of this revised
scheme for residential development submitted under this application at
this site is considered entirely appropriate and in line with the
aspirations of national and local policy context.
Design and Layout
49.

The proposed scheme would adopt a similar layout to that considered

by the Planning Inspectorate, which address and turns the highway
frontages of both Caledonia and Thorns Road. This layout adopts a
more traditional residential form, being of facing brick facades and
pitched roofs over, with symmetrical proportioning and fenestration.
The scheme would embrace architectural detailing, such as forward
projecting gables, gablet details, box bay and bow window detailing, as
well as pitched roof dormers and chimney detailing. Feature window
cills and head details would also be adopted as would decorative
ornate porches with brick plinths to the frontages. Mock doors to the
frontages would give the building what appear to be active and primary
pedestrian links serving the front of the building. The rationale being to
discourage resident or visitor parking to the frontage of the site, that
could prejudice the safe operation of the highway junction to the
frontage of the site.

50.

The apartments would be of limited scale, being one and a half to two
storeys in height and set back from the respective highways to provide
an area for soft landscaping and a pedestrian route. A continuous low
level brick boundary wall treatment with brick pillar and coping stones is
also proposed to the frontage to define the public and private realm.

51.

The proposed scheme would utilise the existing vehicular access via
Caledonia to serve the rear court yard parking for 25 cars. The scheme
would also adopt a gated access set back from the highway whilst
retaining walls would be installed to the rear of the site. The rear most
aspect of the site, where the land falls away steeply, would remain
undeveloped to allow for a wildlife corridor and provide green
infrastructure as per the requirements of the Planning Inspectorates
decision.

52.

The proposed layout of the site, including the apartment types, land
levels, the separation distances between adjoining properties and
space standards within the site and the appearance of the apartments
are considered to accord with the relevant policy context whilst no
material considerations indicate that the proposed development should
be refused with respect to its design, layout and external appearance.
The scheme is considered to be acceptable and demonstrates that the
site could be developed in a manner which would be satisfactory.

53.

The layout has been carefully structured to ensure a positive, attractive

frontage is achieved which addresses the street scene. The frontage
would ensure passive surveillance of the respective street scenes and
improved security would result from habitable rooms designed to
overlook both the street scene and the gated rear off street parking
court yard.

54.

The proposed traditional detailing to the elevations of the apartments,

combined with reduced scale and massing would respect the local
vernacular of properties. Careful consideration has also been given to

internal room layouts and windows to ensure no inter-visibility between

habitable rooms and to maintain the privacy of surrounding dwellings in
the vicinity of the site by preventing direct overlooking of rear garden
areas. The design and layout of the scheme has regard to the form and
layout of surrounding development and in urban design terms is
considered to make a positive contribution to the character and
appearance of the area.
55.

The proposed development responds to the physical constraints of the

site and would ensure that the development applies the principles of
good urban design and contributes to the local character and
distinctiveness of the area. It is considered that the proposed
development satisfactorily achieves the aspirations of the Policy
framework and other material considerations.
Neighbour Amenity

56.

The proposed development would take place on a currently vacant site

and it is appreciated that the occupiers of the residential properties
surrounding the site would undoubtedly be aware of changes in their
immediate environment. It is also appreciated that the outlook for
surrounding occupiers would also change, however, it is considered
that the proposed apartments would be sited sufficiently far from
existing properties to ensure an acceptable level of visual separation.
Furthermore, the proposed development would ensure that no harm to
surrounding occupiers through loss of daylight, outlook or privacy
would arise from habitable room windows. It is also recognised that the
proposed land levels and existing surrounding land levels would ensure
the development would not form an overbearing or conspicuous feature
for the occupiers of these properties.

57.

The scheme as proposed would not, therefore, prejudice existing

residential amenity to an unacceptable level as the development would
not result in an unacceptable loss of outlook, privacy or inappropriate

levels of noise or disturbance. Therefore the scheme would not conflict

with the aspirations of Saved Policies DD4 (Development in Residential
Areas) and EP7 (Noise Pollution) of the Dudley Unitary Development
Plan.
Occupier Amenity
58.

The proposed apartments would achieve a satisfactory internal and

external layout with good surveillance from habitable room windows of
the respective street scenes, landscaped and parking areas. The
apartments would be served by limited outside amenity space,
however, a scheme of this nature is not considered to have to provide
private amenity space for all future occupiers and it must be recognised
that within walking distance there are amenities for future occupiers in
the form of Stevens Park meaning that future residents would be well
served by public open space.

59.

The Head of Environmental Health and Trading Standards notes that

elevated traffic noise from the busy Caledonia / Thorns Road highways,
located to the frontage of the site, may impact upon future occupiers of
the apartments. This would be controlled through planning conditions to
ensure that windows would be provided with enhanced glazing and or
ventilation, to ensure an acceptable level of amenity can be achieved in
terms of noise. It is therefore considered unlikely that the adjacent busy
highways would be detrimental to the amenity of the future occupants
through noise disturbance. The scheme as proposed would therefore
be in accordance with Saved Policies DD4 (Development in Residential
Areas) and EP7 (Noise Pollution) of the Dudley Unitary Development
Plan.
Access and Parking

60.

The existing access is acknowledged as remaining in situ, fronting

Caledonia and the properties should be served by rear courtyard

parking. The access to the west of the site adjacent to No. 9 Caledonia
would be gated for security. Access to the building would be from the
car park area. No access doors are proposed within the front elevations
to Caledonia or Thorns Road in order to prevent indiscriminate parking
within close proximity to the highway island.
61.

The rear courtyard off street parking area would provide twenty five offstreet parking spaces and exceed the minimum standards of twenty
two spaces for a residential development of this type as identified
within the Adopted Parking Standards Supplementary Planning
Document (SPD). It should be noted that the Highway Engineer raises
no objection to the proposal, subject to conditions. It is not considered
likely that indiscriminate parking would occur at the sites frontage by
future occupiers or visitors, given ample off-street parking to the rear

62.

The proposed gated access is also not considered contentious, given

the previous consideration of this matter by the Planning Inspectorate
who had regard to the distance of the access drive from the traffic
junction of Caledonia with Thorns Road (A4036). The Planning
Inspectorate noted that the gates were set back from the highway
which together with the width of the access would allow two vehicles to
enter the site off the highway and the gates to be opened. In addition,
there would be a passing strip between the highway and the gates
which would enable two vehicles travelling in opposite directions to
pass each other without the need to reverse out onto the highway. The
Planning Inspectorate also noted that in relation to the gates, there
would be a suitable mechanism available to ensure vehicles entering
the site would not be displaced onto the highway, and in the absence of
any cogent evidence to the contrary, determined that the scheme would
not result in vehicles being displaced onto the highway and would not
have an adverse effect on the free flow of traffic or prejudice conditions
of highway safety in Caledonia, Thorns Road (A4036) or the
surrounding area.

63.

Notwithstanding the above, in transportation terms the site is located in

an accessible location and therefore represents a sustainable location
for development. The Highway Engineer raises no objection to the
scheme and is satisfied that the proposed layout, traffic movements
and parking arrangements would be acceptable. The scheme would
also ensure adequate off street parking arrangements

for a

development of this type and size. The scheme would accord with the
aspirations of Policy TRAN2 (Managing Transport Impacts of New
Development) of the Black Country Core Strategy (BCCS) and the
Parking Standards Supplementary Planning Document.
Ecology
64.

The site is linked, to the south-west, to Stour Valley and is designated

as Linear Open Space (LOS) and a Site of Local Importance for Nature
Conservation (SLINC). Paragraph 109 of the NPPF sets out that
developments should contribute and enhance the natural and local
environment by seeking to minimise impacts on biodiversity. Paragraph
118 of the NPPF notes that when determining planning applications
local planning authorities should aim to conserve and enhance
biodiversity. The Local Planning Authority also has a duty under the
Habitats Directive to protect European Protected Species, and that if
significant harm resulting from a development cannot be avoided,
adequately mitigated or compensated for, then planning permission
should be refused, Paragraph 118 of the National Planning Policy
Framework.

65.

Evidence in the Ecological Survey which accompanies this planning

application confirms that the site has no significant ecological value,
with no bat roosts or European Protected species within the site. It was
noted during the site inspection, that the application site has been
subject to regular horse grazing and therefore appears to have limited
SLINC value due to its heavily over-grazed nature.

66.

Notwithstanding this, it is imperative that the development does not

encroach to the rear wildlife corridor to the south of the site to ensure
the value of the Linear Open Space or Site of Importance for Local
Nature Conservation are prejudiced. The proposed scheme would see
some 600 square metres set aside and this heavily vegetated area
retained in-situ. It is considered that this is of significant benefit on the
basis that the retained wildlife area would be able to accommodate
ecological species and habitats, adding diversity and interest to the
character of the site.

67.

Such ecological considerations also need to be weighed and

balanced against other planning considerations. The proposed
development would provide for the re-use of this previously
developed land. The proposal would also provide much needed
new modern high quality residential accommodation for the area.

68.

It has therefore been demonstrated through the submission of

the Ecological Report that the proposed scheme is acceptable in
ecological

terms

and

would

not

be

detrimental

maintenance of the biodiversity on the site.

to

the

The development is

considered to accord with the relevant legislation and policy framework

Landscape
69.

The proposal involves the redevelopment of a site without any

discernible loss of vegetation and habitats. The annotated landscape
scheme submitted as part of the application annotates a basic soft
landscaped scheme, however, it is considered that conditions to ensure
a detailed landscape scheme around the apartments would visually
soften the proposed building edges. The use of specimen shrubs and
semi-mature trees would provide an immediate effect whilst also
offering seasonal interest, through colours, fragrance and texture.

Minerals and Land Stability

70.

Land stability is covered within the NPPF. Land stability must be

considered when proposing development as it affects the delivery of
the development in its most fundamental sense, particularly in relation
to the risk of landslides, subsidence, harm to human health, property
and the wider environment.

71.

Paragraph 109 of the NPPF states that the planning system should
contribute to and enhances the natural and local environment by
remediating and mitigating despoiled, degraded, derelict, contaminated
and unstable land where appropriate. Paragraph 120 of the NPPF
recognises that to prevent unacceptable risks from pollution and
land instability, planning decisions should ensure that new
development is appropriate for its location.

72.

The area surrounding the site has been heavily mined. The Coal
Authority confirm that their

records indicate that there are 4 mine

entries within 20 metres of the site boundary, two relating to extraction

of coal and two relating to extraction of fireclay. The site is also in an
area of likely historic unrecorded underground coal mine workings at
shallow depth.
73.

Given the numerous coal seams and limestone outcrops within the
area extensive site investigations and ground conditions surveys have
been undertaken to inform the design of the scheme and the necessary
remediation works required to facilitate the development. A written
Remediation Strategy has been submitted alongside a series of
comprehensive site investigation reports including a coal mining report
and coal mining risk assessment which accompany the planning
application.

74.

The Remediation Strategy outlines the approach to remediate the site

and confirms that there are technical solutions to address the issues

requiring remediation. It has been established from that, the site can be
developed using established construction techniques. The submitted
technical details in this regard and accompanying the application are
sufficient for the purposes of the planning system and meets the
requirements of the NPPF in demonstrating that the application site is,
or can be made, safe and stable for the proposed development. This
view is substantiated by The Coal Authority who raise no objections to
the scheme, subject to the imposition of necessary planning conditions.
Sustainable Urban Drainage
75.

Policy ENV5 (Flood Risk, Sustainable Drainage Systems and Urban

Heat Island) of the BCCS recognises that to assist in both reducing the
extent and impact of flooding and also reducing potential urban heat
island effects, all developments should incorporate Sustainable
Drainage Systems, unless it would be impractical to do so, in order to
significantly reduce surface run-off and improve water quality. The type
of Sustainable Drainage Systems will be dependent on ground
conditions.

76.

Sustainable drainage systems have been incorporated into the scheme

to ensure no increased pressure from surface water runoff as a result
of the proposed scheme. Therefore no objection is raised subject to a
condition to ensure a Sustainable Drainage Systems is implemented,
managed and maintained.
Financial Material Considerations

77.

Clause (124) of the Localism Act states that: Local planning authorities
are to have regard to material considerations in dealing with
applications including any local finance considerations, so far as
material to the application. A local finance consideration may be taken
to cover the payment of New Homes Bonus, or sums that a relevant

authority has received, or will or could receive, in payment of the

Community Infrastructure Levy (CIL).
78.

The clause does not change the law in any way. It is not a new basis
for planning policy and it remains unlawful for planning permissions to
be bought.

79.

This proposal would provide 14 No. dwellings generating a New

Homes Bonus grant of 14 times the national average council tax for the
relevant bands.

80.

The proposal is also liable for CIL but the site falls within Zone 1 which
has a 0 rate thus no CIL charge is required
Other Matters

81.

Neighbouring residents have raised issues regarding the effect on

living conditions with particular reference to outlook, noise, odours, loss
of light and privacy. Having regard to the scale and siting of the
proposal relative to all neighbouring properties, being between one and
a half to two storeys in height, it is considered that the proposal would
not harm substantively the living conditions of any neighbour such that
the scheme should be refused. Furthermore, concerns regarding the
effect of the proposal on the devaluation of property, land stability and
drainage are noted. These issues have been addressed with the
exception of the devaluation of surrounding properties which is not a
material consideration in the determination of this application.
Concerning issues relating to access rights and antisocial behaviour in
the area, no evidence has been provided and therefore limited weight
is attached to these issues.

CONCLUSION
82. The proposed development provides an opportunity to deliver a number
of new residential properties on a sustainable site. The scheme applies
the principles of good urban design and would make a positive

contribution to the character and appearance of the area, with no

adverse impact on residential amenity. The layout would provide a legible
form of development that has addressed the movement of people and
vehicles through the development and that defines public and private
realms. The development is appropriate in scale to the existing
transportation infrastructure of the immediate area and makes adequate
and safe provision for access and egress by vehicles whilst adequate
parking provision would be provided. The scheme as proposed therefore
accords with the relevant Policy criteria.
RECOMMENDATION
83. It is recommended that this application be APPROVED subject to the
following conditions:
1.

The development hereby permitted shall be begun before the

expiration of three years from the date of this permission.

2.

The development hereby permitted shall be carried out in

accordance with the following plans: Location Plan, TRC/0012016,

TRC/002-2016 Rev A, TRC/003-2016, TRC/004-2016,

TRC/005-2016, TRC/006-2016, TRC/007-2016 Rev A and

Topographical Survey.
3.

Prior to the commencement of development, details of the types,

colours and textures of the materials to be used on the external
surfaces of the buildings hereby approved shall be submitted to
and approved in writing by the Local Planning Authority. The
development shall be carried out in complete accordance with
the approved details.

4.

No development shall commence until details for the provision of

14 no. external electric vehicle charging point(s) have been
submitted to and approved in writing by the Local Planning
Authority. The Electric Charging point(s) shall thereafter be
provided in accordance with the approved details prior to first

occupation of the development and be maintained for the life of

the development.
5.

The development hereby permitted shall not commence until

details of the materials to be used to the access / parking area /
pathways (including colour, finish and texture) and details for the
disposal of surface water drainage has been submitted to and
approved in writing by the Local Planning Authority. These
details should include the provision for ensuring no surface
water runs onto the public highway and is disposed of within the
curtilage of the application site.

6.

Prior to the commencement of development, details of the

landscaping scheme for the site shall be submitted to and
approved in writing by the Local Planning Authority. The agreed
scheme shall be implemented in accordance with the approved
details before the end of the first planting season following initial
occupation of the development.

7.

The landscaped areas shall be retained in the form shown on

the approved plan throughout the life of the development and
shall not be used for any other purpose, unless otherwise
agreed in writing by the Local Planning Authority.

8.

Development shall not begin until a scheme for protecting

residents in the proposed dwellings from noise from road traffic
has been submitted to and approved in writing by the Local
Planning Authority. All works which form part of the approved
scheme shall be completed before occupation of the permitted
dwellings, unless otherwise agreed in writing by the Local
Planning Authority. The protection measures in the agreed
scheme shall be maintained throughout the life of the
development.

9.

No part of the development hereby permitted shall be occupied

until details of the positions, design, materials and type of
boundary treatment or means of enclosure have been submitted
to and approved in writing by the Local Planning Authority. No

part of the development shall be occupied until these works have

been carried out in accordance with the approved details.
10.

The development hereby approved shall not commence until the

details of the access road and parking areas including crosssections, lines, widths, levels, gradients, drainage and lighting
have been submitted to and agreed in writing by the Local
Planning Authority, relevant legal agreements entered into and
the agreed details implemented and retained as agreed for the
life of the development.

11.

None of the development hereby approved shall be first

commenced until the location of a single disabled parking space
within the car park have been submitted to and approved in
writing by the Local Planning Authority. The disabled & widened
parking spaces shall be provided in accordance with the
approved details and shall be retained for the life of the
development. The development shall not be occupied until the
disabled & widened parking spaces have been provided in
accordance with the approved plans.

12.

None of the development hereby approved shall be first

commenced until the location of 17 cycle parking spaces within
the development have been submitted to and approved in writing
by the Local Planning Authority. The cycle parking spaces shall
be provided in accordance with the approved details and shall
be retained for the life of the development. The development
shall not be occupied until the cycle parking spaces have been
provided in accordance with the approved plans.

13.

Prior to the commencement of development, details relating to

Renewable Energy and Waste Management issues shall be
submitted to the Local Planning Authority and approved in
writing unless it is satisfactorily evidenced to be unviable and / or
inappropriate to do so.

14.

Prior to the commencement of development a scheme of

intrusive site investigations for approval shall be submitted to
and approved in writing by the Local Planning Authority. The

undertaking of that scheme of intrusive site investigations shall

thereafter be carried out in accordance with approved details,
Following

undertaking

of

that

scheme

of

intrusive

site

investigations a report of findings arising from the intrusive site

investigations and The submission of a scheme of remedial
works for approval; shall be submitted to and approved in writing
by the Local Planning Authority. The works remedial works shall
thereafter be carried out in accordance with the approved
details. a scheme of intrusive site investigation such has been
submitted to and approved by the Local Planning Authority.
15.

No development (excluding demolition and site clearance) shall

take place until a detailed design and associated management
and maintenance plan of surface water drainage for the site has
been submitted to and approved in writing by the Local Planning
Authority. The approved drainage system shall be implemented
in accordance with the approved detailed design prior to the use
of the building commencing. The Drainage scheme shall be
managed and maintained thereafter in accordance with the
agreed management and maintenance plan.

16.

No development shall begin until a detailed scheme to protect

the development from the effects of contamination has been
submitted to and approved by the Local Planning Authority.

17.

Unless otherwise agreed in writing with the LPA, the approved

scheme (required by CL01) shall be implemented and a
verification report submitted to and approved by the Local
Planning Authority, before the development (or relevant phase of
the development) is first occupied/brought into use.

18.

No development shall begin until a detailed scheme to protect

the development from the effects of ground gases or vapours
has been submitted to and approved by the Local Planning
Authority.

19.

Unless otherwise agreed in writing with the Local Planning

Authority, the approved scheme (required by CL03) shall be
implemented and a verification report submitted to and approved

by the Local Planning Authority, before the development (or

relevant phase of the development) is first occupied/brought into
use.