Version April 2010 1

LIST OF PLANNING APPLICATIONS AND OTHER PROPOSALS

SUBMITTED UNDER THE PLANNING ACTS TO BE DETERMINED BY

THE DIRECTOR OF PLANNING, TRANSPORTATION AND STRATEGIC

ENVIRONMENT

CIRCULATED SCHEDULE NO. 16/12

Date to Members: 20/04/12

Member’s Deadline: 26/04/12 (5pm)

The reports listed over the page form the ‘Circulated Schedule’ a procedure agreed by the Planning and Transportation Committee on 21 November 1996. The procedure is designed to increase the effectiveness and efficiency of the Development Control Service. Under the arrangement reports are circulated on a weekly basis. The reports assess the application, consider representations which have been received, and make a recommendation regarding the proposal. The procedure is designed to ensure that Members are aware of any concern expressed by interested parties in their ward and indicate a recommendation. Having considered the reports, those applications that Councillors feel should be referred to an appropriate Area Development Control Committee must be notified to the Development Control section by email within five working days of the publication of the schedule (by 5pm). If there has been no member request for referral within the time period, the decision notices will be issued in line with the recommendation in this schedule. Before referring an item to the Committee, Members may wish to speak to an officer about the issue, in order that any problems can perhaps be resolved without the need for referral to a Committee PLEASE NOTE: THE CIRCULATED SCHEDULE PROCESS IS ONLY OPEN TO THE ELECTED MEMBERS OF SOUTH GLOUCESTERSHIRE COUNCIL.

Version April 2010 2

NOTES FOR COUNCILLORS - FORMAL ARRANGEMENTS If any Member requires any of the proposals listed in the Schedule to be considered by the appropriate Development Control Committee, please let the Director of Planning, Transportation and Strategic Environment know within 5 working days of the date of this Schedule (e.g, if the schedule is published on a Friday, comments have to be received by the end of Thursday) (see cover page for the date).

To refer an application(s) members are asked to email MemberReferral@southglos.gov.uk providing details of Application reference and site location Indicate whether you have discussed the application(s) with the case officer and/or area planning

manager Indicate whether you have discussed the application(s) with ward member(s) if the site is outside of

your ward The reason(s) for the referral The following types of applications may be determined by this Circulated Schedule procedure:

All applications and related submissions not determined either by the Development Control Committees or under delegated powers including:

a) Any application submitted by or on behalf of the Council. b) Any application requiring either new or a modification to an existing planning agreement,

provided that the application is not required to be determined by Committee. c) Any footpath diversion required to implement an approved scheme. d) Applications, except those where approval is deemed to be granted upon the expiry of a defined

period, where a representation contrary to the Officers recommendation are received. e) Applications for Certificates of Appropriate Alternative Development where a representation

contrary to the Officer’s recommendation is received. f) Applications for Certificates of Lawful Use of Development

GUIDANCE FOR ‘REFERRING’ APPLICATIONS Members are entitled to refer any application for consideration by the relevant DC Committee or Sites Inspection Committee, before a decision has been made. However as call-ins will delay the decision on an application in the interests of improving the effectiveness and efficiency of the Development Control service, this option should only be exercised after careful consideration. Members are therefore asked to take account of the following advice:

Before referring an application always speak to the case officer or Area Planning Manager first to see if your concerns can be addressed without the application being referred.

If you are considering referring in an application outside the ward you represent, as a courtesy, speak to the ward member(s) to see what their views are, before referring the application.

Always make your referral request as soon as possible, once you have considered all the application details and advice of the case officer. Please do not leave it to the last minute

Always make your referral request by e-mail to MemberReferral@southglos.gov.uk, where referrals can be picked up quickly by the Development Management Technical Support Team. If in exceptional circumstances, you are unable to e-mail you request, please contact 01454 863519, well in advance of the deadline, to discuss alternative arrangements to ensure your response can be received.

When you refer an application, make clear what the planning reasons are for doing so. This will help the case officer and other members give attention to the specific issues you have raised.

It may also allow officers to seek to negotiate with the applicant to overcome the Member’s concerns and therefore removing the need for a Committee determination.

CIRCULATED SCHEDULE – 20 APRIL 2012 ITEM NO. APPLICATION NO RECOMMENDATION LOCATION WARD PARISH 1 PK12/0360/CLP Approve with 14 Rockland Road Downend Downend Downend And Conditions South Gloucestershire Bromley Heath Parish Council

2 PK12/0397/F Approve with Land South Of Broad Lane Broad Ladden Brook Iron Acton Parish Conditions Lane Yate South Council Gloucestershire BS37 7LB

3 PK12/0551/F Approve with 66 Church Farm Road Emersons Emersons Mangotsfield Conditions Green South Rural Parish Gloucestershire BS16 7BE Council

4 PK12/0782/F Approve with Jenny's Tack Shop Kingsfield Longwell Green Oldland Parish Conditions Lane Longwell Green Council South Gloucestershire BS30 6DL

5 PK12/0853/F Approve with 14 Oakdale Avenue Downend Downend Downend And Conditions South Gloucestershire Bromley Heath BS16 6DT Parish Council

6 PK12/0919/R3F Deemed Consent The Park Primary School Hollow Woodstock None Road Kingswood South Gloucestershire BS15 9HT

7 PT12/0633/F Approve with 21A Crantock Drive Almondsbury Almondsbury Almondsbury Conditions South Gloucestershire Parish Council BS32 4HF

8 PT12/0644/F Approve with Warren Farm Cloisters Road Winterbourne Winterbourne Conditions Winterbourne South Parish Council Gloucestershire BS36 1QS

9 PT12/0664/F Approve with 8 Dormer Close Coalpit Heath Westerleigh Westerleigh Conditions South Gloucestershire Parish Council BS36 2LX

10 PT12/0713/F Approve with 114 Down Road Winterbourne Winterbourne Winterbourne Conditions Down South Parish Council Gloucestershire BS36 1DG

OFFTEM

CIRCULATED SCHEDULE NO. 16/12 – 20 APRIL 2012

App No.: PK12/0360/CLP Applicant: Mr L Humphries Site: 14 Rockland Road Downend Bristol

South Gloucestershire BS16 2SP Date Reg: 13th February

2012 Proposal: Application for Certificate of Lawfulness

for the proposed change in roof line from hip to gable and construction of rear dormer.

Parish: Downend And Bromley Heath Parish Council

Map Ref: 364582 177147 Ward: Downend Application Category:

Minor Target Date:

3rd May 2012

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. PK12/0360/CLP

ITEM 1

OFFTEM

REASON FOR REPORTING TO CIRCULATED SCHEDULE This application appears on the Circulated Schedule in accordance with the standard procedure for the determination of such applications.

1. THE PROPOSAL

1.1 A Certificate of Lawfulness for a Proposed Development has been applied for

in relation to the installation of a hip to gable roof enlargement, the installation of a rear dormer window and the installation of 2no. front rooflights. The application property is a two storey semi detached dwelling and is located within the settlement boundary of Downend. It appears from Council records that the property’s Permitted Development Rights are intact.

1.2 This application is a formal way of establishing whether the proposal requires

planning permission. Accordingly there is no consideration of planning merit; the decision is based on the facts presented.

2. POLICY CONTEXT

2.1 Schedule 2, Part 1, Class B and Class C of the Town and Country Planning

(General Permitted Development) (Amendment) (No. 2) (England) Order 2008.

The submission is not a planning application thus the Development Plan is not of relevance to the determination of this application; the decision rests upon the evidence that has been submitted. If the evidence submitted demonstrates that the proposed use is lawful on the balance of probabilities, the Local Planning Authority must grant a Certificate confirming that the proposed development is lawful.

3. RELEVANT PLANNING HISTORY

3.1 It appears from Council records that the property’s Permitted Development

Rights are intact. There is no history in the Council’s records for this property. 4. CONSULTATION RESPONSES

4.1 Downend and Bromley Heath Parish Council No objection Other Representations 4.2 Local Residents

No response received.

5. ANALYSIS OF PROPOSAL 5.1 Principle of Development The purpose of this application for a Certificate of Lawful Development is to

establish whether or not the proposed development can be implemented lawfully without the need for Planning Consent. This is not a Planning Application but is an assessment of the relevant planning legislation, and as

OFFTEM

such the policies contained within the South Gloucestershire Local Plan (Adopted) January 2006 do not apply in this instance.

It stands to be ascertained whether the proposed development falls within the

limits set out in Part 1 of The Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2008.

The proposed development consists of a hip to gable roof enlargement, the installation of a rear dormer window and the installation of 2no. front rooflights. This development would fall under the criteria of Schedule 2, Part 1, Class B of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008) (The enlargement of a dwellinghouse consisting of an addition or alteration to its roof) and Schedule 2, Part 1 Class C (Any other alteration to the roof of a dwellinghouse).

5.2 Schedule 2, Part 1, Class B of Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 allows for the enlargement of a dwellinghouse consisting of an addition or alteration to its roof provided that it meets the following criteria

B1 Development is not permitted by Class B if—

(a) any part of the dwellinghouse would, as a result of the works, exceed the height of the highest part of the existing roof; No part of the proposed dormer or the alterations to the roof will exceed the height of the highest part of the existing roof. (b) any part of the dwellinghouse would, as a result of the works, extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway; The proposed dormer will be on the rear elevation which is not a principal elevation and does not front a highway. Additionally, the new pitched roof and the hip to gable roof enlargement will also not extend beyond the plane of any existing roof slope which forms the principal elevation of the dwellinghouse and fronts a highway. (c) the cubic content of the resulting roof space would exceed the cubic content of the original roof space by more than— (i) 40 cubic metres in the case of a terrace house, or (ii) 50 cubic metres in any other case; The dwelling is semi detached and the total cubic content of the proposed dormer and hip to gable enlargement is less than 32 cubic metres. (d) it would consist of or include— (i) the construction or provision of a veranda, balcony or raised platform, or (ii) the installation, alteration or replacement of a chimney, flue or soil and vent pipe; or

OFFTEM

The proposed development will not consist of any veranda, balcony, raised platform, or the installation, alteration or replacement of a chimney, flue or soil and vent pipe. (e) the dwellinghouse is on article 1(5) land.

The application site is not located on article 1(5) land.

B.2 Conditions

(a) The materials used in any exterior work shall be of a similar appearance to those used in the construction of the exterior of the existing dwellinghouse The new roof tiles will match those on the existing dwelling and all new render will match the existing. (b) Other than in the case of a hip-to-gable enlargement, the edge of the enlargement closest to the eaves of the original roof, so far as practicable, be not less than 20 centimetres from the eaves of the original roof. The edge of the rear dormer will be over 20 cm from the eaves of the original roof. (c) any window inserted on a wall or roof slope forming a side elevation of the dwellinghouse shall be—

(i) obscure-glazed, and

(ii) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

There is one new window to be inserted in the in a wall forming a side elevation of the dwellinghouse. It will be obscure glazed and non-opening.

5.3 Schedule 2, Part 1, Class C of the Town and Country Planning (General

Permitted Development) (Amendment) (No 2) (England) Order 2008 allows for any other alteration to the roof of the dwellinghouse, provided that it meets the following criteria

C.1 Development is not permitted by Class C if—

(a) the alteration would protrude more than 150 millimetres beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof; The rooflights would not protrude more than 150 millimetres beyond the plane of the slope of the original roof when measured from the perpendicular with the external surface of the original roof (b) it would result in the highest part of the alteration being higher than the highest part of the original roof;

OFFTEM

The proposed rooflights are not higher than the highest part of the original roof;

(c) it would consist of or include—

(i) the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or

(ii) the installation, alteration or replacement of solar photovoltaics or solar thermal equipment.

The development does not include the installation, alteration or replacement of a chimney, flue or soil and vent pipe, or the installation, alteration or replacement of solar photovoltaics or solar thermal equipment.

Conditions C.2 Development is permitted by Class C subject to the condition that any window located on a roof slope forming a side elevation of the dwellinghouse shall be—

(a) obscure-glazed; and

(b) non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed.

There is one new window inserted in a wall forming a side elevation of the dwellinghouse. It will be obscure glazed and non-opening.

5.4 Conclusion The proposed development complies with Schedule 2, Part 1 Class B and

Schedule 2, Part 1 Class C of the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2008 and is permitted development.

6. RECOMMENDATION

6.1 That a Certificate of Lawfulness for Proposed Development is granted. Contact Officer: Elizabeth Dowse Tel. No. 01454 862217

OFFTEM

CIRCULATED SCHEDULE NO. 16/12 – 20 APRIL 2012

App No.: PK12/0397/F Applicant: Newland Homes Ltd

Site: Land South Of Broad Lane Broad Lane Yate Bristol South Gloucestershire

Date Reg: 6th February 2012

Proposal: Erection of 14no. dwellings with access, landscaping and associated works

Parish: Iron Acton Parish Council

Map Ref: 370122 183601 Ward: Ladden Brook Application Category:

Major Target Date:

3rd May 2012

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. PK12/0397/F

ITEM 2

OFFTEM

REASON FOR REPORTING TO CIRCULATED SCHEDULE This application has been referred to the Circulated Schedule following the receipt of objections from a local resident and Avon Wildlife Trust; the concerns raised being contrary to the officer recommendation. The proposal also involves the creation of a new S106 Agreement.

1. THE PROPOSAL

1.1 The application relates to a 0.366ha linear plot of land, located between Yate

and Engine Common. The site is enclosed by Goose Green Way to the South and Broad Lane to the north and was formerly part of a Market Garden and subsequently a Garden Centre. The western part of the former Garden Centre has already been developed for a large Public House and associated Car Park. The application site is flat and currently vacant and overgrown. A belt of trees and a hedgerow lie on the Broad Lane frontage, whilst a partly vegetated embankment rises to Goose Green Way to the south; thick natural vegetation lies to the east. The site is currently accessed from Broad Lane via a single access point.

1.2 It is proposed to erect 14no. (2, 3 and 4 bedroom) houses in a detached and semi-detached arrangement at a density of 38 dwellings per hectare. New vehicular access points would be provided from Broad Lane, together with a new footway to the Broad Lane frontage; improvements to the junction of Broad Lane and North Road would also be carried out.

2. POLICY CONTEXT

2.1 National Guidance The National Planning Policy Framework (NPPF) March 2012

2.2 Development Plans The Joint Replacement Structure Plan (Adopted) Sept 2002. Policy 1 - Sustainable Development Objectives Policy 2 - Location of Development Policy 54 - Car Parking Provision (non-residential) The South Gloucestershire Core Strategy incorporating Post-Submission Changes Dec 2011 CS1 - High Quality Design CS5 - Location of Development CS6 - Infrastructure and Developer Contributions CS11 - Distribution of Economic Development Land CS12 - Safeguarded Areas for Economic Development South Gloucestershire Local Plan (Adopted) January 2006 D1 - Design L1 - Landscape Protection and Enhancement L5 - Open Areas within the Existing Urban Areas and Defined Settlement Boundaries L9 - Species Protection

OFFTEM

L11 - Archaeology L17 & L18 - The Water Environment EP1 - Environmental Pollution EP2 - Flood Risk and Development EP4 - Noise Sensitive Development EP6 - Contaminated Land EP7 - Unstable Land T7 - Cycle Parking T8 - Parking Standards T12 - Transportation Development Control Policy for New Development LC12 - Recreational Routes H2 - Proposals for Residential Development within the Existing Urban Area H6 - Affordable Housing LC1 - Provision for Built Sports, Leisure and Community Facilities (Site Allocations and Developer Contributions) LC2 - Provision for Education Facilities (Site Allocations and Developer Contributions) LC8 - Open Space and Children’s Play in conjunction with new residential development

2.3 Supplementary Planning Guidance The South Gloucestershire Design Check List SPD (Adopted) August 2007. South Gloucestershire Landscape Character Assessment – Character Area 8, Yate Vale. Trees on Development Sites SPG Adopted Nov 2005.

3. RELEVANT PLANNING HISTORY 3.1 N2566/3 Erection of house, 3 greenhouses and establishment of market

garden. Approved 1981. 3.2 P84/1456 Change of use of market garden to garden centre, erection of

2 greenhouses, construction of new access, footpath and road widening works. Approved 1984.

3.3 P88/3367/AD Certificate of Appropriate Alternative Development application

for the use of the land for residential and commercial purposes. Approved 1989.

3.4 P96/2835 Erection of A3 restaurant, pub, and associated manager’s flat, car

park, landscaping, access. (Outline) Approved subject to a Section 106 Agreement regarding highway improvements, never completed.

3.5 P98/2884 Erection of food pub with associated managers living

accommodation and car parking, approved subject to a Section 106 Agreement regarding: (i) Financial contribution towards traffic calming in the vicinity

of the Broad Lane / North Rd junction, and (ii) Safeguarding north-west corner of the site for further

highway improvements.

OFFTEM

Planning permission has now been issued and the scheme completed.

3.6 PK02/2636/F - Erection of 4 office units. Construction of new road junction

(Broad Lane/North Road) and associated works. Refused on policy and transportation grounds.

Appeal APP/P0119/A/03/1136182 Dismissed 18 Nov 2004. 3.7 PK04/1077/F - Erection of Nursing Home with associated car parking and

landscaping. Refused 9 July 2004.

3.8 PK09/0891/F - Erection of 2no. two-storey office blocks for B1a Office Use as

defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) with access parking and associated works.

Withdrawn 6 Aug 2009.

3.9 PK10/001/SCR - Screening Opinion for PK10/0006/F) EA Not Required 5 Jan 2010

3.10 PK10/0006/F - Erection of 2no two-storey office blocks for B1a Office Use as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) with access parking and associated works. (Resubmission of PK09/0891/F).

Approved S106 signed 23rd March 2011

4. CONSULTATION RESPONSES 4.1 Iron Acton Parish Council

The Parish Council supports this application. However the Parish Council would ask that consideration be given to applying ‘no waiting’ restrictions on both sides of the road in front of the development.

4.2 Other Consultees (including internal consultees of the Council) Wessex Water The North Road Pumping Station can accommodate additional flow for 28 dwellings. Permission will be required from Wessex Water to connect to the Foul sewers. Separate systems of drainage will be required to serve the development. No surface water connections will be permitted to the foul sewer system. The Environment Agency

No comment Avon Wildlife Trust

Objection in principle due to the potential loss of bio-diversity on the site and lack of slow worm mitigation plan at present. More needs to be done to ensure that there is not a net adverse impact on the ecological value of the site.

OFFTEM

The Trust commends the use of an updated survey to ensure all information obtained about the site is fully up to date. We also support the recommendations laid out in both reports and would like to highlight a few of the points made. The use of native species in planting and design of the site to ensure that the impacts to the Broad Lane hedgerow with a locally high nature conservation value are minimal. Planting along the southern border of the site should also provide potential habitat for species using the hedgerow. At present, however, the application does not fully consider the species that are present on site, such as the need for a corridor for badgers, and possibly hedgehogs, through the gardens as recommended in the updated survey. The complete development on the eastern part of the site means that the grassland with a higher ecological value than the rest of the site, which provides an important habitat for invertebrates means that there is likely to be an adverse impact on biodiversity. Whilst the presence of gardens may mitigate for this, the highly managed nature of gardens make the habitat unsuitable for some of these species. Other ways that are suggested in the ecological report can provide a simple way of mitigating and potentially enhancing the ecology of the site. For example bird and bat boxes may encourage use of the area by these species and if the correct designs used, the population of house sparrows, a UK Biodiversity Action Plan (BAP) species, can be protected and enhanced. Urban Design Site & Context The locality is characterised by Goose Green Way and trading estate to the south and linear settlement of Engine Common extending along North Road to the northwest. To the west is also a public house with prominent stone dwelling with yellow brick detailing (characteristic of the area) on the junction. Just to the north east of the site is the Council depot.

Engine Common itself is characterised by range of dwellings types and styles of varying plot size and set back from the highway. Overall though, it has a rural feel dominated by mature landscaping.

The site is broadly rectangular in nature stretching east-west along the south side of Broad Lane. The frontage is characterised by a hedgerow and a number of oak trees of various quality and size. The southern boundary is a vegetated embankment sloping up approximately 2-3m to Goose Green Way.

Layout & landscape The layout generally consists of a row of semi and detached dwellings set back behind the existing hedge with access drives and parking to the front. At the eastern end is a large car port for 8 vehicles serving plots 11-14. Given the nature of the site and locality this approach is logical and I have no principle objection. I would however make the following comments:

OFFTEM

The retention of the hedge along the Broad Lane frontage is welcome. The

access to plots 7 & 8 could however be combined with that to 9 & 10 so minimising the breaks in and loss of existing hedge. Garages to plots 7-10 may have to be set back slightly to ensure adequate space for parking vehicles to the front of garages and circulation.

Plots 11 & 12 are somewhat remote from their parking and surveillance is inadequate across the large car port at the eastern end of the site. Serving plot 11 off the driveway to plots 9&10 should be investigated and plot 14 should be handed so providing surveillance from main habitable windows across the car port area as opposed to a stairwell and bathroom. It may also be helpful to consider widening the driveway into this court so a drop off point can be provided adjacent to footpath to the front of plot 14 and still allow vehicles to pull in / out of the court. Such measures will reduce pressure to park on Broad Lane itself which is not well surveilled from other landuses at this point.

I note the high level of parking provision (230% including garages). I have no in principle objection to this level given the edge of settlement nature of the site. It will also reduce parking pressure on Broad Lane. However, garage sizes appear minimal, with those associated with plots 7-10 measuring an internal floorspace of approx 2.55 x 5.1m. This allows little space for storage of bicycles etc as-well as a vehicle. There would seem ample scope to increase the size of garages so improving the prospect of vehicles being parked in them. There does not appear to be any information with regard the garage blocks to plots 1-6 and the car port serving 11-14. The car port as opposed to garages is welcome. PD rights should however be restricted to prevent doors and walls being retro-fitted.

There is little information with regard bin storage. However, the detached and set back nature of the plots provides ample opportunity for the storage of bins in a way that does not detrimentally affect the street scene to any great extent.

Soft landscape plans should promote biodiversity and local food cultivation (see policy CS1-6). I concede to my landscape colleagues in this respect. However, I note the intention to strengthen planting along the southern boundary. There may well be opportunities to include fruit trees in this mix to meet such objectives if not done so already.

Appearance SGLP Policy D1(A) and Core Strategy policy CS1(1) require proposals o demonstrate that …form …detailing, colour and materials are informed by, respect and enhance the character, distinctiveness …of the site and locality. The applicant has chosen to pursue ‘traditional’ forms of dwellings. As such, it is appropriate that ‘traditional’ architectural appearance is well informed and executed. To this effect there are instances of dwellings in the locality and Yate more widely that are characterised by pennant stone, or very occasional smooth red brick buildings both with distinctive, predominantly yellow brick detailing to windows and doorways, sash type windows with a vertical

OFFTEM

emphasis, decorative barge boards and prominent chimneys. Otherwise other historic dwellings are rendered or stone and simply detailed. The applicant has noted some of these features in the D&A statement and consequently included appropriate window detailing, quoins and prominent chimneys on a number of plots. Dwellings are also proposed in recon stone and render. All this is welcome. There however, is no detailed information with regard materials. A materials schedule and specification is required. It should be noted that, local stone is predominantly grey in colouration. Yellow Cotswold type products should not therefore be used. Materials samples should also be submitted.

Scale The scheme proposes 2 and 2.5 storey dwellings. Given there are similar scaled dwellings nearby I therefore have no objection. Ridge heights are fairly uniform across the scheme. I as such, I would encourage the eaves and ridge to plot 6 to be raised to provide a little variation and provide a focal dwelling to the end of Engine Common Lane.

Access The site is flat so it is not envisaged that any problems will be encountered meeting Part M (with regard disabled access) of the building regulations.

See comments above re: layout

Sustainability Criteria 12 of Core Strategy Policy CS30 – Yate & Chipping Sodbury, requires development to provide opportunities for modern working practices …to enable people to work from home. This need not be onerous if imaginatively considered. Measures could include ensuring broad band is available, flexible internal layouts (eco-joists), additional sockets, larger windows to improve daylight levels into studies (third / fourth bedrooms), enlarged parking bays for vans and garages/out buildings specifically for storage / capable of adaptation.

Policy D1 (G) and CS1 (8) require developers to consider energy conservation and the protection of natural resources. The orientation of the site lends itself well to passive energy conservation measures. All dwellings have south facing elevations and most have south facing roof pitches to allow for the fixing of solar technology in the future. Some dwellings have large double doors between lounge areas and kitchen diners to allow for percolation of daylight and warmth from the rear to front of the property. Others however do not. There may thus be scope to amend internal layouts and/or raise ceiling heights to improve the penetration of daylight from these south facing rooms and so improve sustainability and enhance health and wellbeing objectives.

With regard the sustainability measures noted in the D&A statement, these are welcome but, generally a simple statement on how additional measures beyond 2010 building regulations, such as enhanced levels of insulation etc contribute in terms of an additional % reduction in CO2 emissions would be preferred, to demonstrate compliance with the policy. Alternatively, agreement to sign up to Code for Sustainable Homes Level 3 or above would be welcome as a means of demonstrating compliance with policy.

OFFTEM

Conclusion Objection. The scheme is generally acceptable subject to amendments in accordance with comments set out above. Environmental Protection No objection Provided that there is a condition specifying that the design and build of the properties including all acoustic building and boundary treatments, locations etc are to a design standard as specified or higher than that detailed in the “Faēade Sound Insulation Assessment ” Acoustic report M1102/R03 12th March 2012 provided in support of the application. Ecology

Analysis

The application includes a report on an ecological survey dated April 2009 by Wessex Ecological Consultancy, as well as an ‘ecological survey update’ by the Badger Consultancy dated 18th January 2012.

Semi-natural Habitat

The April 2009 survey identified that the grassland was only moderately diverse, although it did contain several species associated with nutrient-poor neutral grassland, of which there are remnants across Engine Common. The report notes that the most diverse sward is located on the eastern site boundary.

The survey identified that hedge 3 along Broad Lane met the criteria for ‘importance’ under the Hedgerow Regulations 1997 although it qualified this by stating that the provisions of the Regulations did not apply as the hedgerow did not border agricultural land. Notwithstanding this, the hedge also qualifies as species-rich, albeit one that is straggly and which has lacked suitable management.

Species-rich hedges are a type of habitat listed on both the UK and South Gloucestershire Biodiversity Action Plans (BAP) and protected under Policy L9 of the South Gloucestershire Local Plan (‘the Plan’). They are also listed by the Government as a habitat ‘of principal importance for biological diversity’ under Section 41 of the Natural Environment & Rural Communities Act 2006. The site layout indicates that the scheme will create 5 new access points to the properties, resulting in 5 ‘breakages’ to the hedge, a loss of both continuity and habitat, and also involve further damage by establishing areas of hardstanding within the root zone to the hedge.

The application proposes a scheme of planting with mixed native shrub species to off-set impacts to the hedge.

The survey also suggests retaining and incorporating areas of grassland into the scheme, particularly the more diverse sward on the eastern boundary.

OFFTEM

Fauna

Slowworms A small colony of slowworms (peak count 5) was recorded on site.

Slowworms are protected against intentional killing or injury under the Wildlife and Countryside Act, 1981 (as amended). It is also included on the South Gloucestershire BAP as a species which the Council will require measures to be taken to safeguard and enhance populations.

Whilst the 2009 survey and update of January 2012 both indicate the need for a translocation exercise, neither identified a putative receptor site. Whilst an email from the applicant dated 27th February 2012 to the Avon Wildlife Trust suggested woodland to the east of the site, this is likely to be unsuitable and any mitigation strategy therefore needs to identify a suitable receptor site.

Breeding Birds

A variety of common birds were noted during the April 2009 survey.

One species – house sparrow – is listed on the UK BAP and, although nesting around properties to the north, was recorded feeding in the hedge alongside Broad Lane although much of this hedge is to be retained.

Bats

The 2012 ecological update identified that a number of mature oak trees were present in the hedgerow alongside Broad Lane. Some of these trees displayed features (ivy) of potential for roosting bats and the update therefore recommended that these were inspected for use.

Bats are protected under the Wildlife & Countryside Act 1981 (as amended) and Countryside & Rights of Way Act 2000, as well as by European Directive 92/43/EEC on the Conservation of Natural Habitats and Wild Fauna and Flora (‘the Habitats Directive 1992’), which is transposed into British law by the Conservation (Natural Habitats & c) Regulations 2010 (‘the Habitat Regulations’).

As a European Protected Species (EPS), a licence under Regulation 53/56 of the Habitat Regulations is required for development affecting bats or their roosts to be lawful.

A recent judicial review (2009, Woolley v East Cheshire BC) directed that, to fully engage with the Habitats Directive/Habitat Regulations, planning applications should be subject to the same ‘tests’ under Article 16/Regulation 53/56 as European Protected Species licences. Satisfying these ‘tests’ necessitates providing the detail of a mitigation strategy prior to determining the application.

OFFTEM

Notwithstanding this, the application is supported by a full arboricultural survey and tree protection plan. It would also appear that the layout has been designed to accommodate the existing trees within the development, with protective fencing used to prevent damage to root zones (see Council Tree Officer’s comments dated 27th February 2012).

Hedgehog

No signs of use by hedgehog were noted during either the survey or update. However, as the 2009 survey noted, the site contained suitable habitat and it recommended a destructive search of these areas prior to development commencing.

Badgers

No badger setts were recorded although the 2012 update noted a track traversing the application site and recommends that a corridor is retained through the development.

Conclusions

The scheme as presently designed will result in a loss of part of a species-rich hedgerow, a habitat listed on both the UK and South Gloucestershire BAPs, contrary to policy L9 of the Local Plan.

If the value of the development is considered to outweigh the impacts upon the hedge, a management plan to maximise the remaining length for biodiversity will be required under Condition to off-set this loss, along with the landscape planting being proposed for the scheme (mixed native shrub species).

Further Conditions will also be required regarding slowworms and hedgehog.

Recommendations

Should the application be approved, the following Conditions should be attached to planning permission:-

1. That a Condition be attached to planning permission requiring that prior to

development commencing, an ecological and landscape management plan be drawn up and agreed with the Council in writing, to include details of a management prescription of the existing species-rich hedge and details of all new habitat (species-rich grassland/shrub/hedge planting) to be created on site. All works are to be carried out in accordance with said statement (L9);

2. That a Condition be attached to planning permission requiring that prior to

development commencing, a slowworm/hedgehog mitigation strategy be drawn up and agreed with the Council in writing, to include details of any new receptor site. All works are to be carried out in accordance with said strategy (L9);

OFFTEM

3. That the following Informative Note is attached to consent (if granted):-

If nesting/breeding birds are present, to avoid any potential offences under the Wildlife & Countryside Act 1981 (as amended) or CROW Act 2000 (L9), development (including demolition of structure(s) or clearance of vegetation) should only take place outside the nesting season (generally speaking, this is between March and August inclusively, although it will vary according to seasonal temperatures). Tree Officer The application is supported by a full arboricultural survey and tree protection plan in accordance with BS5837 2005.

It would appear, from the proposed site layout, that the development has been planned to accommodate the existing trees and the recommendations regarding trees Root Protection Area has also been taken into account.

From the proposed layout there appears to be no encroachment into the Root Protection Area of any of the trees intended for retention and the protective fencing recommended within the arboricultural survey should be adequate to protect the trees and ensure there is no impact on there health or longevity from the proposed development

There are no objections to this application. I would however request a condition stating.

Protective fencing should be erected, as recommended within the arboricultural survey, prior to the commencement of any works on the site and maintained in place for the duration of the development.

Landscape The site lies between Goose Green Way and Broad Lane and is currently disused, with site boundaries defined by unmanaged native hedgerows. The site contains areas of hard standing and scrub. There are a number of mature Oak trees within the hedgerow along the northern boundary, which have individual TPO’s due to their quality. These trees and the majority of the boundary vegetation is being retained within the proposed layout.

The key landscape considerations of the development include; Views of the development from the neighbouring properties Retention of existing hedgerows and trees within the layout Proposed landscaping to enhance the scheme

The site lies within the defined settlement boundary and has no landscape designation. The existing site contains scrub vegetation but no mature trees, all the important vegetation lies along the boundaries, notably the northern boundary on to Broad Lane. The existing hedgerow is highlighted within the ecology report as being an important historical linear corridor. The proposed development incorporates the hedgerow, albeit punched through to provide driveway access to the new properties, and supplements the existing vegetation with new planting to strengthen this boundary. We will need to

OFFTEM

approve a hedgerow management plan as a condition of planning to ensure appropriate long-term management of this native hedgerow; the hedgerow should be laid to provide a dense boundary and to accord with standard hedgerow management.

The TPO trees are retained within the layout and development does not impinge on the RPA of the trees, however I defer to our tree officer’s opinion regarding these trees and the impact of development.

The layout itself is a formal row of 14 houses with a garage block on the narrowest part of the site. The retention of the existing hedgerow and TPO trees along the frontage should help to mitigate immediate views from Broad Lane and the screen planting proposed along the Goose Green Way boundary should mitigate wider views and also help screen road noise.

The proposed development is acceptable with regard to policies L1 and D1 of the Adopted Local Plan. A detailed planting plan providing details of size, type and specification of all proposed planting together with a hedgerow management plan, should be submitted as a condition of planning.

New Communities

Using current average occupancy data and the proposed number and mix of dwellings, officers estimate that this development of 14 dwellings would generate a population increase of 34.30 people. The following contributions should therefore be secured by S106 Agreement:

Off-Site POS provision/enhancement £42,395.86 Off-site POS maintenance £29,358.24 Library Contributions £3,680.73

Housing Enabling

The development and site size fall below the threshold for an affordable housing contribution.

Sustainable Transport There are no highway objections to this proposal subject to the applicant first entering into a S106 legal agreement with the Council to secure the following;

1) Prior to commencement of any development on site, provide visibility

splays of as shown on the plan (drawing no. 637-07 Rev B) at Broad Lane junction with North Road together with all associated works. The land within this vision splays shall be surfaced to the Council’s satisfaction and the said land shall be dedicated for highway purposes.

2) Prior to occupation of any dwelling on site, provide the new footway along

the south side of Broad Lane (in accordance with the details of drawing no. 637-07 Rev B) and link it to the existing footway networks on the East and

OFFTEM

West of the application site together with all associated works.

3) Provide financial contribution of £4,000 towards improvement to public transport facility in the area.

Other planning conditions

i) Prior to occupation of any dwelling on site, provide off-street parking

and turning as shown on the submitted and approved plans and subsequently maintain these satisfactorily thereafter.

Other Representations

4.3 Local Residents

1no. letter of objection was received from a local resident; the concerns raised are summarised as follows: The site is unsuitable for residential housing being located near to and

below a busy road. Residents would be subjected to continuous noise and loss of privacy.

5. ANALYSIS OF PROPOSAL

5.1 Principle of Development Officers have noted the previous refusals of planning permission relating to this

site (see paras. 3.6 and 3.7 above), however in this case there are three fundamental differences: 1. The Adoption of the South Gloucestershire Local Plan in January 2006

which re-designated the land as being within the Urban Area as opposed to open countryside.

2. The applicant has acquired land that would facilitate improvements to the junction of Broad Lane with North Road.

3. Planning permission PK10/0006/F was granted for 2no. two-storey office blocks on a larger portion of the land.

5.2 In designating the site within the Urban Area, the Inspector for the Local Plan

Inquiry noted that whilst the site was previously developed land, it did provide a visual and physical gap between the more urban edge of Yate along Goose Green Way to the south, and the rural area of Engine Common to the north. The Inspector however concluded in his report (paras. 96.4 and 96.5) that: ‘Provided that a development respected the buffer role of the site, between Yate and Engine Common, and retained a high proportion of the site’s existing vegetation, then I see no reason why some development should not be encouraged by the inclusion of the site within the settlement boundary.’ ‘In my view the plan’s policies give a clear framework to consider the impact of any development of this site. These provide the policy context for the Council to make a judgement about the acceptability of a particular scale of development bearing in mind landscape, access and any other relevant issues. In my view this is a matter that can best be dealt with through the development control

OFFTEM

process, rather than through the retention of a narrow wedge of land, which is surrounded by development, outside the settlement boundaries.’

5.3 The application site is situated within the Urban area. Policy H2 allows for residential development within existing urban areas, subject to certain criteria, including environmental and transportation effects, effects on residential amenity, the maximum density is achieved for the site’s location, and provision for education, leisure, recreation and other community facilities is adequate to meet the needs arising from the proposals.

5.4 The acceptance in principle of the development of a larger area of the land

(0.65ha compared to 0.366ha) with access from Broad Lane was previously established with the grant of PK10/0006/F. The permission for the office development has to date not been implemented but the permission is still extant. The current proposal for housing is therefore an alternative option for the development of this site.

5.5 Density

Policy H2 requires that for residential development within the urban area, the maximum density compatible with the site’s location, its accessibility and its surroundings is achieved.

5.6 Given the need to retain the site’s character; retain and supplement existing

vegetation; provide adequate access and provide a sufficient level of parking; it is not envisaged that a higher density of development could realistically be achieved on this particular site.

5.7 Design

Policy D1 and H2 of the South Gloucestershire Local Plan (Adopted January 2006) supported by the South Gloucestershire Design Checklist (Adopted August 2007) are relevant in considering the design merits of the scheme. Policy D1 makes it clear that development will only be permitted where the scheme can demonstrate the proposal will enhance the character, distinctiveness and amenity of the site and the locality. The criteria listed in Policy D1 are carried over to Policy CS1 of The South Gloucestershire Core Strategy incorporating Post-Submission Changes Dec 2011.

5.8 The recently published National Planning Policy Framework sets out the

government’s key objectives for the planning system. Under the heading ‘Design’ para.56 reads as follows:

‘The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development, is indivisible from good planning and should contribute positively to making places better for people.

5.9 Amended plans and Design & Access Statement have been submitted which

now adequately address the concerns originally raised by the Urban Design officer.

OFFTEM

5.10 In terms of scale the buildings are significantly smaller than the office blocks previously approved on this site and the overall amount of development is also significantly less. In keeping with the pattern of traditional homes in the vicinity, the proposed dwellings would be predominantly simple 2 storey eaves fronted.

5.11 Prior submission and approval of the materials to be used would be secured by

condition but would be generally tile or slate roofs with reconstructed stone or render for the walls with brick detailing/quoins to corners and openings. Timber posted and clad car ports would contribute to the semi-rural feel of the location. A limited inclusion of dormer windows would help to maximise the usability of the internal space as is visible locally.

5.12 A number of sustainable features would be incorporated within the design and a

sustainability statement is including with the application. Many of the features such as the thermal performance of the fabric elements, heating and hot water controls will create a thermal performance, which conforms with the energy requirements of Code for Sustainable Homes Level 3. Through the use of highly efficient boilers, improved insulation and air tightness a 7-8.5% further reduction on CO2 emissions over the 2010 building regulations is expected to be achieved.

5.13 In summary the design of the proposed development is considered acceptable

and fully in accord with the aims and objectives of Policy D1 of the South Gloucestershire Local Plan Adopted January 2006, Policy CS1 of The South Gloucestershire Core Strategy incorporating Post-Submission Changes Dec 2011 and the South Gloucestershire Design Checklist

5.14 Residential Amenity

Policy H2 of the South Gloucestershire Local Plan (Adopted January 2006) considers the impact of development upon the residential amenity of adjoining occupiers. Amenity is assessed in terms of the physical impact of the development i.e. whether the built form would appear oppressive or overbearing and also the impact in terms of any loss of privacy from overlooking.

5.15 It is not considered, given the scale of the proposed buildings comprising two-

storey dwellings, the distance to the nearest residential properties and also given the proposed boundary landscaping and existing landscaping/boundary treatment retained, that there will be any significant detriment to the amenity of neighbouring occupiers by reason of loss of privacy or through the scheme appearing oppressive or overbearing. Concerns have been raised by a local resident about loss of privacy due to overlooking from the elevated footpath on Goose Green Way but officers are satisfied that given the proposed screen planting on this boundary and the distance of the properties from the footpath that any loss of privacy would be minimal.

5.16 In terms of the relationship between the buildings themselves it is considered

that privacy is maintained. Each dwelling is provided with its own private amenity space.

OFFTEM

5.17 A condition is recommended to restrict the hours of working during the construction of the development to protect the amenity of neighbouring occupiers. Concern was also raised about the impact of traffic noise on Goose Green Way on future occupiers of the houses; this matter is discussed in the Environmental section below.

It is considered that on balance the scheme ensures the protection of the amenity of existing neighbouring occupiers and the amenity of future occupiers of the site in accord with Policy H2 of the South Gloucestershire Local Plan Adopted January 2006.

5.18 Landscaping, Trees and Impact Upon the Character of the Location

At the Local Plan Enquiry the Inspector acknowledged that the site helps to provide a visual and physical gap between the edge of Yate and its main road, Goose Green Way, and the more rural Engine Common area to the north; i.e. two areas of quite distinct and different character. The Inspector noted that the thick hedge on the northern edge and some vegetation on the southern boundary of the site, helps to form a break between the town and the more rural development to the north. It was also noted however that Broad Lane also gives access to a Safeguarded Employment Area to the north-east of the site and in effect, the site is surrounded by built development. Furthermore the site is previously developed land and whilst this does not necessarily mean that the whole site should be re-developed, national guidance stresses the priority to be given to such land.

5.19 In designating the site within the Urban Area, the Inspector considered that

(para.96.4):

‘Provided that a development respected the buffer role of the site, between Yate and Engine Common, and retained a high proportion of the site’s existing vegetation, then I see no reason why some development should not be encouraged by the inclusion of the site within the settlement boundary.’

The Inspector was satisfied that the Local Plan policies would give a clear

framework to consider the impact of any development on the site. 5.20 Since the site now lies within the Urban Area, policy L5 can now be applied in

assessing the impact that the scheme would make on the character of the open area. In applying this policy, officers consider that the layout of the development now proposed does acknowledge that the site forms a visual break between Yate and Engine Common.

5.21 Apart from the access points, the existing hedgerow to the site frontage would

be retained; the best of the mature trees to the Broad Lane frontage would also be retained and protected during the development phase. The proposed planting is also considered to be acceptable in principle but a condition will be required to secure the detailed planting information and a hedgerow management plan.

5.22 In comparison with the previously consented office development, the much

smaller site area and smaller scale of the buildings and amount of hard-

OFFTEM

standing now proposed, is considered to better retain the character of the site and as such is preferable in landscape terms.

5.23 The proposal would entail the removal of a short section of Conifer Hedge on

the North Road frontage of 1 Broad Lane, to allow the sightline onto North Road; there is no objection to the loss of this hedgerow. There would be insufficient space to allow replanting of a replacement hedge, so it is proposed to erect a 1.8m close-boarded fence instead. It is noted that these works are already in an advanced state of completion.

5.24 Subject to the development being undertaken in full accordance with the

recommendations contained within the arboricultural reports, the proposed development would have minimal impact on the retained trees. On balance therefore the proposal accords with Policies L1, L5 and D1 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

5.25 Transportation Issues

There is a long planning history to this site and it includes a recent planning permission (granted under planning application no. PK10/0006/F) for 2no. office buildings on the site. With the current proposal, the applicant is seeking to redevelop part of the original site for residential purposes.

5.26 Traffic associated with the proposed residential use (i.e. 14no. residential

dwelling) would be significantly less than the traffic generation and attraction from the extant planning permission for employment use.

5.27 The Members are advised that the planning approval to the earlier business use

on the site was granted conditional to improvement of visibility splays at the junction of Broad Lane with North Road. Some of the works associated with this have already been carried out but the works need completing. Therefore, any approval to this current application would necessitate completion of the works associated with visibility improvements at the said junction. This would be secured through the S106 Agreement should permission be granted.

5.28 Associated with the current [residential] proposal, it is appropriate to provide a

footway at this location. In this respect, the applicant is proposing a new footway to the South side of Broad Lane to link the existing footway East and West of the application site. Provision of this new footway would be secured under S106 legal agreement. It is intended to maintain as much of the existing hedgerow as possible but clearly some of the existing hedge would be affected because of the new vehicular accesses.

5.29 All new dwellings would be provided with a minimum of two off-street parking

spaces and this is in compliance with the Council’s parking standards. Officers are also satisfied that there is adequate turning space on the site to ensure that vehicles can enter and exit the access in forward gear and in safety. Given the amount of parking provision, officers do not envisage any overspill parking on Broad Lane, even for visitors.

5.30 Associated with the previously approved office development on the site, the

developer was under obligation to provide a financial contribution towards

OFFTEM

improvements to the public transport facility in the area. This requirement is still valid for the current development. The proposal therefore accords with Policies T8 and T12 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

5.31 Ecology Policy L9 of the South Gloucestershire Local Plan (Adopted) January 2006 considers the impact of development upon protected species. Development that would directly or indirectly have an adverse impact on nationally or internationally protected species of flora or fauna will not be permitted unless any damaging effects are capable of being avoided, overcome or offset by mitigation measures.

5.32 The site is not covered by any statutory or non-statutory nature conservation

designations. The site has been surveyed and an Ecological Report submitted. There were no Badger Setts on site but slowworms were present. A mitigation strategy would need to be drawn up and agreed with the Council prior to the commencement of any development on the site, this could be secured by condition. Hand searching for hedgehogs would also need to be carried out. Nesting sites for sparrows could be incorporated within the roof structures.

5.33 The current proposal would result in 5 new access points through the hedgerow

on Broad Lane compared to the two previously approved under PK10/0006/F. Some concerns have been raised about the associated loss of habitat, however this is a much smaller scheme than that previously approved, with far less area of hard-standing. In mitigation for the loss of some areas of hedgerow to the Broad Lane frontage a significant belt of compensatory planting would be introduced along the southern boundary. Details have been submitted by the applicant, which demonstrate that it is feasible to incorporate a suitable unmanaged corridor along the southern boundary. Officers are now satisfied that the concerns raised by Avon Wildlife Trust can be adequately addressed by condition. Any loss of bio-diversity or habitat that may occur, is considered to be outweighed in this instance by the acknowledged need to provide housing in sustainable locations within South Gloucestershire and the mitigation measures proposed. Subject therefore to conditions to secure the aforementioned matters; there are no objections on ecological grounds.

5.34 Archaeology An archaeological evaluation of the site has been carried out which concluded

that the probability of archaeological structures or deposits being present was low but sufficient to impose a watching brief condition.

5.35 Drainage A mining report has been submitted to the satisfaction of the Council’s

Drainage Engineer. An appropriate condition could secure the prior submission and approval of a drainage scheme to include SUDS. Subject to this condition there are no drainage objections.

5.36 Environmental Issues

Based on the acoustic report provided with the application reference M1102/R02 parts of the site fall within PPG24 NEC category C which indicates planning permission should not normally be granted. Where it is considered

OFFTEM

that permission should be given, for example there are no alternative quieter sites available, conditions should be imposed to ensure a commensurate level of protection against noise.

5.37 The report states that by locating the dwellings so the closest faēade is 25m

from Goose Green Way Kerb the site would fall into NEC B/C boarder although much of the garden area would still be in NEC C.

5.38 If for planning reasons the development is given permission, to ensure an

adequate level of protection against noise, the applicant should be required to provide full details on how they can aim to achieve the following noise levels relating to noise levels from Goose Green Way;

External levels for key outdoor leisure areas;

Night time (23:00 to 07:00)

OFFTEM

Local Plan (Adopted) 6th Jan 2006 which is 15 units or 0.5ha. On that basis there is no requirement for affordable housing.

5.42 The Council’s Core Strategy Development Plan Document was submitted to the Secretary of State on 31st March 2011 and within this the affordable housing policy includes a reduced threshold of 10 dwellings in urban areas or on land measuring 0.33ha and a requirement for 35% affordable housing. For development control purposes, officers will continue to apply South Gloucestershire Local Plan (Adopted) 6th Jan 2006 Policy H6, pending the Core Strategy EiP and receipt of the Inspector’s report, for schemes below 15 dwellings in urban areas. However, for schemes over 15 dwellings in urban areas officers will negotiate the maximum level of affordable housing on each site that is feasible up to the 35% figure.

5.43 In addition, should any adjoining land come forward for residential development that would be developed in tandem with the application site (e.g. the vacant land to the west of the site) then this would be assessed in conjunction with the current application for the purposes of determining whether the scheme falls above the affordable housing threshold. This relates to the issue of subdivision of sites as set out under paragraph 8.196 of Policy H6 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006 and section 4.1 of the adopted SPD Affordable Housing.

5.44 Children and Young People

There is a projected surplus of school places in the area; therefore no contributions towards education facilities are requested.

5.45 New Communities

Using current average occupancy data and the proposed number and mix of dwellings, officers estimate that this development of 14 dwellings would generate a population increase of 34.30 people. The following contributions should therefore be secured by S106 Agreement:

Off-Site POS provision/enhancement £42,395.86 Off-site POS maintenance £29,358.24 Library Contributions £3,680.73

5.46 It is envisaged that the contributions would most likely be spent on facilities at Brimsham Park or Yate Outdoor Sports Centre and Yate Library.

6. 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. The obligations set out below meet Regulation 122 of the CIL Tests (statutory) and the tests set out in Circular 05/05 and without them the scheme would not be acceptable.

OFFTEM

The proposed development has been tested against the following policies of the Development Plan and, in the opinion of the Local Planning Authority is not in conflict with the following policies or adopted Supplementary Planning Guidance when read in conjunction with the planning conditions imposed. a) Due to their scale and position in relation to the adjacent dwellings, the proposed dwellings are considered not to give rise to a material loss of amenity to the adjacent occupiers. The development therefore accords to Policy H2 and D1 of the South Gloucestershire Local Plan (Adopted) January 2006. b) It has been assessed that the proposed dwellings have been designed to respect and maintain the massing, scale, proportions, materials vernacular and overall design and character of the street scene and surrounding area. The development therefore accords to Policies H2, D1 and H4 of the South Gloucestershire Local Plan (Adopted) January 2006 and the South Gloucestershire Design Checklist SPD (adopted) 2007. c) The proposal would provide adequate visibility at the accesses onto Broad Lane and at the junction with North Road; there would be adequate off-street parking within the site. The proposal is therefore considered to be acceptable in highway safety terms in accord with Policy T8 and T12 of the South Gloucestershire Local Plan (Adopted) January 2006. d) The proposal is considered to be of a good quality design and layout, which integrates well with the rural/urban context. The proposal therefore accords with Policy L1 of the South Gloucestershire Local Plan (Adopted) January 2006. e) The proposal is considered not to adversely impact on trees and other important landscape features within or adjacent to the site. The proposal therefore accords with Policy L1 of the South Gloucestershire Local Plan (Adopted) January 2006 in this respect. f) The proposal is considered to represent a sustainable form of development, which would achieve a density in keeping with local character. As such the proposal accords with Policy H2 of the South Gloucestershire Local Plan (Adopted) January 2006 in this respect. g) The application has provided a satisfactory mitigation strategy for protected species. The proposal accords with Policy L9 of the South Gloucestershire Local Plan (Adopted) January 2006. h) The scheme demonstrates a good standard of sustainability in accordance with the requirements of Policy D1 of the South Gloucestershire Local Plan (Adopted) i) Whilst the development of the site will inevitably result in the loss of open space, the contribution of this space to the character of the area is not significant. Suitable mitigation measures will be provided to ensure existing open space in the area is maintained and enhanced to meet the needs of local residents. The application therefore complies with the requirements of Polices D1, L5, H2, and LC8 of the South Gloucestershire Local Plan (Adopted). j) Adequate provision is being made to ensure that the extra impact on the library facilities is being mitigated for in accordance with the requirements of Policy LC1 of the South Gloucestershire Local Plan (Adopted) k) The application demonstrates that it will not result in any adverse flooding or

drainage effects in accordance with the requirements of Policy EP2 of the South Gloucestershire Local Plan (Adopted) January 2006.

m) Consideration has been given to the need or otherwise to provide an affordable homes contribution in accordance with Policy H6 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

OFFTEM

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

7. RECOMMENDATION 7.1 (1) That subject to the receipt of satisfactory details relating to the provision of Code

Level 3 for Sustainable Homes, authority be delegated to the Director of Planning, Transportation and Strategic Environment to grant planning 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:

i. A contribution of £4000.00p towards improvements to the public

transport facilities within the area, such as subsidised bus services, improvements to bus shelters or raised kerbs. To promote alternative modes of transport other than the use of private motor cars having regard to Policy T12(F) of the South Gloucestershire Local Plan (Adopted) 6th January 2006.

ii Prior to the commencement of development works on the site, the

provision of a visibility splay of 2.4m by 67m to the right side of the Broad Lane junction with North Road, clear of any obstruction together with all associated works; and dedicate the land (fronting no.1 Broad Lane) as shown on submitted Highway Improvements Plan No. 637-07 Rev B received 28 Feb 2012. In the interests of highway safety having regard to the increased traffic generation on Broad Lane to result from the development and to accord with Policy T12 of the South Gloucestershire Local Plan (Adopted) 6 Jan 2006.

iii Prior to the first occupation of any of the approved buildings, the construction of footway facilities on Broad Lane in accordance with the details shown on the approved drawing – Highway Improvements Plan No. 637-07 Rev B received 28 Feb 2012; together with all associated works. To enhance pedestrian accessibility to the site and in the interests of highway safety having regard to the increased traffic generation on Broad Lane to result from the development and to accord with Policy T12 of the South Gloucestershire Local Plan (Adopted) 6 Jan 2006.

iv A financial contribution of £26,814.03 towards the provision off-site of Category 1 formal open space, to accord with Policy LC8 of the South Gloucestershire Local Plan (Adopted) January 2006.

v. A financial contribution of £8,114.13 towards the maintenance of the off-

site Category 1 formal open space, to accord with Policy LC8 of the South Gloucestershire Local Plan (Adopted) January 2006.

OFFTEM

vi. A financial contribution of £13,212.90 towards the provision off-site of

Category 2 equipped children’s play space, to accord with Policy LC8 of the South Gloucestershire Local Plan (Adopted) January 2006.

vii. A financial contribution of £13,893.43 towards the maintenance of the

off-site Category 2 equipped children’s play space, to accord with Policy LC8 of the South Gloucestershire Local Plan (Adopted) January 2006.

viii. A financial contribution of £1,353.65 towards the provision off-site of

Category 3 unequipped children’s play space, to accord with Policy LC8 of the South Gloucestershire Local Plan (Adopted) January 2006.

ix. A financial contribution of £2,642.39 towards the maintenance of the off-

site Category 3 unequipped children’s play space, to accord with Policy LC8 of the South Gloucestershire Local Plan (Adopted) January 2006.

x. A financial contribution of £1,015.28 towards the provision off-site of

informal open space, to accord with Policy LC8 of the South Gloucestershire Local Plan (Adopted) January 2006.

xi. A financial contribution of £4,708.29 towards the maintenance of the off-

site informal open space, to accord with Policy LC8 of the South Gloucestershire Local Plan (Adopted) January 2006.

xii. £3,680.73 towards the provision of library services (upgrading and

enhancing existing services at the nearest library to the site (Yate Library) to accord with Policy LC1 of the South Gloucestershire Local Plan (Adopted) January 2006). The open space contributions would be likely to be spent on facilities at Brimsham Park or Yate Outdoor Sports Centre.

xiii. A contribution at a rate of 4% of the total requirement sum for monitoring purposes. To allow the Council to fully monitor the progress of the S106 Agreement. This equates to £3,177.39p.

(2) That the Head of Legal and Democratic Services be authorised to prepare and

seal the agreement. 7.2 Should the agreement not be completed within 6 months of the date of the

Committee resolution that delegated authority be given to the Director of Environment and Community Services Dept. to refuse the application.

OFFTEM

Contact Officer: Roger Hemming Tel. No. 01454 863537 CONDITIONS 1. The development hereby permitted shall be begun 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). 2. Prior to the commencement of the development hereby aproved, drainage detail

proposals incorporating Sustainable Drainage Systems (SUDS) and confirmation of hydrological conditions (e.g. soil permeability, watercourses, mining culverts) within 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 and before the first occupation of the buildings hereby approved.

Reason To ensure that a satisfactory means of drainage is provided, and to accord with

Policies EP1, EP2, L17 & L18 of the South Gloucestershire Local Plan (Adopted) January 2006.

3. The off-street car parking and turning facilities, shown on the Highway Improvements

Drawing No. 637-07 Rev B received 28 Feb 2012 hereby approved, shall be provided before the first occupation of the buildings so approved, and thereafter retained as such and used only in conjunction with the occupation of the buildings' purpose.

Reason To ensure the satisfactory provision of car and cycle parking, and turning facilities; in

the interest of highway safety and the amenity of the area, and to accord with Policies E3, T7, T8 and T12 of the South Gloucestershire Local Plan (Adopted) January 2006.

4. The hours of working on the site for the period of construction of the development

hereby approved, shall be restricted to 07.30 to 18.00 Monday to Friday and 08.00 to 13.00 Saturday and no working shall take place on Sundays or Public Holidays. The term 'working' shall, for the purpose of clarification of this condition include: the use of any plant or machinery (mechanical or other), the carrying out of any maintenance/cleaning work on any plant or machinery deliveries to the site and the movement of vehicles within the curtilage of site. Any use of the site outside these hours shall have the prior written consent of the Local Planning Authority.

OFFTEM

Reason To protect the amenities of the occupiers of nearby dwelling houses, and to accord

with Policy E3 of the South Gloucestershire Local Plan (Adopted) January 2006. 5. No development shall take place until details/samples of the roofing and external

facing materials proposed to be used have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details/samples.

Reason To ensure a satisfactory standard of external appearance and to accord with Policy

D1 of the South Gloucestershire Local Plan (Adopted) January 2006 and Policy CS1 of The South Gloucestershire Core Strategy Pre-Submission Draft March 2010.

6. The developer shall appoint an archaeological contractor not less than three weeks

prior to the commencement of any ground disturbance on site, and shall afford him or other archaeologist nominated by the Local Planning Authority access at all reasonable times in order to observe the excavations and record archaeological remains uncovered during the work. This work is to be carried out in accordance with the attached brief.

Reason In order to ensure the adequate protection of archaeological remains, and to accord

with Policy L11 of the South Gloucestershire Local Plan (Adopted) January 2006. 7. Prior to the commencement of the development hereby approved, an ecological and

landscape management plan shall be drawn up and agreed with the Council in writing, to include details of a management prescription of the existing species-rich hedge along Broad Lane and details of all new habitat (species-rich grassland/shrub/hedge planting) to be created on site. All works shall to be carried out in accordance with the approved statement and to a timeframe to be agreed with the Council.

Reason In the interests of species protection in accordance with Policy L9 of The South

Gloucestershire Local Plan (Adopted) 6th Jan 2006. 8. Prior to the commencement of the development hereby approved, a

slowworm/hedgehog mitigation strategy shall be drawn up and agreed with the Council in writing, to include details of any new receptor site. All works to be carried out in accordance with the strategy agreed and to a timeframe to be agreed with the Council.

Reason In the interests of species protection in accordance with Policy L9 of The South

Gloucestershire Local Plan (Adopted) 6th Jan 2006. 9. The design and build of the properties hereby approved including all acoustic building

and boundary treatments and their locations shall be to a design standard as specified or higher than that detailed in the 'Faēade Sound Insulation Assessment' Acoustic report M1102/R03 12th March 2012 provided in support of the application.

OFFTEM

Reason To ensure that an adequate level of sound insulation is achieved in the interests of the

residential amenity of future occupiers and to accord with Policies H2, D1, EP1 and EP4 of the South Gloucestershire Local Plan (Adopted) 6th Jan 2006.

10. Prior to the commencement of development a detailed planting plan which shall

include details of the size, type and specification of all proposed planting and times of planting, together with a hedgerow management plan, shall be submitted to the Local Planning Authority for approval. Development shall be carried out in accordance with the agreed details.

Reason To protect the character and appearance of the area to accord with Policies D1 and

L1 of the South Gloucestershire Local Plan (Adopted) January 2006. 11. Tree protective fencing shall be erected, as recommended within the approved

arboricultural survey, prior to the commencement of any works on the site and maintained in place for the duration of the development.

Reason In the interests of the health of the trees to protect the character and appearance of

the area to accord with Policies D1 and L1 of the South Gloucestershire Local Plan (Adopted) January 2006.

12. Prior to the commencement of development a survey of the site shall be undertaken to

ascertain the level of land-fill gas migration and the results submitted to the Local Planning Authority. The survey shall be taken at such points and to such depth as the Local Planning Authority may stipulate. If necessary a scheme for the decontamination of the site shall be submitted to and approved in writing by the Local Planning Authority and the scheme as approved shall be fully implemented and completed before any residential unit hereby permitted is first occupied.

Reason To ensure that adequate measures have been taken to mitigate against soil

contamination/contaminated land having regard to the proximity of the former Yate Colliery and to accord with Policies EP1/EP6 of the South Gloucestershire Local Plan (Adopted) January 2006.

OFFTEM

CIRCULATED SCHEDULE NO. 16/12 – 20 APRIL 2012

App No.: PK12/0551/F Applicant: Mr M Jenkins Site: 66 Church Farm Road Emersons

Green Bristol South Gloucestershire BS16 7BE

Date Reg: 27th February 2012

Proposal: Erection of single storey rear extension to form additional living accommodation. (Resubmission of PK11/3481/F).

Parish: Mangotsfield Rural Parish Council

Map Ref: 367039 176680 Ward: Emersons Green Application Category:

Householder Target Date:

20th April 2012

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. PK12/0551/F

ITEM 3

OFFTEM

REASON FOR REPORTING TO CIRCULATED SCHEDULE

This application has been referred to the circulated schedule due to the receipt of local residents’ objections.

1. THE PROPOSAL 1.1 This is a resubmission planning application seeking planning permission for the

erection of a single storey rear extension at No. 66 Church Farm Road, Emersons Green. The proposed extension would be approximately 2.6 metres wide by 4.5 metres long and 3.3 metres high to its ridge.

1.2 The application site relates to a two storey detached dwelling within a residential area of Emersons Green.

2. POLICY CONTEXT

2.1 National Guidance National Planning Policy Framework, 27th March 2012

2.2 Development Plans

South Gloucestershire Local Plan (Adopted) January 2006 D1 Achieving Good Quality Design in New Development H4 Development within Existing Residential Curtilages, Including Extensions and New Dwellings T12 Transportation Development Control Policy for New Development South Gloucestershire Core Strategy Incorporating Post Submission Changes December 2011 CS1 High Quality Design

2.3 Supplementary Planning Guidance Design

3. RELEVANT PLANNING HISTORY 3.1 PK03/3388/F Erection of rear conservatory, Approved 17.12.03 3.2 PK11/3481/F Erection of single storey rear extension to form additional

living accommodation. Withdrawn 30.01.12 4. CONSULTATION RESPONSES

4.1 Mangotsfield Rural Parish Council No objection

Other Representations

4.3 Local Residents

OFFTEM

One letter has been received from local residents, who raise an objection to the proposed development for the following reasons:

The height and size of the extension will alter the view from the rear of

the neighbouring property It would have an overshadowing and overbearing upon the neighbouring

garden/patio area Feelings of lack of privacy Overdevelopment Require maintenance from the neighbouring property Construction cause noise, building dust, lack of privacy and intrusion

5. ANALYSIS OF PROPOSAL

5.1 Principle of Development Policy H4 of the South Gloucestershire Local Plan allows for extensions to

existing dwellings subject there being no adverse impact on existing visual and residential amenities and highway safety. Policy CS1 of the Core Strategy seeks to ensure development is of a high quality design.

5.2 Visual Amenity

The application site relates to a two-storey detached dwelling on Church Farm Road. The property is located within a relatively modern development with red brick finish and concrete roof tiles. This application proposes to erect a single storey extension at the rear of an attached garage (next to the existing conservatory).

5.3 The proposed extension would have a pitched roof, which would be significant

set down from the ridgeline of the garage. The extension would be finished with brickwork and concrete tiles, which would match the existing materials of the host dwelling. The proposed extension is considered to be subservient to the host dwelling. It is considered that the new extension would respect the character of the host dwelling and would not detract the character of the immediate surrounding area.

5.4 Residential Amenity

The proposed extension would be constructed at the rear of the existing garage, and adjacent to the existing conservatory. The ridge of the extension would be significantly lower than the ridgeline of the garage, and would be similar to that of the conservatory. A local resident raised an objection to the proposal and is concerned that the proposed extension would adverse impact upon the neighbouring property due to its angle and proximity. Officer acknowledged that the property and the extension would sit at an angle of the neighbouring property, No. 68 Church Farm Road, and also noted that the application site is slightly lower than the neighbouring property.

OFFTEM

Whilst the proposed extension would sit at an angle of the neighbouring property and would be in front of their habitable windows, the ridge of the new extension would be significantly lower than the existing garage and would not be higher than the existing conservatory. In addition, the extension would be a pitched roof, where the eaves height would be approximately 2.5 metres. No window is proposed on the south side elevation. On balance, it is considered that the proposal would not cause significant overshadowing