Agenda item

Land west of Saltby Road and south of Mill Lane, Croxton Kerrial

Cllrs Chandler and Botterill left the meeting at 6.10pm for the duration of the application.

 

 

Applicant:     Trustees of the 9th Duke of Rutland's Settlement

Location:      Land west of Saltby Road and south of Mill Lane, Croxton Kerrial

Proposal:     Residential development of up to 39 dwellings, associated infrastructure and landscaping (all matters reserved except for access)

 

(a)  The Regulatory Services Manager stated that:

Updates following publication of agenda – trial trenching has already been undertaken, condition 11 should be amended accordingly  and surplus secondary school places have been taken by decision on 17.10.17 to approve residential development at Fair Farm, Waltham ,consequently this proposal will be required to make a contribution to secondary education.

 

Residential development of up to 39 dwellings with all matters reserved except access. Described the site and its surroundings. Noted that Croxton Kerrial is a reasonably sustainable settlement and summarised committee report by highlighting that the main considerations in the determination of the application were compliance or otherwise with the development plan and the NPPF; impact upon the character of the settlement and the countryside; impact upon heritage assets; relationship with public right of way which crosses the site and impact upon transportation and highway safety.

 

(b)  Patricia Lawrence, on behalf of the Parish Council, was invited to speak and stated that:

·         Does not conform with the NPPF requiring development to conserve and enhance a historic environment

·         Unnecessary harm to a listed building

·         Windmill significant in historical interest and cultural heritage

·         Damage to setting of listed building

·         Egerton Lodge as an example, sense and quality of building lost because of development

·         Benefits do not justify damage

·         Space from the windmill to the housing estate is too close

·         Should be sited elsewhere, the PC would gladly support development in other locations on the edge of the village, but not here where it affected the heritage asset.

 

The Chair proposed to suspend the meeting at 6.21pm to speak to a member of the public in private regarding their conduct and interruptions.

 

Cllr Wyatt seconded the proposal and it was unanimously decided that the meeting should be suspended.

 

The Chair returned and continued the meeting at 6.26pm.

 

A Cllr asked Ms Lawrence of the Parish Council what distance between the development and the windmill would be acceptable.

 

Ms Lawrence stated that there should be a clear distance so one could see across from the road to the windmill. Presently, the distance between the last houses on Saltby Road and the first houses in this development is very small.

 

(c) Jeremy Bancroft, an objector, was invited to speak and stated that:

·       Adversely effects the important southern gateway to village

·       Views of setting effected

·       Policy EM6 - harm to settlement

·       Policy EM13 - effects heritage asset

·      Proposed development should avoid harm to the significance of    historic sites, buildings or areas including their settings

·       Archaeology state concerns about impact on listed building

·       No comments from the conservation officer

·      Section 9.5 of report refers to high impact on listed building but does not address archaeology's concerns

·      Officer's report at odds with archaeology in terms of harm

 

(d) Colin Wilkinson, the agent on behalf of the applicant, was invited to speak and stated that:

·      There are good facilities and amenities, and public transport available within walking distance

·      The bus service hourly to Grantham and Melton Mowbray

·      Site is allocated in Local Plan for 40 dwellings

·      Contributes to supply of housing land

·      The application has been made with feedback of Parish Council and local residents

·      Archaeology trenching has been undertaken

·      The site is outside the conservation area

·      No substantial harm to the significance of the area or the conservation area

·      There are no technical objections from consultees

·      There is a surplus of spaces available at the primary school

·      Offers boost to housing supply including affordable housing

·      Helps meet Local Plan

 

A Cllr asked if the footpath provides an access to the doctor's surgery.

 

Mr Wilkinson said it is possible; however it goes through the farm.

 

The Chair asked for an approximate indication of the distance between the garden of the windmill and the first house.

 

Mr Wilkinson stated it is approximately 50 yards.

 

The Regulatory Services Manager stated that the Members needed to come to a decision in terms of the layout as it is indicative. The presence of the listed building has been considered to be ‘less than substantial’ and this means that Members need to consider whether the benefits outweigh the harm due to the housing contribution. Policies from the emerging Local Plan can be given limited weight at this stage.

 

A Cllr asked if there is a Neighbourhood Plan for Croxton Kerrial.

 

The Regulatory Services Manager stated that there is one in preparation; however it is in the early stages and presently has no sites proposed.

 

A Cllr asked if a distance from the listed building could be conditioned.

 

The Regulatory Services Manager confirmed this could be done if Members felt it would help to enhance and protect the listed building; however he cautioned that the condition needs to not prevent development and needed to remain ‘reasonable’

 

A Cllr suggested the number of dwellings should be lowered.

 

The Regulatory Services Manager stated that the application is for up to 39 dwellings and this is what needed to be determined.

 

A Cllr asked if it was possible to reconfigure the houses on the outside of the development so the windmill could be seen as you enter the village from Saltby and if the proposed line of site to the windmill is protected so houses do not overshadow.

 

The Regulatory Services Manager advised that the layout is indicative and a condition could be added to lay the site out in a way so that the windmill could be seen. Protected views could be conditioned.

 

The Chair suggested that if Members were minded to permit they could incorporate a condition subject to improved scheme with less damage to the listed building.

 

Cllr Holmes proposed to permit the application subject to the added conditions, and with fewer houses to open up the area.

 

Cllr Glancy seconded the proposal to permit. Keen to preserve the windmill with the added conditions. Sufficient space to provide a good development.

 

A Cllr stated that they could not support and would like to see fewer houses to ensure there is sufficient space around the windmill.

 

A Cllr stated that some of the houses could be moved to the southern part of the site and sacrifice some of the green area at the bottom of the site.

 

Cllr Holmes stated that in her proposal to permit she mentioned she would like to see fewer houses than 39.

 

The Chair advised that they could not prescribe the number of houses as they have to deal with the application as it is, as up to 39 dwellings. If 39 is unacceptable, Members should be considering refusal.

 

Cllr Holmes withdrew her proposal to permit as she wants to see fewer houses.

 

The Regulatory Services Manager advised that if the application is permitted a condition could be added that the listed building and views need to be considered. The agent could then change the design or provide fewer dwellings. The layout is only indicative and therefore could change.

 

A Cllr was concerned that reducing the number of dwellings would mean the percentage of affordable housing would also be reduced.

 

Cllr Glancy proposed to permit the application with the various added conditions.

 

Cllr Wyatt seconded the proposal to permit.

 

A vote was taken and it was unanimously decided that the application should be permitted.

 

Determination: PERMIT; subject to:

(a)  The completion of a s106 securing the obligations as set out in the report;

(b)  The conditions as set out in the report

(c)  The following additional condition:

 

The reserved matters as required by condition 2 above, shall provide for a layout  which respects the setting of the adjacent listed building ( windmill ) by :

i.              providing an undeveloped area in the north of the application site and

ii.            ensuring public views of the windmill between the dwellings on the site from both the public right of way and Saltby Road.

 

(d)  Amendment to condition 11 – remove reference to need for trial trenching

(e)  Section 106 to include contribution for secondary education

 

REASONS:
The Borough is not deficient in terms of housing land supply. The methodology used to demonstrate that there is a 5year supply has included sustainable sites, such as this, which have been scrutinised as part of the evidence supporting the new local plan.

 

Affordable housing provision remains of the Council’s key priorities.  This application presents affordable housing that helps to meet identified local needs.  Accordingly, the application represents a vehicle for the delivery of affordable housing of the appropriate quantity, in proportion with the development and of a type to support the housing need.  Croxton Kerrial is considered to be a reasonably sustainable location, with a range of facilities and capacity to accommodate growth. It is considered that there are material considerations of significant weight in favour of the application, and its partial alignment with the Pre-submission Local plan adds additional support.

 

The site is considered to perform reasonably well in terms of access to facilities and transport links.

 

It is considered that balanced against the positive elements are the specific concerns raised in representations, particularly the development of the site from its green field state and the impact on the character of the rural village and approaches to it from the south and local heritage assets.

 

In conclusion it is considered that, on the balance of the issues, there are significant benefits accruing from the proposal when assessed as required under the guidance in the NPPF in terms of housing supply and affordable housing in particular.  The balancing issues – development of a green field site, landscape impact and impact upon setting of village and heritage assets  – are considered to be of limited harm. 

 

Applying the ‘test’ required by the NPPF that permission should be granted unless the impacts would “significantly and demonstrably” outweigh the benefits; it is considered that permission should be granted.