Post on 10-Oct-2020
Land at Red House Farm, Lower
Outwoods Road, Burton upon Trent,
Staffordshire
Statement of Case
On behalf of Barwood Strategic Land II LLP, et al
Planning Ref: P/2014/01530
January 2016
54 Hagley Road, Edgbaston, Birmingham, B16 8PE
Tel: 0121 456 7444
Email: keith.fenwick@wyg.com
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
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Contents Page
Prefix
1.0 Introduction
2.0 Background to the Application and Appeal
3.0 Planning Policy Framework
4.0 Planning Assessment
5.0 Conditions and Section 106
6.0 Summary and Conclusions
Appendices
Appendix 1: Decision Notice P/2014/01530 dated 23rd July 2015
Appendix 2: Officer Report to Planning Committee dated on 21st July 2015
Appendix 3: Plan NO239/100/Phase 2 – Context Plan showing approved Phase I Reserved Matters and
Phase II site layout
Appendix 4: Secretary of State Appeal Decision letter and Inspector’s report dated 12th November 2013
(Ref: APP/ B3410/A/13/2197299)
Appendix 5: Officer’s Report to Planning Committee date 19th January 2016 for Reserved Matters
application (Ref: P/2016/01229)
Appendix 6: List of Application Documents
Appendix 7: East Staffordshire Local Plan 2012-2031 Adoption Statement dated 15th October 2015
Appendix 8: Extracts from East Staffordshire Local Plan 2012-2031
Appellant’s Statement of Case
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Appendix 9: Outwoods Neighbourhood Plan, made August 2015
Appendix 10: Review of LVIA for East Staffordshire Borough Council by Pegasus Landscape Design, 12
February 2015 (Ref: BIR.4760)
Appendix 11: Davenham, Cheshire appeal dated 3rd September 2015 (Ref: APP/A0665/A/14/2226994)
Appendix 12: Northwich, Cheshire appeal dated 3rd September 2015 (APP/A0665/W/14/3000528)
Appendix 13: East Staffordshire Borough Council 5 Year Housing Land Supply Position Statement
Appendix 14: Staffordshire County Council’s Hearing Statement to the East Staffordshire Local Plan
examination dated 6th October 2014
Appendix 15: Letter from Staffordshire County Council dated 20th June 2014
Appendix 16: Inspector’s Report on the examination of the East Staffordshire Local Plan dated 7th October
2015
Appendix 17: Email exchange between ESBC and Staffordshire County Council Education Dept. 5th February
2015, plus letter from Alliance Planning dated 22nd January 2015 plus Heads of Terms dated 12th November
2014 and site plan. All detailing agreement reached on land for a new Primary School with Staffordshire
County Council’s Education Department
Appendix 18: Burton Mail Articles regarding Hospital car parking dated 3rd November 2015
Appendix 19: Burton Hospital NHS Foundation Trust letter to East Staffordshire Borough Council dated 4th
June 2015
Appendix 20: Burton Hospital NHS Foundation Trust letter to East Staffordshire Borough Council members
dated 15th July 2015
Appendix 21: East Staffordshire Housing Strategy 2015-2020 (January 2015)
Appendix 22: Extracts from the East Staffordshire SHMA, dated April 2014
Appendix 23: Mickleton, Gloucestershire (Appeal Ref: APP/R3650/A/14/2228762)
Appendix 24: Main Modification 29 of the Local Plan
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
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Prefix
i. This Statement has been prepared by Keith Fenwick BA (Hons) MRTPI of WYG, who has been
a Member of the Royal Town Planning Institute since 1991 and holds a Bachelor of Arts degree
in Town and Country Planning awarded by Bristol Polytechnic (latterly the University of the
West of England). He is a Director at the Birmingham office of WYG and has 25 years of
experience as a practicing Town Planner.
ii. In this matter, WYG are instructed by Barwood Strategic Land II LLP, Mr & Mrs R S Duckett,
Mr & Mrs R A Duckett and Mr & Mrs G Skipper. WYG (formally Alliance Planning) were
instructed in January 2014 to assist in the preparation and submission of a planning
application for a residential development and local plan promotion.
iii. Following refusal of planning permission on the 23rd July 2015, WYG were instructed to submit
this appeal by means of the Written Representations procedure.
Appellant’s Statement of Case
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1.0 Introduction
1.1 WYG (formerly Alliance Planning) are instructed by Barwood Strategic Land II LLP, Mr & Mrs R S
Duckett, Mr & Mrs R A Duckett and Mr & Mrs G Skipper’s (the Appellant) to appeal the refusal of
Planning Application Ref: P/2014/01530 which sought planning permission for the erection of up to
150 dwellings on land at Red House Farm, Lower Outwoods Road, Burton on Trent.
1.2 The full description of development proposal is:
“Outline application for the erection of up to 150 dwellings, with associated landscaping, public
open space, drainage, formation of replacement parking for Queens Hospital, associated
infrastructure, earthworks and other ancillary and enabling works, including detail of access.”
1.3 The proposals constitute sustainable residential development, and they comply with the policies of
the National Planning Policy Framework and those policies of the adopted East Staffordshire Local
Plan which support sustainable development.
1.4 Neither of the 2 Reasons for Refusal (Appendix 1) identify any harm which will be caused by the
grant of planning permission, indeed the Officer’s report to Committee in respect of the application
concludes that “the site is sustainable when assessed against the three dimensions of sustainable
development” 1
1.5 The proposed development will deliver a number of benefits for the future and existing local
community which will include:
Provision of new homes for the open market;
Provision of new affordable homes;
Provision of land for a new Primary School
Funding of £500,000 towards much needed improvements to the adjacent Hospital car
parking;
1 Officer’s Report to Planning Committee, Appendix 2, para 12.1
Appellant’s Statement of Case
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High quality designed development;
The protection and enhancement of existing landscape features and biodiversity habitats;
New Public Open Space/National Forest Tree Planting;
Improved linkages to the surrounding area; and,
New Homes Bonus of £1.06m over 6 years.
1.6 The development successfully achieves the balance of delivering much needed new homes for the
Borough, within the existing built development limits to the town2 on a site that is acknowledged to
be sustainably located and which will not have a materially adverse impact upon the area’s
landscape character.
1.7 The application was recommended for refusal by the Planning Officers to the Council’s determining
Planning Committee. Members determined to refuse planning permission in accordance with Officer
Recommendation, for 2 reasons which state;
1) “The proposed development is in the countryside and as such does not accord with Policy NE. 1
or examined Policy SP8 which seek to define which uses are appropriate in the countryside.
Thus, the proposal is contrary to the provisions of policies NE1 of the adopted plan and SP8 of
the examined Local Plan (incl. Main Modifications).
2) The location is not identified as a location for housing development in the examined Local Plan.
The granting of permission would be contrary to SP2 and SP4 of the examined Local Plan which
has reached such a stage where it can be attributed substantial weight and outweighs the
presumption in favour of sustainable development accorded by the NPPF.”
Grounds of Appeal
1.8 The Appellant submits that the refusal was perverse, given the acknowledgment that the
development proposals are sustainable and that the Appeal proposal is consistent with the
principles of sustainable development and that there are no technical ground which warrant refusal.
2 See Section 4.7 of this Statement
Appellant’s Statement of Case
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The appellant further contests that the Council have failed to identify in their Reasons for Refusal
any material harm which would be caused by the grant of planning permission.
Appeal Route
1.9 Having regard to the nature of the Appeal proposal and reasons for refusal, the Appellant is
satisfied that the planning merits of their case can be properly understood using the Written
Representations procedure.
Statement of Case
1.10 This Statement of Case has been prepared by WYG Planning and presents the Appellant’s full
appeal case. It is structured as follows;
Section 2 – Background to the Refused Application
Section 3 – Planning Policy Framework
Section 4 – Planning Assessment
Section 5 – Proposed Conditions and S106
Section 6 – Summary and Conclusions
Appellant’s Statement of Case
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2.0 BACKGROUND TO THE APPLICATION
2.1 Site Location and Description
2.1.1 The site is located on land at Red House Farm, Lower Outwoods Road, Burton Upon Trent and falls
within the administrative boundaries of East Staffordshire Borough Council.
2.1.2 The Site falls outside but adjacent to the currently defined settlement boundary for Burton Upon
Trent and is located within the Neighbourhood Area of Outwoods. Notably, in a real and practical
sense it lies wholly within the newly defined urban area of Burton, reflected by the consented
“Phase 1” area, which is subject to a current reserved matters application with an Officer
recommendation to grant planning permission. This ‘approved’ Phase 1 layout is shown
superimposed on the current OS Base, with the Phase II application then shown within the new
urban context (Appendix 3).
2.1.3 Currently, adjacent to the site’s north western boundary are the nearest residential properties,
located at Lower Outwoods Road, St George’s Road and St Margaret’s Road. Queens Hospital lies
to the north east of the site with the site’s eastern boundary screened by existing mature trees/
hedgerow and beyond this the A38. To the south east of the site lies Outwoods Hill Farm and
Outwoods Reservoir which screen the site’s southern boundary from a number of surrounding and
long distant viewpoints.
2.1.4 The site is located to the south of existing residential development at Lower Outwoods Road. Land
falling immediately to the south west of the Site was recently granted planning permission for the
erection of up to 250 dwellings in November 2013 by the Secretary of State (APP/
B3410/A/13/2197299) where the Secretary of State concluded that the site is in a sustainable
location for housing development (Appendix 4) (para 15). The Council deferred a decision to
grant reserved matters approval for 246 dwellings in accordance with Officer recommendation on
the 19th January 2016 at Planning Committee. The deferral related to a request for clarification on
traffic bollard detail, compliance with Neighbourhood Plan and detail on Affordable Housing
clusters. Notably, the deferral did not raise any issue of concern regarding the proposed layout. A
copy of any Decision Notice will be forwarded to the Inspectorate when issued. In the interim, the
Officer’s report recommending approval is attached at Appendix 5.
Appellant’s Statement of Case
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2.1.5 The site’s topography falls from the north to the south with the gradient increasing toward the
site’s north eastern corner.
2.1.6 There are a number of existing services and facilities which meet the day to day needs of the area
which includes Primary, Junior and Secondary Schools, hospital, sports complex, supermarket,
dental surgery, Post Office, Public Houses, public transport connections and churches that are
located within 2km of the site, thus providing what is agreed by both the principle parties to the
appeal to be a sustainable location for future housing.
2.1.7 Vehicular and pedestrian access to the existing properties is currently gained via Lower Outwoods
Road which also serves a number of residential properties located at St Margaret’s and St George’s
Road.
2.1.8 The Site is well connected to local cycle routes, in particular the National Cycle Network (NCN)
Route 54 which passes in very close proximity to the site, along the alignment of the Trent &
Mersey Canal (see Figure 9.4 of the applicant’s submitted Transport Assessment, Ref: Phil Jones
Associates, November 2014, Project 014 Version A).
2.1.9 In the wider context, the site lies some 2km from Burton Town Centre which provides access to a
range of convenience and comparison shopping goods and local employment opportunities. Beyond
this lies the settlements of Swadlincote (5.8km), Derby (17km), Lichfield (20km) and Coalville
(24km) which provide further day to day and higher order shopping needs.
2.1.10 The site is located within close proximity to existing bus stops on both Shobnall Road and Lower
Outwoods Road (Hospital). Shobnall Road is served by the no.10 bus while the Hospital is served
by the no’s 3, 9 and 19 providing access to Burton town centre and the wider areas of Swadlincote,
Ashby and Coalville.
Appellant’s Statement of Case
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2.1.11 A summary of the local bus services is set below:
2.1.12 Burton also benefits from having its own train station which is located approximately 1.5km away,
providing connections to the wider national rail network.
2.1.13 In terms of the wider strategic highway network, the A38 provides direct access to Burton Upon
Trent and the surrounding settlements. This route is considered to be the most significant transport
route within close proximity of the site and provides links to Birmingham and Derby and the A50
which is an important route linking the M6 and M1.
2.2 Planning History
2.2.1 A review of East Staffordshire Borough Council’s planning records has been undertaken and
confirmed that there is no recent planning history relating directly to the appeal site.
2.2.2 The most recent and relevant planning permission granted within the vicinity of the site relates to
the erection of up to 250 dwellings at Red House Farm (APP/ B3410/A/13/2197299) (Phase I)
which was allowed at Appeal by the Secretary of State on the 12th November 2013 (Appendix 4).
2.2.3 A reserved matters application (Ref: P/2015/01229) was submitted on 26th August 2015 for the
erection of 246 dwellings, including details of appearance, landscaping, layout and scale. The
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
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application was recommendation for approval at Planning Committee on 19th January 2016
(Committee Report at Appendix 5) and deferred for the reasons set out at Para 2.1.4 above.
2.2.4 The Phase II planning application has had regard to the conclusions reached by the Inspector in
respect of the suitability of the site and its surrounding landscape to accommodate residential
development and was supported by a suite of technical reports. In terms of landscape impacts, the
Inspector for the Phase I concluded that ‘…that landscape impacts of this development are
remarkably limited and local in terms of their impact… Any resulting harm to the landscape must be
balanced against the benefit associated with the development’ (Appendix 5, para 5.16).
2.2.5 The Secretary of State agreed with the conclusions reached by the Inspector in respect of that
scheme’s impact upon the character and appearance of the area and confirmed ‘…the appeal
scheme would have an adverse effect on the character and appearance of the area by introducing
new development into the countryside. However, he also agrees that the quality of the landscape
has been identified for enhancement; and that the proposal would recognise the intrinsic character
and beauty of that part of the countryside and would mitigate the effect of the proposed buildings
by the provision of areas of open space and new planting and landscaping. The Secretary of State
also agrees with the Inspector that any adverse impact needs to be balanced against the benefits
of the proposed development” (Appendix 5, Para 9: WYG Emphasis).
2.2.6 In reaching his decision on the Phase I scheme, the Secretary of State confirmed (para 15);
“As the relevant LP policies are out of date, the Secretary of State gives significant weight to the
fact that the Framework indicates that, in the absence of a 5 year housing land supply in an up-to-
date, adopted development plan, planning permission should be granted for the proposal. He is
satisfied that the appeal site is in a sustainable location for housing development, and that, as the
adverse impacts of granting planning permission would not significantly and demonstrably outweigh
the benefits when assessed against the Framework taken as a whole, he does not consider that
there are any material considerations of sufficient weight to justify refusing planning permission.”
2.2.7 No further historic planning applications for the site could be viewed online via the Council’s search
engine.
2.3 Appeal Proposals
2.3.1 The appeal description of development for the planning appeal is;
Appellant’s Statement of Case
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“Outline application for the erection of up to 150 dwellings, with associated landscaping, public
open space, drainage, formation of replacement parking for Queens Hospital, associated
infrastructure, earthworks and other ancillary and enabling works, including detail of access.”
2.3.2 For the avoidance of doubt, the plans before the Inspector for determination are;
Drawing No. N0239(08)003/Rev D – Application Site Plan Phase 2
Drawing No. INCLA_N0239(03)006 – Masterplan
2.3.3 The proposals will deliver:
Up to 150 dwellings
0.44ha of Woodland Planting (20% in line with Local Plan Strategic Policy 26)
1.5ha Open Space
Replacement parking for Queen’s Hospital and £500,000 funding towards parking
improvements a the hospital
Provision of land for a new primary school
2.3.4 The layout of the proposed residential development demonstrates that the scheme could provide a
mix of 2, 3, 4 and 5 bedroom properties across the site varying in size, type and tenure.
2.3.5 The proposed development will be served by a new access road which will be located off Belvedere
Road. The existing gated access point off Lower Outwoods Road will be retained and will serve a
small proportion (10 dwellings) of the residential development. Lower Outwoods Road will therefore
remain as a cul-de-sac and will be closed to through residential traffic associated with the Red
House Farm Phase I development. The access gate at the top of Lower Outwoods Road will be
restricted to public service vehicle use only and will be controlled by the installation of bollards, the
details of which are now sought through the Reserved Matters application for Phase I
(P/2015/01229). This will ensure the amenity of residents living at Lower Outwoods Road is
protected and ensure that the site does not become a through route for local traffic.
Appellant’s Statement of Case
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2.4 Application Process
2.4.1 The Applicant engaged in pre-application discussions with officers at East Staffordshire Borough
Council on the 11th March 2014. Meetings also took place with Members of Outwoods
Neighbourhood Plan Steering Group on 19th March 2014.
2.4.2 The Applicant’s transport consultant met with Staffordshire County Council’s Highway’s team and
the Queen’s Hospital Estate manager to discuss the access options for the site and issues related to
the overspill hospital parking.
2.4.3 Further meetings with Staffordshire County Council’s School Organisation team took place to
discuss existing education capacity within the Borough.
2.4.4 In accordance with pre-application discussions held with East Staffordshire Borough Council, the
Planning Application was submitted to East Staffordshire Borough Council on 26th November 2014.
The Authority registered the Application as valid from 11th December 2014 under the Reference
P/2014/01530. A full list of documents that comprise the application is presented at Appendix 6.
2.4.5 The application was referred to Planning Committee on 21st July 2015. The Planning Officer’s report
to Planning Committee recommended refusal. The application was refused by Committee members
and the Reasons for Refusal on the Decision Notice (Appendix 1) are:
1) “The proposed development is in the countryside and as such does not accord with
adopted Saved Policy NE 1 or examined Policy SP8 which seek to define which uses are
appropriate in the countryside. Thus, the proposal is contrary to the provisions of policies
NE1 of the adopted plan and SP8 of the examined Local Plan (incl. Main Modifications).
2) The location is not identified as a location for housing development in the examined Local
Plan. The granting of permission would be contrary to SP2 and SP4 of the examined Local
Plan which has reached such a stage where it can be attributed substantial weight and
outweighs the presumption in favour of sustainable development accorded by the NPPF.”
Appellant’s Statement of Case
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3.0 Planning Policy Framework
3.1 Introduction
3.1.1 Section 38 (6) of the Planning and Compulsory Purchase Act (2004) requires that proposals be
determined in accordance with the development plan unless material considerations indicate
otherwise. The Development Plan comprises those Local Planning documents which have been the
subject of Examination in Public or testing through Public Inquiry, and are adopted having been
through due processes.
3.1.2 The Statutory Development Plan for the site comprises:
East Staffordshire Local Plan 2012-2031, adopted on 15th October 2015
3.1.3 At the time the planning application was determined, the Local Plan DPD 2012-2031 was in the
process of being adopted and the Development Plan consisted of the saved policies within the East
Staffordshire Local Plan 1996-2011 (2006). The Local Plan DPD 2012-2031 was adopted on 15th
October 2015 and wholly replaces the ‘saved’ policies of the 2006 Local Plan and sets out the
strategic framework for development in the Borough for the period 2012-2031 (see Development
Plan Document Adoption Statement: October 2015 at Appendix 7).
3.1.4 The relevant policies of each document are set out in turn below.
3.2 East Staffordshire Local Plan 1996-2011 (2006)
3.2.1 The saved policies within the East Staffordshire Local Plan 1996-2011 (2006) have been replaced
by the East Staffordshire Local Plan 2012-2031 since the application was determined. Reference is
made in Reason for Refusal 1 on the Decision Notice to East Staffordshire Local Plan 1996-2011
(2006) therefore this is detailed below for completeness but no longer carries any material weight.
3.2.2 Policy NE1: Development outside Development Boundaries states that outside the development
boundaries shown on the Inset Plans, planning permission will not be granted for development
unless it cannot reasonably be located within them and is either:
a) essential to the efficient working of the rural economy; or
b) development otherwise appropriate in the countryside; or
Appellant’s Statement of Case
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c) development close to an existing settlement and providing facilities for the general public or
local community which are reasonably accessible on foot, by bicycle or by public transport.
Proposals falling within one of these categories will be judged against the following criteria:
(a) The proposed development must not adversely affect the amenities enjoyed by existing land
users, including, in the case of proposals for development close to an existing settlement, the
occupiers of residential and other property within that settlement.
(b) The detailed siting of the proposed development and its associated environmental impact are
compatible with the character of the surrounding area, and safeguard nature conservation
interests.
(c) The design of the buildings, structures and materials relate satisfactorily to the proposed site
and its setting.
(d) Landscaping associated with the proposal takes into account both the immediate impact and
distant views of the development.
(e) The access roads can accommodate traffic likely to be generated by the proposed development
in terms of number, size and type of vehicles whilst meeting the needs of cyclists and pedestrians
too.
(f) The proposed development provides for adequate access for pedestrians, cyclists and drivers,
servicing and parking arrangements, and provision within the site for plant, equipment and the
storage of goods and materials.
3.2.3 It is perhaps of academic interest given the subsequent adoption of the 2012-2031 East
Staffordshire Local Plan, but the Authority had previously conceded that Policy NE1 was out of date
(and therefore of no material weight) when giving evidence to the Phase I Inquiry. This is
addressed at Para 6.9 of that Inspector’s Report to the Inquiry (Appendix 4).
3.3 East Staffordshire Local Plan 2012-2031 (extracts at Appendix 8)
3.3.1 The East Staffordshire Local Plan 2012-2031 was adopted on 15th October 2015.
3.3.2 Within the Decision Notice, reference is made to Policies SP2, SP4 and SP8 of the examined Local
Plan including Main Modifications. These have been detailed in full below. The appellant also makes
reference to Strategic Policy 6 when addressing housing in Section 4.4 below, the policy extract is
also attached at Appendix 8.
Appellant’s Statement of Case
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3.3.3 Reason for Refusal 2 on the Decision Notice relates in part to the Presumption in Favour of
Sustainable Development. Although not specifically referenced in the Decision Notice, Principle 1 of
the adopted Local Plan DPD has been included below for completeness.
3.3.4 Principle 1: Presumption in Favour of Sustainable Development states;
“When considering development proposals the Council will take a positive approach that reflects the
presumption in favour of sustainable development contained in the National Planning Policy
Framework. The Council will always seek to work proactively with applicants to:
find solutions which result in the approval of development proposals wherever possible; and
secure development that improves the economic, social and environmental conditions in the
area.
Planning applications that accord with the policies in this Local Plan (and, where relevant, with
policies in “made” neighbourhood plans, i.e. those that have been brought into legal force by the
Council) will be approved without delay, unless material considerations indicate otherwise.
Where the development plan is absent, silent or relevant policies are out of date at the time of
making the decision the Council will grant permission unless material considerations indicate
otherwise – taking into account whether:
any adverse impacts of granting permission would significantly and demonstrably outweigh
the benefits, when assessed against the policies in the National Planning Policy Framework
taken as a whole; or
specific policies in the National Planning Policy Framework indicate that development should
be restricted.”
Appellant’s Statement of Case
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3.3.5 Strategic Policy 2: Settlement Hierarchy states that development will be directed towards the
most sustainable locations in accordance with settlement hierarchy, of which Burton upon Trent is
the highest on the settlement hierarchy “Main Towns”. The policy states “new development should
be concentrated within the settlement boundary of the Main Towns, Strategic Villages, Local
Service Villages and Rural Industrial Estates, as shown on the policies maps.”
3.3.6 Strategic Policy 4: Distribution of Housing Growth 2012 – 2031 sets out the land which is
allocated to meeting the housing provision. The second part of the policy, ‘Development
Requirement’ confirms that non-allocated (i.e. windfall) provision assigned to the Main Towns and
Tier 1 and Tier 2 settlements and will be delivered within settlement boundaries or in accordance
with a Made Neighbourhood Plan. For Burton and Uttoxter, this requirement is defined as a
minimum figure of 1,359 dwellings.
3.3.7 Strategic Policy 8: Development Outside Settlement Boundaries states that
“Development outside settlement boundaries will not be permitted unless it is:
essential to the support and viability of an existing lawful business or the creation of a
new business appropriate in the countryside in terms of type of operation, size and
impact and supported by relevant justification for a rural location; or
providing facilities for the use of the general public or local community close to an
existing settlement which is reasonably accessible on foot, by bicycle or by public
transport; or
in accordance with a ‘made’ (i.e. legally in force) Neighbourhood Plan; or
development under the Rural Exception Sites policy (see Policy 18 on Exception Sites);
or
Appropriate re-use of Rural Buildings following guidance set out in the Rural Buildings
SPD; or
infrastructure development where an overriding need for the development to be
located in the countryside can be demonstrated; or
development necessary to secure a significant improvement to the landscape or the
conservation of a feature of acknowledged importance; or
provision for renewable energy generation, of a scale and design appropriate to its
location
otherwise appropriate in the countryside
Appellant’s Statement of Case
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Proposals falling within one of these categories will be judged against the following criteria where
applicable:
The proposed development must not adversely affect the amenities enjoyed by existing
land users, including, in the case of proposals for development close to an existing
settlement, the occupiers of residential and other property within that settlement.
Proposals do not introduce considerable urban form
Proximity to settlements where there are advantages of sustainable linkages, but this
should not create unacceptable urban extensions or create the opportunity for
unacceptable backfill between the development and the urban area
The detailed siting of the proposed development and its associated environmental impact
are compatible with the character of the surrounding area,
The design of the buildings, structures and materials are visually well-related to the
proposed site and its setting with careful choice of materials, landscaping, massing of
buildings and attention to local architecture and roofscape design.
Landscaping associated with the proposal takes into account both the immediate impact
and distant views of the development.
The proposed development will not have an adverse impact on the transport and highway
network and provides adequate access for all necessary users
The need to maintain land of high agricultural value for food production
Development proposals that may affect farmsteads and their setting should be assessed using the
relevant evidence base including the farmsteads mapping and landscape characterisation.
Where major residential sites are consented and implemented outside but adjacent to the
settlement boundary they will be excluded from this policy and for the purposes of decision making
on future proposals such as extensions or replacement dwellings will be considered within the built
urban area.”
3.4 Outwoods Neighbourhood Plan 2014-2031 (made 17th August 2015)
(extracts at Appendix 9)
3.4.1 On 17th August 2015 (i.e. after the application was determined), East Staffordshire Borough
Council’s Cabinet resolved that the Outwoods Neighbourhood Plan be “made” and as a result it now
forms part of the Borough Council’s Development Plan. The appeal site is located within the
Appellant’s Statement of Case
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designated Neighbourhood Plan area and is subject to the policies contained within the
Neighbourhood Plan.
3.4.2 Policies RD1 and RD2 are specifically related to the requirements of layout and design of new
residential development. These policies seek to ensure that as applicants seek permission for
reserved matters, the community aspiration for the development will help shape the development.
3.4.3 Policy RD3 deals with the type and tenure of new housing to be delivered and aims to create a mix
of housing types, with the exception of apartments which are not considered appropriate on the
settlement edge.
3.4.4 Chapter 5 of the Neighbourhood Plan relates to Community Facilities and states that Education has
been a key issue of importance for the community. Policy CF1 supports planning applications which
ensure that new school places, at both primary and secondary school level, are provided to help
meet both existing and growing needs. Para 5.4 states that development of schools outside existing
allocations for development will be resisted by the Parish Council as it is considered inappropriate to
utilise more of the urban fringe green setting to build schools. It is noted here that this policy is
now in conflict with the more recently adopted Local Plan Policy SP10.
3.4.5 There are no policies in the Neighbourhood Plan which seek to direct spatial growth or are related
to the supply of land for housing. There is therefore no aspect of the Neighbourhood Plan which
the outline proposals could be in conflict with. There is no conflict alleged with the Neighbourhood
Plan.
3.5 Other Material Considerations
National Planning Policy Framework (NPPF) (2012)
3.5.1 National planning policy is now embedded in the National Planning Policy Framework (NPPF or the
Framework).
3.5.2 The NPPF establishes that the purpose of planning is to contribute to the achievement of
sustainable development (paragraph 6) and identifies three pillars to sustainable development:
economic, social and environmental. These dimensions require the planning system to perform a
number of roles:
An economic role – contributing to building a strong, responsive and competitive
Appellant’s Statement of Case
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economy, by ensuring that sufficient land of the right type is available in the right
places and at the right time to support growth and innovation; and by identifying and
coordinating development requirements, including the provision of infrastructure.
A social role – supporting strong, vibrant and healthy communities, by providing the
supply of housing required to meet the needs of the present and future generations;
and by creating a high quality built environment, with accessible local services that
reflect the community’s needs and support its health, social and cultural well being;
and
An environmental role – contributing to protecting and enhancing our natural, built and
historic environment; and, as part of this, helping to improve biodiversity, use of
natural resources prudently, minimise waste and pollution, and mitigate and adapt to
climate change including moving a low carbon economy.
3.5.3 At the heart of the NPPF is the presumption in favour of sustainable development, which should be
seen as a golden thread running through both plan-making and decision-making (para 14) with
LPA’s approving development proposals that accord with the development plan without delay.
3.5.4 Framework para 8 makes it clear that these roles do not operate in isolation of each other, because
they are mutually dependant. That is, they need to be addressed together and as part of a
balancing exercise, as there are many over lapping factors to their operation. This need to address
the “planning balance”, is well illustrated in the recent “Award of Costs” letter in respect of an
appeal in Shipston on Stour (APP/J3720/A/12/2185727) where the Inspector concluded at para 10;
“At the time of the Regulatory Committee’s decision the Council failed to adequately explain why it
had not followed its officer’s advice, and failed to demonstrate how it had assessed the planning
balance. Even at appeal stage, for the reasons set out in the Appellant’s submission, evidence of
the Council’s balancing exercise has been limited. Although the balance included judgements on
character and appearance, this was only one part of the exercise, which involved much more. The
Council’s shortcomings in this respect are unreasonable.”
3.5.5 The importance of undertaking the above exercise is also highlighted within the Award of Costs
Decision for the Phase 1 scheme at Red House Farm, Burton Upon Trent
(APP/B3410/A/13/2197299) which lies adjacent to the application site and confirms.
“In the above circumstances, I find that the Council has acted unreasonably in pursuing its stance
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
21
that it can demonstrate a 5 year housing land supply in accordance with the Framework.
Furthermore, in reaching its decision it has placed weight inappropriately on ESLP Policy NE1, which
it has accepted is out-of-date. As such, the application should have been determined having regard
to the balancing exercise as required by paragraph 14 of the Framework when relevant policies of
the development plan are out-of-date.” (para 26).
3.5.6 In essence, the application of the balance is an exercise which seeks to understand the
disadvantages of any scheme, but then look to examine whether these disadvantages are
outweighed by the benefits/ advantages arising. It is an acknowledgement that ‘sustainable
development’ is a complex concept and that not every aspect of every scheme will be wholly
advantageous, but it allows for examination of proposals “in the round”.
3.5.7 Para 17 of the Framework establishes 12 core principles, which in summary, confirm that planning
should:
• Be plan led
• Enhance and improve places
• Drive and support sustainable economic development
• Seek and secure high quality design
• Respect the character of areas and protect the green belt
• Support transition to a low carbon economy
• Conserve and enhance the natural environment
• Encourage the use of brownfield land
• Promote mixed use developments
• Conserve heritage assets
• Maximise use of sustainable transport opportunities
• Meet social and cultural community needs.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
22
3.5.8 The Core Principles of the NPPF confirm the Government’s commitment to drive and support
sustainable economic development in order to boost significantly the supply of housing and thriving
local places that the country needs. The NPPF also encourages the effective use of land (para 111).
3.5.9 Para 47 of the Framework, requires local planning authorities to “boost significantly the supply of
housing”. Local planning authorities should be able to meet the full needs for market and affordable
housing. Where there has been a persistent record of under delivery, as there has been and
continues to be in East Staffordshire, a buffer of 20% should be added to the calculation of housing
land supply. This is essential to provide a realistic prospect of achieving the planned supply and to
ensure choice and competition in the market for land.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
23
4.0 Planning Assessment
4.1 Context
4.1.1 This appeal is notable in that neither of the 2 Reasons for Refusal identify how harm would be
caused through the grant of planning permission. Rather, the only basis for refusal is an alleged
conflict with policy. There is no explanation as to how that ‘conflict’ gives rise to planning harm.
Through the methodical analysis set out below, it is established following an examination of the key
issues in this case, that there would be no harm caused through the grant of planning permission,
that neither the Framework nor the recently adopted Local Plan seek to limit or prevent sustainable
development, that there are significant planning benefits to be gained through the grant of
planning permission, and that notwithstanding the Council’s claimed 5 year supply of housing land,
they continue to fail to deliver housing against the requirement and there is no sound basis for the
refusal of planning permission.
4.1.2 In consideration of these matters attention will be drawn throughout, to the significant areas of
agreement between the parties, most notably reflected by the very limited grounds of Refusal and
the Officer’s report to planning Committee (Appendix 5, para 12.1) which notes; “…it is concluded
that the site is sustainable when assessed against the three dimensions of sustainable development
namely, economic, social and environmental.”
4.1.3 The analysis addresses the following series of questions;
1) Is there any technical impediment to the delivery of the site?
2) Is the site in a sustainable location?
3) Does the Framework or adopted Local Plan create a ceiling on the provision of Sustainable
Development, is there any aspect of the Neighbourhood Plan which supports refusal?
4) Are the Development proposals in themselves sustainable?
5) What are the benefits of granting planning permission?
6) Do the Reasons for Refusal provide a credible basis for refusing planning permission?
7) Would any material harm be caused by the grant of planning permission?
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
24
4.2 Is there any technical impediment to the delivery of the site?
4.2.1 The application was made comprehensively, and whilst only submitted in Outline, was accompanied
by a full range of technical reports. These included analysis related to, Design & Access,
Arboriculture, Archaeology, Energy, Waste, Service provision, Flood Risk, Landscape and Visual
effects, Noise impact, Travel Plan, Environmental Risk, Transport impacts, Sustainability, Ecology,
Affordable Housing & Open Space. There was also an applicant Statement of Community
Involvement and Planning Statement submitted, although these went to process rather than
technical merits.
4.2.2 In respect of all of the submitted technical information, Officers concurred (as expressed through
their report to Committee) that there is no technical impediment to the site’s delivery. In the
absence of any element of the reasons for refusal seeking to take issue with the Officer findings on
these matters, it is concluded that there is agreement between the appellant and the Council that
the scheme is technically capable of delivery without impediment, subject only to the imposition of
appropriate conditions and S106 contributions which are addressed in detail in Section 5 of this
Statement.
4.2.3 Specifically, the Inspector will note that the Council sought external professional advice regarding
the applicants submitted LVIA (Appendix 10). The detail of this is addressed at paras 11.3.7 –
11.3.11 of the Officer Report to Committee (Appendix 5). The applicant’s LVIA concluded that
upon completion, landscape impacts would be minor/beneficial, and the residual visual impacts
would be negligible. Officers noted that “The Council’s landscape consultant has assessed this
scheme and suggests that it is a robust assessment and the conclusions are valid.”
4.2.4 Similarly, it is noted that Highway Considerations (addressed at paras 11.5.1 – 11.5.7 of the
Officer’s report and also Section 5.0, sub-section 4.1, Appendix 5), confirm that the County
Council as Highway Authority did not raise an objection to the proposals, with Officer’s concluding;
“The proposal therefore satisfactorily complies with the aforementioned policies and the
sustainability requirements of the NPPF.”
4.2.5 Given the apparent agreement on technical matters, no further detail is drawn out here, but the
appellant reserves the right to make additional comment should the LPA or any 3rd party, seek to
raise an issue ‘de novo’ on these grounds through the appeal process.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
25
4.3 Is the site in a sustainable location?
4.3.1 The site is sustainably located. This is not apparently a matter in dispute between the appellant and
the Council, the general location of development here was also found to be sustainable by the
Secretary of State in determining the appeal into the Phase I proposals, for which Reserved Matters
approval has now been sought, and the Local Plan Inspector considered the site a ‘logical
extension’ to the Phase I land.
4.3.2 The Officer’s Committee Report concludes that; “…the site is sustainable…trips to local services and
facilities will need to be made, these can be undertaken by foot or cycle…Officers conclude that the
site is sustainable despite the gradients involved and concern over accessibility for all residents to
the site…” (para 12.2 and 12.5, pages 26 and 27 of the Committee Report, Appendix 5).
4.3.3 The Secretary of State concluded at para 15 of his decision in respect of the Phase I land, that he;
“…is satisfied that the appeal site is in a sustainable location for housing development, and that, as
the adverse impacts of granting planning permission would not significantly and demonstrably
outweigh the benefits when assessed against the Framework taken as a whole, he does not
consider that there are any material considerations of sufficient weight to justify refusing planning
permission.” (WYG emphasis) (Appendix 4)
4.3.4 The Inspector with regard to the recent Local Plan concluded at para 108 of his report (Appendix
16) that; “…It is also recognised that several alternative sites appear to provide a logical extension
to sites already permitted, for example at Red House Farm or Harehedge Lane…” (WYG emphasis).
However, he went on to conclude that to include such sites (which to his mind appeared logical
extensions) “…would result in a considerable period of delay during which the Plan strategy would
continue to be undermined…”. That is, the Local Plan Inspector chose not to seek the appeal site’s
allocation at this time having regard to matters related to timetable, not to the planning merits or
otherwise of this specific counter proposal, which he saw as a ‘logical extension’.
4.3.5 Existing bus services are within 500m from the site located at Shobnall Road and Lower Outwoods
Road (Hospital), which will be improved further by the bus link to be delivered as part of the
adjacent Phase I residential proposals (see Section 9.2 of the Transport Assessment submitted with
application). Numerous amenities including local schools, retail, commercial, business and leisure
facilities are also located within walking distance of the site (see Section 9.1 of the Phil Jones
Associates, Transport Assessment submitted with application).
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
26
4.3.6 The indicative masterplan for the site has therefore accommodated this form of travel which will
increase connections to and from the Shobnall and Outwoods Area and access to Queen’s Hospital.
4.3.7 The connectivity of the site will be improved through an enhanced public right of way (see Section
9.3 of the Phil Jones Associate’s Transport Assessment submitted with application) which connects
with the surrounding permissive routes and cycle links, encouraging the use of sustainable modes
of transport in this location and increasing access to the open countryside. The public right of way
will benefit from widening and further landscaping which will connect with the permissive routes
which lead down to Burton. It is noted that the existing permissive route which runs between the
site and Burton is steep in parts and will therefore be re-aligned and re-graded to provide a gentler
route for users.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
27
4.4 Does the Framework or adopted Local Plan create a ceiling on the
provision of Sustainable Development, is there any aspect of the
Neighbourhood Plan which supports refusal?
4.4.1 Para 47 of the Framework contains the injunction to local authorities to “boost significantly the
supply of housing”. Whilst the second bullet point of para 47 states that in doing this, local
authorities should “provide five years worth of housing against their housing requirements”, neither
here, nor at any other place within the Framework, does it seek to limit authorities to only meeting
five year supply as a maximum target. That is, there is nothing within the Framework which states
that proposals for housing development should be refused simply because a numerical housing
target has been reached. This approach supports sustainable development even where 5 year
housing land supply is met. It is considered by the appellant to be standard planning practice, and
numerous recent appeal decisions confirm as much.
4.4.2 In a recent decision (September 2015) in Davenham, Cheshire (Appendix 11) where there was an
up to date Local Plan the Inspector noted at para 42 of his decision that “whilst the site is not
currently needed in order to ensure an adequate supply of deliverable sites, there is nothing in the
NPPF to suggest that the existence of a five years supply should be regarded as a cap on further
development…”. Similarly, in a further September 2015 Cheshire appeal (Northwich, Appendix 12)
it was noted by the Inspector at para 14 of his decision that “Before embarking on the assessment
of supply it is apposite to understand the position agreed at the inquiry. First, that a 5 year
requirement is not a maximum figure in the context of the NPPF objective to significantly boost
supply. Secondly, it is acknowledged that housing land supply calculations can never be exact”. In
both these examples there was an up to date Local Plan, the Council could demonstrate a 5 year
housing land supply and the sites were outside the defined settlement boundary. They were both
still allowed as they were found to be sustainable and would help the authority in its Framework
para 47 objectives.
4.4.3 In a further decision (Ref: APP/X1545/W/15/3003529, Para 55) in Burnham on Crouch, Essex, the
Inspector concluded “Whilst I have found that the Council can demonstrate a 5 year supply of
housing, this does not count against the scheme. Rather, I attach significant weight to its
contribution to housing even though it would provide additional supply over the minimum sought
by national policy. In doing so I have noted that Inspectors in 2 appeal decisions brought to my
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
28
attention by the appellant, at Hill Top Farm and Chinnor, adopted a similar approach in broadly
comparable circumstances.”
4.4.4 It is quite clear therefore, from reading the Framework taken as a whole that there is no ceiling or
cap proposed by it upon the provision of sustainable housing development.
4.4.5 The East Staffordshire Local Plan 2012-3031 provides a strategic basis for assessing the housing
requirement over the plan period. The objectively assessed housing need is established at Strategic
Policy 3 and the accompanying text 3.12-3.16, the housing trajectory is illustrated at Figure 3.1 and
para 3.49 -3.51 and Strategic Policy 6 address the issue of the release of housing and employment
land.
4.4.6 Nowhere within any of these policies and supporting text is there an intent expressed by the
Council to either cap or limit the release of housing land directly to the OAHN figure. Strategic
Policy 4 describes the Development Requirement for Burton as a “minimum” targets. Moreover, had
there been any such an attempt, this would have been in conflict with the NPPF para 47 injunction.
It is specifically noted that Strategic Policy 6 (Appendix 8) and its accompanying text in
addressing how the Authority will manage the release of housing land seek solely to deal with
issues arising from future undersupply of housing or failure to deliver associated infrastructure.
They do not seek to promote a phased or otherwise managed release of land during the plan
period, such phasing would have been open to the authority as an option to justify, if they had felt
it necessary.
4.4.7 However, in the current circumstances the Local Plan has had to use the device of a stepped
trajectory whereby the early years of the plan period have lower proposed delivery rates than have
the later years of the plan period. This reflects under delivery since 2012, and the inability of the
Council to have demonstrated a five year supply without being able to step down for the early
years. In these circumstances a phasing policy would have been difficult to justify.
4.4.8 It is of note that since the start of the plan period, even with the stepped down target of 466 dw/yr
for the period 1st April 2012 to 31st March 2018 (rising to 682dw/yr post 2018), the Council’s
delivery for the first three years of the plan period has been 270dw, 234dw, and 352dw (source:
Housing Pipeline as at 30 September 2015; Appendix 13). That is, there has not yet been a single
year the new plan period when the Council have delivered their housing requirement. This is
particularly material given the importance the Inspector at Davenham attached to the issue of
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
29
under provision in similar circumstances. Concluding in para 42 of this decision referred to above
(see also Appendix 11) “… given the need to deliver affordable homes in the area and the fact
that recent levels of provision have been below identified requirements, I attach significant weight
to the social and economic benefits with the proposal.”
4.4.9 It is also noted that for the first 6 months of the current year (target 466/2 = 233 dw/yr), the
Council have only delivered 202 dwellings. Attached at Appendix 13 is the Council’s latest
statement on 5YLS. Whilst, for the purpose of the appeal my client does not challenge the figures,
it is noted that by the Council’s own data, they;
a) only claim an excess over the 5 year period of some 310 dwellings. That is, it is a marginal
“oversupply” such that if any of the critical delivery assumptions fail, the Authority may be
struggling with housing land supply again;
b) by coincidence, the undersupply which has already arisen in the first 3.5 years of the plan
period at 688 dwellings is an entire year’s supply of housing land (requirement is 689 dw/yr,
see Appendix 13 the Council’s calculation is on Page 4).
4.4.10 Hence, even though a 5YLS is indicated as a paper exercise, in terms of actual delivery of built
homes on the ground ready for occupation by those in housing need, the Council are falling short
by a considerable margin. This conflicts with the clearly stated aims of the Framework para 47 to
“meet” the need and “achieve the planned supply”. That is, the Framework is focussed on realising
delivery, not simply providing a theoretical supply.
4.4.11 From an examination of the policies, the supporting text and delivery rates achieved to date, there
is no basis on which to conclude that the Local Plan provides a ceiling on the provision of
sustainable development, neither would this be justified. Indeed, the provision of additional housing
land in these circumstances with its associated affordable housing and other benefits as set out
elsewhere in the Statement, weigh significantly in favour of the grant of planning permission for a
scheme which is in all other respects agreed as sustainable by the Local Planning Authority. The
weight to be attached to the Council’s demonstration of 5 year housing land supply is limited by the
“oversupply” being marginal and by the failure to have met the plan target at any point during the
first 3.5 years of the plan period, even when the target has been stepped down, to make it easier
to achieve.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
30
4.4.12 The Inspector will be aware that the Outwoods Neighbourhood Plan 2014-2031 was made in
August 2015. The Plan provides Development Management policies on transport and access,
community facilities, residential development policies and Landscape and Recreation. The Plan does
not seek to provide policies related to the supply or spatial distribution of housing and therefore
does not present any limitation or cap on the supply of housing at the appeal site.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
31
4.5 Are the Development proposals in themselves sustainable?
4.5.1 It is the appellant’s understanding that there is in fact agreement between themselves and the
Council that the development proposals themselves (not just the locational aspects of the site) are
sustainable.
4.5.2 In reaching this conclusion, regard has been given to both the Officer’s report to Committee
(Appendix 5) and two Reasons for Refusal. Neither of the Reasons for Refusal raises objections on
the basis that the development is inherently unsustainable, nor that it fails to meet any technical
standard.
4.5.3 More specifically, the Officer’s report to Committee confirms at Para 1.4 notes that “It is concluded
that the site is sustainable when assessed against the three dimensions of sustainable development
namely economic, social and environmental. In respect of the current proposal the principal
elements of sustainability to be taken into account are: the importance of providing a supply of
housing to meet the needs of present and future generations ensuring accessibility to local
services; creating high quality built environments; protecting and enhancing the natural
environment; and safeguarding the amenities of existing communities.”
4.5.4 For the appellant, the issues of sustainability and particularly the three threads of social, economic
and environmental sustainability, were addressed in summary at paras 5.37-5.52 of the supporting
Planning Statement, and at Section 3.7 of the Design and Access Statement. These are not
repeated here, but the Inspector is invited to read them.
4.5.5 As noted in Section 4.2 above there is no technical impediment to the site’s delivery, again a matter
which is addressed in the Officer’s report to Committee. In addition to the principle of development,
Officer’s specifically addressed the issues of, Design and Impact on the Character and Appearance
of the Area, Impact on Residential Amenity, Highway Considerations, Flood Risk, Contamination,
Ecology, Affordable Housing, Education, Play Equipment, Refuse and Waste Collection and
Archaeology.
4.5.6 In every respect the appeal proposals were found to be acceptable with Officer’s concurring
variously that;
Sustainability - “…a scheme of the form proposed would be considered acceptable… a
suitable development can be achieved on this site” (11.3.12),
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
32
Amenity - “it is considered that the proposals satisfy accord with the sustainability
requirements of the NPPF by providing acceptable living conditions for both new and
existing residents” (11.4.4),
Highway - “…subject to conditions and Section 106 Agreement…the proposal would not
prejudice the safe and efficient use of the highway network. The proposals therefore
satisfactory complies with the aforementioned policies and sustainability requirements of
the NPPF” (11.5.7).
Drainage - “…in respect of drainage, it is considered the scheme accords with the relevant
policies and sustainability requirements of the NPPF” (11.6.4),
Biodiversity - “Subject to compliance with suggested conditions, the development should
result in a net gain for biodiversity in the area and not impact adversely on any European
protected specifies.” (10.8.3, page 22/23),
Affordable Housing - “…the applicant proposes to comply with this [affordable housing]
requirement…the affordable housing mix within the site is to be secured via the section 106
Agreement” (10.9.3),
Education Facility - “…the developer meets the requirements of the County Council in
relation to the necessary provision of education facilities linked to this development”
(11.10.3, page 23).
Play Equipment - “The site proposed to be developed with one local equipped area of
play…in accordance with the Fields Interest Guidance” (11.11.1),
Archaeology – It is noted that archaeology can be addressed through suitably worded
conditions (11.13.2).
4.5.7 Just as the applicant had sought to address the three threads of sustainability so did the Officers at
12.2-12.5 of their Committee Report concluding that, inter alia, “the development would contribute
positively tothe Government’s aim of boosting the supply of housing including affordable housing …
there are obvious [economic] benefits associated with new development”, and whilst it is noted
that the proposals would result in the loss of countryside with some landscaping impact it is
concluded that “…the benefits of the proposal outweigh this loss and landscape impact will be
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
33
softened over time”.
4.5.8 On the issue of the sustainability of the proposals, therefore, these have been extensively
addressed by the supporting information submitted with the application and in the Council’s own
assessment in the Officer report to Committee. It can be clearly concluded that the application
proposals themselves constitute sustainable development when assessed against the policies of the
Framework as a whole.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
34
4.6 What are the benefits of granting planning permission?
4.6.1 The benefits of granting planning permission are addressed in the Planning Statement supporting
the application 5.19-5.36. As with those matters pertaining to sustainability, they are not all
repeated here, however, there are three specific benefits arising which do warrant additional
commentary. These are;
Education
Hospital Parking
Affordable Housing
Education
4.6.2 There is an acknowledged issue with the provision of education facilities within the Borough and
specifically at Burton. This was explored through the recent Local Plan process with the County
Council looking for the Authority to make positive allocations of land, but ultimately, with the Plan
Inspector being satisfied that there was sufficient flexibility within the Strategic Policy 10 to enable
sites to come forward on an ad hoc basis once identified.
4.6.3 By way of background information, the Inspector is invited to consider the County Council’s Hearing
Statement to the Local Plan examination dated 6th October 2014 attached at Appendix 14. Also, a
letter submitted by the County Council to the Borough Council dated 20th June 2014 summarising
the County Council’s concerns about education provision having regard to various capacity and site
search studies that had been undertaken (Appendix 15). Reference is also made to para 135-140
of the Inspector’s Report on the examination of the East Staffordshire Local Plan 7th October 2015
(Appendix 16).
4.6.4 In summary, the County Council’s concern is that significant new residential development has been
either planned for or consented within the Borough, and specifically within Burton on Trent without
adequate provision of education infrastructure to support its delivery. The County Council as
education authority has a statutory duty under the Education Act 1996 to meet the education needs
of its resident population. The County have specifically identified both the north and west of Burton
upon Trent to be deficient in education facilities. They have also through their extensive site
searches noted the difficulty in identifying any available or deliverable site to meet that need. As
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
35
part of this application/appeal, the Appellant has agreed Heads of Terms with the County Council
Education Department for the transfer of land within the Appellant’s control at a nominal cost to
meet some of the identified primary school need. Letters confirming the agreement reached, and a
plan identifying the land involved, are attached at Appendix 17. The transfer of the land is
triggered by the grant of planning permission on the Phase II land. There would therefore, be a
significant benefit arising from the grant of planning permission in helping to address the needs of
the County Council education department through the practical delivery of land for the purposes of
education. In addressing the education merits in detail therefore, the Inspector is invited to read
the County’s June 2014 letter at Appendix 15. In particular, page 2 which confirms “Given the
spatial distribution of the new housing proposals and location of the current schools sites,
Staffordshire County Council are of the view that the authorities will need to secure options for new
primary schools; one located to the north of Burton upon Trent settlement boundary, and another
to the west of the Burton upon Trent settlement boundary. It is suggested that the two authorities’
will need to jointly approach the landowners of at least two of the possible site locations in order to
determine if we can secure a solution to the infrastructure need.”
4.6.5 This concern was further considered in the County Council’s representations to the Local Plan
where they urged the Authority to identify specific land for education provision, and to recognise
that land would be required outside of settlement boundaries to meet this need. The detail of this
consideration is addressed in the County Council’s Hearing Statement to the Local Plan attached at
Appendix 14 which in summary confirms both the need for additional facilities and the problems
experienced in identifying land.
4.6.6 The Local Plan Inspector addressed these matters at the Local Plan examination and concluded in
para 140 of his report (Appendix 16) that “…it is important to ensure sufficient flexibility to avoid
precluding any suitable and accessible greenfield sites for additional schools, and a new secondary
school in particular, even those detached from settlement boundaries, given the known lack of
suitable urban sites….despite concerns that such proposals could still be constrained by the terms
of SP8 on development outside settlements, SP8 is itself adequately flexible in its criteria for
permitted them in appropriate circumstances” .
4.6.7 The appellant has sought to find a suitable mechanism to deliver the land with the County Council’s
Education Department, and conscious of the fact that it will be for the County Council to secure
their own planning permission, have agreed that it is also necessary to have a fall back position of a
financial contribution in the event that such planning permission is not forthcoming. This approach
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
36
was both agreed by the Borough Council and County Council, the detailed mechanism of which is
set out in the following section of this Statement, and is also addressed in para 10.10 (page 23) of
the Officer’s Report to Committee (Appendix 5) and Section 11.13.2 of the same.
4.6.8 The appellant contends that the delivery of a site for primary education is a significant and material
benefit of the scheme given the documented problems that the County Coucnil’s Education
Department have faced in addressing the acknowledged need, and is a matter which weighs very
heavily in the grant of planning permission when considering the sustainability of benefits of the
appeal proposals as part of the “social” thread of sustainability.
Hospital Car Park
4.6.9 There is a recognised local concern regarding overspill car parking from the Queen’s Hospital on
the immediately surrounding residential streets. In part this is recognised in the County Council’s
response as Highway Authority to the planning application, and was reported in the Officer’s
Committee Report (Appendix 5) at Para 11.5.2. More generally, the matter has been the subject
of recent local press articles and editorial comment (Appendix 18) where the Head of Facilities for
Burton Hospitals NHS Foundation Trust is quoted as saying “We recognise that car parking capacity
at our Queen’s site needs improving for staff, patients and visitors, and we are therefore looking at
all the options available to us to find a solution.”
4.6.10 The article dated 3rd November 2015 confirms that consideration is being given to provision of
multi-storey car parking on the site, reference was also made to the applicant’s offer to assist
funding its provision in the amount of £500,000. Editorial comment from the same date notes that
such proposals would be welcomed stating “This has been an issue for far too long, but one that,
soon, could be a thing of the past, much to the relief of many.”
4.6.11 As part of the application proposals, and in recognition of the proposed new access road removing
some of the existing Hospital site parking (for which an agreement exists with the Hospital) the
application included an area of land to create replacement new parking provision on the appeal
site. It was intended that this could be made available for staff thereby maximising the potential
visitor parking closer to the hospital main entrance. During consultation on the planning application
the Hospitals’ Trust raised objection to issues related to the replacement car parking. After further
consultation between the applicant and the Hospitals Trust, and an understanding of the Hospital’s
longer term proposals for a revised site wide parking strategy, agreement was reached with the
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
37
Trust which enabled them to withdraw their objection and support the application. This involved
supplementing the replacement car parking with an additional financial contribution of £500,000 to
enable the Trust to review parking arrangements across its Estate and implement an appropriate
alternative solution, in the long term interests of the Trust, its patients and visitors. This was
conveyed to the Borough Council in a letter dated 4th June 2015 (Appendix 19).
4.6.12 On the 15th July 2015 in advance of the Council’s Planning Committee the Burton Hospitals NHS
Foundation Trust Director of Human Resources, Roger Smith, wrote to Members of the Council’s
Planning Committee (Appendix 20) setting out the Trust’s support for the application proposals
noting:
“Clearly car parking for the Trust has been a significant concern and we have been actively looking
for a strategic solution to this problem. With this particular development the outcome that has been
negotiated does give us a significant opportunity to be able to achieve this in the medium term.
The aim for us all is to try and continue to improve the patient experience and also to resolve some
of the local residential parking issues that have emerged.” (WYG emphasis)
4.6.13 The provision of the replacement hospital parking and £500,000 funding to the Hospitals Trust to
help resolve a long standing local issue as part of the appeal proposals represent a very significant
planning benefit arising from the appeal scheme to which significant weight should be attached
when considering the advantages of the appeal proposals in the planning balance. The whole
hearted support from the Hospitals Trust no doubt reflects their concerns over the ability to fund
such improvements from the public purse, in the face of ever challenging NHS budgetary
constraints.
4.6.14 By way of final comment on this issue it is noted that no objection was raised by the Borough
Council or the County Council as Highway Authority, to the suggested mechanism for resolving the
Hospital’s parking concern.
Affordable Housing
4.6.15 The delivery of affordable housing is seen as a significant benefit arising from the scheme and is
wholly consistent with the Council’s adopted policy for the Borough. The appeal proposals will
provide for much-needed market and affordable housing. Not only will this address the
Government’s objectives in terms of boosting the economy and significantly boosting the supply of
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
38
housing, it also performs an important social function in meeting today the housing needs of the
locality.
4.6.16 The Borough Council’s Housing Strategy (Appendix 21) confirms (para 2.5) that an adequate
supply of new housing will be essential to ensure that needs can be met and that prices do not rise
such as to make housing more unaffordable. This acknowledgement that the Council’s policy is to
rely on their supply of affordable housing from new market housing emphasises the important role
of the appeal site in providing much needed affordable housing where there is an acknowledged
shortfall in delivery. It is acknowledged by the Council that other sources of public funding are not
expected to be available (with the exception of Disabled Facilities Grants).
4.6.17 The provision of social housing on site will contribute towards the high level of need identified in
the Borough, estimated to be 159 units per year (Figure 8.14 of the Strategic Housing Market
Assessment 2014) (Appendix 22). Figure 8.31 confirms a residual requirement in the plan period,
of some 1,483 affordable houses. Thus, any contribution which be made is a matter to which great
weight should be attached. The applicant is proposing 45 dwellings, being policy compliant at 30%,
be provided.
4.6.18 This is a matter to which significant weight should be attached in the planning balance; as
recognised in at Mickleton, Gloucestershire (Appeal Ref: APP/R3650/A/14/22231115 (Appendix
23). Para 62 of the decision states “I have found that a 5-year supply of deliverable housing land is
likely to exist, given the level of ‘objectively assessed housing need’ that I find likely to suffice.
Even so, I consider that the provision of some 45 units (50%) as affordable dwellings would make
an important contribution to addressing the ‘affordability gap’ evident in the District… As the
proposal would represent sustainable development in a reasonably sustainable place, and as its few
adverse impacts would be clearly outweighed by the many benefits of the scheme, I conclude that
this appeal should succeed in accordance with the advice in the Framework, subject to the
conditions listed in the attached schedule.”
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
39
4.7 Do the Reasons for Refusal provide a credible basis for refusing planning
permission?
4.7.1 Within this section of the Statement consideration is given to the specific policy objections raised
within the two reasons for refusal notwithstanding the fact that no broader harm is alleged to arise
as a result of those objections.
4.7.2 Starting first with Policy NE1 of the 2006 Local Plan, this is now a matter only of historic interest,
because upon adoption of the 2012-2031 Local Plan, the saved policies of the 2006 Local Plan were
all superceded. This is confirmed by the Council’s Adoption Statement dated 15th October 2015
(Appendix 7). In any event, Policy NE1 was a policy for the supply of housing, which was a matter
as confirmed by the Inspector considering the Phase I appeal and noted in para 3.2.3 above, the
Council agreed at the Phase I Inquiry was out of date. It was therefore a surprise that the Council
continued to seek to rely upon it in Reason for Refusal 1 in this application. Given that the plan has
now been superceded, however, it is assumed that it will be common ground between the
appellant and the Council that this policy is no longer material to the determination of this appeal.
4.7.3 Strategic Policy 8 deals with development outside settlement boundaries. It is acknowledged that,
notwithstanding the representations which the appellant made through the Local Plan process to
the redrawing of the settlement boundary to go around the outer edge of the Phase I land (and
have enclosed the land within the new settlement boundary), the Local Plan Inspector chose to
allow the Council to maintain the boundary along its current alignment. This was notwithstanding
his verbal observations that it would have been logical to reflect the new settlement boundary in
real terms.
4.7.4 As noted above, the Inspector whilst viewing this appeal site as a ‘logical extension’ to the Phase I
permission, and being a site which will wholly fall within the new urban boundary, did not as a
matter of fact, find that the issue was critical to the soundness of the whole local plan. The
boundary therefore remains the same as it did at the time of the 2006 Local Plan ignoring the
effect of more recent approvals and development.
4.7.5 However, the Authority did acknowledge through the Local Pan process, that the consequence of
their not redrawing the boundary around the outer edge of the Phase I application was that any
application for minor householder works on the Phase I site, would fall to be considered as
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
40
development within the open countryside, against which there would have been an ‘in principle’
objection under Policy SP8.
4.7.6 Rather than redraw the settlement boundary limit however, the Council instead through Main
Modification 29 of the Local Plan (Appendix 24) inserted a clause to Policy SP8 in the following
terms “Where major residential sites are consented and implemented outside but adjacent to the
settlement boundary they will be excluded from this policy and for the purposes of decision making
on future proposals such as extensions or replacement dwellings will be considered within the built
urban area.” (WYG emphasis)
4.7.7 It is difficult to escape the conjecture that this convoluted policy response, rather than simply
recognising the new settlement boundary for Burton formed by the Red House Farm Phase I
Secretary of State approval and re-drawing the settlement boundary, was a means of avoiding an
acknowledgment that in every sense the appeal site forms part of the urban settlement of Burton.
Once the Phase I proposals are implemented the appeal site will be seen in a settlement context
which is neither “open” nor “countryside”. Attached at Appendix 3 is a plan which demonstrates
the relationship of the appeal site as it will sit upon implementation of the Phase 1 development, it
clearly illustrates the urban setting and context that the site possesses.
4.7.8 This is explicitly recognised within both the submitted LVIA (see para 8.2-8.3 for example where
the site is described as lying within the existing settlement/built area), and the Council’s own
consultant’s review (Pegasus Landscape Design, 12 February 2015 Ref: BIR.4760) of the LVIA in
which they confirm that the applicant’s description of the application site and surroundings is
thorough and correct (Para 4.2), and also their Para 8.6 where they confirm that the site
demonstrates a “relative degree of separation between the main site and the countryside to the
west”, along with acknowledging the impact of “the urbanised influence of its [the site’s] immediate
setting; and also the future baseline scenario which would see Phase 1 create a residential edge
along the top of the ridge line” (Appendix 16). Finally, the reality of the site setting is implicitly
acknowledged in the summary conclusions reached within the Officer’s Report to Committee (Para
11.3.10 – 11, Appendix 5) where it is accepted that the appellant’s submissions addressing its
urban setting in the LVIA, provide “a robust assessment and the conclusions are valid.”
4.7.9 The Council have, therefore, created a policy position where peculiarly the Phase I development will
be treated in policy terms through Policy SP8 as being “within the built urban area”, but land wholly
enclosed by it and between it and the Town more generally is treated as open countryside, this
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
41
notwithstanding the Council’s own landscape analysis which confirms the site’s urban influence and
residential setting. This seems to be a confused policy response to an application which the
Council’s own Officer’s acknowledge constitutes sustainable development, and is a conclusion which
no part of the Reasons for Refusal contradict.
4.7.10 Strategic Policy 2 confirms that development will be directed towards the most sustainable locations
in accordance with a settlement hierarchy which Burton upon Trent sits atop. There is nothing, per
se, within this policy proposition that the appeal proposals conflict with. The Site falls squarely
within the urban context of Burton upon Trent, and Burton is at the top of the settlement hierarchy.
The application site is acknowledged by the Council as being a sustainable location and was
similarly concluded to be a sustainable site in the Secretary of State’s assessment of the Phase 1
proposals. The sole “conflict”, which arose is the degree to which the site is viewed as falling within
the urban settlement. Whilst as a matter of fact, the Site falls beyond the settlement boundary as
defined by the Local Plan, in the context of the merits of the appeal when considered against the
material considerations of the Framework as a whole, then the weight to be attached to that part
Strategic Policy 2 is considered minimal, the more important element being that the proposals
comply with the clear thrust of the Settlement Hierarchy being on land within the urban settlement
of Burton, and Burton being the main focus for new development within the Borough.
4.7.11 Strategic Policy 4 confirms that in addition to the allocated sites, the Council need to identify a
minimum requirement of 1,359 dwellings within the Main Towns of Burton and Uttoxeter. Again,
as with Strategic Policy 2, the only alleged conflict with this specific aspect of the appeal proposals
is whether or not the site falls within the defined settlement boundary. That is, there is no alleged
breach or conflict with the housing requirement number, nor is it alleged that the grant of consent
would somehow undermine the distribution strategy, it is simply a “technical” breach related to
whether the appeal site is viewed as forming part of Burton urban area, or the open countryside.
For the reasons set out in relation to SP2 above, the weight to be attached to this conflict should
be minimal, notwithstanding the recent adoption of the Local Plan.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
42
4.8 Would any material harm be caused by the grant of planning permission?
4.8.1 As noted throughout this statement, the Council’s reasons for refusal in this case are weak because
they fail to identify any single element of planning harm that would arise through the grant of
planning permission.
4.8.2 The appellant acknowledges that with both the recently adopted Local Plan and the Council’s
position on 5 year housing land supply, the presumption in favour of sustainable development
contained in Para 14 of the Framework is not engaged. However, the Framework as a whole,
remains a material consideration and as para 11 confirms, material considerations may indicate that
applications should not be determined in accordance with the development plan. The two recent
Cheshire appeals (Appendix 11 and 12) are both examples where development which has been
demonstrated as sustainable and where there was an absence of material harm, have been allowed
(notwithstanding an up to date Local Plan and demonstrable 5 year housing land supply) because
the material considerations raised by the Framework support the delivery of sustainable
development such that those considerations outweigh any development plan conflict. Specifically
at Northwich (Appendix 12) the Inspector concluded at Para 68 of his decision “In my judgement
none of these matters establishes that there would be harm which would be significant or
demonstrably outweigh the benefits, the most significant of which include housing provision,
affordable housing provision, and improvement to the highway network. The material
considerations in support of the development are such that they outweigh any development plan
conflict. It follows that the appeal should succeed.”
4.8.3 In this appeal, the material benefits in granting permission are significant and are addressed
extensively in the application and appeal documentation. Key elements of which include provision
of market housing (against an entire year’s under delivery in the first 3.5 years of the plan period),
provision of affordable housing, provision of land for a new primary school, provision of funding to
the Queen’s Hospital’s issues relating to car parking, and an agreed net gain in biodiversity and the
documented economic benefits.
4.8.4 There is a significant failure on the part of the Council to have identified any harm which would
arise from the grant of planning in their Reasons for Refusal. Given the substantial agreement
reached on the technical planning and sustainability merits of the application/appeal, which is fairly
reflected in the Officer’s report to Planning Committee, it is unsurprising that no material harm
could be identified.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
43
5.0 Planning Conditions and Obligations
Planning Conditions
5.1 As set out in the Planning Statement accompanying the application, a number of matters would be
expected to be conditioned as part of any outline planning approval. The appellant has proposed
the following conditions:
1. Details of the appearance, landscaping, layout, and scale, (hereinafter called ‘the reserved
matters’) shall be submitted to and approved in writing by the local planning authority before
any development begins and the development shall be carried out as approved.
2. Application for approval of the reserved matters shall be made to the local planning authority
not later than three years from the date of this permission.
3. The development hereby permitted shall begin no later than two years from the date of
approval of the last of the reserved matters to be approved.
4. The development hereby permitted shall be carried out in accordance with the principles of the
Design and Access Statement (Ref: INCLA_N0239(100)001) and the approved plans.
5. No development shall take place until details of any phasing of the development hereby
permitted have been submitted to and approved in writing by the local planning authority. The
development shall be carried out in accordance with the approved details.
6. No phase of the development hereby permitted shall take place until samples and details of all
external materials and finishes for that phase (including those for any walls, roofs, windows,
doors, parapets and chimneys) have been submitted to and approved in writing by the local
planning authority at reserved matters stage. The development shall be carried in accordance
with the approved materials and details.
7. No phase of the development hereby permitted shall take place until details of boundary
treatments, including materials, finishes, heights and sections (where there are changes in
topography) for that phase have been submitted to and approved in writing by the local
planning authority. The boundary treatment shall be provided in accordance with the approved
details prior to the first occupation/use of the part of the development to which it relates.
8. No phase of the development hereby permitted shall take place until a scheme for the disposal
of foul and surface waters and an assessment of the hydrological and hydrogeological impacts
for that phase of development has been submitted to and approved in writing by the local
planning authority. The scheme shall include details of how surface water run-off shall not
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
44
exceed run-off from an undeveloped site, Sustainable Urban Drainage systems for storm water
management, compensatory flood storage on site, and details of how the scheme shall be
managed and maintained after completion. The development shall be carried out in
accordance with the approved details prior to the first occupation of any of the dwellings
hereby permitted.
9. No phase of the development hereby permitted shall take place until details of an open space
strategy has been submitted to and approved in writing by the local planning authority. The
open space strategy shall include a short term maintenance management plan for all areas of
open space; all materials to be used in hard landscaping and all fencing and walling. The open
space strategy shall be implemented in full in accordance with the approved phasing scheme
and shall thereafter not be used for any purpose other than as stated.
10. No phase of the development hereby permitted shall take place until a ‘Site Waste
Management Plan’ for that phase has been submitted to and approved in writing by the local
planning authority. The Site Waste Management Plan shall include an implementation
programme and shall be implemented as approved.
11. No phase of the development hereby permitted shall take place and no site works relating to
that phase shall be carried out until details of all slab levels and any regarding of the site have
been submitted to and approved in writing by the local planning authority at reserved matters
stage. The development shall be carried out in accordance with the approved details.
12. No phase of the development hereby permitted shall take place until a contaminated land
assessment, to include the investigation of gas migration, and associated remedial strategy
together with an implementation programme have been submitted to and approved in writing
by the local planning authority. The contaminated land assessment shall include a desk study
that shall detail the history of the site uses and a site investigation strategy based on the
relevant information discovered by the desk study. The strategy shall be approved in writing
by the local planning authority prior to investigations commencing on site. Any site
investigation, including relevant soil, soil gas, surface and groundwater sampling, shall be
carried out by a suitably qualified and accredited consultant/contractor in accordance with a
Quality Assured sampling and analysis methodology. A site investigation report detailing all
investigative works and sampling on site, together with the results of analysis, risk assessment
to any receptors and a remediation strategy shall be submitted to and approved in writing by
the local planning authority prior to any remediation works commencing on the site.
Remediation works shall be carried out in accordance with the approved strategy and under a
quality assurance scheme to demonstrate compliance with the approved methodology and best
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
45
practice guidance. If during the works contamination is encountered which has not previously
been identified then the additional contamination shall be fully assessed and a remediation
scheme and implementation programme shall be submitted to and approved in writing by the
local planning authority. Remediation works shall thereafter be carried out in accordance with
the approved scheme. Upon completion of the works, a closure report shall be submitted to
and approved in writing by the local planning authority. The closure report shall include details
of the remediation works and quality assurance certificates to show that the works have been
carried out in full in accordance with the approved methodology; details of any post-remedial
sampling and analysis to show the site has reached the required clean-up criteria; and details
of what waste materials have been removed from the site.
13. No phase of the development hereby permitted shall take place until a Landscape Management
Plan, indicating a scheme for the long-term management of open space, green infrastructure
and planting within the public realm and details of biodiversity management has been
submitted to and approved in writing by the local planning authority. The open space, green
infrastructure and planting shall thereafter be managed in accordance with the approved
Landscape Management Plan.
14. No phase of the development hereby permitted shall take place until a scheme for the
protection of trees and hedges to be retained in the details of landscaping approved at
reserved matters stage has been submitted to and approved in writing by the local planning
authority. The scheme shall be carried out as approved.
15. No phase of the development hereby permitted shall take place, including any works of
demolition, until a Construction Method Statement for that phase of the development has been
submitted to and approved in writing by the local planning authority. The approved Statement
shall be adhered to throughout the construction period for that phase of the development. The
Statement shall provide for the control of construction noise; the parking of vehicles of site
operatives and visitors; loading and unloading of plant and materials; wheel washing facilities;
measures to control the emission of dust and dirt during construction; the times of working
and deliveries during construction and an implementation programme.
16. No phase of the development hereby permitted shall take place until details of all road
construction, street lighting and drainage, including longitudinal sections and an
implementation programme have been submitted to and approved in writing by the local
planning authority. The development shall be carried in accordance with the approved details.
17. No phase of the development hereby permitted shall take place until a Noise Impact
Assessment, together with details of any noise mitigation measures and an implementation
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
46
programme, for that phase has been submitted to and approved in writing by the local
planning authority. The mitigation measures shall be implemented in accordance with the
approved details and retained for the life of the development.
18. No development hereby permitted shall take place until a detailed mitigation and monitoring
strategy for great crested newts within the site has been submitted to and approved in writing
by the local planning authority. The mitigation measures shall be implemented in accordance
with the approved strategy and retained for the life of the development.
19. No phase of the development hereby permitted shall take place until details of a scheme to
provide vehicular access to the development have been submitted to and approved in writing
by the local planning authority at reserved matters stage. The scheme shall prevent vehicular
access to the development from Reservoir Road apart from by public service and emergency
vehicles. The scheme shall be implemented in accordance with the approved details before the
development is first occupied and retained for the life of the development.
20. Prior to the first occupation of the dwelling to which it relates, accesses, parking and turning
areas for that dwelling shall be provided in a bound material in accordance with details that
shall first have been submitted to and approved in writing by the local planning authority at
reserved matters stage. The bound material shall have a high degree of porosity to reduce the
amount of surface run-off. The accesses, parking and turning areas shall thereafter be made
available at all times for these purposes.
21. The development hereby permitted shall only be carried out in accordance with the
recommendations of the Flood Risk Assessment by M-EC Report Ref: 20939/06-14/3653 Rev
A, dated November 2014, or any subsequent Flood Risk Assessment that has first been
submitted to and approved in writing by the local planning authority.
22. All planting, seeding or turfing comprised in the details of landscaping approved at reserved
matters stage shall be carried out in accordance with a programme of works that shall have
been submitted to and approved in writing by the local planning authority. Any trees or plants
which within a period of 5 years from the completion of the development die, are removed, or
become seriously damaged or diseased shall be replaced in the next planting season with
others of similar size and species unless the local planning authority gives written consent to
any variation.
23. The reserved matters shall include a Transport Master Plan that shall be submitted to and
approved in writing by the local planning authority. The Transport Master Plan shall include
details of a movement framework; connections to the surrounding areas for all modes of
transport; public transport route strategy, including a timetable for implementation and the
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
47
infrastructure; street layout, including measures to restrain the speed of vehicles to 20mph;
and a parking strategy, including the provision of secure cycle parking facilities for each
dwelling. Development shall be carried out in accordance with the approved Transport Master
Plan.
Planning Obligations
5.2 The Appellant is willing to enter into a Section 106 Agreement to secure a number of obligations
relevant to make the development acceptable. The Heads of Terms for the Section 106
Agreement are set out in the Planning Committee report for the refused application (ref:
P/2014/01530), they are repeated in Table 1 below:
Table 1: S106 Heads of Terms
Item Planning Obligation Cost (where
applicable)
Education £600,000 for primary and £420,000 for
secondary and 6th Form (not including the cost
of acquiring the land)
OR the following
Transfer of land of 1 hectare for the purposes
of a new primary school and a financial
contribution of £420,000 towards additional
secondary school places.
Dependent on option.
Affordable Housing The application proposes 45 affordable homes
which is 30% of 150 homes. The applicant
recognises that the whole 30% can be
provided on site
OR, they can elect in line with policy to
provide,
Dependant on option
chosen by Appellant
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
48
15% on site and a commuted sum of
£1,047,081.
Open Space A total of 1.81 hectares on site or an off site
contribution.
1.4ha to be provided on
site.
Refuse Containers Contribution to provide refuse storage
containers at £75 per dwelling
Or provision of appropriate external storage
containers for refuse and recycling collection
(in accordance with the Council’s specification).
£11,250
Highways Capital contribution of £124,500 Burton
Integrated Transport Strategy (reserved for
Outwoods, Horninglow and Eton wards).
Residential Travel monitoring £6,300
Residents Parking £50,000
Total Contribution
£180,800
The NHS Burton
Trusts
£500,000 to facilitate the car park
improvements, of which £300,000 are to be
paid prior to commencement of the works.
£100,000 upon completion of the 25th House
and the remaining £100,000 on completion of
the 50th House.
£500,000
The National Forest
Company
20% of the site area to be for woodland
planting and landscaping which would equate
to 1.28ha.
1.5ha of open space should also be
demonstrated.
1.64ha to be provided
on site including
proposed pond.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
49
5.3 The £500,000 proposed for the Burton NHS Trusts is to assist in the delivery of a long term
strategic site wide solution to parking issues at the Queens Hospital, which are a matter of long
standing concern in the local area. In these financially straitened time, the level of funding offered
by the Appellant is not readily accessible to the Trust from the public purse and is a benefit to
which great importance has been attached by the Trust (Appendix 19).
5.4 There is also a long standing requirement of the Derbyshire County Council Education Team to find
a new site for a Primary School on the west side of Burton. The Appellant has offered to gift the
County Education Department 1ha of land to the rear of Reservoir Road (identified on the Plan at
Appendix 17) for the delivery of a new Primary School.
5.5 The Appellant will be submitting a Unilateral Undertaking for consideration by the Inspector as part
of this Appeal. It will be submitted to the Planning Inspectorate within 7 weeks of the appeal start
date, in accordance with the requirement set out at Annex N, paragraph N.2.1 of the ‘Procedural
Guide: Planning appeals – England’ published by The Planning Inspectorate and dated 31st July
2015. The appellant will also provide their own CIL Compliance Statement at this time.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
50
6.0 Summary and Conclusions
6.1 Summary
6.1.1 This is an appeal into the refusal of planning permission for;
“Outline application for the erection of up to 150 dwellings, with associated landscaping, public
open space, drainage, formation of replacement parking for Queens Hospital, associated
infrastructure, earthworks and other ancillary and enabling works, including detail of access.”
6.1.2 The site is located on land at Red House Farm, Lower Outwoods Road, Burton Upon Trent and falls
within the administrative boundaries of East Staffordshire Borough Council.
6.1.3 There are two reasons for refusal;
1. “The proposed development is in the countryside and as such does not accord with Policy NE. 1
or examined Policy SP8 which seek to define which uses are appropriate in the countryside.
Thus, the proposal is contrary to the provisions of policies NE1 of the adopted plan and SP8 of
the examined Local Plan (incl. Main Modifications).
2. The location is not identified as a location for housing development in the examined Local Plan.
The granting of permission would be contrary to SP2 and SP4 of the examined Local Plan which
has reached such a stage where it can be attributed substantial weight and outweighs the
presumption in favour of sustainable development accorded by the NPPF.”
6.1.4 The Appellant submits that the refusal was perverse, given the acknowledgment that the
development proposals are sustainable and that the Appeal proposal is consistent with the
principles of sustainable development and that there are no technical ground which warrant refusal.
The appellant further contests that the Council have failed to identify in their Reasons for Refusal
any material harm which would be caused by the grant of planning permission.
6.1.5 The Site falls outside but adjacent to the currently defined settlement boundary for Burton Upon
Trent and is located within the Neighbourhood Area of Outwoods. Notably, in a real and practical
sense it lies wholly within the newly defined urban area of Burton, reflected by the consented
(Inspector’s Report and Secretary of State Decision Letter at Appendix 4) “Phase 1” area, which is
subject to a current reserved matters application with a recommendation to grant planning
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
51
permission. This Phase 1 layout is shown superimposed on the current OS Base, with the Phase II
application then shown within the new urban context (Appendix 3). That plan illustrates how the
appeal site will sit within a wholly urban context when the Phase I approved Reserved Matters are
built out.
6.1.6 The Site is further described including its connectivity to local facilities and services, in Section 2 of
this Statement of Case.
Policy
6.1.7 Whilst the Reasons for Refusal refer to Policy NE1 of the then adopted East Staffordshire Local Plan
1996-2011, those saved policies have since been replaced by the East Staffordshire Local Plan
2012-2031 and no longer carry any weight.
6.1.8 The East Staffordshire Local Plan 2012-2031 was adopted on 15th October 2015. It is agreed that
the policy reference in the Reasons for Refusal to the then emerging Local Plan are correct and
carry forward to the now adopted Local Plan as Development Plan Policy.
6.1.9 The Reasons for Refusal do not identify any material harm that would arise by virtue of the conflict
noted with Policies SP2, SP4 or SP8. Those three policies relate to Settlement Hierarchy,
Distribution of Housing Growth and Development outside the Settlement Boundary.
6.1.10 There is a “made” Neighbourhood Plan covering the appeal site; the Outwoods Neighbourhood Plan
2014-2031, which was made in August 2015. There are no policies in the Neighbourhood Plan
which seek to direct spatial growth or are related to the supply of land for housing. There is
therefore no aspect of the Neighbourhood Plan which the outline proposals could be in conflict
with. There is no conflict alleged with the Neighbourhood Plan.
6.1.11 The NPPF is a material consideration in the determination of the appeal. Paragraphs 6-8 which
address how planning should seek to achieve the 3 threads of sustainable development are
referenced. Para 47 and its injunction to local authorities to boost significantly the supply of
housing is also deemed relevant, as is its focus on achieving the planned supply.
Appellant’s Statement of Case
Land at Red House Farm, Lower Outwoods Road, Burton upon Trent, Staffordshire
52
Planning Assessment
6.1.12 This appeal is notable in that neither of the 2 Reasons for Refusal identify how harm would be
caused through the grant of planning permission. Rather, the only basis for refusal is an alleged
conflict with policy. There is no explanation as to how that ‘conflict’ gives rise to planning harm.
6.1.13 Our analysis of the planning issues addresses the following series of questions;
1. Is there any technical impediment to the delivery of the site?
2. Is the site in a sustainable location?
3. Does the Framework or adopted Local Plan create a ceiling on the provision of Sustainable
Development, is there any aspect of the Neighbourhood Plan which supports refusal?
4. Are the Development proposals in themselves sustainable?
5. What are the benefits of granting planning permission?
6. Do the Reasons for Refusal provide a credible basis for refusing planning permission?
7. Would any material harm be caused by the grant of planning permission?
8. Is there any technical impediment to the delivery of the site?
1) Is there any technical impediment to the delivery of the site?
6.1.14 The application was made comprehensively, and whilst only submitted in Outline, was accompanied
by a full range of technical reports. These included analysis related to, Design & Access,
Arboriculture, Archaeology, Energy, Waste, Service provision, Flood Risk, Landscape and Visual
effects, Noise impact, Travel Plan, Environmental Risk, Transport impacts, Sustainability, Ecology,
Affordable Housing & Open Space. There was also an applicant Statement of Community
Involvement and Planning Statement submitted, although these went to process rather than
technical merits.
6.1.15 In respect of all of the submitted technical information, Officers concurred (as expressed through
their report to Committee) that there is no technical impediment to the site’s delivery. In the
absence of any element of the reasons for refusal seeking to take issue with the Officer findings on
Appellant’s Statement of Case
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these matters, it is concluded that there is agreement between the appellant and the Council that
the scheme is technically capable of delivery without impediment, subject only to the imposition of
appropriate conditions and S106 contributions.
2) Is the site in a sustainable location?
6.1.16 The site is sustainably located. This is not apparently a matter in dispute between the appellant and
the Council, the general location of development here was also found to be sustainable by the
Secretary of State in determining the appeal into the Phase I proposals, for which Reserved Matters
approval has now been resolved to be granted. The Local Plan Inspector considered the site a
‘logical extension’ to the Phase I land.
3) Does the Framework or adopted Local Plan create a ceiling on the provision of
Sustainable Development, is there any aspect of the Neighbourhood Plan which
supports refusal?
6.1.17 Para 47 of the Framework contains the injunction to local authorities to “boost significantly the
supply of housing”. Whilst the second bullet point of para 47 states that in doing this, local
authorities should “provide five years worth of housing against their housing requirements”, neither
here, nor at any other place within the Framework, does it seek to limit authorities to only meeting
five year supply as a maximum target. That is, there is nothing within the Framework which states
that proposals for housing development should be refused simply because a numerical housing
target has been reached; there is no ceiling on sustainable development. This approach supports
sustainable development even where 5 year housing land supply is met. Such an application is
considered by the appellant to be standard planning practice, and numerous recent appeal
decisions confirm as much.
6.1.18 It is quite clear therefore, from reading the Framework taken as a whole that there is no ceiling or
cap proposed by it upon the provision of sustainable housing development.
6.1.19 From an examination of the Local Plan policies, the supporting text and housing delivery rates
achieved to date, there is no basis on which to conclude that the Local Plan provides a ceiling on
the provision of sustainable development, neither would this be justified. Indeed, the provision of
additional housing land in these circumstances with its associated affordable housing and other
benefits as set out elsewhere in the Statement, weigh significantly in favour of the grant of
planning permission for a scheme which is in all other respects agreed as sustainable by the Local
Appellant’s Statement of Case
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Planning Authority. The weight to be attached to the Council’s demonstration of 5 year housing
land supply is limited by the “oversupply” being marginal and by the failure of the Council, even on
their own figures, to have met the plan target at any point during the first 3.5 years of the plan
period, even when the target has been stepped down, to make it easier to achieve.
4) Are the Development proposals in themselves sustainable?
6.1.20 It is the appellant’s understanding that there is in fact agreement between themselves and the
Council that the development proposals themselves (not just the locational aspects of the site) are
sustainable.
6.1.21 In reaching this conclusion, regard has been given to both the Officer’s report to Committee
(Appendix 5) and the two Reasons for Refusal. Neither of the Reasons for Refusal raises
objections on the basis that the development is inherently unsustainable, nor that it fails to meet
any technical standard.
6.1.22 More specifically, the Officer’s report to Committee confirms at Para 1.4 notes that “It is concluded
that the site is sustainable when assessed against the three dimensions of sustainable development
namely economic, social and environmental. In respect of the current proposal the principal
elements of sustainability to be taken into account are: the importance of providing a supply of
housing to meet the needs of present and future generations ensuring accessibility to local
services; creating high quality built environments; protecting and enhancing the natural
environment; and safeguarding the amenities of existing communities.”
6.1.23 Just as the applicant had sought to address the three threads of sustainability so did the Officers at
12.2-12.5 of their Committee Report concluding that, inter alia, “the development would contribute
positively the Government’s aim of boosting the supply of housing including affordable housing …
there are obvious [economic] benefits associated with new development”, and whilst it is noted
that the proposals would result in the loss of countryside with some landscaping impact it is
conclude that “…the benefits of the proposal outweigh this loss and landscape impact will be
softened over time”.
6.1.24 On the issue of the sustainability of the proposals, therefore, it is clearly concluded that the
application proposals themselves constitute sustainable development when assessed against the
policies of the Framework as a whole.
Appellant’s Statement of Case
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5) What are the benefits of granting planning permission?
6.1.25 The benefits of granting planning permission are addressed in the Planning Statement supporting
the application (paras 5.19-5.36). Three specific benefits are;
Education
Hospital Parking
Affordable Housing
6.1.26 The appellant contends that the delivery of a site for primary education is a significant and material
benefit of the scheme given the documented problems that the County Council’s Education
Department have faced in addressing the acknowledged need, and is a matter which weighs very
heavily in the grant of planning permission when considering the sustainability of benefits of the
appeal proposals as part of the “social” thread of sustainability
6.1.27 There is a recognised local concern regarding overspill car parking from the Queen’s Hospital on
the immediately surrounding residential streets. In part this is recognised in the County Council’s
response as Highway Authority to the planning application, and was reported in the Officer’s
Committee Report (Appendix 5) at Para 11.5.2. More generally, the matter has been the subject
of recent local press articles and editorial comment (Appendix 18) where the Head of Facilities for
Burton Hospitals NHS Foundation Trust is quoted as saying “We recognise that car parking capacity
at our Queen’s site needs improving for staff, patients and visitors, and we are therefore looking at
all the options available to us to find a solution.”
6.1.28 The provision of the replacement hospital parking and £500,000 funding to the Hospitals Trust to
help resolve a long standing local issue as part of the appeal proposals represent a very significant
planning benefit arising from the appeal scheme to which significant weight should be attached
when considering the advantages of the appeal proposals in the planning balance. The whole
hearted support from the Hospitals Trust no doubt reflects their concerns over the ability to fund
such improvements from the public purse, in the face of ever challenging NHS budgetary
constraints.
6.1.29 The delivery of affordable housing is seen as a significant benefit arising from the scheme and is
wholly consistent with the Council’s adopted policy for the Borough. The appeal proposals will
provide for much-needed market and affordable housing. Not only will this address the
Appellant’s Statement of Case
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Government’s objectives in terms of boosting the economy and significantly boosting the supply of
housing, it also performs an important social function in meeting today the housing needs of the
locality.
6) Do the Reasons for Refusal provide a credible basis for refusing planning permission?
6.1.30 The Council have, created a policy position where peculiarly the Phase I development will be
treated in policy terms through Policy SP8 as being “within the built urban area”, but land wholly
enclosed by it and between it and the Town more generally is treated as open countryside, this
notwithstanding the Council’s own landscape analysis which confirms the site’s urban influence and
residential setting. This seems to be a confused policy response to an application which the
Council’s own Officers acknowledge constitutes sustainable development, and is a conclusion which
no part of the Reasons for Refusal contradict.
6.1.31 Strategic Policy 2 confirms that development will be directed towards the most sustainable locations
in accordance with a settlement hierarchy which Burton upon Trent sits atop. There is nothing, per
se, within this policy proposition that the appeal proposals conflict with. The Site falls squarely
within the new urban context of Burton upon Trent, and Burton is at the top of the settlement
hierarchy. The application site is acknowledged by the Council as being a sustainable location and
was similarly concluded to be a sustainable site in the Secretary of State’s assessment of the Phase
1 proposals. The sole “conflict”, which arises is the degree to which the site is viewed as falling
within the urban settlement. Whilst as a matter of fact, the Site falls beyond the settlement
boundary as defined by the Local Plan, in the context of the merits of the appeal when considered
against the material considerations of the Framework as a whole, then the weight to be attached to
that part Strategic Policy 2 is considered minimal, the more important element being that the
proposals comply with the clear thrust of the Settlement Hierarchy being on land within the urban
settlement of Burton, and Burton being the main focus for new development within the Borough.
6.1.32 Strategic Policy 4 confirms that in addition to the allocated sites, the Council need to identify a
minimum requirement of 1,359 dwellings within the Main Towns of Burton and Uttoxeter. Again,
as with Strategic Policy 2, the only alleged conflict with this specific aspect of the appeal proposals
is whether or not the site falls within the defined settlement boundary. That is, there is no alleged
breach or conflict with the housing requirement number, nor is it alleged that the grant of consent
would somehow undermine the distribution strategy, it is simply a “technical” breach related to
whether the appeal site is viewed as forming part of Burton urban area, or the open countryside.
Appellant’s Statement of Case
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For the reasons set out in relation to SP2 above, the weight to be attached to this conflict and that
with SP8 should be minimal, notwithstanding the recent adoption of the Local Plan.
7) Would any material harm be caused by the grant of planning permission?
6.1.33 There is a significant failure on the part of the Council to have identified any harm which would
arise from the grant of planning in their Reasons for Refusal. Given the substantial agreement
reached on the technical planning and sustainability merits of the application/appeal, which is fairly
reflected in the Officer’s report to Planning Committee, it is unsurprising that no material harm
could be identified.
6.2 Conclusions
6.2.1 It is concluded that the development is sustainably located and is in itself sustainable, two points
which do not appear challenged by the Reasons for Refusal or the Council’s professional Planning
Officer’s report to Planning Committee. There are no technical objections or impediments to the
appeal scheme’s delivery. There are no adverse impacts of granting planning permission identified
by the Council which would significantly and demonstrably outweigh the numerous and significant
benefits arising. When assessed against the policies of the Framework taken as a whole, the
Framework being a material consideration in this case, the planning balance is clearly in favour of
the grant of consent. No other specific policies of the Framework indicate development should be
restricted. It is concluded that, notwithstanding the Plan’s recent adoption, the Local Plan’s
identification of the site as falling in ‘open countryside’ should carry only limited weight given the
particular circumstances of this land and its relationship to the earlier ‘Phase I’ approved site.
6.2.2 In the light of all the above, it is concluded that the proposals constitute sustainable development,
and the Inspector is invited to allow the appeal.