COMMUNITY RIGHT TO BUILD ORDER - Stroud …...This document is presented to Stroud District Council...

This document is presented to Stroud DistrictCouncil to support the Community Right To BuildOrder, drawn up by Nailsworth Community LandTrust, and relating to the development of 10 newaffordable homes on land bordering Lawnside andBunting Hill in Nailsworth for the benefit of thelocal community.

1 0 N E W A F F O R D A B L EH O M E S

A t Lawns ide / Bun t ing H i l l

Nailsworth Community Land Trust

C O M M U N I T YR I G H T T O B U I L D

O R D E R

May 2016 - Rev E

1 0 N E W A F F O R D A B L E H O M E SAt Lawnside / Bunt ing Hi l l ; Nai lsworth.

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Contents

1 . 0 I N T R O D U C T I O N . . . . . . . . . . . . . . . . . . . . . . . . 3The CRTBO and Nai l swor th CLT . . . . . . . . . . . . . . . . . . . 3

CONTEXT OF SUBMISS ION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

TEAM, MANAGEMENT & FUNDING. . . . . . . . . . . . . . . . 3

ORGANISAT ION OF DOCUMENT. . . . . . . . . . . . . . . . . . . 4

2 . 0 C O N S U L T A T I O N S T A T E M E N T . . . . . . . . . 6Formal Consu l tat ion 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Formal Consu l tat ion 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

3 . 0 D E S I G N S T A T E M E N T . . . . . . . . . . . . . . . . . . . 7USE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

AMOUNT & SCALE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

LAYOUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

ACCESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

H ighways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

LANDSCAPE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

APPEARANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

4 . 0 T H E O R D E R : D E S C R I P T I O N O FD E V E L O P M E N T . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1

Condi t ions : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

CONTENTS

5 . 0 P L A N N I N G P O L I C Y & G U I D A N C E . . . 1 2STROUD DISTR ICT LOCAL PLAN Adopted 2015. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

NAILSWORTH DES IGN STATEMENT . . . . . . . . . . . . . . . . 13

6 . 0 E N F R A N C H I S E M E N T R I G H T S . . . . . . . . 1 4

7 . 0 B A S I C C O N D I T I O N S S T A T E M E N T . . . 1 57 .1 Conformi ty w i th Nat iona l P lann ing Po l icy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

7 .3 P reservat ion of L i s ted Bu i ld ings andConservat ion Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

7 .4 Cont r ibut ion to Sus ta inab leDeve lopment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

7 .5 Conformi ty w i th Local Deve lopment P lan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

7 .6 Compat ib i l i t y w i th EU leg i s la t ion . . . . . . . . . . 16

8 . 0 C O N S U L T A T I O N S U M M A R Y . . . . . . . . . 1 7C O N S U L T A T I O N R E S P O N S E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

9 . 0 P L A N N I N G C O N D I T I O N S . . . . . . . . . . . . . 2 0

A P P E N D I C E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3

Revision notes:

Rev.C | Jan 2016 | Final Document issued forconsultation.

Rev.D | Jan 2016 | Minor corrections to referencesand page numbering.

Rev.E | May 2016 | Modifications following externalexamination:

● Reference to NCLT Constitution added● Summary of early NCLT consultation added● Section 9.0 Planning Conditions added● NCLT Constitution added to appendices


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1 . 0 I N T R O D U C T I O NThe CRTBO and Nailsworth CLT

The Community Right To Build Order (CRTBO) is aninitiative introduced by the Localism Act 2011 toenable local communities to propose small-scale,site-specific and community-led developments.Instead of the proposal going through a standardplanning process, the order is ultimately put beforethe community who will give permission for thedevelopment.

The CRTBO offers the community three mainadvantages over a standard planning application:• Any profit generated from the developmentmust stay within the community• The final decision to ‘make’ the order lies withthe community, which means the community holdsthe authority to decide whether a developmentshould be permitted, not the Local Authority• Provisions can be put in place to ensure thatproposed homes remain affordable in perpetuity.

Nailsworth Community Land Trust (NCLT) is acommunity-led not-for-profit organisation set up todevelop buildings the community needs. The NCLTis appropriately established to act as a communityorganisation and a copy of the NCLT Constitution isincluded in appendices for reference. Thedevelopment of 10 affordable homes, which is thesubject of this order, is the NCLT’s first opportunityto do so. The NCLT has chosen to submit these

proposals through a CRTBO for the aforementionedreasons, to ensure that the development benefitsthe community in perpetuity. This order thereforeputs forward that both the Right to Buy and theRight to Acquire be removed, ensuring the homesremain for the benefit of the community.

CONTEXT OF SUBMISSION

In January 2013, a Housing Needs Surveycommissioned by Nailsworth Town Council fromGloucestershire Rural Community Council identified52 households in housing need in Nailsworth.However, neither Stroud District Council nor anyHousing Associations currently have plans toprovide additional affordable housing in Nailsworth.Further, there are no current private housingdevelopments under construction or with planningconsent where affordable homes are to be providedor where funds have been made available for theprovision of affordable homes off-site.

A public meeting was held on Monday 14th October2013 to consider establishing a Community LandTrust to develop and manage affordable homes aswell as other assets important to community. TheNCLT was set up under the auspices of NailsworthTown Council, with the aim to be registered as aCommunity Benefit Society. The NCLT is tasked toensure that the homes are genuinely affordable,based on what people actually earn in the area,now and in the future.

On 16th June 2015 Nailsworth Town Council wasdesignated as a Neighbourhood Area and grantedthe right to produce and submit a CRTBO under theNeighbourhood Planning (General) Regulations2012. The designated Neighbourhood Area is shownat figure 1.

The Lawnside site that is the location for theseproposals is under utilised land owned by StroudDistrict Council. The land has been offered to theNCLT as an opportunity to provide a first project forthe community organisation and to support theiraims for provision of affordable homes in the area.

TEAM, MANAGEMENT & FUNDING

The NCLT has appointed Aster Homes, a RegisteredProvider, to be their development partner. AsterHomes is funding the CRTBO - and the development- at their own risk, as well as maintain and managethe completed homes via a 125 year lease, with abreak clause solely in favour of the NCLT. AsterHomes will also pay the NCLT an annual groundrent.

The NCLT and Aster Homes jointly selected gcpChartered architects as the designers for thescheme.

INTRODUCTION


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ORGANISATION OF DOCUMENT

This document is prepared to support consultationand provide a summary of the proposeddevelopment that will be the subject of the CRTBO.Issued initially in draft form it has been updated tothis final version incorporating consultationresponses and updated design proposals. Thisdocument provides a record of the Consultationprocess and responses to consultation to provide adocument which will form the basis of the finalCRTBO.

The document is structured to provide the followinginformation:

● Description of site location and NeighbourhoodArea

● Description of the proposed development thatwill form the CRTBO - ‘The Order’.

● Summary of the consultations carried out alongwith response and how the proposals haveresponded to them

● Summary of Planning Regulations referred to indeveloping the development proposals and howthe proposals respond to them.

● Appendices - supporting information includinglarge scale drawings, reports or studies carried

Figure 01: Lawnside site location

INTRODUCTION

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Figure 02: Extent of Neighbourhood AreaPlan ownership: Stroud District Council


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2 . 0 C O N S U L T A T I O NS T A T E M E N TThis section of the document provides a statementdescribing the consultation process carried out todevelop these proposals, including;● Details of the persons and bodies consulted● Details of the method of consultation● A summary of issues and concerns raised● Describes how issues and concerns have been

considered and, where relevant, addressed inthe proposed community right to build order

An initial public meeting was held in October 2013to consider establishing a Community Land Trust(CLT). Following this meeting Nailsworth TownCouncil set up the Nailsworth CLT with the aim tobe registered as a Community Benefit Society. Aninitial steering group was formed and furtheractivities carried out to develop the brief foraffordable housing in the neighbourhood area andpromote wider engagement and membership of theCLT.Further meetings took place throughout 2014 and2015 to progress the formal establishment of theCLT, identify a housing site and select a partnerHousing Association and Architectural Consultant.

As part of their formation NCLT have publicised theaims of the organisation and encouraged people tobecome members of the CLT through a series ofopen meetings, articles in the local community

CONSULTATION

newspaper, local press and within local centres ofthe community in Nailsworth.

In July 2015 an initial community consultation eventwas held at the Arkel Community Centre close tothe site. This event was publicised through the localcommunity paper and via a letter-drop notice toproperties within the local area. A displayexplaining the aims of the NCLT, the potential siteand the nature of possible development was put upand people were invited to drop in to view theinformation, talk to the project team and give initialfeedback on their support, concerns or questionsabout the suggested development.

Formal Consultation 1.

At the beginning of October 2015, a formalcommunity consultation exercise was carried out.This exercise has utilised a number of channels tocommunicate the preliminary proposals for the siteand invite comment and feedback.

This consultation has been advertised throughoutthe Town; in the Community Newspaper, throughnotices in the Local Library and Town InformationCentre and in The Lawnside Stores (general storeclose to the development site). In addition therehave been letter drops around the town andnotifications on the NCLT Web site.

During this consultation proposals were madeavailable to the local community to view, throughfixed displays in the town library and the localLawnside Stores. Two ‘drop-in’ events were held, inthe town centre and at the Arkel Community Centrelocal to the site, giving interested parties anopportunity to view the proposals and ask questionsto the project team.

A response form was circulated at these eventsavailable also from the town library and LawnsideStores and 20 responses were received. A summaryof responses from this public consultation isincluded in section 7.0 - Consultation Summary.

Formal Consultation 2.

Copies of a preliminary draft of this CRTBOdocument plus drawings showing the proposeddevelopment and supporting studies were issued toconsultees on the 11th November 2015 with arequest for responses by the 16th December 2015 (6week period).

For a detailed summary of this formal consultationand the bodies consulted refer to section 8.0 -Consultation Summary.

Human Rights Act & Consultation:Human Rights Legislation was taken into accountduring the consultation period with reference togiving everyone, including hard to reach groups, anopportunity to comment.


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3 . 0 D E S I G N S T A T E M E N TUSEThe site will be used solely for the development ofmuch needed affordable housing. All proposedhomes are for affordable rent and will be aimed inpriority at people on the Housing Register who havea connection with Nailsworth. This is essentialprovision as there are no current plans withinStroud District Council to provide more affordablehomes in Nailsworth. The mix of units (flats andhouses) not only provides for local needs but willalso help create a more varied and balancedcommunity.

The site lies within an existing residentialdevelopment, which means that future residentswill benefit from established community facilitieswithin walking distance and quick access toNailsworth town centre (within 12 minutes’ walk).

All houses are designed to be accessible to allvisitors within the entrance storey, complying withcategory 1 requirements of the Approved DocumentPart M Volume 1 of the Building Regulations. Due tothe steeply sloping site, split levels are requiredwithin the houses with level access provided eitherfrom street level at the front or garden/parkinglevel at the rear.

AMOUNT & SCALEThe proposals are for 10 new affordable homes,which consist of 4 houses (2-bedroom/4-person)and 6 maisonette flats (1-bedroom/2-person).

This development is the first step in responding tothe Housing Needs Survey, commissioned by theTown Council from Gloucestershire RuralCommunity Council in 2013, which identified 52households in need in Nailsworth. It also respondsto the feedback provided by local residents duringthe first consultation which indicated a specificneed for homes for young families and elderlypeople. Homes are sized to meet minimum spacestandards providing 45.7 sqm 1-bed maisonetteapartments and 73.sqm 2-bed houses.

The scheme proposes 2-storey properties, inkeeping with much of the neighbourhood whichcomprises mostly 2-storey houses and a somebungalows. This contributes to the economicviability of the project and the aim of deliveringaffordable housing by enabling a higher number ofunits to be provided on the site.

LAYOUTThe proposed site layout makes efficient use of theland whilst taking into account its natural features.The two parcels of land are currently separated byFieldways, a narrow road which serves a Cul-de-Sac

of private houses to the north as their only point ofvehicular access.

All homes are proposed with frontage onto theexisting roads and sit consistently within the urbangrain of the neighbourhood. Existing footpathsalong Lawnside and Bunting Hill are continuedaround the site, enabling safe and accessiblemovement through the site and to the proposedhomes.

The proposed layout participates in making the sitesafe by efficient use of the land with activeoverlooking to all sides. The positioning of thehomes at the higher levels enables good levels ofnatural surveillance across the whole site and inparticular over parking spaces.

The land falls steeply to the north of the site and iscovered by mature trees. These features have beentaken into consideration and dictated thepositioning of the housing mix to provideappropriate and usable external private space toboth houses and flats.

During the first consultation, local residents raised acouple of – sometimes conflicting - issues to betaken into consideration in the layout. These issuesmainly revolved around parking and highwayssafety: a strong desire for parking not to be toovisible at first sight and the retention of thefootpath leading from the site to Dark Lane,

DESIGN


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Figure 03: Site Analysis with key concerns frominitial consultation (site as existing prior todemolition of south garage block)

concerns about visibility around the tight bend onFieldways and narrowness of the road, andoverlooking into neighbours’ back gardens. (SeeFig.3 below)

DESIGN


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This feedback was based on the presentation of 3preliminary site layout options, each offering adifferent tenure mix. (See fig.4 below).

ACCESS

Access to the siteThe site lies within a residential neighbourhoodwith established access routes and straddlesFieldways, an existing access road to residentialdevelopment.Lawnside and Bunting Hill both provide pedestrianaccess to the site and there is an existing footpathfrom the site to Dark Lane, which is the quickestpedestrian route into the town centre. Thisfootpath has been maintained and integrated intothe scheme.

As such, the scheme maintains existing access tothe site, and integrates itself within the existingresidential context.

Movement within the siteWhilst maintaining the existing road - Fieldways - afootpath is proposed along it, linking the footpathup Bunting Hill to the footpath down to Dark Lane.All footways within the scheme are designed to besuitable for pedestrians with a range ofrequirements (visually impaired, wheelchair users,prams..), although the slope remains relativelysteep due to site conditions.

Figure 04: Layout options displayed at initialconsultation giving 3 potential arrangements fordifferent site arrangements:● 6 Houses● 10 Flats (1&2 bed)● 3 Houses & 4 flats (1&2 bed)

Consultation generally supported the provision of amixed development of houses and flats.

DESIGN


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All homes have front doors accessible from thefootpaths. The steepness of the site has madenecessary the provision of a split level within thehouses, so that level access is provided fromBunting Hill into the entrance storey of the homesand from the parking court at the rear into thegarden level.

HighwaysDuring the initial consultation, concerns were raisedover the lack of visibility around the sharp corner atthe eastern corner of the site into Fieldways andthe speed of traffic coming up from Fieldways toLawnside.

The subsequent formal consultation includedconsultation with the County Highways Officer andthe final layout attached to this CRTBO has beenmodified to reflect the comments received fromCounty Highways - refer to Section 7.0 -Consultation Responses for further information onhighways comment and response.

ParkingAn issue that was frequently raised in communityconsultation was concern over impact on parking;both through the loss of existing garages on the siteand knock-on impacts from additional housing andincreased street parking. To assess this concern theCLT have carried out a Parking Survey whichassesses parking within the area immediately

DESIGN

affected by the development. The parking survey isattached as an appendix to this document. Thesurvey identifies the following points:

● Only 2 of the 14 existing garages are currently inuse and SDC have identified that there arealternative vacant garage spaces within thelocal area that can be offered as alternativeprovision if required.

● Within the area immediately adjacent to thedevelopment there are 109 parking spacesavailable through permitted street parking,allocated parking bays and the existing occupiedgarage spaces.

● Surveys carried out on a number of occasions(including a peak usage during a Saturdayfootball match at the adjacent football ground)showed peak parking usage of 71 vehiclesindicating a potential capacity of 38 spaces.

The proposals include provision of 15 off-streetparking spaces which are proposed to be allocatedas two spaces to each 2-bed house, one space foreach 1-bed maisonette and an additionalunallocated space

LANDSCAPE

The site is bounded by a bank to the north easternedge with existing mature trees as well as trees tothe south east edge. These existing trees aremaintained and provide a backdrop that screens and

softens the development in the surroundingcontext.

Within the site opportunities are created for smallblocks of soft landscape and ornamental treeplanting - mainly to the public areas facingFieldways as it passes through the site. These areasof planting will contribute to the street scene andamenity of the new dwellings.

APPEARANCE

The proposed houses and maisonette flats aredesigned to have simple forms with tiled pitchedroofs, matching the simple form of existing buildingson Lawnside and Fieldways.

The buildings will be simply finished, external wallmaterials will be selected following detail designdevelopment and discussion with potentialcontractors to establish a best value proposal tobalance quality, cost and long term maintenance.

As part of consultation with the LPA a condition isproposed to be attached to the CRTBO including arequirement for approval of final materials with theLPA.


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Figure 05: Final proposed layout following consultation

4 . 0 T H E O R D E R :D E S C R I P T I O N O FD E V E L O P M E N TThe proposed development is to consist of 10 newaffordable homes. To meet identified housing needthe proposals will provide homes in the followingmix:

6 No. 1-Bed/2 pers. maisonettes4 No. 2-bed/4 pers. Houses.15 car parking spaces

The development will be carried out in accordancewith the design drawings attached as appendices tothis document.

Conditions:As a result of consultation with the LPA andfollowing inspection by independent externalexaminer conditions are proposed to be attached tothe development as set out in this document. Referto Section 9 - Planning Conditions for details of theproposed conditions.

THE ORDER


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housing is compatible with the settlement in termsof design, scale and layout. That it would not causethe loss, or damage to, any open space which isimportant to the character of the settlement, andthat an appropriate area of amenity space isprovided for the occupiers of each dwelling.

EI12: Promoting transport choice and accessibility.The proposed development is provided withdedicated off-street parking areas providing secureand easily accessible parking for the new homes. 15parking spaces are provided in accordance with theCouncil’s Parking standards - an average of 1.5spaces per dwelling. Houses are provided withadequate rear gardens, accessible from the rearparking court and provided with sheds which willprovide suitable secure cycle parking. The flats areprovided with secure communal cycle storagefacilities.

The site, owned by Stroud District Council, iscurrently used in part for garages. Some concernshave been raised about the relocation of thecurrent garage tenants and potential intensificationof street parking in the area. Discussions with SDChave identified that alternative vacant garages areavailable within the area to offer replacementprovision to the two current garage tenants. Theproject team have carried out a parking survey andassessment of parking capacity in the immediatevicinity of the site. This is attached as an appendixand demonstrates reasonable spare capacity in thearea.

integrating with its surroundings. The new dwellingsare provided with safe and convenient access whichconnects to existing pedestrian and highwaynetworks. The proposed footpath links with theexisting Bunting Hill footpath which will be a mainpedestrian route to community facilities andschools. The retained footpath to Dark Laneprovides the main pedestrian route to town centrefacilities.

HC1: Meeting small scale housing need withindefined settlements.The proposed development is compatible with thelocal context in terms of scale, layout, design, anddensity of the dwellings on the site. The proposalsinclude a range of dwelling types that respond toidentified local need. The site is currently used forgaraging (with the southern part of the site havinghad garages demolished and fenced off) and as suchthere will be no loss of usable/recreational openspace from the development, but appropriate areasof private external space will be provided.

ES8: Trees, hedgerows and woodlandsThere are a number of mature trees on the site,none of which are the object of a Tree PreservationOrder. The proposals have been developed with theintention of maintaining all trees of categories A&B.In the interest of the overall scheme, it has beennecessary to propose that one tree be removed.Policy HN8 of the Stroud District Local Plan 2005and Delivery Policy HC1 of the Stroud District LocalPlan Submission Draft 2013 require that proposed

5 . 0 P L A N N I N G P O L I C Y& G U I D A N C EThe Community Right To Build Order must meetplanning rules and regulations as expected for astandard planning application. The proposals havebeen developed with reference to National PlanningPolicy and Stroud District Local Plan policies andSupplementary Planning Documents. The followingpolicies in particular are suggested as most relevantto the proposed development.

STROUD DISTRICT LOCAL PLAN Adopted 2015

CP9: Affordable housingAll the proposed homes will be available foraffordable rent, to respond to the Housing Needssurvey carried out in 2013. The mix of unitsproposed (4 houses and 6 flats) is based on thefeedback received during community consultation.The mix not only provides for local needs but willalso help maintain a balanced community.

CP14: High quality sustainable developmentThe proposed development will provide new homesto meet or exceed current Building Regulations andbest practice with regards to energy and water use.The development proposes a re-use of previouslydeveloped land that can be achieved with noadditional risk of flooding on or off site. Theproposed design is respectful of the surroundingcontext; contributing to a sense of place and

PLANNING POLICY


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NAILSWORTH DESIGN STATEMENT

The Nailsworth Design Statement was adopted bythe Council in 2009 and is used to makedevelopment control recommendations ordecisions.

Recommendation 18Applications for affordable homes should besupported, especially small developments meetinghousing needs.

Recommendation 20Proposals to use modern materials in an innovativeway to create cost-effective, energy efficient,affordable homes will be welcomed, provided theyharmonise with local styles.

PLANNING POLICY


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6 . 0 E N F R A N C H I S E M E N TR I G H T SNailsworth Community Land Trust feel it importantto keep the affordable homes for the benefit of thecommunity as a whole. For this reason, theCommunity Right To Build Order referendum willpropose that both the Right to Buy and the Right toAcquire be removed.

In addition to this, the Community Land Trust haswithin its constitution an Asset Lock which forbidsthe CLT from selling homes.

ENFRANCHISEMENT


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7 . 0 B A S I C C O N D I T I O N SS T A T E M E N TThis statement has been prepared for NailsworthCommunity Land Trust to support submission of aCommunity Right to Build Order (CRTBO) to StroudDistrict Council (SDC); the Local Planning Authority(LPA) with responsibility for the Nailsworth localarea, under Regulation 22 of the NeighbourhoodPlanning (General) Regulations 2012 .

This statement addresses the ‘basic conditions’required by the Regulations and explains how theOrder meets the requirements of paragraph 8 ofSchedule 4B to the 1990 Town & Country PlanningAct as follows:

7.1 Conformity with National Planning PolicyThese proposals have been prepared to beconsistent with National Planning PolicyFramework (NPPF). In terms of process and NPPFobjectives as follows:

● Positive and collaborative working with the LPAto enable development to be brought forwardunder a CRTBO including working withcommunities and key stakeholders to identifyand resolve key issues before applications aresubmitted. (NPPF para 71) - Refer to Section 8:Consultation Summary below.

● Taking local circumstances into account, so theyrespond to different opportunities for achieving

sustainable development in different areas.(NPPF para 10)

● Planning conditions have been proposed by theLPA that are consistent with the requirementsof the NPPF being directly related to theproposed development and being ‘enforceable,precise and reasonable in all other respects’.(NPPF para 206) Refer to Section 4: Descriptionof Development.

● Provision of new homes to meet specific localdemand. (NPPF para 50)

● Enabling and facilitating social interaction andsustaining a healthy community. (NPPF para 70)

● Delivery through partnership between the CLTand a Registered Provider (Aster Homes) meansthat the development, that would be unviable innormal commercial house building terms isprovided with a credible delivery solution.(NPPF para 173).

7.3 Preservation of Listed Buildings andConservation AreasThis condition only applies in so far as adevelopment would affect a Listed Building, itssetting or an identified Conservation Area. Theproposed development site is not located in an areathat would impact either a Listed Building orConservation Area.

7.4 Contribution to Sustainable DevelopmentThe development can demonstrate generalcompliance through conformity with SDC LocalPlanning and Local Development Plan Policies whichhave been independently assessed for compliancewith National and European regulations withregards sustainability. The proposed developmentoffers a number of specific benefits for sustainabledevelopment as follows:

● Social Value - the development will contributeto a supply of affordable housing that has beendeveloped specifically to identify a local needthat is not otherwise addressed in the area. Thenew smaller homes will be suited to youngfamilies and older persons wanting to downsizefrom larger homes. It will be part of andcontribute to an existing mixed community inthis part of the town.

● Environmental Value - the new homes will beconstructed to provide energy efficientdwellings providing homes to current standardsthat will reduce carbon emissions through highlevels of insulation and efficient buildingservices.

● Economic Value - The development willgenerate some employment opportunitiesduring construction. The development willprovide low costs homes that address issues offuel poverty where residents are moving fromolder less efficient homes.


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7.5 Conformity with Local Development PlanThe proposals are developed to be consistent withStroud District Local Development Plan and adoptedplanning policy as set out above - Refer to Section 5:Planning Policy & Guidance.

Pre-application consultation with SDC has included apolicy review by officers and stakeholderconsultation that has accepted that the proposalsare in general conformity with Local Plan Policy.

7.6 Compatibility with EU legislationThe proposals are developed to take account ofEuropean legislation and of key requirements duringtheir development.

● The proposals have regard to the fundamentalrights and freedoms guaranteed under theEuropean Convention on Human Rights andcomply with the Human Rights Act.

● The development site is not in close proximityto any European designated nature sites or Sitesof Special Scientific Interest (or EuropeanOffshore Marine Habitats) and so does notrequire a Habitats Regulation Assessment underthe EU Habitats Regulations.

● The proposed development does not require anEnvironmental Impact Assessment which hasbeen confirmed by a screening opinion carriedout by the LPA.


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8 . 0 C O N S U L T A T I O NS U M M A R YConsultation has been carried out with the localcommunity and key stakeholders or organisationsthat may have an interest or be affected bydevelopment of the site.

The project team have used a number ofconsultation channels to gather feedback on thedraft CRTBO proposals and responses have beenused to shape the design and final proposals.

Local community consultation commenced onOctober 5th 2015 with an advertisement in the localfree paper delivered to all households in Nailsworth.This has been followed up with a number of eventsincluding displays and drop-in consultations in thetown centre and at the Arkell Community Centreclose to the development site.

A broad stakeholder consultation has been carriedout through issue of the draft version of this CRTBOdocument and associated proposal drawings. Wherepossible this information has been issuedelectronically to named contacts within the relevantorganisations. This included The Local PlanningAuthority, County Highways Authority and TownCouncil as well as utilities and statutoryundertakers. This consultation was issued on 3rd Nov2015 with a deadline for responses by the 16thDecember 2015.

The organisations who are potentially directlyaffected by the proposals, with brief outline of theirresponse (if any) are listed on Page 18 below.

In addition to the listed contacts, consultationrequest were sent out to Electronic CommunicationsCompanies and Service Providers as follows:

Mono Consultants Ltd (acting on behalf of theMobile Operator Association)O2 (UK) LtdAbove Net CommunicationsAT&T TelecommunicationsOrange Personal Communications ServicesTelewest Communications LtdTiscali UK LtdT-Mobile UK LtdVodafone

No electronic communications plant is identifiedwithin the area affected by the proposals.

A Landmark Utilities site search was carried out todetermine if any other utilities or StatutoryProviders have services within the area of theproposed development. No additional companieswere identified.

Detailed responses were received from the LocalPlanning Authority and County Highways and theseare set out on Page 19 below.

The proposals have been adjusted to respond to theconsultation and responses received and this isdescribed on Page 19.

CONSULTATION SUMMARY


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Ref. Organisation Consulted Consultation Response1 Local Planning Authority

Stroud District Council, Ebley Mill, Ebley Wharf, Stroud.Gloucestershire GL5 4UB

Response received - see detailed information below

2 County Highways AuthorityGloucestershire County Council, Shire Hall, Westgate Street,Gloucester GL1 2TG

Response received - see detailed information below

3 Nailsworth Town CouncilNailsworth Town Hall, Old Bristol Road, Nailsworth, Stroud,Gloucestershire GL6 0JF

No response received

4 Historic EnglandHistoric England, 29 Queens Square, Bristol, BS1 4ND


5 Primary Care Trust - Gloucestershire PCTEdward Jenner Court, 1010 Pioneer Avenue, Gloucester Business Park,Brockworth, Gloucester, GL3 4FE


6 Water & Sewerage Statutory Undertaker - Severn TrentSevern Trent Centre, 2 St John's Street, Coventry, CV1 2LZ

Response received - services located with the boundary of the site which willrequire diversion

7 Gas - Wales & West UtilitiesWales and West House, Spooner Close, Celtic Springs, Newport, NP10 8FZ

Response received - services located adjacent to the site not directly affectedby the proposals.

8 Electricity - Western Power DistributionToll End Road, Tipton, West Midlands, DY4 0HH

Response received - services located adjacent to the site not directly affectedby the proposals.

9 Telecoms - BT OpenreachBT Centre, 81 Newgate Street, London, EC1A 7AJ

Response received - overhead services located within the site, undergroundservices adjacent to the site not directly affected by the proposals.



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CONSULTATION RESPONSES

The following detailed responses were received fromconsultees:

Local Planning Authority - Stroud District CouncilSDC have carried out a review of the draft CRTBO andassociated documents and provided detailed feedbackof their review against national and local planningpolicy. In particular they have reviewed the draftproposals against the following key criteria:

● Principle of development● Design and layout● Residential amenity● Highway safety● Landscape impact● Ecology● Affordable housing● Archaeology and historic environment● Obligations

The SDC review against each of these criteriaidentified that the LPA is broadly in agreement withthe proposed approach. The review gives arecommendation that ‘Stroud District Council as theLocal Planning Authority would therefore raise noobjection to the proposed Community Right to BuildOrder.’

The SDC review suggests a number of conditions tobe attached to the proposals and these are noted as

part of Section 4.0 - The Order; Description ofDevelopment.

County Highways AuthorityGloucester County Council HighwaysReviewed preliminary proposals and the draft CRTBOand commented on the highways design issuessuggesting the following key criteria should beincluded in a revised proposal.

● 2m wide footpaths to be provided to both sidesof Lawnside through the site

● Estate Roadway should have a minimum width of4.8m

● Car parking spaces should be a minimum of 2.4 x4.8m with a minimum reversing clearance of 6m

● Tactile pedestrian crossing points should beprovided at the junction of Fieldways andLawnside roads.

● Justification for the proposed parking provisionshould be provided based on local evidence

In response to this Highways consultation theproposals have been revised; amending the site layoutto provide 2m wide footpaths to both sides ofFieldways and adjusting the parking layout to ensurethat it meets the size requirements of GCC DesignGuidance. A local parking survey and report has beencarried out to support the proposed parking provisionand this attached as an appendix to this document.

A site layout is appended to highlight the forwardvisibility for vehicles showing provision of 25 meterminimum visibility (for 20 mph traffic speeds)

Community ConsultationAs part of the community consultation a number offeedback channels were offered for local people toreview and comment on the proposed development.Letter drops, static displays, drop-in presentationsand web site information directed members of thepublic to feedback channels either throughcompletion of a questionnaire, through an email linkor via telephone contact.

This consultation resulted in 20 feedback forms beingcompleted and returned to the project team.

Generally public consultation gave positive feedbackwith support for provision of affordable housing forlocal people in this location. The most frequentlyexpressed concerns, in discussions and feedbackrelate to highway and pedestrian safety, privacy andoverlooking. These concerns were most stronglyexpressed by the residents of the Fieldways cul-de-saclocated immediately below the site to the east.

The revised proposals have incorporated changes torespond to community consultation as far as possible.Heights of buildings are minimised, particularly to thenorth side of the site adjacent to Fieldways.Pedestrian routes, footpaths and parking have beenrevised to provide improved safety particularly inrelation to the sharp bend at the bottom of Fieldways.



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9 . 0 P L A N N I N GC O N D I T I O N SThe following conditions are proposed in relation tothe development described in this Community Rightto Build Order:

1. The development hereby permitted shall bebegun before the expiration of three years fromthe date this Community Right to Build Order ismade.

Reason:To comply with the requirements of Section 91of the Town and Country Planning Act 1990 asamended by Section 51 of the Planning andCompulsory Purchase Act 2004.

2. No development shall take place until samplesof the materials to be used in the constructionof the external surfaces of the building workshereby permitted have been submitted to andapproved by the Local Planning Authority.Development shall then only be carried out inaccordance with the approved details.

Reason:In the interests of the visual amenities of thearea.

3. The development hereby permitted shall not becommenced until details of a scheme of hardand soft landscaping for the site have beensubmitted to and approved in writing by theHead of Development Services.


4. All planting, seeding or turfing comprised in theapproved details of landscaping shall be carriedout in the first complete planting and seedingseasons following the occupation of thebuildings, or the completion of the developmentto which it relates, whichever is the sooner.Any trees or plants which, within a period offive years from the completion of thedevelopment, die, are removed, or becomeseriously damaged or diseased, shall bereplaced in the next planting season with othersof similar size and species, unless the Head ofDevelopment Services gives written consent toany variation.


5. The development hereby permitted shall not bebrought into use until the vehicle parking,turning and manoeuvering areas shown on theapproved plans are made available for use.Each unit shall be provided with parking spacesin accordance with the Local PlanningAuthority's adopted vehicle parking standards.This provision shall be maintained as such, freeof obstruction, thereafter.

Reason:To ensure that sufficient parking and turningspace is made available.

6. No works shall commence on the developmentuntil details of a Construction MethodStatement has been submitted in writing to thelocal planning authority. The ConstructionMethod Statement shall detail how constructionshall be carried out without interfering with thefree flow of traffic on the adjacent classifiedroad and where construction vehicles will parkduring development. All construction worksshall comply with the approved ConstructionMethod Statement for the duration of theworks.

Reason:To reduce potential highway impact by ensuringthat adequate visibility is provided andmaintained and to ensure that a safe, suitableand secure means of access for all people thatminimises the conflict between traffic andcyclists and pedestrians is provided inaccordance with paragraph(s) 32 and 35 of theNPPF and ES3 of the adopted Stroud DistrictLocal Plan, November 2015.

7. No development shall take place until there hasbeen submitted to and approved by the LocalPlanning Authority a detailed mitigationstrategy to avoid recreational impact from thedevelopment on Rodborough Common SAC.Development shall be carried out in accordancewith the approved strategy. Please seeinformative below.

Reason:Habitat Regulations Assessment (HRA) - UnderArticle 6(3) of the Habitats Directive, CompetentAuthorities have a duty to ensure that all the



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activities they regulate have no adverse effecton the integrity of any of the Natura 2000 sites(Together SPAs and SACs make up the networkof Natura 2000 sites). The effect of theRegulations is to require Local PlanningAuthorities to ensure that no likely significantadverse effect arises from any proposeddevelopment scheme or Local Plan. The effectof this legislation together with the NaturalEngland and Rural Communities Act 2006 is toimpose on local authorities a legal duty of careto protect biodiversity. If local authorities thinkharm or "likely significant effect" could occurthey are legally obliged to not approve theproposed plan or project unless appropriateavoidance and mitigation measures can be putin place. The various Habitat RegulationAssessment iterations concluded that proposedresidential growth in the Local Plan within thecatchment could have a likely significant effect,in the absence of appropriate mitigation. Overthe last year SDC has collaboratively workedwith Natural England (NE), the National Trust(NT), the Rodborough Commoners and StroudValleys Project (SVP) to devise an agreedinterim impact avoidance strategy for housingwithin an identified 3km catchment.

Informative: SDC's Interim strategy foravoidance of adverse impacts on RodboroughCommon SAC is available on the website (link)https://www.stroud.gov.uk/cmislive_public/Meetings/tabid/70/ctl/ViewMeetingPublic/mid/397/Meeting/68/Committee/6/Default.aspx. Ifapplicants elect to provide bespoke mitigation,SDC will require evidence to demonstrate that ithas been implemented, as approved, eg. a letter

of confirmation from a suitably qualified projectecologist at the end of the construction periodand updates at agreed intervals in the event of along-term mitigation commitment.

8. Notwithstanding the provisions of the Town andCountry Planning (General PermittedDevelopment) Order 1995 (or any orderrevoking and re-enacting that order with orwithout modification), no developmentpermitted under Article 3, and described withinClasses A to E of Part 1 of Schedule 2 (includesextensions, outbuildings, roof alterations,porches, window openings), shall take place. Nowindows, doors, other openings and aperturesother than those shown on the approved plansshall be formed in any elevation of thedevelopment hereby permitted.

Reason:In the interests of the amenities of theoccupiers of adjoining residential property.

9. The development hereby permitted shall becarried out in strict accordance with the Ecologyrecommendations on page 17 and 18 of thePreliminary Ecological assessment provided byMiddlemarch Environmental Ltd.

Reason:To recognise nature conservation importanceand protect biodiversity in accordance withPolicy ES6 of the adopted Stroud District LocalPlan, November 2015 and the NPPF.

10. The Affordable housing units shall beconstructed and completed (and all associatedworks including all services roads and paths) inaccordance with the Approved AffordableHousing Scheme

11. All 10 Affordable Rented Dwelling Units shall becompleted in accordance with the AffordableHousing Matrix of 6 x 1 bedroomed, two personhomes, arranged in maisonettes, and; 4 x 2bedroomed, four person homes and 15 carparking spaces

12. The developer shall ensure the highway andpedestrian layout and finished surfaces are inaccordance with the drawings submitted withthe CRTBO following the laying of services andconstruction traffic access.

13. The proposed development shall be carried outin accordance with the submitted drawings asshown by the drawings accompanying thisapplication:

● Site layout – proposed no: 14054/10 rev. Cdated 30 Oct 2015

● Site elevations – proposed sheet 1 of 2 no:14054/11 rev. C dated 30 Oct 2015

● Site elevations – proposed sheet 2 of 2 no:14054/12 rev C dated 30 Oct 2015

● Unit plans and elevs. no: 14054/13 rev. Bdated 30 Oct 2015

● Topographical survey no: 595/7979/1 datedAug. 2014


https://www.stroud.gov.uk/cmislive_public/Meetings/tabid/70/ctl/ViewMeetingPublic/mid/397/Meeting/68/Committee/6/Default.aspx.




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14. The developer shall ensure the AffordableHousing is managed and occupied in accordancewith the objects of a Registered Provider andwith such published housing waiting list andlettings and allocations policy as the RegisteredProvider may from time to time adopt (the samehaving been first Approved by the Council) toensure that the Affordable Housing Units and atall times subsequently that each AffordableHousing Unit is allocated to a Person in HousingNeed as their sole residence

15. The developer shall in respect to the AffordableRented Units to allocate each Dwelling to aQualifying Person* by advertising any vacantDwelling through the GloucestershireHomeseeker Choice Based Lettings scheme (orany replacement scheme) and thereafter byallocating any such vacant Dwelling to aQualifying Person as his sole residence and whoexpresses an interest in occupying the saidDwelling through bidding on the Council's'Choice Based Letting' scheme (or anyreplacement scheme) SUBJECT TO the Ownerhaving first agreed in writing with the Councilthe appropriate labelling for such Dwelling toprovide more information on who is eligible toexpress an interest in occupying the same.

* Qualifying Person means a person on the Council’sHousing Register and accepted by the Council as aPerson in Housing Need who would qualify forAffordable Housing in accordance with the policies ofthe Council current at the relevant time and has aLocal Connection** to the Relevant GeographicalArea***

**Local connection means (i) having FamilyAssociations within the Relevant Geographical Area;(ii) for a continuous period of either 6 months out ofthe last 12months or; 3 years out of the last 5 yearsimmediately prior to the date that the AffordableRented Housing Unit becomes vacant having hadtheir only or principal home within the RelevantGeographical Area; or (iii) for the last 6 monthsimmediately prior to the date that the AffordableRented Housing Unit becomes vacant having hadtheir place of work (not of a casual nature) within theRelevant Geographical Area****** Relevant Geographical Area means means inpreference the parish of Nailsworth or in the event ofthere being no Qualifying Person in the parish ofNailsworth then substitute a Qualifying Person withinthe parishes of Nympsfield, Woodchester, Amberley,Horsley and Minchinhampton in the event of therebeing no Qualifying Person within the parishes ofNympsfield, Woodchester, Amberley, Horsley andMinchinhampton then substitute a Qualifying Personwithin the Stroud District.



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A P P E N D I C E S

The following documents are attached to this CRTBOto provide supporting information and more detaileddescription of the proposed buildings and sitearrangements.

Report - Phase 1 Ground Investigation reportReport - Pre-Development Arboricultural SurveyReport - Preliminary Ecological AssessmentReport - Parking SurveyDraft Section 106 Agreement

Dwg.7979 Site SurveyDwg.14054/01 Site LocationDwg.14054/10 Site proposed planDwg.14054/11 Site sections / elevations - 1Dwg.14054/12 Site sections / elevations - 2Dwg.14054/13 Unit plans & elevationsDwg.14054/14 Site- Highways visibility

Nailsworth Community Land Trust - Constitution


COMMUNITY RIGHT TO BUILD ORDER - Stroud …...This document is presented to Stroud District Council...

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Transcript of COMMUNITY RIGHT TO BUILD ORDER - Stroud …...This document is presented to Stroud District Council...