Development Management Committee · BRIDGE END ROAD BRIDGE END ROAD Drain Path (um) Track Track...

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Development Management Committee Schedule Wednesday 9 October 2019, 10:00 AM — 4:00 PM BST Venue Council Chamber, Priory House, Monks Walk, Chicksands, Shefford, SG17 5TQ Description To Chair and Members of the Committee: - Cllr K Matthews (Chair) Cllr C Maudlin (Vice-Chair) Cllrs R Berry, M Blair, S Clark, K Collins, F Firth, P Hamill, R Hares, V Harvey, I Shingler, B Spurr and N Young Substitutes: Cllrs I Bond, D Bowater, I Dalgarno, Y Farrell, E Ghent, C Gomm, A Graham and T Wye Notes for Participants A member of the public who wishes to speak or requires further information on this meeting should contact: [email protected] or call 0300 300 5649. This meeting may be filmed by the Council for live and/or subsequent broadcast online and can be viewed at https://centralbedfordshire.public-i.tv/core/portal/home. At the start of the meeting the Chairman will confirm if all or part of the meeting will be filmed by the Council. Any footage will be on the Council’s website, a copy of it will also be retained in accordance with the Council’s data retention policy. By attending the meeting, you are deemed to have consented to being filmed by the Council. Full details on the use of recordings is provided via the link above. Hard copies of the papers for this meeting are not routinely made available to those in attendance. Should you require a copy of please download this from the Council website beforehand. Agenda

Transcript of Development Management Committee · BRIDGE END ROAD BRIDGE END ROAD Drain Path (um) Track Track...

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Development Management Committee

Schedule Wednesday 9 October 2019, 10:00 AM — 4:00 PM BSTVenue Council Chamber, Priory House, Monks Walk, Chicksands,

Shefford, SG17 5TQDescription To Chair and Members of the Committee: -

Cllr K Matthews (Chair)Cllr C Maudlin (Vice-Chair)

Cllrs R Berry, M Blair, S Clark, K Collins, F Firth, P Hamill, RHares, V Harvey, I Shingler, B Spurr and N Young

Substitutes: Cllrs I Bond, D Bowater, I Dalgarno, Y Farrell, EGhent, C Gomm, A Graham and T Wye

Notes for Participants A member of the public who wishes to speak or requires furtherinformation on this meeting should contact:[email protected] or call 0300300 5649.

This meeting may be filmed by the Council for live and/orsubsequent broadcast online and can be viewed athttps://centralbedfordshire.public-i.tv/core/portal/home. At thestart of the meeting the Chairman will confirm if all or part of themeeting will be filmed by the Council. Any footage will be onthe Council’s website, a copy of it will also be retained inaccordance with the Council’s data retention policy. Byattending the meeting, you are deemed to have consented tobeing filmed by the Council. Full details on the use ofrecordings is provided via the link above.

Hard copies of the papers for this meeting are not routinelymade available to those in attendance. Should you require acopy of please download this from the Council websitebeforehand.

Agenda

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1. Apologies for Absence

To receive apologies for absence and notification of substitute Members.

1

2. Chair's Announcements and Communications

To receive any announcements from the Chair and any matters ofcommunication.

2

3. Minutes

To approve as a correct record the minutes of the meeting of the DevelopmentManagement Committee held on 15 July 2019.

3

4. Members' Interests

To receive from Members any declarations of interest including membershipof any Parish/Town Council consulted upon during the planning applicationprocess and the way in which any Member has cast their vote.

4

Planning and Related Applications

Prior to considering the planning applications contained in the followingschedules, Members will have received and noted any additional informationrelating to the applications as detailed in the Late Sheet for this meeting.

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5. Planning Application No: CB/19/01638/FULL (Arlesey)

Address: Henlow Bridge Lakes Ltd, Bridge End Road, Henlow, SG16 6LN.

Caravan storage with associated security fencing; - Ancillary workshopbuilding for caravan repairs and maintenance;- Siting of 30 leisure holidaycaravans and one managers unit &- Infilling former water holding area withinert waste from site.

Applicant: Henlow Bridge Lakes & Aggregates

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5 - 19.01638 Map.pdf 7 5 - 19.01638 Report.pdf 8

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6. Planning Application No: CB/19/01637/FULL (Arlesey)

Address: Henlow Bridge Lakes Ltd, Bridge End Road, Henlow, SG16 6LN.

Erection of a reception/sales building and associated caravan holding areaand circulation area, detached buggy store, extension to day nursery, new tearoom incorporating change of use and relocation of existing hairdressing salonto a holiday cabin.

Applicant: Henlow Bridge Lakes Ltd

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6 - 19.01637 Map.pdf 41 6 - 19.01637 Report.pdf 42

7. Planning Application No: CB/19/02029/RM (Biggleswade South)

Address: Land at Sorrell Way, Biggleswade (nearest post code SG18 8WL).

Reserved Matters following outline application CB/17/01236/OUT. Erection ofbuilding(s) to provide extra care accommodation comprising up to 93 unitswith associated access, landscaping and ancillary works.

Applicant: Taylor Wimpey (South Midlands)

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7 - 19.02029 Map.pdf 56 7 - 19.02029 Report.pdf 57

8. Planning Application No: CB/19/02032/RM (Biggleswade South)

Address: Land off Saxon Drive, Biggleswade (nearest post code SG18 8QU).

Reserved Matters following outline application CB/17/01277/OUT. Erection of200 residential dwellings with associated access, landscaping, open spaceand ancillary works.

Applicant: Taylor Wimpey (South Midlands)

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8 - 19.02032 Map.pdf 70 8 - 19.02032 Report.pdf 71

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9. Planning Application No: CB/19/01024/OUT (Northill)

Address: The Pound, Vinegar Hill, Upper Caldecote, Biggleswade, SG18 9AU.

Outline Planning Application: For up to 35 dwellings, including access roads,car parking, garaging, landscaping and pedestrian crossings. Creation of newallotment to provide 10 plots with car parking.

Applicant: William Willoughby (Estates) Ltd and RG, SP, BJ and NG Maudlin

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9 - 19.01024 Map.pdf 88 9 - 19.01024 Report.pdf 89

10. Planning Application No: CB/19/02058/FULL (Arlesey)

Address: Henlow Church of England Academy, Church Road, Henlow, SG166AN.

Demolition of twin classroom unit, construction of a two-storey classroomblock extension, conversion of old gym & additional car park provision

Applicant: Henlow Church of England Academy

111

10 - 19.02058 Map.pdf 112 10 - 19.02058 Report.pdf 113

11. Planning Application No: CB/19/01598/FULL (Barton-le-Clay)

Address: Maple House, Nicholls Close, Barton-le-Clay, Bedford, MK45 4JN.

2 New 2 Bed Semi-Detached Bungalows with associated parking.

Applicant: Gill Hudson Homes Ltd

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11 - 19.01598 Map-2.pdf 129 11 - 19.01598 Report-2.pdf 130

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12. Date of Next Meeting and Site Inspections

Under the provisions of the Members' Planning Code of Good Practice,Members are requested to note that the next Development ManagementCommittee will be held on 6 November 2019 and the Site Inspections will beundertaken on 4 November 2019.

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13. Late Sheet

To receive and note, prior to considering the planning applications containedin the schedules above, any additional information detailed in the Late Sheetto be circulated on 8 October 2019.

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1. Apologies for Absence

To receive apologies for absence andnotification of substitute Members.

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2. Chair's Announcements andCommunications

To receive any announcements from theChair and any matters of communication.

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3. Minutes

To approve as a correct record theminutes of the meeting of theDevelopment Management Committeeheld on 15 July 2019.

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4. Members' Interests

To receive from Members anydeclarations of interest includingmembership of any Parish/Town Councilconsulted upon during the planningapplication process and the way in whichany Member has cast their vote.

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Planning and Related Applications

Prior to considering the planningapplications contained in the followingschedules, Members will have receivedand noted any additional informationrelating to the applications as detailed inthe Late Sheet for this meeting.

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5. Planning Application No:CB/19/01638/FULL (Arlesey)

Address: Henlow Bridge Lakes Ltd,Bridge End Road, Henlow, SG16 6LN.

Caravan storage with associated securityfencing; - Ancillary workshop building forcaravan repairs and maintenance;- Sitingof 30 leisure holiday caravans and onemanagers unit &- Infilling former waterholding area with inert waste from site.

Applicant: Henlow Bridge Lakes &Aggregates

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© Crown Copyright. All rights reserved.Central Bedfordshire CouncilLicence No. 100049029 (2009)Date: 19:September:2019

Scale: 1:5000

Map Sheet No

CASE NO.N

S

W EApplication No.

CB/19/01638/FULL

Henlow Bridge Lakes Ltd, Bridge End Road, Henlow, SG16 6LN

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APPLICATION NUMBER CB/19/01638/FULLLOCATION Henlow Bridge Lakes Ltd, Bridge End Road,

Henlow, SG16 6LNPROPOSAL Caravan storage with associated security fencing;

- Ancillary workshop building for caravan repairsand maintenance;- Siting of 30 leisure holidaycaravans and one managers unit &- Infillingformer water holding area with inert waste fromsite.

PARISH HenlowWARD ArleseyWARD COUNCILLORS Cllrs Dalgarno, Shelvey & WenhamCASE OFFICER Benjamin TracyDATE REGISTERED 20 June 2019EXPIRY DATE 19 September 2019APPLICANT Henlow Bridge Lakes & AggregatesAGENT Sherwood Architects LtdREASON FORCOMMITTEE TODETERMINE

Cllr Ian Dalgarno, Ward Member Call in for thefollowing reasons:

Overdevelopment - large development in theopen countryside;Highway Safety Grounds - Access on to theA507 with no roundabout and slow caravans;andOther - issues with A507 and additional traffic.

RECOMMENDEDDECISION

Approve Planning Permission subject toConditions and S106 agreement.

Summary of Recommendation:

The proposed development would accord with Policy CS11 of the Core Strategyand Development Management Policies (2009) and Policy EMP4 of the SubmissionCentral Bedfordshire Local Plan. Although it is considered that the proposeddevelopment would cause a low level of less than substantial harm to thesignificance to heritage assets, including the Grade II* Listed Building known as TheGrange, it is considered that there is clear and convincing justification and thepublic benefits would outweigh the identified harm, subject to Conditions and S106agreement to secure on and off site soft landscaping.

For the reasons outlined within this report, the development is considered to accordwith the Development Plan and no material considerations indicate otherwise. It isconsidered that the proposed development would be sustainable subject toconditions and no significant harm has been identified subject to mitigation.

Site Location:

The site known as the Henlow Aggregates site, is located to the north of the A507Arlesey Road, between the villages of Henlow and Arlesey. To the north of the siteis associated land and further to the north is the Grade II* Listed Building known asHenlow Grange and its grounds which is currently used as a Hotel and Health Spa.To the east of the site beyond a Public Right of Way is Henlow Bridge Lakes andFishery.

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The site adjoins a residential dwelling to the south east corner of the site known asThe Lodge.

Arlesey Railway Station can be accessed with direct pedestrian access to the siteunder Arlesey Bridge.

The site is located just outside defined settlement envelopes whereby the site isconsidered to be within the open countryside.

A portion of the site is considered to form previously developed land as defined bythe Lawful Development Certificate reference CB/16/04707/LDCE dated 27 January2017, whereby the lawful use of that portion of the site is "use of land and buildingsfor the importation, handling, bagging, storage and distribution of aggregates, plantand materials (sui-generis including uses within class B2 and B8 activities)".

The Application:

The application seeks full planning permission for the Change of Use of land to:the siting of 30 leisure holiday caravans;the siting of a single caravan restricted to the occupation of a site manager; andCaravan Storage with ancillary maintenance/ repair.

The application also seeks full planning permission for operational developmentconsisting of the construction of an ancillary building for the repair/ maintenance ofcaravans, hard landscaping and alterations to site ground levels.

Soft landscaping is also proposed both within the site and on land outside of theapplication site area but on land within the control of the applicant.

RELEVANT POLICIES:

National Planning Policy Framework (NPPF) (February 2019)

National Planning Policy Guidance

Core Strategy and Development Management Policies - North 2009

CS1 – Development StrategyCS2 - Developer ContributionsCS4: Linking Communities – Accessibility and TransportCS9: Providing JobsCS10: Location of Employment SitesCS11: Rural Economy and TourismCS13: Climate ChangeCS14: High Quality DesignCS15: HeritageCS16: Landscape & WoodlandCS17: Green InfrastructureCS18: BiodiversityDM2: Sustainable Construction of New BuildingsDM3: High Quality DesignDM4: Development Within and Beyond Settlement EnvelopesDM9: Providing a range of TransportDM13: Heritage in DevelopmentDM14: Landscape and WoodlandDM15: BiodiversityDM16: Green Infrastructure

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Saved policies of the Mid Bedfordshire Local Plan, First Review (2005)

Central Bedfordshire Local Plan - Emerging

The Central Bedfordshire Local Plan has reached submission stage and wassubmitted to the Secretary of State on 30 April 2018.

The National Planning Policy Framework (paragraph 48) stipulates that from theday of publication, decision-takers may also give weight to relevant policies inemerging plans unless material considerations indicate otherwise.

The apportionment of this weight is subject to:

the stage of preparation of the emerging plan;the extent to which there are unresolved objections to relevant policies;the degree of consistency of the relevant policies in the emerging plan to thepolicies in the Framework.

Reference should be made to the Central Bedfordshire Submission Local Planwhich should be given limited weight having regard to the above. The followingpolicies are relevant to the consideration of this application:

SP1, SP2, SP7, T1, T2, T3, T4, T5, EE1, EE2, EE3, EE4, EE5, EE6, EE12, CC1,CC3, CC5, CC6, HQ1, HQ2, HE1, HE3, and DC3.

Supplementary Planning Guidance/Other Documents

Central Bedfordshire Design Guide (March 2014)Central Bedfordshire Landscape Character Assessment (2016)

Relevant Planning History:

Case Reference CB/16/04707/LDCELocation Redland Aggregates Site, Arlesey Road, HenlowProposal Lawful Development Certificate Existing: Use of land and buildings

for the importation, handling, bagging, storage and distribution ofaggregates, plant and materials (sui-generis including uses withinclass B2 & B8 activities)

Decision Lawful Dev - Existing - GrantedDecision Date 27/01/2017

Consultees:

Henlow Parish Council No representation received.

Landscape Officer The Council’s Landscape Officer has issued the followingconsultation response:

“The revised plan shows that a sufficient depth ofplanting is proposed for the northern and westernboundaries. The planting can be designed to have avaried internal edge to create a rich habitat with themeadow grassland area. native deciduous species arerecommended - the screen planting should avoid the useof pine or other evergreens as these will draw the eyeand be incongruous in the Ivel valley countryside.

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The area of disagreement is the treatment of the A507frontage and the proposal to infill the pond/swamp. I haveconcerns regarding the proposal to plant a double row ofAustrian Pine in this location - these trees would createan incongruous feature. The wetland character needs tobe enhanced with native trees such as lime, alder, willow,aspen and birch. Coppice management will providedense growth which will form effective screening.I have concerns that the proposed wildflower meadow willnot have optimum conditions, as the site will be shaded.It would be preferable to maintain a water feature in thisarea, to reflect the former land use and to supportbiodiversity. The Landscape Character Assessmentpromotes a strategy of "create and renew" landscapefeatures to strengthen the wetland character of the LowerIvel Clay Valley and specifically mentions new wetlandsand wet woodlands. In my view a shallow wetland wouldfurther this aim and contrast with the lakes on site.

Wet woodland planting enclosing some open water maybe an option as this would satisfy the safety aspectswhilst safeguarding the ecological benefits of the existingfeature”.

Arboriculturalist The Council’s Arboriculturalist has issued the followingconsultation response:

“Proposal is for the development of this site to includecaravan storage, 30 new holiday dwellings, storage,fencing, managers accommodation.

Looking at the information I would comment that: -

The site is covered by a 1953 Area Tree PreservationOrder that would provide legal protection for all trees onsite that existed at the time the Order was made.

Development of the site as proposed in the supplied planwould largely be within an area of land that has beenused for site storage, mineral extraction and a builder’syard. Impact on trees should be minimal. However, wewill require a Tree Protection Plan and Method Statementshowing clearly how trees to be retained will be retainedthroughout the development process in good order.

We will require detailed landscape proposals for the siteincluding species, sizes and densities of planting usingnative species suitable for location and soil type. It willinclude a Landscape Management Plan.

Key Requirements/Conditions:

(A) Arboricultural Method Statement and Tree ProtectionPlan.

(B) Detailed Landscape Proposals.(C)Detailed Landscape Management Plan”.

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Highways The Highway Officer has raised no objection subject tothe following conditions:

1/ The development shall not be brought in to use untilthe junction of the proposed vehicular access with thehighway has been provided in accordance with theapproved details.

ReasonIn order to minimise danger, obstruction andinconvenience to users of the highway and the premises.

2/ Before the development is brought into use, theproposed development shall be carried out andcompleted in all respects in accordance with the accesssiting and layout illustrated on the approved plan No.2018-1050 Rev E and defined by this permission and,notwithstanding the provision of the Town and CountryPlanning General Permitted Development Order 1995,(or any Order revoking or re-enacting that Order) thereshall be no variation without the prior approval in writingof the Local Planning Authority.

ReasonTo ensure that the development of the site is completedinsofar as its various parts are interrelated anddependent one upon another and to provide adequateand appropriate access arrangements at all times.

3/ No building shall be occupied until cycle storage hasbeen provided and the vehicle parking spaces have beenproperly surfaced and marked out/provided inaccordance with the approved drawing. The spaces shallthereafter be kept available for parking at all times.

ReasonTo minimise the potential for on-street parking andthereby safeguard the interest of the safety andconvenience of road users.

4/ Before the A507 access is first brought into use atriangular vision splay shall be provided on each side ofthe new access and shall measure 4.5m along the fence,wall, hedge or other means of definition of the frontboundary of the site, and 215m measured into the site atright angles to the same line along the side of the newaccess drive. The vision splays so described and on landunder the applicant’s control shall be maintained free ofany obstruction above the adjacent carriageway level.

ReasonTo provide adequate visibility between the existinghighway and the proposed access(es), and to make theaccess(es) safe and convenient for the traffic which islikely to use it (them).

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5/ No part of the leisure/ holiday accommodation shall bebrought in to use until footway/cycleway widening alongthe A507 between Arlesey Road, Henlow and Arleseytrain station slip road, has been provided in accordancewith details of a scheme to be submitted to and approvedby the Local Planning Authority. Any StatutoryUndertakers equipment or street furniture shall be resitedto provide an unobstructed footway to the crossing.

ReasonIn the interests of road safety and pedestrian movement.

6/ No development shall take place, including any worksof demolition, until a Construction Traffic ManagementPlan, associated with the development of the site, hasbeen submitted and approved in writing by the LocalPlanning Authority which will include information on:

(A) The parking of vehicles (B) Loading and unloading of plant and materials

used in the development(C) Storage of plant and materials used in the

development(D) The erection and maintenance of security

hoarding / scaffolding affecting the highway ifrequired.

(E) Wheel washing facilities(F) Measures on site to control the deposition of dirt /

mud on surrounding roads during thedevelopment.

(G) Footpath/footway/cycleway or road closuresneeded during the development period

(H) Traffic management needed during thedevelopment period.

(I) Times, routes and means of access and egressfor construction traffic and delivery vehicles(including the import of materials and the removalof waste from the site) during the development ofthe site.

The approved Construction Management Planassociated with the development of the site shall beadhered to throughout the development process.

ReasonIn the interests of safety, protecting the amenity of localland uses, neighbouring residents and highway safety.

Comments and advice in this memo are based on theinformation supplied in the planning application andaccompanying documents/plans and no liability isaccepted for any inaccuracy.

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Ecology The Council’s Ecologist has issued the followingconsultation response:

“Further information has been received in relation to theswamp and the applicant discusses the 'historical context'of the area explaining it is a manmade feature. This isclear on looking at historical OS maps which show thearea in question was part of a sand and gravel pit datingback to 1947 in a manner similar to that found to thesouth of the A507, incidentally an area which has beendesignated as a CWS due to its wet woodlandcharacteristics. So, whether a feature is manmade or notdoes not define its ecological value.

The ecological consultant has amended their commentsvia the justification that 'On the day of survey it wasdifficult to see closely except in a few locations, due tothe dense surrounding vegetation.'. It is questionable asto the value of this habitat prior to clearance, there is alikelihood that in fact the 'swamp' area contained habitatssimilar to that of the nearby CWS, unfortunately now thesite has been stripped of all deadwood and scrub asdescribed by the ecological report.

They continue further going on to say that 'Providing apond in that location would require a depth greater thanthat preferred where children are present.'. However, theAugust 2019 planning letter states that 'it is not theintention to utilise this area for recreational use inconnection with the tourist pitches or to encouragegames or picnicking.'.

To conclude, the NPPF places a requirement ondevelopment to deliver net gains for biodiversity andprevious comments were concerned with the loss of anecological feature. Arguments that there are additionalareas of open water in the vicinity are insufficient as it isacknowledged that many of these are stocked with fishand hence have extremely limited ecological value.

Concern towards the proposed removal of this featureremain, when determining net gain, the mitigationhierarchy is the starting point which looks first to avoidharm. There is an existing feature on site which has thepotential to become of equal value to existing nearbyhabitats of CWS standard, retaining the opportunity for awet area albeit ephemeral with wetland species richgrassland around the banks would still provide aestheticappeal whilst supporting declining wet habitats in thearea.

Correspondence has been received which raisesconcerns over the lack of species surveys for dormiceand reptiles.

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Dormice require specific woodland habitat which is notsupported in this site and there are no records ofDormice locally. The PEA claims reptiles are unlikely tobe present given the habitats on site, there areopportunities for reptiles in adjacent land holdings but thelack of records from the area have reasonably discountedtheir presence. Should development proceed a strategyfor biodiversity enhancement and site constructionpractices would be required”.

Local Flood Authority The Local Flood Authority has issued the followingconsultation response:

“On review of the FRA we are satisfied that subject toconditions the development is acceptable”.Recommended conditions:Condition 1: No development shall commence until adetailed surface water drainage scheme, to managesurface water runoff from the development for up to andincluding the 1 in 100 year event (+40%CC), and amaintenance and management plan for the scheme hasbeen submitted to and approved in writing by the LocalPlanning Authority. The discharge rate from thedevelopment will be to a suitably sized soakaway. Thefinal detailed design shall be based on the agreeddrainage strategy (Ref: Sherwood May 2019 2241-1018)and DEFRAs Non-statutory technical standards forsustainable drainage systems (March 2018) and shall beimplemented and maintained as approved. Maintenancewill ensure the system functions as designed for thelifetime of the development. Any variation to theconnections and controls indicated on the approveddrawing which may be necessary at the time ofconstruction would require the resubmission of thosedetails to the Local Planning Authority for approval.

Reason: To ensure the approved system will function to asatisfactory minimum standard of operation andmaintenance and prevent the increased risk of floodingboth on and off site, in accordance with para 163 and165 of the NPPF and its supporting technical guidance.

Condition 2: No building/dwelling shall be occupied untilthe developer has formally submitted in writing to theLocal Planning Authority a finalised ‘Maintenance andManagement Plan’ for the entire surface water drainagesystem, inclusive of any adoption arrangements and/orprivate ownership or responsibilities, and that theapproved surface water drainage scheme has beencorrectly and fully installed as per the final approveddetails.

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Reason: To ensure that the implementation andlong-term operation of a sustainable drainage system(SuDS) is in line with what has been approved, inaccordance with Written Statement HCWS161, 18thDecember 2014.

Pollution The Council’s Pollution Officer has raised no objectionsubject to the following conditions and informative notes:

1. No occupation of any permitted building or caravanshall take place until the following has been submitted toand approved in writing by the Local Planning Authority:

A Validation Report by means of which the effectivenessof the remediation implemented in accordance with theasp environmental assessment report dated February2019 shall be demonstrated to the Local PlanningAuthority (to incorporate photographs and depthmeasurements).

Any unexpected contamination discovered during worksshould be brought to the attention of the PlanningAuthority.

Reason: To protect human health and the environment

Informative

The British Standard for Topsoil, BS 3882:2007, specifiesrequirements for topsoils that are moved or traded andshould be adhered to. The British Standard for Subsoil,BS 8601 Specification for subsoil and requirements foruse, should also be adhered to.

There is a duty to assess for Asbestos ContainingMaterials (ACM) during development and measuresundertaken during removal and disposal should protectsite workers and future users, while meeting therequirements of the HSE.

Applicants are reminded that, should groundwater orsurface water courses be at risk of contamination before,during or after development, the Environment Agencyshould be approached for approval of measures toprotect water resources separately, unless an Agencycondition already forms part of this permission.

Minerals and Waste The Minerals and Waste Planning Authority have issuedthe following consultation response:

“The information submitted with the application identifiesthe mineral remaining on the site and considers how thiscan be used as part of the development so that it is not

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sterilised. Therefore, there is no objection to theapplication”.

Rights of Way Officer No response received.

Conservation Officer The Council’s Conservation Officer has issued thefollowing representation:

“The submitted visual assessment and viewpoints appearto overcome my concerns about the inter visibility of theproposal with The Grange (Grade II* listed building).Therefore, in my view, the proposed is now less harmfulto the setting of the highly graded designated asset.

In terms of the impact of the proposal upon the historiclandscape in relation to The Grange, my concerns remaingiven that the proposal would further intensifydevelopment in a landscape that historically has been inrelation to the country estate and part of its parkland (inaccordance with 1881 Ordnance Survey mappingavailable), this harm is considered 'less than substantial'in regards to the NPPF and carries some weight,however, I do note that the harm has been reduced alltogether given that not inter visibility will be perceivedbetween the listed building and the development.

Therefore, in conservation terms, I still have someconcerns about the proposal and the impact upon thishistoric landscape given the change of use of this part ofthe historic parkland (which has been eroded over theyears) and the intensification and permanence of thedevelopment”.

Historic England Historic England have issued the following consultationresponse:

“On the basis of the information available to date, we donot wish to offer any comments. We suggest that youseek the views of your specialist conservation andarchaeological advisers, as relevant”.

Bedfordshire and RiverIvel Internal DrainageBoard

No objection, requested condition relating to consentfrom the Internal Drainage Board.

Environment Agency No objection and request an informative note relating toFoul Drainage requirements.

Other Representations:

Neighbours 10 representations and 1 petition with 127 signaturesreceived in support of the application, and 1representation received objecting to the proposal onbehalf of Champneys Henlow Limited.

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The supportive comments have been summarised asfollows:

The change of use will greatly improve the area fromits current industrial use and be more in keeping withleisure activities of the owners existing campsite,Henlow Grange and the Boyd Field Scout Campsite;this is an excellent facility and I fully support andencourage this planning application;fantastic opportunity;great idea;this is a long time coming, much needed;what a wonderful idea and another addition to the localarea;badly needed caravan storage;amazing local site and fully support the plans;these plans will enhance the aggregate site into afurther useful community site;the site needs bigger storage and camping facilities;fully support plans for caravan workshop andaggregate site;application will enhance the site even further andprovide yet more services for the customers and localcommunity; the existing site provides first class leisure facilitieslocally at a minimal cost to the taxpayer;the existing site benefits from well maintained greenpaths, and provides a means of escape from everydaylife;the facility benefits from local walks, pubs and shopsas well as cycling;the facility is to be treasured and expanded;I can confirm that caravan storage of this CaSSOAstandard is difficult to find and in high demand;support the proposal for works to the currentaggregate site which would put this brownfield site toan environmentally sensitive use;the proposal would encourage wildlife to return andsupport the new housing in Henlow Village, providing avaluable green lung for residents;I encourage members to support this application, thissite has to date been developed with consideration forthe environment, wildlife and sustainability, and theowners continue to invest in these values with acontinuous program of tree planting, landscaping andcreating habitats, with a strong focus on recycling andcomposting on site;the site provides significant employment opportunitiesfor local people;the caravan storage facility provides a safe, securearea for local residents to store their caravans awayfrom their own domestic driveways, making the streetscene easier on the eye for other non-caravan owningfamilies;Henlow Bridge Lakes has grown into a fantasticamenity which has encouraged many families fromoutside the area to visit this part of Bedfordshire

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bringing money into the local community throughpurchases in the shops, visiting attractions such as theShuttleworth Collection and Woburn Abbey and hasdone a great deal to promote Central Bedfordshire;the site provides much needed full time and seasonalemployment for local people;the site is an asset for the community;the applications will be beneficial without being aneyesore;the proposals to change the use from a commercialaggregates site and to extend the existing campsite toprovide more caravan facilities and luxury holidaylodges is in our opinion, a logical and sensibleexpansion of the existing business;we are sure that if the planning is granted the workswill be carried out to the same high standards that theycurrently provide to their existing customers;there is a huge shortage of Gold Standard storage inthe UK and the expense that HBL have gone to hasensured that they are extremely secure resulting inlower insurance premiums for the customer. Having aworkshop on site as well as a permanent manageronly goes to increase the level of security and desirecampers have to return;the revenue the site has brought to the local area is afactor to consider but equally its location is of lowimpact to the surrounding area; andthe application will be beneficial to the environmentand the community.

The representation on behalf of Champneys HenlowLimited has been summarised as follows:

Henlow Grange is a Grade II* statutorily listed buildingbenefiting from the highest levels of protection underplanning and heritage statutes;The heritage statement fails to consider the impact ofthe development on the significance of the heritageasset known as Henlow Grange at a basic level due tothe failure of the application to clearly describe theproposed use of land north of the caravan storage andstatic lodge park. The area shown on Plan2241-2018-1050 Rev D as surfaced in hoggin andstone chips. This must be a surfacing proposal as theland has regenerated to greenfield as shown oncurrent aerial photographs. No use is proposed but theland lies within the red line application site. In suchcircumstances there must be uncertainty as to itsfuture use which could impact on the heritage asset.The applicant must enter into a Section 106agreement to keep all this land north of the caravanstorage and static lodges free from development inperpetuity to protect Henlow Grange;It is noted no landscaping is proposed between thenorthern boundary of the site and Henlow Grange. Asignificant tree belt is required as a minimum as part ofnecessary protection to the heritage asset;

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No assessment has been undertaken in accordancewith Guidance from Historic England in respect of theSetting of Heritage Assets and the National PlanningPractice Guidance;the applicant’s heritage statement fails to assess thesignificance of the heritage assets, does not considerthe impact on the setting of the assets, or carry outany policy assessment in accordance with the NPPF,PPG or material guidance as set out in advice fromHistoric England;the landscape statement is wholly inadequate toaddress the impact of the development on thecountryside both within and outwith the applicationsite. It does not consider the indivisibility between thedevelopment and the Heritage Assets at HenlowGrange;the application should have been subject to aLandscape and Visual Impact Assessment;there is no assessment of the development or anylandscape proposals in accordance with the NPPF,PPG or the Development Plan;the application form has not be completed correctly,there is no information on the ManagersAccommodation, the maintenance building. Noinformation is provided on the size of the lodges, whichtotals 3,797 sqm;further protected species surveys need to beconducted before permission can be issued, includingreptiles, snakes and dormice.no details are provided for surface or foul water;no reference to SuDs is mentioned;the sustainability statement states the static units willbe constructed on site rather than transported to thesite in a complete form. This confirms that the units willbe residential dwellings and not caravans;no impact assessment has been taken of noise, lightor air quality impacts of the proposed development onthe adjoining Henlow Grange Hotel and Health Spa.no details of the means of control of occupation of theresidential lodge dwellings has been provided so itmust be assumed they are permanent residentialwhich contrary to national and local planning policy;the application site is not wholly previously developed;no evidenced based demand information has beenprovided to justify the development;it is claimed the development is confined to thescarred areas of the site. However, gates provideaccess to the grassland to the north which could beused for other forms of development. No informationor suggested planning controls are provided for thisarea of land within the application site;it is proposed to screen the caravans with 2m highconcrete panels which would be an alien feature in thelandscape;some 190 spaces are proposed for caravan storageparking. This is a new commercial operation in the

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open countryside. At present no details are provided ofhow landscaping would screen the development;Caravan storage is not a rural diversification use. It isa commercial operation, likewise the maintenancebuilding is a commercial operation that could takeplace within an employment area;there is no construction logistics management plan;there is no travel plan as required by national and localplanning policy;Section 15 of the NPPF stresses the importance ofenhancing the natural environment recognising theintrinsic character and beauty of the countryside. Themain thrust of planning policy is to keep thecountryside free from unnecessary development;the Core Strategy and Development ManagementPolicies 2009 confirms "the countryside and openspaces will be enhanced by green infrastructure andthe historic context of both landscape and buildingswill be retained and enhanced. Overall, the district willhave kept its rural character for the benefit andenjoyment of future generations"; the application doesnot meet this spatial objective;there has been no site search to locate the proposedcaravan park and maintenance building within anyurban area;overall the development is contrary to the adoptedCore Strategy and Development Management Policiesadopted in 2009;due weight will need to be given to the draft policies inthe emerging local plan. There are no policies tosupport the proposed development;there are no material considerations which whenweighed in the balance amount to a reason to permitdevelopment.

Determining Issues:The main considerations of the application are;

1. Principle2. The intrinsic character and beauty of the Countryside and the significance

Heritage Assets3. Biodiversity, Protected Species and trees4. Highway Considerations5. Pollution6. Surface Water and Flood Risk7. Other Considerations

Considerations

1. Principle1.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires

that applications for planning permission must be determined in accordancewith the Development Plan unless material considerations indicate otherwise,with national policy, most particularly the NPPF, being one such materialconsideration.

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1.2

1.3

1.4

1.5

1.6

1.7

1.8

1.9

1.10

1.11

1.12

The application proposes a change of use of land for multiple uses, theprinciple of those uses in this location shall be discussed in turn.

The site is located beyond settlement envelopes, whereby the site isconsidered to be located in open countryside for planning purposes.

Siting 30 Caravans restricted to use for tourist accommodation

Policy CS11 of the Core Strategy and Development Management Policiesseeks to support the rural economy and promote tourism by:

supporting proposals for tourist or leisure developments in settlements or inthe countryside including new tourist accommodation which providesopportunities for rural diversification and are well located to support localservices, businesses and other tourist attractions.

It is considered that the proposed development is well located to support localservices and businesses as well as other tourist attractions. The proposal isdirectly adjacent to Henlow Bridge Lakes which contains several business andleisure uses and within proximity to Henlow Grange which is used as a HealthSpa Resort. The site also has footpath and cycleway connections to Arleseytrain station and Henlow village, which has several shops and service.

The area of land proposed to be used for the siting of 30 caravans to berestricted for tourist accommodation, is previously developed land the reuse ofwhich is encouraged within paragraph 117 of the NPPF. The principle of theproposed development is also supported by paragraphs 83 and 84 of theNPPF.

Caravan Storage and ancillary maintenance and repair building

The land for which the proposed to be used for caravan storage, use class B8,and ancillary maintenance and repair building, is to be sited, is considered toform previously developed land. The proposed development seeks to reusethe existing site as an extension to the existing mixed use Henlow BridgeLakes site which already features and element of Caravan Storage.

Policy CS11 of the Core Strategy and Development Management Policiesseeks to support the rural economy by supporting diversification of the ruraleconomy and seeking for existing rural employment sites to be redeveloped foremployment use. The supporting text to Policy CS11 under paragraph 6.5.3states that the Council will continue to support the reuse of redundant … sitesin the Countryside. As stated, the development seeks to replace an existingemployment use with Caravan Storage which is considered to form anemployment use and a Tourism use.

The principle of the proposed development is therefore considered to besupported by Policy CS11 of the Core Strategy and DevelopmentManagement Policies (2009).

Third party objections have raised concerns regarding the principle of CaravanStorage in the open countryside with reference to Policy DM4, however theCore Strategy and Development Management Plan needs to be read as awhole. Policy DM4 (Development Within and Beyond Settlement Envelopes)seeks to direct development towards and support development within existingsettlement envelopes, however, the policy does not restrict the extension of

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1.13

1.14

1.15

1.16

1.17

1.18

1.19

1.20

1.21

existing commercial uses outside of settlement envelopes through reference toPPS 7.

As part of PPS7 under Section 5, although superseded, it states: Planningauthorities should support a wide range of economic activity in rural areas andunder (ii) it states; set out in LDDs their criteria for permitting economicdevelopment in different locations, including the future expansion of businesspremises, to facilitate healthy and diverse economic activity in rural areas. Theproposal including the caravan storage and leisure caravan use areconsidered to form an extension to an already existing business at HenlowBridge Lakes, which is a mixed use site with Caravan Storage and theproposal would provide additional employment and therefore the proposalwhich accords with Policy CS11, would conform with this aspect of PPS7 andthereby it is not considered that the principle of the proposed developmentwould conflict with Policy DM4 or the emerging policy SP7 but is supported byPolicy CS11 and the emerging Policy EMP4.

However, as stated PPS7 is now superseded by the NPPF, which requiresconsideration. Paragraphs 83 and 84 of the NPPF (2019) seek to support aprosperous rural economy through allowing the development anddiversification of other land-based rural businesses and through ensuring thatdevelopment is sensitive to its surroundings. The proposed change of usewould allow for the expansion of an existing business in support of the ruraleconomy and the reuse of an existing rural employment site.

For the reasons outlined it is considered that the proposed Caravan Storage isin principle in accordance with the Development Plan, and materialconsiderations do not indicate otherwise. The detail of the proposal will needto be carefully considered.

The siting of a single caravan restricted to occupation by a site manager

The application seeks the siting of a caravan to be used as a permanentdwelling by a Site Manager as well as being used for security and officeadministration purposes, ancillary to the wider use of the site. The justificationprovided is the high level of security, administration and management involvedin functioning the two proposed uses.

It is suggested that if necessary, a planning condition could control theoccupation of the unit by limiting it to the management of the site.

The site is located beyond settlement envelopes as defined by the ProposalsMaps, whereby it is classified as being within open countryside. The nearestsettlements, which benefit from a settlement envelope, are Henlow andArlesey, which are connected to the site by existing cycleways and footpathsbut are some distance away.

It is necessary to consider whether the proposed dwelling would be consideredan isolated dwelling in the context of paragraph 79 of the NPPF, whichindicates that new dwellings in such locations should be avoided unlessspecified circumstances apply, which includes instances where "there is anessential need for a rural worker... to live permanently at or near their place ofwork in the countryside".

Caselaw (Braintree District Council v Greyread Limited & Anr. Case NumberC1/2017/3292) upheld the judgement that the term isolated is not defined in

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1.22

1.23

1.24

1.25

1.26

the NPPF and as such its ordinary objective meaning of "far away from otherplaces, buildings or people" should be used. When considering the proximityof the proposed development to the existing dwelling known as the Lodge andthe proximity of the proposal from people by virtue of the proposed leisureoperation, it is considered that the proposed dwelling in connection with theproposal would not be isolated for the purposes of paragraph 79 of the NPPFand as such the proposed development is not precluded by this paragraph.

The fact that a site is not isolated, for the purposes of Paragraph 79 of theNPPF does not automatically mean that a site is sustainably located in respectof accessing services and facilities to meet the everyday needs of occupiers,but just that it is not far away from other places, buildings or people.

It is noted that the approximately 400 metres of the A507 from Henlow to thesite access benefits from an existing 2 metre wide shared footpath andcycleway and that this connection continues to the east of the site access toBridge End Road, where Bridge End Road is a road with a 2 metre widefootpath leading to Arlesey Train Station. The site access is approximately 750metres from Arlesey Train Station.

In respect of access to other modes of public transport the closest bus stops tothe site are Church Lane, Arlesey (950 metres), Arlesey Road, Henlow BusStop (650 metres) and High Street, Henlow Bus Stop (800 metres). Although itis considered that the site is reasonably well connected to public transport fortourist accommodation, when considering the distance from local services andfacilities such as schools, healthcare and food stores, it is considered thatsuch facilities are not walkable or easily accessible, whereby it is consideredthat future permanent occupiers of the managers unit would likely use aprivate motor vehicle to meet their everyday needs. Therefore, it is consideredthat the site would form a usually unsustainable location for a newindependent dwelling.

Notwithstanding the above, the proposed development seeks accommodationthat is justified through its necessity for the proposed business use and theoccupation of which could be restricted by condition. Although the NPPF isstrictly silent in relation to rural workers dwellings, that are not isolated in thecontext of Paragraph 79a, a pragmatic interpretation of national policyindicates that the considerations for the proposal in this location are notdissimilar in the context that they require consideration of the planning balanceand may be justification through the proposed enterprise.

Paragraph 010 of the Planning Practice Guidance for housing needs ofdifferent groups as revised on 22 July 2019 sets out the considerations that itmay be relevant to take into account when applying paragraph 79a of theNPPF, stating such considerations could include:

evidence of the necessityfor a rural worker to live at, or in close proximity to, their place of work toensure the effective operation of an agricultural, forestry or similarland-based rural enterprise (for instance, where farm animals or agriculturalprocesses require on-site attention 24-hours a day and where otherwisethere would be a risk to human or animal health or from crime, or to dealquickly with emergencies that could cause serious loss of crops orproducts);the degree to which there is confidence that the enterprise will remainviable for the foreseeable future;whether the provision of an additional dwelling on site is essential for the

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1.27

1.28

1.29

1.30

1.31

1.32

1.33

1.34

continued viability of a farming business through the farm successionprocess;whether the need could be met through improvements to existingaccommodation on the site, providing such improvements are appropriatetaking into account their scale, appearance and the local context; andin the case of new enterprises, whether it is appropriate to considergranting permission for a temporary dwelling for a trial period.

In the context of the above guidance Annex A of the superseded PPS 7 hasstill been used as guidance for the application of the test for establishing"essential need". This is supported by Policy DC3 of the emerging Local Plan.

PPS 7 Annex A outlines that there may be instances where special justificationexists of a new dwelling associated with a "other" rural based enterprisesubject to the enterprise itself, including any development necessary for theoperation of the enterprise being acceptable in planning terms and permitted inthat rural location, regardless of the consideration of any proposed associateddwelling.

PPS 7 Annex A applies the following stringent levels of assessment toapplications for such new occupational dwellings as they apply for agriculturaland forestry dwellings.

Annex A of PPS 7 states that where a new dwelling is essential to support anew activity, whether on a newly-created unit or an established one, it shouldnormally, for the first three years, be provided by a caravan, a woodenstructure which can be easily dismantled, or other temporary accommodation.

It is considered that the proposed development seeks a dwelling on the basisof such a new activity and therefore the principle of such a dwelling shouldnormally be provided by temporary accommodation. It is considered that theapplication seeks approval for a caravan which would only be considered to beacceptable on a temporary basis, in accordance with this guidance.

Annex A of PPS 7 states that applications for such accommodation shouldsatisfy the following criteria:(i) clear evidence of a firm intention and ability to develop the enterprise

concerned;(ii) functional need;(iii) clear evidence that the proposed enterprise has been planned on a sound

financial basis;(iv) the functional need could not be fulfilled by another existing dwelling on the

unit, or any other existing accommodation in the area which is suitable andavailable for occupation by the workers concerned; and

(v) other normal planning requirements e.g. on siting and access, are satisfied.

In relation to test (i), it is considered that the existing site has been purchasedby the applicant, the applicant currently has an established and well usedbusiness adjacent to the site, for which this application forms an expansion to,and the applicant has demonstrated through years of work on theneighbouring site, that they are clearly intending and capable of developing theenterprise concerned.

In relation to test (iii) it is considered that the enterprise has been planned on asound financial basis. The site is currently used as an active aggregates sitewhich has remained viable for many years and has the potential to continue its

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1.35

1.36

1.37

1.38

1.39

1.40

operations. There are commercial incentives to develop the site for alternativeuse as an expansion to the existing Tourism and Caravan Storage enterpriseat Henlow Bridge Lakes.

In the contest of (ii) and the functional needs test, although superseded by theNPPG the former government guidance document: “The Good Practice Guideon Planning for Tourism”, provides specific guidance for “staff accommodation”at tourist sites, whereby the guide advises:

“For many types of holiday parks, a residential managerial presence is oftenessential, to achieve a quality of service to the customer, security for theproperty, and to meet the obligations of health and safety regulations.Accommodation may also be needed for key members of staff. As far aspossible suitably located existing dwellings should be used to meet theseaccommodation needs. But where there is not a feasible option, andparticularly in locations where suitable housing is not available, or isunaffordable, it may be necessary to provide new, on-site accommodation formanagerial and/or other staff. In such cases the conversion of any suitableavailable existing buildings should be considered first in preference to theconstruction of new and potentially intrusive housing development in thecountryside”.

This former government guidance with reference to the tests within Annex A ofPPS 7 states: “There will be some cases where the nature and demands of thework concerned make it essential for one or more people engaged in tourismenterprise to live at, or very close to, the site if their work”.

The applicant has detailed the need for constant security on site to provideregular late evening, early dawn and night checks in order to maintain sitesecurity. In addition, visitors sometimes arrive late at night due to break downsand hold ups, requiring staff to leave their homes to open up the site. Theapplicant claimed that employing night time staff 7 days a week would becostly and unviable. Also, without 24 hours cover the applicant stated that thequality of service would be reduced.

In the context of (ii) and (iii) it is noted that the existing Henlow Bridge Lakessite benefits from a permanent managers accommodation as approved underCB/14/03258/FULL, however due to the separation of this site to the existingsite by the public right of way and the need to maintain security of a newseparate vehicular entrance it is considered that additional accommodation onthis site would be essential and in the context of this enlarged enterprise onthis separate site.

When considering the above, it is considered that the principle for managersaccommodation in the form of a Caravan, on a temporary basis in the firstinstance, would be justified and would accord with the thrust of theDevelopment Plan policy, National Planning Policy and Planning Guidance.The latter is subject to the detail of the proposed development, as a whole,being considered acceptable in detail.

2. The intrinsic character and beauty of the Countryside and thesignificance Heritage Assets

2.1 The proposed area within the site to be developed largely consists ofpreviously developed land and is dominated by bare ground. Within theproposed site area is a short spur or mound which is vegetated, however mostof this is self-seeded scrub. This area is not illustrated for development on the

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2.2

2.3

2.4

2.5

2.6

2.7

2.8

site layouts provided.

To the south of the site is a former lagoon or wash area, with existing treesand vegetation screening the development from the A507, landscapescreening is indicated for enhancement in this location. To the east of the siteis existing mature and dense landscaping with bunding, screening the site fromthe public right of way. To the west of the site is existing bunding and planting,screening views from Henlow across the adjacent agricultural field, thisscreening is illustrated as being proposed for additional planting. To the northof the development area, is land within the applicant’s control which is heavilyplanted with trees and shrubs, and the applicant is proposing to provide 20metre and 10-metre-deep landscaping buffers to be planted with native treesand shrubs. Further to the north is the Grade II* Listed Building known asHenlow Grange.

The site is located within the National Landscape Character Area 88"Bedfordshire and Cambridge Claylands" and Local Landscape Area "UpperIvel Clay Valley".

Although the site is not located within an area with a statutory landscapedesignation and the NPPF does not seek to protect the countryside for its ownsake, caselaw (Cawrey Limited and the SoS for CLG [2016] EWHC 1198(Admin)) has established that development proposals affecting parts of thecountryside that are not subject to a statutory landscape designation,nevertheless come within the scope of the provisions of what is now paragraph170b) of the NPPF.

Paragraph 107b) of the NPPF outlines that planning decisions shouldcontribute to an enhance the natural and local environment by recognising theintrinsic character and beauty of the countryside, the wider benefits fromnatural capital and ecosystem services.

Section 66 (1) of the Planning (Listed Buildings and Conservation Areas) Act1990 (as amended) requires the local planning authority in consideringwhether to grant planning permission for development which affects a listedbuilding or its setting, to have special regard to the desirability of preservingthe building or its setting or any features of special architectural or historicinterests which it possesses.

Paragraph 192 of the NPPF states: In determining applications, local planningauthorities should take account of:a) the desirability of sustaining and enhancing the significance of heritage

assets and putting them to viable uses consistent with their conservation;b) the positive contribution that conservation of heritage assets can make to

sustainable communities including their economic vitality; andc) the desirability of new development making a positive contribution to local

character and distinctiveness.

Paragraph 193 and 194 of the NPPF continues that when considering theimpact of a proposed development on the significance of a designatedheritage asset, great weight should be given to the asset's conservation (andthe more important the asset, the greater the weight should be). Any harm to,or loss of, the significance of a designated heritage asset (from its alteration ordestruction, or from development within its setting), should require clear andconvincing justification.

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2.9

2.10

2.11

2.12

2.13

2.14

2.15

The house combines a formal classical structure with a decorative use ofbrickwork and illustrates architectural fashion on the early Georgian period.The house is five bays wide with a single storey wing to the south east and atwo storey wing to the north west. Attached to the larger wing is the stableblock which has seventeenth century origins but was re-worked when thehouse was built and then extended in the nineteenth century. It has beenconverted to accommodation. The entrance court to the house lies behind afine screen of brick with decorative iron gates and railings which date from1911. The house has been compromised by vast twentieth century extensions.The expansion of the village has eroded its countryside setting but it retains anattractive landscape setting (HER 6993). The house is grade II* and thestables and forecourt screen are grade II.

In accordance with paragraph 193 great weigh is given to the conservation ofthese heritage assets. Consideration has been given to how these assets areexperienced

It is noted that the site is located within the former parkland of Henlow Grangeand that the site is considered to be within the historical setting of this ListedBuilding, as associated parkland. However, the screening and bunding thathas been planted on land to the north of the site and east of the applicationsite along the public right of way as well as to the west of the site has broughtabout a very significant change. Historically a small part of the site formed anOld Gravel Pit and the landscape would have been far more open with moreformal tree planting along the public right of way towards The Grange, thestables and forecourt screen. There would have been clear indivisibilitybetween the site and these heritage assets. However now there is very limitedindivisibility between the site and The Grange, stable block and forecourtscreen, as well as between the site and the wider original Parkland and widerviews into the parkland. This screening has made the Park more enclosed andensures the development would have very limited impact on how these assetsare experienced and thereby the significance of those assets.

This landscape screen is key to any impact on the significance of The Grange,the stable block and forecourt screen. At the present time, the existence of thescreen means that the proposed development would have very limited lessthan substantial harm to significance of the heritage assets.

It is considered that subject to conditions and S106 agreement to secure thelandscaping implementation, retention and management, it is considered thatthe proposed developments would result in a low level of less than substantialharm to the significance of these assets, which includes their settings as wellas any features of special architectural or historic interests which theypossess.

Paragraph 196 of the NPPF states: "Where a development proposal will leadto less than substantial harm to the significance of a designated heritageasset, this harm should be weighed against the public benefits of the proposalincluding, where appropriate, securing its optimum viable use".

It is considered that the public benefits of the proposed development includethe economic benefits of additional tourist accommodation, including increasedlocal spending, which may include increased visits to the neighbouring HenlowGrange Health Spa, and thereby positively contributing to the retention of thisasset for future generations. It is considered that the harm to the significanceof heritage assets is clearly and convincingly justified that the public benefits

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2.16

2.17

2.18

2.19

would outweigh the level of harm identified.

The Landscape Officer, has raised concerns in relation to the species ofplanting proposed, it is considered that a condition, requiring the submission ofa soft landscaping scheme that would ensure the species are acceptablewithin this context, that the proposed development would be acceptable in thiscontext.

Concern has been raised in relation to the proposed fencing design, however itis considered that due to existing bunding and subject to soft landscaping, theproposed fencing would not be highly visible from outside of the developmentsite.

It is considered that the proposed caravan storage use and the leisure caravansite could include external lighting. It is considered that subject to conditions,that would ensure any external lighting is appropriate in design, that thedevelopment would be acceptable in this context.

For the reasons outlined above it is considered, subject to conditions, that theproposed development would be acceptable within the context of conservingand enhancing the built historic environment. Furthermore; it is consideredthat, subject to conditions and a S106 agreement, the development would beof a high quality and would not cause harm to the character and appearance ofthe area more generally. The proposal would conform with Policies DM3,CS16, DM13 and CS15 of the Core Strategy for the North of CentralBedfordshire; Policies HQ1 and HE3 of the Submission Central BedfordshireLocal Plan; the Central Bedfordshire Design Guide; and the NPPF.

3. Biodiversity, Protected Species and trees3.1

3.2

3.3

3.4

The proposed area within the site to be developed largely consists ofpreviously developed land and is dominated by bare ground. Within theproposed site area is a short spur or mound which is vegetated, however mostof this is self-seeded scrub sheltering a minor badger sett. This area is notillustrated for development on the site layouts provided. However; it will benecessary for a condition relating to site construction practices.

To the south of the site is a former lagoon or wash area. This is a manmadefeature formerly used as an aggregate washing lagoon but is no longer in use,whereby water is no longer fed into this area. There are trees surround thisfeature including Alder and Willows, which represents the BRMC biodiversitynetwork maps classification of this part of the site as wet woodland. However,the Preliminary Ecological Appraisal outlines that this feature is no longer inuse as a washing lagoon and as such has dried up, without a supply of water,and the ground flora usually associated with this habitat type is no longerpresent.

The application indicates this former lagoon or water holding area to be filledwith inert waste and mixed spoil generated through developing the site andthen planted with wildflower species and trees to assist with screening the siteand providing net gains for biodiversity. The applicant states that this willprevent this being transported off site by HGV vehicles and would achieve anenhancement that contributes in net gains in biodiversity as proposed as anenhancement opportunity in the Preliminary Ecological Appraisal.

The Council’s Ecologist has raised concerns in relation to this element of theproposal stating that the loss of wet woodland habitat should be avoided where

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3.5

3.6

3.7

3.8

3.9

3.10

possible. Notwithstanding this concern, it is considered that this wash area isno longer in use and as such the habitat conditions for the formation of wetwoodland is no longer present on site. The Council’s Ecologist has confirmedthat this matter relates to the issue of net gain for biodiversity rather thanprotected species or habitats, whereby it is considered that subject to anecological enhancement scheme, including suitable on and off site plantingthat a net gain for biodiversity could be achieved. Therefore; subject toconditions it is considered that the proposed development is acceptable withinthis context subject to conditions.

The Council’s Arboriculturalist has identified that the site is covered by a 1953Area Tree Preservation Order that would provide legal protection for all treeson site that existed at the time the Order was made.

Development of the site as proposed in the supplied plan would largely bewithin an area of land that has been used for site storage, mineral extractionand a builder’s yard. Thereby the impact on trees should be minimal. However,it is considered necessary for a condition to require the submission of anArboricultural Method Statement and Tree Protection Plan to ensure the treesto be retained will be retained throughout the development process in goodorder.

Furthermore, it is considered detailed landscape proposals and a LandscapeManagement Plan will be required to be provided by Condition.

For the reasons outlined above, subject to conditions it is considered that theproposed development would be acceptable within the context of PoliciesCS16, DM14 and DM15 of the Core Strategy and Development ManagementPolicies, which seek to:

conserved woodlands including ancient and semi-natural woodland,hedgerows and veteran trees;ensure that trees, woodland and hedgerows in the district will beprotected by requiring developers to retain and protect such features inclose proximity to building works. Any trees or hedgerows lost will beexpected to be replaced; andprotect or enhance biodiversity.

Furthermore; it is considered that the development would accord withParagraph 107b) of the NPPF outlines that planning decisions shouldcontribute to an enhance the natural and local environment by recognising theintrinsic character and beauty of the countryside, the wider benefits fromnatural capital and ecosystem services, and 107d) which seeks to minimisingimpacts on and providing net gains for biodiversity.

A third party has raised concerns in relation to the absence of surveys forprotected species including field mice, snakes and reptiles, however theCouncil’s Ecologist has indicated that such surveys would not be required fordevelopment in this location.

4. Highway Considerations4.1 No objection has been received from the Highway Authority. The Highway

Authority have confirmed that the site access has the required visibility splays,which would be entirely within the highway boundary. The Highway Authorityhave also confirmed that the additional traffic can be accommodated on thehighway network.

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4.2

4.3

4.4

4.5

4.6

Subject to conditions it is considered that the proposed development would beacceptable in the context of Car Parking, Highway Safety and highwaycapacity, in accordance with Policy DM3 of the Core Strategy andDevelopment Management Policies (2009) and Policies T2 and T3 of theSubmission Central Bedfordshire Local Plan, as well as the policies within theNPPF, in that context.

This development would increase the use of the existing 2 metre widefootpath/cycleway on the northern side of the A507 that leads in to ArleseyStation and the village of Henlow. The Highway Authority have requested acondition to secure widening this connection to 3 metres where possible. Thisconnection is approximately 1 km in length and serves as a strategicconnection, linking Henlow to the train station in Arlesey. The applicationrelates to the provision of Caravan Storage which would not significantlyincrease use, due to the need for a vehicle to tow, thereby the justification forthis condition relies on the trips generated by the 30 leisure holiday caravansand the managers accommodation.

It has been suggested by the developer that a proportionate financialcontribution towards a widening scheme could be justified if a costed schemeis available to base a calculation for the level of contribution and if it isconsidered that the widening scheme is necessary for the development to beconsidered acceptable. However, no costed scheme has been provided.

When considering that this is an improvement to an exiting footpath/cyclewayconnection serving the site and the existing Henlow Bridge Lakes Facility, it isnot considered that the acceptability of the proposal hinges on the delivery ofthis widening, as such it is considered that the proposed development isacceptable without such an improvement, and a refusal of planning permissioncould not be justified, thereby such an obligation or condition is not considerednecessary failing the relevant tests.

For the reasons outlined above subject to the other suggested conditions bythe Highway Authority it is considered that the proposed development isacceptable within this context.

5. Pollution5.1

5.2

5.3

The Council’s Pollution Officer has raised no objection subject to conditionsrelating to the submission of a validation report to ensure the effectiveness ofthe remediation implemented, to protect human health. Furthermore theEnvironment Agency has raised no objection to the application.

For the reasons outlined above it is considered that the proposed developmentwould be acceptable subject to conditions, in the context of contamination.

The A507 is a source of traffic noise, the application includes a noiseassessment which has been submitted. The Council's Pollution Officer hasconfirmed that Holiday let Caravans are not subject to a specific noisestandard as this is a commercial enterprise, however the proposed managersaccommodation would be subject to the noise standards applicable to adwelling.

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5.4 It is considered that the noise mitigation suggested in the submittedEnvironmental Assessment Report, would provide an acceptable mitigation fornoise impacts. Thereby subject to conditions, that would secure a scheme fornoise mitigation for the managers accommodation, it is considered that thedevelopment would be acceptable within this context.

6. Surface Water and Flood Risk6.1

6.2

6.3

The Lead Local Flood Authority has raised no objection to the proposeddevelopment subject to conditions requiring the submission of a surface waterdrainage scheme for the approval of the Local Planning Authority as well as ascheme for the maintenance and management of the surface water drainageinfrastructure.

It is considered that subject to conditions, the proposed development would beacceptable within this context, whereby the proposed development would notbe at unacceptable risk of flooding from any source and would not result in anincreased risk of flooding off site.

Details of Foul Drainage will also be required by condition, to ensure anacceptable scheme for Foul Drainage, in the context of Paragraph 020 of theNational Planning Practice Guidance (Water supply, wastewater and waterquality).

7. Other Considerations7.1

7.2

7.3

7.4

7.5

7.6

7.7

Impact on the amenity and living conditions of neighbouring dwellings

The only neighbouring property in direct proximity to the site is The Lodge.When considering the proposed use in proximity to this neighbouring dwellingis holiday caravans, with significant landscaping between the caravans andthis neighbouring dwelling, it is considered that the proposed developmentwould not cause an unacceptable impact in relation to loss of light, outlook,privacy, noise/disturbance and over bearing impacts.

For the reasons outlined above it is considered that the proposeddevelopment is acceptable within this context, in accordance with Policy DM3of the Core Strategy and Development Management Policies (2009) andPolicy HQ1 of the Emerging Local Plan.

Sterilisation of Minerals

The site is a former Minerals Site, whereby the proposed development of thesite has the potential to sterilise mineral resources, however the no objectionto the proposed development has been raised by the Minerals and WasteAuthority. Therefore it is considered that the proposed development isacceptable within this context.

Human Rights and Equality Act issues

Based on information submitted there are no known issues raised inthe context of Human Rights / The Equalities Act 2010 and as suchthere would be no relevant implications.

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Recommendation:

That Planning Permission be GRANTED subject to a Section 106 Agreement tosecure off site landscape maintenance and management and the followingconditions:

1 The development hereby permitted shall begin not later than three yearsfrom the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act1990 as amended by Section 51 of the Planning and Compulsory PurchaseAct 2004.

2 Notwithstanding the detailed drawings submitted, the ManagersAccommodation and 30 Leisure Holiday Caravans/Lodges hereby approvedshall meet the definition of a caravan as set out in the Caravan Sites Act1968, Part 3, Section 13. This shall include compliance with the size criteriafor a mobile home being that it shall not exceed a length of 18.2888m, widthof 6.096m and with an internal height of living accommodation not exceeding3.048m.

Reason: The approval is granted on the basis of the caravan units notconstituting operational development.

3 The 31 Caravans/Lodges consisting of the 30 Leisure HolidayCaravans/Lodges and Managers Accommodation, hereby approved, shallbe sited in accordance with drawing reference 2018-1050 rev F.

Reason: To enable the Local Planning Authority to control the layout.

4 The Managers Accommodation to be sited in location: 1, as illustrated bydrawing number 2018-1050 rev F and required by Condition 3 of thispermission, shall be occupied by a manager or member of staff inconnection with the operation of the Leisure Holiday Caravan Site.

Reason: The accommodation hereby approved is accepted on the basisthat it is essential for the operation of the leisure facility, and wouldotherwise form inappropriate development in the open countryside, inaccordance with Policies CS1 and DM4 of the Core Strategy andDevelopment Management Policies 2009; the Emerging Local Plan and theNPPF.

5 The Managers Accommodation hereby permitted shall be removed and thesite restored to such a condition as may be agreed beforehand in writing bythe Local Planning Authority, within a period of 3 years from the date of thispermission, unless a further period is otherwise agreed by the LocalPlanning Authority.

Reason: To enable further consideration of the requirement for acontinuation of such on site accommodation based on the future needs ofthe business or otherwise to ensure that the site is restored to a suitablecondition/use.

6 The Leisure Holiday Caravans/lodges to be stationed in locations: 2; 3; 4; 5;6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 25; 26;27; 28; 29; 30; and 31, as illustrated by drawing number 2018-1050 rev Fand required by Condition 3 of this permission, shall be occupied for holidaypurposes only, and shall not be occupied as a person's sole, or main placeof residence.

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The Leisure Holiday Caravans/lodges hereby approved shall not beoccupied by an individual person(s) for a period of time that exceeds 28consecutive days and nights.

The owners/operators of the site shall maintain an up-to-date register of thenames of all owners/occupiers of individual caravans/lodges on the site, andof their main home addresses, and shall make this information available atall reasonable times to the local planning authority.

Reason: To ensure that the approved holiday accommodation is not usedfor unauthorised permanent residential occupation, and thereby would notresult in the provision of independent residential dwellings in anunsustainable location and place unmitigated pressure on local school,health and social infrastructure, in accordance with Policies CS1, CS2 andDM4 of the Core Strategy and Development Management Policies 2009; theEmerging Local Plan and the NPPF.

7 The Caravan Repair and Maintenance Workshop hereby approved shallonly be used for ancillary purposes in connection with the Caravan Storageand Leisure Holiday Caravan use hereby approved.

Reason: To avoid the proliferation of buildings unrelated to the need of thissite within the open countryside, in accordance with Policy DM4 of the CoreStrategy and Development Management Policies 2009; the Emerging LocalPlan and the NPPF.

8 No development shall commence until an Arboricultural Report andTree Constraints Plan, detailing the trees to be retained and those to beremoved as well as methods to be undertaken to protect retained treesduring construction including details and methods for constructionactivities within close proximity to any retained trees. The developmentand works shall be carried out in full accordance with the details withinthe approved Arboricultural Report and Tree Protection Plan. All treeworks shall be carried out in accordance with BS 3998Recommendations for Tree Work (2010) (as amended).

Reason: This condition is pre commencement to ensure the protectionof retained trees, in accordance with Policies CS16, DM14, DM15 andDM3 of the Core Strategy and Development Management Policies(2009); Policy EE4 of the Emerging Local Plan; and the NPPF.

9 Notwithstanding the details submitted, no development shallcommence until a Landscaping Scheme for all hard and softlandscaping within the red line area of the site as defined by drawingnumber 2018-1050 rev F, has been submitted to and approved inwriting by the Local Planning Authority. The Landscaping scheme shallinclude:

details of all surfacing materials, boundary treatments, as well asspecies and densities of all planting;replacement tree or hedgerow planting for any to be removed asidentified by Condition 7;timescales/triggers/phasing for the implementation and completionof all landscaping; anda Landscaping Management and Maintenance Plan for all on sitelandscaping.

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Thereafter; the approved landscaping scheme shall be carried out infull accordance with the approved details and shall be maintained andmanaged in accordance with the approved landscape management andmaintenance plan.

Reason: This condition is prior to commencement, to secure anacceptable landscaping scheme and ensure the implementation,completion, management and maintenance of on site landscaping, tomitigate impacts of the development on the intrinsic character andbeauty of the Countryside and the significance of heritage assets, aswell as to achieve a net gain for biodiversity, in accordance with PolicyCS15, CS16, DM14 and DM15 of the Core Strategy and DevelopmentManagement Policies (2009); the Emerging Local Plan; and the NPPF.

10 Notwithstanding the details submitted, no development shallcommence until a detailed Landscaping Scheme for all off site softlandscaping in accordance with the principles illustrated on DrawingNumber 2018-1050 rev F, has been submitted to and approved inwriting by the Local Planning Authority. The Landscaping scheme shallinclude:

the location, species and densities of all planting; andtimescales/triggers/phasing for the implementation and completionof all landscaping.

Thereafter; the approved landscaping scheme shall be carried out infull accordance with the approved details.

Reason: This condition is prior to commencement, to secure anacceptable landscaping scheme and ensure the implementation andcompletion of off site landscaping, to mitigate impacts of thedevelopment on the intrinsic character and beauty of the Countrysideand the significance of heritage assets, as well as to achieve a net gainfor biodiversity, in accordance with Policy CS15, CS16, DM14 andDM15 of the Core Strategy and Development Management Policies(2009); the Emerging Local Plan; and the NPPF.

11 Notwithstanding the details submitted; no development shallcommence until details of the existing and final ground levels for thesite consisting of topographical surveys, has been submitted to for theapproval in writing by the Local Planning Authority. Thereafter thedevelopment shall be carried out in accordance with the approveddetails.

Reason: This condition is prior to commencement, to ensure impactsof the development on the intrinsic character and beauty of theCountryside and the significance of heritage assets would beacceptably mitigated, in accordance with Policy CS15, CS16, DM14 andDM15 of the Core Strategy and Development Management Policies(2009); the Emerging Local Plan; and the NPPF.

12 No development shall take place until an ecological enhancementstrategy (EES) for the creation of new wildlife features such ashibernacula; habitat creation; the erection of bird/bat and bee boxes;and tree, hedgerow, shrub and wildflower planting/establishment, hasbeen submitted to and approved in writing by the local planning

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authority. The content of the method statement shall be informed by anup to date Ecological Appraisal of the site and include the:a) purpose and objectives for the proposed works;b) detailed design(s) and/or working method(s) necessary to achievestated objectives (including, where relevant, type and source ofmaterials to be used);c) extent and location of proposed works shown on appropriate scalemaps and plans;d) timetable for implementation, demonstrating that works are alignedwith the proposed phasing of construction;e) persons responsible for implementing the works;

The works shall be carried out strictly in accordance with the approveddetails and shall be retained in that manner thereafter.

Reason: Details required prior to the commencement of developmentto ensure development is ecologically sensitive and securesbiodiversity enhancements that are integrated into the development inaccordance with the National Planning Policy Framework.

13 No development shall commence until a detailed surface waterdrainage scheme, to manage surface water run off from thedevelopment for up to and including the 1 in 100 year event (+40%CC)for the scheme has been submitted to and approved in writing by theLocal Planning Authority. The discharge rate from the development willbe limited to the equivalent 1 in 1 year rate, or an appropriate rate asagreed by the Bedford Group of Internal Drainage Boards or sewageundertaker. The final detailed design shall be based on DEFRAsNon-statutory technical standards for sustainable drainage systems(March, 2018), and shall be implemented as approved. Any variation tothe connections and controls indicated on the approved details whichmay be necessary at the time of construction would require theresubmission of those details to the Local Planning Authority forapproval.

Reason: This condition is pre commencement, to ensure the approvedsystem will function to a satisfactory minimum standard and preventthe increased risk of flooding both on and off site, in accordance withthe NPPF.

14 No development shall take place until a Maintenance and ManagementPlan for the entire surface water drainage system, inclusive of anyadoption arrangements and/or private ownership or responsibilities,has been submitted to and approved in writing by the Local PlanningAuthority. Thereafter the surface water drainage system shall bemaintained and managed in full accordance with the approved scheme.

Reason: Details are required prior to the commencement ofdevelopment to ensure the designed surface water drainage schemewould be managed and maintained for the long term and would remainoperational, thereby ensuring the development would not increaseflood risk on or off the site, in accordance with the NPPF.

15 No external lighting shall be installed within the site until details of theexternal lighting fixtures: design, location, height, orientation, luminance and

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operational details and have been submitted to and approved in writing bythe Local Planning Authority.

Reason: To mitigate impacts of the development on the intrinsic characterand beauty of the Countryside and the significance of heritage assets, inaccordance with Policy CS15, CS16, DM14 and DM15 of the Core Strategyand Development Management Policies (2009); the Emerging Local Plan;and the NPPF.

16 The Managers Accommodation hereby approved shall not be first occupieduntil a scheme of measures for protecting the sound sensitive premises fromroad noise sources has been submitted to and approved in writing by theLocal Planning Authority. Thereafter the Managers Accommodation shall notbe first occupied until the approved scheme of measures to protect thatpremises from noise has been implemented in accordance with theapproved details, and shown to be effective. Thereafter the approvedmeasures for protecting sound sensitive premises shall be retained inperpetuity.

Reason: to safeguard the amenity and living conditions of future occupiersof dwellings and sound sensitive uses, in accordance with Policy DM3 of theCore Strategy and Development Management Policies (2009); Policies HQ1and CC8 of the Emerging Local Plan; and the NPPF.

17 No occupation of any permitted building or caravan shall take place until thefollowing has been submitted to and approved in writing by the LocalPlanning Authority:

A Validation Report by means of which the effectiveness of the remediationimplemented in accordance with the asp environmental assessment reportdated February 2019 shall be demonstrated to the Local Planning Authority(to incorporate photographs and depth measurements).

Any unexpected contamination discovered during works should be broughtto the attention of the Planning Authority.

Reason: To protect human health and the environment.

18 The development shall not be brought in to use until the junction of theproposed vehicular access with the highway has been provided inaccordance with the approved details.

Reason: In order to minimise danger, obstruction and inconvenience tousers of the highway and the premises.

19 No building shall be occupied until cycle storage has been provided and thevehicle parking spaces have been properly surfaced and markedout/provided in accordance with the approved drawing. The spaces shallthereafter be kept available for parking at all times.

Reason: To minimise the potential for on-street parking and therebysafeguard the interest of the safety and convenience of road users.

20 No development shall commence until a triangular vision splay has beenprovided on each side of the new access, which shall measure 4.5m alongthe fence, wall, hedge or other means of definition of the front boundary ofthe site, and 215m measured into the site at right angles to the same line

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along the side of the new access drive. The vision splays so described andon land under the applicant's control shall be maintained free of anyobstruction above the adjacent carriageway level.

Reason: This condition is pre commencement to provide adequate visibilitybetween the existing highway and the proposed access(es), and to makethe access(es) safe and convenient for the traffic which is likely to use it(them).

21 No development shall take place, including any works of demolition,until a Construction Traffic Management Plan, associated with thedevelopment of the site, has been submitted and approved in writingby the Local Planning Authority which will include information on:

(A) The parking of vehicles(B) Loading and unloading of plant and materials used in the

development(C) Storage of plant and materials used in the development(D) The erection and maintenance of security hoarding / scaffolding

affecting the highway if required.(E) Wheel washing facilities(F) Measures on site to control the deposition of dirt / mud on

surrounding roads during the development.(G) Footpath/footway/cycleway or road closures needed during the

development period(H) Traffic management needed during the development period.(I) Times, routes and means of access and egress for construction

traffic and delivery vehicles (including the import of materialsand the removal of waste from the site) during the developmentof the site.

The approved Construction Management Plan associated with thedevelopment of the site shall be adhered to throughout thedevelopment process.

Reason: This condition is pre commencement, in the interests ofsafety, protecting the amenity of local land uses, neighbouringresidents and highway safety.

22 No development shall commence until a Foul Drainage Scheme toserve the development has been submitted to for the approval inwriting by the Local Planning Authority. Thereafter the developmentshall be carried out in accordance with the approved scheme.

Reason: Details are require prior to the commencement ofdevelopment to ensure an acceptable scheme for Foul Drainage, in thecontext of Paragraph 020 of the National Planning Practice Guidance(Water supply, wastewater and water quality).

23 The development hereby permitted shall not be carried out except incomplete accordance with the details shown on the submitted plans,numbers: 2018-1050 rev F; 2018-1036 Rev C; and 2018-1037 Rev C.

Reason: To identify the approved plan/s and to avoid doubt.

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INFORMATIVE NOTES TO APPLICANT

1. This permission relates only to that required under the Town & CountryPlanning Acts and does not include any consent or approval under anyother enactment or under the Building Regulations. Any other consent orapproval which is necessary must be obtained from the appropriateauthority.

2. The British Standard for Topsoil, BS 3882:2007, specifies requirements fortopsoils that are moved or traded and should be adhered to. The BritishStandard for Subsoil, BS 8601 Specification for subsoil and requirements foruse, should also be adhered to.

There is a duty to assess for Asbestos Containing Materials (ACM) duringdevelopment and measures undertaken during removal and disposal shouldprotect site workers and future users, while meeting the requirements of theHSE.

Applicants are reminded that, should groundwater or surface water coursesbe at risk of contamination before, during or after development, theEnvironment Agency should be approached for approval of measures toprotect water resources separately, unless an Agency condition alreadyforms part of this permission.

Statement required by the Town and Country Planning (Development ManagementProcedure) (England) Order 2015 - Part 6, Article 35

The Council acted pro-actively through positive engagement with the applicant during thedetermination process which led to improvements to the scheme. The Council has thereforeacted pro-actively to secure a sustainable form of development in line with the requirementsof the Framework (paragraph 38) and in accordance with the Town and Country Planning(Development Management Procedure) (England) Order 2015.

DECISION

......................................................................................................................................

......................................................................................................................................

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6. Planning Application No:CB/19/01637/FULL (Arlesey)

Address: Henlow Bridge Lakes Ltd,Bridge End Road, Henlow, SG16 6LN.

Erection of a reception/sales building andassociated caravan holding area andcirculation area, detached buggy store,extension to day nursery, new tea roomincorporating change of use andrelocation of existing hairdressing salon toa holiday cabin.

Applicant: Henlow Bridge Lakes Ltd

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1717

© Crown Copyright. All rights reserved.Central Bedfordshire CouncilLicence No. 100049029 (2009)Date: 19:September:2019

Scale: 1:5000

Map Sheet No

CASE NO.N

S

W EApplication No.

CB/19/01637/FULL

Henlow Bridge Lake Ltd, Bridge End Road, Henlow, SG16 6LN

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APPLICATION NUMBER CB/19/01637/FULLLOCATION Henlow Bridge Lakes Ltd, Bridge End Road,

Henlow, SG16 6LNPROPOSAL Erection of a reception/sales building and

associated caravan holding area and circulationarea, detached buggy store, extension to daynursery, new tea room incorporating change ofuse and relocation of existing hairdressing salonto a holiday cabin.

PARISH HenlowWARD ArleseyWARD COUNCILLORS Cllrs Dalgarno, Shelvey & WenhamCASE OFFICER Benjamin TracyDATE REGISTERED 12 June 2019EXPIRY DATE 11 September 2019APPLICANT Henlow Bridge Lakes LtdAGENT Sherwood Architects LtdREASON FORCOMMITTEE TODETERMINE

Cllr Ian Dalgarno, Ward Member Call in for thefollowing reasons:

Overdevelopment - large development in theopen countryside;Highway Safety Grounds - Access on to theA507 with no roundabout and slow caravans;andOther - issues with A507 and additional traffic.

RECOMMENDEDDECISION

Approve Planning Permission subject toconditions.

Summary of Recommendation:

The proposed developments would accord with Policy CS11 of the Core Strategyand Development Management Policies (2009) and Policy EMP4 of the SubmissionCentral Bedfordshire Local Plan. Furthermore; a number of the proposed usesbenefit from extant planning permissions or are existing uses being relocated withinthe site.

For the reasons outlined within this report, the development is considered to accordwith the Development Plan and no material considerations indicate otherwise. It isconsidered that the proposed development would be sustainable subject toconditions and no significant harm has been identified.

Site Location:

The application site covers approximately 13 hectares of land and includes 4 fishinglakes, formal camping and caravan pitches, "glamping" pods, leisure lodges andangling cabins. The western part of the site includes a further informalcamping/caravanning area (Clarke's Field) used as a rally field for a variety ofevents and group camping.

A secure caravan storage facility is located within the eastern part of the site. Thefacilities also include an amenity building with a function room (Haywards Room), ahairdressing Salon, a Day Nursery and a reception/shop.

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The site contains permanent site managers accommodation.

The site is accessed off a one way road linked to the A507, to the north west ofArlesey.

The River Hix and riverside walk runs alongside the east and northern boundariesof the site with the footpath continuing to meet the Kingfisher Way footpath, whichextends along the west boundary of the site and Knights Footpath which runs alongthe south boundary, parallel with the A507.

To the east of the site and within walking distance is Arlesey Railway Station, withdirect pedestrian access to the site under Arlesey Bridge.

The closest residential property is The Lodge, situated just beyond the south eastcorner of the site, close to the A507. To the north of the site are the substantialgrounds of Henlow Grange, a Grade II* listed building which is used as a HealthSpa and Hotel.

The site is located outside the settlement envelopes of Henlow and Arlesey, withinopen countryside.

The Application:

The application seeks full planning permission for the:erection of a reception/sales building;creation of a vehicle holding area and circulation area at the central site access;erection of a building to be used as a buggy store;enlargement to the existing day nursery with parking and drop off improvements;change of use of existing hairdressing salon to a holiday cabin; anderection of a building containing:

a cafeteria/ tea room; andhairdressing salon.

RELEVANT POLICIES:

National Planning Policy Framework (NPPF) (February 2019)

National Planning Policy Guidance

Core Strategy and Development Management Policies - North 2009

CS1 – Development StrategyCS2 - Developer ContributionsCS4: Linking Communities – Accessibility and TransportCS9: Providing JobsCS10: Location of Employment SitesCS11: Rural Economy and TourismCS13: Climate ChangeCS14: High Quality DesignCS15: HeritageCS16: Landscape & WoodlandCS17: Green InfrastructureCS18: BiodiversityDM2: Sustainable Construction of New BuildingsDM3: High Quality DesignDM4: Development Within and Beyond Settlement Envelopes

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DM9: Providing a range of TransportDM13: Heritage in DevelopmentDM14: Landscape and WoodlandDM15: BiodiversityDM16: Green Infrastructure

Saved policies of the Mid Bedfordshire Local Plan, First Review (2005)

Central Bedfordshire Local Plan - Emerging

The Central Bedfordshire Local Plan has reached submission stage and wassubmitted to the Secretary of State on 30 April 2018.

The National Planning Policy Framework (paragraph 48) stipulates that from theday of publication, decision-takers may also give weight to relevant policies inemerging plans unless material considerations indicate otherwise.

The apportionment of this weight is subject to:

the stage of preparation of the emerging plan;the extent to which there are unresolved objections to relevant policies;the degree of consistency of the relevant policies in the emerging plan to thepolicies in the Framework.

Reference should be made to the Central Bedfordshire Submission Local Planwhich should be given limited weight having regard to the above. The followingpolicies are relevant to the consideration of this application:

SP1, SP2, SP7, T1, T2, T3, T4, T5, EE1, EE2, EE3, EE4, EE5, EE6, EE12, CC1,CC3, CC5, CC6, HQ1, HQ2, HE1, HE3, and DC3.

Supplementary Planning Guidance/Other Documents

Central Bedfordshire Design Guide (March 2014)Central Bedfordshire Landscape Character Assessment (2016)

Relevant Planning History:

Case Reference CB/17/02361/FULLLocation Henlow Bridge Lakes Ltd, Bridge End Road, Henlow, SG16 6LNProposal Change of use - for the proposed Teen Building

(CB/16/01005/FULL Approval granted 28/4/16 and subsequentrelocation CB/17/00188/VOC Approved 9/3/17) to a private DayNursery and associated Children's Activity Centre.

Decision Full Application - GrantedDecision Date 21/09/2017

Case Reference CB/17/00731/FULLLocation Henlow Bridge Lakes Ltd, Bridge End Road, Henlow, SG16 6LNProposal Change of Use: Conversion of existing Rod & Tackle shed into

a Hairdressing Salon, incorporating external alterations/addition.Decision Full Application - GrantedDecision Date 10/04/2017

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Case Reference CB/14/03258/FULLLocation Henlow Lakes and Riverside, Arlesey Road, Henlow, SG16

6DDProposal Permanent Manager's accommodation additional parking,

caravan storage and ground care plant & machinery store.Relocation of approved tea room, clubhouse and play area.

Decision Full Application - GrantedDecision Date 18/11/2014

Consultees:

Henlow Parish Council No response received.

Highway The Highway Authority have issued the followingconsultation response:

"Thank you for the consultation on the application for theabove proposal, on behalf of the highway authority thefollowing comments are offered based on drg 2018-1042Rev C.

Henlow Lakes was subject to a number of alterationsunder 17/02361/FULL, although no reasons for refusalwere offered as part of that planning application, theplanning committee requested that a VAS sign beprovided, the location to be prior to the exit on the oneway loop road that goes along side and under the A507.The brown tourism signage has also been relocated tobetter advise of the approaching entrance off the A507.This has been installed.

A review has been carried out of reported accidents alongthe A507 since 17/02361/FULL was made, it is confirmedthat no recorded accidents have occurred.

There is additional parking within the site for the nurseryand the new access includes 3 lanes that canaccommodate car/caravan stacking.

As such the proposals are deemed acceptable and in linewith the Design Guide and NPPF, as such, there is nohighway objection raised on highway grounds.

Condition

Before the development is brought into use, the proposeddevelopment shall be carried out and completed in allrespects in accordance with the access siting and layoutillustrated on the approved plan No. 2018-1042 Rev C anddefined by this permission and, notwithstanding theprovision of the Town and Country Planning GeneralPermitted Development Order 1995, (or any Orderrevoking or re-enacting that Order) there shall be novariation without the prior approval in writing of the LocalPlanning Authority.

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Reason: To ensure that the development of the site iscompleted insofar as its various parts are interrelated anddependent one upon another and to provide adequate andappropriate access arrangements at all times.

You are advised that the above comments do not relate todrawings in reference to the proposed service centre.

Comments and advice in this memo are based on theinformation supplied in the planning application andaccompanying documents/plans and no liability isaccepted for any inaccuracy".

Travel Plan Officer The Council's Travel Plan Officer has issued the followingconsultation response:

"If there is to be an increase in children to the Nursery, wewill require a Travel Plan.

Condition:

A Travel Plan shall be prepared and submitted to, andapproved by, the Local Planning Authority. The plan shallcontain details of:

Plans for the establishment of a working groupinvolving the Nursery, parents and representativesof the local community

Travel patterns and barriers to sustainable travel

Measures to encourage and promote sustainabletravel and transport for journeys to and fromNursery

An action plan detailing targets

A timetable for implementing appropriate measuresand plans for annual monitoring and review

Measures to manage the car parking on site

All measures agreed therein shall be undertaken inaccordance with the approved plan. There shall be anannual review of the Travel Plan (for a period of 5 yearsfrom the date of approval of the plan) to monitor progressin meeting the targets for reducing car journeys generatedby the proposal and this shall be submitted to andapproved by the Local Planning Authority.

Reason:

In the interests of highway safety, to reduce congestionand to promote the use of sustainable modes of transport.

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Informative:

The applicant is advised that further information regardingthe Travel Plan is available from the Transport StrategyTeam, Central Bedfordshire Council, Priory House, MonksWalk, Chicksands, Shefford, Bedfordshire, SG17 5TQ.

Ecology No objection.

Strategic LandscapeOfficer

No objection subject to conditions relating to externalmaterials.

Pollution No comment.

Minerals and Waste No Objection.

Conservation The Council's Conservation Officer has issued thefollowing consultation response:

"The proposed alterations to the existing site do not causeany harm to the nearby heritage assets and therefore theproposal is acceptable in conservation terms".

Lead Flood Authority The Lead Flood Authority object to the application due toinsufficient information in relation to a surface waterdrainage scheme.

Historic England No response received.

Bedfordshire and RiverIvel Internal DrainageBoard

No objection. If direct discharge to the nearby watercourseis required for drainage the Board's prior consent will berequired.

Bedfordshire Fire andRescue

No objection subject to building regulations.

Environment Agency No objection.

Other Representations:

Neighbours 9 representations and 1 petition with 127 signatures insupport of the application has been received.

Considerations

1. Principle1.1 The application seeks full planning permission for the:

erection of a reception/sales building;creation of a vehicle holding area and circulation area at the central siteaccess;erection of a building to be used as a buggy store;enlargement to the existing day nursery with parking and drop offimprovements;change of use of existing hairdressing salon to a holiday cabin; anderection of a building containing:

a cafeteria/ tea room; andhairdressing salon.

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1.2

1.3

1.4

1.5

1.6

1.7

The proposed reception/ sales building; buggy store, holiday cabin andoperational development consisting of improvements to the central site access,and vehicular areas within the site area are considered to constitutedevelopments solely seeking to improve the primary use of the site as anexisting tourism and leisure facility.

Policy CS11 of the Core Strategy and Development Management Policies seeksto support the rural economy and promote tourism by:

supporting proposals for tourist or leisure developments in settlements or inthe countryside including new tourist accommodation which providesopportunities for rural diversification and are well located to support localservices, businesses and other tourist attractions.

It is considered that Policy CS11 supports the principle of the developmentswhich form improvements to an existing tourism and leisure facility. Theprinciple of these proposed developments are also supported by paragraphs 83and 84 of the NPPF.

It is noted that the day nursery and hairdressing salon form an establishedcommercial use operating from the site, which serve both those using thetourism and leisure facilities and customers off site. However it is consideredthat the principle of these uses are established and as such the expansion/relocation of these commercial premises within the site is considered to beacceptable in principle, in the context of which would generate support aprosperous rural economy, in accordance with the NPPF.

A cafeteria/ tea room was approved on the site in 2014, and although the tearoom has not been constructed, the planning permission has been implementedin part and is still extant. Therefore it is considered that the principle of thecafeteria/tea room is acceptable.

For the reasons outlined above it is considered that the proposed developmentsare acceptable in principle. The detail for the proposed developments shall nowbe discussed.

2. The intrinsic character and beauty of the Countryside and thesignificance Heritage Assets

2.1

2.2

2.3

The site is located within the National Landscape Character Area 88"Bedfordshire and Cambridge Claylands" and Local Landscape Area "LowerIvel Clay Valley".

Although the site is not located within an area with a statutory landscapedesignation and the NPPF does not seek to protect the countryside for its ownsake, caselaw (Cawrey Limited and the SoS for CLG [2016] EWHC 1198(Admin)) has established that development proposals affecting parts of thecountryside that are not subject to a statutory landscape designation,nevertheless come within the scope of the provisions of what is now paragraph170b) of the NPPF.

Paragraph 107b) of the NPPF outlines that planning decisions shouldcontribute to an enhance the natural and local environment by recognising theintrinsic character and beauty of the countryside, the wider benefits fromnatural capital and ecosystem services.

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2.4

2.5

2.6

2.7

2.8

2.9

To the north is the Grade II* Listed Building known as Henlow Grange. Section66 (1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (asamended) requires the local planning authority in considering whether to grantplanning permission for development which affects a listed building or itssetting, to have special regard to the desirability of preserving the building orits setting or any features of special architectural or historic interests which itpossesses.

Paragraph 192 of the NPPF states: In determining applications, local planningauthorities should take account of:a) the desirability of sustaining and enhancing the significance of heritage

assets and putting them to viable uses consistent with their conservation;b) the positive contribution that conservation of heritage assets can make to

sustainable communities including their economic vitality; andc) the desirability of new development making a positive contribution to local

character and distinctiveness.

Paragraph 193 and 194 of the NPPF continues that when considering theimpact of a proposed development on the significance of a designatedheritage asset, great weight should be given to the asset's conservation (andthe more important the asset, the greater the weight should be). Any harm to,or loss of, the significance of a designated heritage asset (from its alteration ordestruction, or from development within its setting), should require clear andconvincing justification.

The house combines a formal classical structure with a decorative use ofbrickwork and illustrates architectural fashion on the early Georgian period.The house is five bays wide with a single storey wing to the south east and atwo storey wing to the north west. Attached to the larger wing is the stableblock which has seventeenth century origins but was re-worked when thehouse was built and then extended in the nineteenth century. It has beenconverted to accommodation. The entrance court to the house lies behind afine screen of brick with decorative iron gates and railings which date from1911. The house has been compromised by vast twentieth century extensions.The expansion of the village has eroded its countryside setting but it retains anattractive landscape setting (HER 6993). The house is grade II* and thestables and forecourt screen are grade II.

In accordance with paragraph 193 great weight is given to the conservation ofthese heritage assets. Consideration has been given to how these assets areexperienced.

It is noted that the site is located within the former parkland of Henlow Grangeand that the site is considered to be within the historical setting of this ListedBuilding, as associated parkland. However, the landscaping planted on land tothe north, east and west of the application site along the public right of wayhas brought about a very significant change. Historically The landscape wouldhave been far more open with views towards The Grange, the stables andforecourt screen. There would have been clear indivisibility between the siteand these heritage assets. However now there is very limited indivisibilitybetween the site and The Grange, stable block and forecourt screen, as wellas between the site and the wider original Parkland and wider views into theparkland. This screening has made the Park more enclosed and ensures thedevelopment would have very limited impact on how these assets areexperienced and thereby the significance of those assets.

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2.10

2.11

2.12

This landscape screen is key to any impact on the significance of The Grange,the stable block and forecourt screen. When the latter is considered in additionto the limited scale of the proposed developments, which would be closelylocated to existing built development within the site, it is considered that theproposed development would not cause harm to the significance of theheritage assets, in accordance with the Council's Conservation Officers advice.

Furthermore; the Council's Landscape Officer, has raised no concerns inrelation to the impact of the proposed development on the intrinsic characterand beauty of the countryside, and the character of the Ivel Valley, subject to ato external materials of buildings having a recessive colour pallet. It isconsidered that the external materials as described on the elevationaldrawings are acceptable.

For the reasons outlined above it is considered, that the proposeddevelopment would be acceptable within the context of conserving andenhancing the built historic environment. Furthermore; it is considered that, thedevelopment would be of a high quality and would not cause harm to thecharacter and appearance of the area more generally. The proposal wouldconform with Policies DM3, CS16, DM13 and CS15 of the Core Strategy forthe North of Central Bedfordshire; Policies HQ1 and HE3 of the SubmissionCentral Bedfordshire Local Plan; the Central Bedfordshire Design Guide; andthe NPPF.

3. Amenity of Neighbouring Occupiers3.1

3.2

The only neighbouring dwelling in proximity to the site is The Lodge. Whenconsidering the separation between the proposed development and thisneighbouring dwelling, it is considered that the proposed development wouldnot cause an unacceptable impact in relation to loss of light, outlook, privacy,noise/disturbance and over bearing impacts.

For the reasons outlined above it is considered that the proposed developmentis acceptable within this context, in accordance with Policy DM3 of the CoreStrategy and Development Management Policies (2009) and Policy HQ1 of theEmerging Local Plan.

4. Highway Considerations4.1

4.2

4.3

The Highway Authority have raised no objection to the proposed development,confirming that the additional parking within the site for the nursery and thenew access with 3 lanes to accommodate car/caravan stacking, is acceptable.

It has been requested for a condition to require a Travel Plan for the enlargednursery to be included on any permission, which is considered necessary topromote sustainable modes of transport in accordance with the principleswithin the NPPF.

For the reasons outlined above, subject to conditions, it is considered that theproposed development is acceptable within the context of Highwayconsiderations.

5. Surface Water Drainage5.1 The Lead Local Flood Authority have stated that insufficient information has

been provided with the application, in relation to the method of surface waterdrainage.

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5.2

5.3

5.4

It is noted that the developments would not be located in Flood Zones 2 or 3and in an area of known risk to surface water or ground water flooding.

When considering the scale of the proposed development in relation to thescale of the site available to accommodate surface water drainage, it isconsidered that subject to conditions requiring the submission of a surfacewater drainage scheme as well as details for management and maintenancefor the approval of the local planning authority, the development would beacceptable within this context.

Details of Foul Drainage will also be required by condition, to ensure anacceptable scheme for Foul Drainage, in the context of Paragraph 020 of theNational Planning Practice Guidance (Water supply, wastewater and waterquality).

6. Other Considerations6.1

6.2

6.3

Biodiversity

The Council's Ecologist has raised no objection to the proposed developmentin the context of biodiversity or protected species. It is considered that subjectto an acceptable soft landscaping scheme the proposed development wouldprovide a net gain for biodiversity and would be acceptable within this context.

Human Rights and Equality Act issues:Based on information submitted there are no known issues raised inthe context of Human Rights / The Equalities Act 2010 and as suchthere would be no relevant implications.

Recommendation:

That Planning Permission be GRANTED subject to the following Conditions:

1 The development hereby permitted shall begin not later than three yearsfrom the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act1990 as amended by Section 51 of the Planning and Compulsory PurchaseAct 2004.

2 The enlargement to the Day Nursery building hereby approved shall not befirst brought into use until a Travel Plan has been submitted to and approvedin writing by the Local Planning Authority. The plan shall contain details of:

Plans for the establishment of a working group involving the Nursery,parents and representatives of the local communityTravel patterns and barriers to sustainable travelMeasures to encourage and promote sustainable travel and transport forjourneys to and from NurseryAn action plan detailing targetsA timetable for implementing appropriate measures and plans for annualmonitoring and reviewMeasures to manage the car parking on site

Thereafter, all measures within the approved Travel Plan shall beundertaken in accordance with the approved plan.

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Reason: In the interests of highway safety, to reduce congestion and topromote the use of sustainable modes of transport.

3 No development shall commence until a detailed surface waterdrainage scheme, to manage surface water run off from thedevelopment for up to and including the 1 in 100 year event (+40%CC)for the scheme has been submitted to and approved in writing by theLocal Planning Authority. The discharge rate from the development willbe limited to the equivalent 1 in 1 year rate, or an appropriate rate asagreed by the Bedford Group of Internal Drainage Boards or sewageundertaker. The final detailed design shall be based on DEFRAsNon-statutory technical standards for sustainable drainage systems(March, 2018), and shall be implemented as approved. Any variation tothe connections and controls indicated on the approved details whichmay be necessary at the time of construction would require theresubmission of those details to the Local Planning Authority forapproval.

Reason: This condition is pre commencement, to ensure the approvedsystem will function to a satisfactory minimum standard and preventthe increased risk of flooding both on and off site, in accordance withthe NPPF.

4 No development shall take place until a Maintenance and ManagementPlan for the entire surface water drainage system, inclusive of anyadoption arrangements and/or private ownership or responsibilities,has been submitted to and approved in writing by the Local PlanningAuthority. Thereafter the surface water drainage system shall bemaintained and managed in full accordance with the approved scheme.

Reason: Details are required prior to the commencement ofdevelopment to ensure the designed surface water drainage schemewould be managed and maintained for the long term and would remainoperational, thereby ensuring the development would not increaseflood risk on or off the site, in accordance with the NPPF.

5 The Holiday Cabin hereby approved, shall be for holiday occupancy only, inassociation with the approved use of the site, and for no other purpose.

Reason: For the avoidance of doubt and to ensure that the approved holidayaccommodation is not used for unauthorised permanent residentialoccupation, and thereby would not result in the provision of independentresidential dwellings in an unsustainable location and place unmitigatedpressure on local school, health and social infrastructure, in accordance withPolicies CS1, CS2 and DM4 of the Core Strategy and DevelopmentManagement Policies 2009; the Emerging Local Plan and the NPPF.

6 No new building or enlargement to an existing building hereby permittedshall be first brought into use until a Landscaping Scheme for hard and softlandscaping, has been submitted to and approved in writing by the LocalPlanning Authority. The Landscaping scheme shall include:

details of all surfacing materials, boundary treatments, as well as speciesand densities of all planting;timescales/triggers/phasing for the implementation and completion of alllandscaping; anda Landscaping Management and Maintenance Plan for all on sitelandscaping.

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Thereafter; the approved landscaping scheme shall be carried out in fullaccordance with the approved details and shall be maintained and managedin accordance with the approved landscape management and maintenanceplan.

Reason: This condition is prior to commencement, to secure an acceptablelandscaping scheme and ensure the implementation, completion,management and maintenance of on site landscaping, to ensure theprovision of vehicular areas (including car parking, turning and drop offareas), to mitigate impacts of the development on the intrinsic character andbeauty of the Countryside and the significance of heritage assets, as well asto achieve a net gain for biodiversity, in accordance with Policy CS15, CS16,DM14 and DM15 of the Core Strategy and Development ManagementPolicies (2009); the Emerging Local Plan; and the NPPF.

7 No development above slab level or first occupation of the Holiday Cabinshall take place until a Foul Drainage Scheme to serve the development hasbeen submitted to for the approval in writing by the Local Planning Authority.Thereafter the development shall be carried out in accordance with theapproved scheme.

Reason: To ensure an acceptable scheme for Foul Drainage, in the contextof Paragraph 020 of the National Planning Practice Guidance (Water supply,wastewater and water quality).

8 The development hereby permitted shall not be carried out except incomplete accordance with the details shown on the submitted plans,numbers: 2018-1063 rev A; 2018-1030 Rev C; 2018-1021 Rev A;2018-1019 Rev C; 2018-1042 Rev C; 2018-1016 Rev C; 2018-1016/2 RevC; 2018-1071 Rev A; and 2018-1070 Rev A.

Reason: To identify the approved plan/s and to avoid doubt.

INFORMATIVE NOTES TO APPLICANT

1. This permission relates only to that required under the Town & CountryPlanning Acts and does not include any consent or approval under anyother enactment or under the Building Regulations. Any other consent orapproval which is necessary must be obtained from the appropriateauthority.

2. The applicant is advised that further information regarding the Travel Plan isavailable from the Transport Strategy Team, Central Bedfordshire Council,Priory House, Monks Walk, Chicksands, Shefford, Bedfordshire, SG17 5TQ.

Statement required by the Town and Country Planning (Development ManagementProcedure) (England) Order 2015 - Part 6, Article 35

Discussion with the applicant to seek an acceptable solution was not necessary in thisinstance. The Council has therefore acted pro-actively to secure a sustainable form ofdevelopment in line with the requirements of the Framework (paragraph 38) and inaccordance with the Town and Country Planning (Development Management Procedure)(England) Order 2015.

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DECISION

......................................................................................................................................

......................................................................................................................................

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7. Planning Application No:CB/19/02029/RM (Biggleswade South)

Address: Land at Sorrell Way,Biggleswade (nearest post code SG188WL).

Reserved Matters following outlineapplication CB/17/01236/OUT. Erectionof building(s) to provide extra careaccommodation comprising up to 93 unitswith associated access, landscaping andancillary works.

Applicant: Taylor Wimpey (SouthMidlands)

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Sports CourtSports Court

© Crown Copyright. All rights reserved.Central Bedfordshire CouncilLicence No. 100049029 (2009)Date: 19:September:2019

Scale: 1:2500

Map Sheet No

CASE NO.N

S

W EApplication No.

CB/19/02029/RM

Land at Sorrell Way, Biggleswade

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APPLICATION NUMBER CB/19/02029/RMLOCATION Land at Sorrell Way, BiggleswadePROPOSAL Reserved Matters following outline application

CB/17/01236/OUT Erection of building(s) toprovide extra care accommodation comprising upto 93 units with associated access, landscapingand ancillary works.

PARISH BiggleswadeWARD Biggleswade SouthWARD COUNCILLORS Cllrs Foster & WhitakerCASE OFFICER Benjamin TracyDATE REGISTERED 19 June 2019EXPIRY DATE 18 September 2019APPLICANT Taylor Wimpey (South Midlands)AGENT Kyle Smart AssociatesREASON FORCOMMITTEE TODETERMINE

The Council own the freehold for the land and thirdparty objections have been received.

RECOMMENDEDDECISION

The Reserved Matters be Approved subject toConditions

Summary of Recommendations:

The site benefits from Outline Planning Permission with all matters reserved exceptfor access, under reference CB/17/01236/OUT dated 18/09/2017, for the erectionof building(s) to provide extra care accommodation comprising up to 93 units withassociated access, landscaping and ancillary works.

The Extra Care Building is designed as an independent living (Extra Care) buildingwith 93 Flats in total, flexible communal facilities and ancillary uses. The ancillaryuses consist of a cafe/ restaurant unit and a hairdresser unit, which would serve theresidents, as well as operate as a commercial premises which the general publiccould access.

It is considered that the proposed development falls within the scope of the OutlinePlanning Permission and the proposed Landscaping, Layout, Scale andAppearance of the development would be acceptable in detail, subject toconditions. No significant harm has been identified that would outweigh the benefitsof the proposed development.

Site Location:

The application site is located to the southwest of Sorrell Way and to the northwestof Chambers Way, Biggleswade. To the south of the site is Buttercup Mead and aroundabout that includes the Biggleswade eastern relief road along Saxon Driveand Baden-Powell Way is located to the east of the site.

The site is currently used as informal open space, with a public footpath runningclose to the southern boundary.

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The site benefits from Outline Planning Permission with all matters reserved exceptfor access, under reference CB/17/01236/OUT dated 18/09/2017, for the erectionof building(s) to provide extra care accommodation comprising up to 93 units withassociated access, landscaping and ancillary works.

The Application:

The application seeks the approval of details of the appearance, landscaping,layout and scale of the development known as the reserved matters, pursuant tothe Outline Planning Permission reference CB/17/01236/OUT.

The development consists of the construction of a 2-3 storey Extra Care building,detached bin store, car park and hard and soft landscaping, as well asimprovements to the existing public right of way.

The Extra Care Building is designed as an independent living (Extra Care) buildingwith 93 Flats in total, flexible communal facilities and ancillary uses. The ancillaryuses consist of a cafe/ restaurant unit and a hairdresser unit, which would serve theresidents, as well as operate as a commercial premises which the general publiccould access.

Access to the site would be taken from Sorrell Way as approved under the OutlinePlanning Permission.

RELEVANT POLICIES:

National Planning Policy Framework (NPPF) (February 2019)

Core Strategy and Development Management Policies - North 2009

CS14 High Quality DevelopmentCS16 Landscape and WoodlandDM3 High Quality DevelopmentDM10 Housing MixDM14 Landscape and WoodlandDM15 BiodiversityDM17 Accessible Greenspaces

Central Bedfordshire Local Plan - Emerging

The Central Bedfordshire Local Plan has reached submission stage and wassubmitted to the Secretary of State on 30 April 2018.

The National Planning Policy Framework (paragraph 48) stipulates that from theday of publication, decision-takers may also give weight to relevant policies inemerging plans unless material considerations indicate otherwise.

The apportionment of this weight is subject to:

the stage of preparation of the emerging plan;the extent to which there are unresolved objections to relevant policies;the degree of consistency of the relevant policies in the emerging plan to thepolicies in the Framework.

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Reference should be made to the Central Bedfordshire Submission Local Planwhich should be given limited weight having regard to the above. The followingpolicies are relevant to the consideration of this application:

Supplementary Planning Guidance/Other Documents

Central Bedfordshire Design Guide (March 2014)

Relevant Planning History:

Case Reference CB/17/01236/OUTLocation Land at Sorrell Way, BiggleswadeProposal Outline application: erection of building(s) to provide extra

care accommodation comprising up to 93 units withassociated access, landscaping and ancillary works. Allmatters reserved except for access.

Decision Outline Application - GrantedDecision Date 18/09/2017

Consultees:

Biggleswade TownCouncil

No response received.

Bedfordshire Fire andRescue Service

Bedfordshire Fire and Rescue Service have raised noobjection to the application subject to compliance withBuilding Regulations.

Green InfrastructureCoordinator

No objection subject to a landscape management plan.

Public Transport No objection. Request for financial contribution towardsbus stop improvements and consideration of acontribution towards subsidising the local bus service.

Public Protection No objection subject to conditions that would ensurepollution in relation to odour control from the commercialkitchen on site, and noise from plant installed would notcause an unacceptable impact on the amenity and livingconditions of occupiers of neighbouring dwellings and thefuture occupiers of the development.

Arboriculturalist No objection subject to the development being carriedout in accordance with the steps and processes in thesupplied Arboricultural Impact Assessment.

Archaeology No objection.

Ecologist No objection. The Community Orchard, wildflowers andnative planting are welcomed. It is requested forintegrated bird boxes to be included and secured bycondition.

Lead Flood Authority No details of Flood Risk or Drainage details provided.

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Public Art A Public Art plan is required under Condition 10 of theOutline Planning Permission referenceCB/17/01236/OUT.

Meeting theAccommodation Needsof Older People Team(MANOP)

Support the application.

Highway Authority The Highway Authority have confirmed that refusevehicle tracking and car parking details are acceptable.

Full comments to follow in late sheet.

Other Representations:

Neighbours 7 representations have been received. 5 representationshave objected to the application, 1 in support and 1comment. The representations are summarised as:

highway safety concerns;the development will cause queues at the roundabout;air quality concerns, in relation to increased vehicularmovements;noise impact concerns, in relation to increasedvehicular movements;noise concerns regarding air conditioning units,extractor fans;development will cause increased parking in thehighway;insufficient car parking spaces to serve thedevelopment;the access to the site should not be via Sorrel Way;Impact to wildlife;loss of privacy to neighbouring properties;increased light pollution;development does not match existing houses in termsof scale and stories/ floors;development will impact upon the residents of 10Buttercup Mead due to increased noise from extractionand air conditioning units;development will negatively impact on the privacy ofthe occupiers of 10 Buttercup Mead;development will negatively impact on the privacy ofthe occupiers of 8 Buttercup Mead;lighting will affect the amenity of the occupiers of 10Buttercup Mead;we are in desperate need of shelteredaccommodation, however there is an opportunity for adoctors surgery on this corner. 2 bus routes serve thesite and there is a pharmacy opposite. However acrossing on Chambers Way is essential;the building is too big;local amenities cannot cope with the existing planningapprovals;

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Sorrel Way bollards will require removing to enabletraffic to flow better;an additional vehicular access to the site is required;the building will be an eye sore; andthe apple trees will attract undesirable pests, withwasps hornets, birds and rodents.

Determining Issues:The main considerations of the application are;

1. Principle2. Affect on the Character and Appearance of the Area3. The Historic Environment4. Neighbouring Amenity5. Highway Considerations6. Other Considerations

Considerations

1. Principle1.1 Outline planning permission was granted for the development of the site to

provide the following:

Erection of building(s) to provide extra care accommodation comprising up to 93units with associated access, landscaping and ancillary works. All mattersreserved except for access.

The principle of development is therefore established through the previousoutline consent.

The Outline Planning Permission was granted subject to a number ofConditions. These conditions cover the following areas:

requirement for the submission of details of the layout, scale, appearanceand landscaping (known as the reserved matters);time limits for the submission of an application for approval of the reservedmatters;Approved plan numbers;Implementation time limits;a requirement for details of the surface water drainage system withmaintenance and management plan to be submitted to and approved inwriting by the Local Planning Authority and thereafter implemented;a requirement for any reserved matters application to include a tree surveyto be carried out in accordance with BS5837 2012 to identify the location ofall trees on the land, together with the species of each tree;a requirement for any reserved matters application to include details of howthe proposed and existing landscaping relates to the southern boundary ofthe site alongside existing dwellings on Buttercup Mead, the existing publicfootpath, and any potential diversions of the footpath that may take place.a requirement for a toucan crossing to be provided to enable pedestriansand cyclists to cross Chambers Way;a requirement for the submission of means of enclosure and boundarytreatment details to be submitted to and approved in writing by the LocalPlanning Authority and thereafter implemented;a requirement to completed the car parking layout prior to the occupation ofthe development;

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a requirement to address land contamination where identified duringdevelopment;a requirement for the submission of details for and the implementation ofpublic art;a requirement for the submission of details of and implementation of externallighting, if proposed;a requirement for a construction environmental management plan to besubmitted for approval by the Local Planning Authority and thereafterimplemented;a requirement for wheel cleaning facilities to be provided during construction;a requirement for a Section 106 agreement to be entered into to secure theprovision of affordable housing scheme;a requirement for the approved vehicular access to be constructed inaccordance with the approved details prior to the occupation of thebuilding(s); anda requirement for the provision of visibility spaces at the junction of theaccess with the public highway.

It is not necessary or reasonable to repeat conditions that are already includedon an outline planning permission. Conditions on reserved matters need toexplicitly relate to the details of that specific application.

It is noted that the Outline Planning Permission requires the submission of atree survey in accordance with BS5837 2012 to identify the location of all treeson the land, together with the species of each tree as part of any ReservedMatters Application, this condition has been complied with under thisapplication.

It is also noted that the Outline Planning Permission requires the submission ofdetails of how the proposed and existing landscaping relates to the southernboundary of the site alongside existing dwellings on Buttercup Mead, theexisting public footpath, and any potential diversions of the footpath that maytake place, as part of any Reserved Matters Application, this condition has beencomplied with under this application.

2. Affect on the Character and Appearance of the Area including the intrinsiccharacter and beauty of the Countryside and Landscape Visual impactsThe proposed development consists of a extra care facility providing a mix ofapartments as well as providing ancillary uses available to both residents andmembers of the public. The development creates an appropriately diverse mixof dwellings, to meet identified needs and provides opportunity for communityintegration and interaction.

Good design is a key aspect of sustainable development. The applicant has hadsignificant engagement with the local planning authority and the localcommunity, prior to the submission of this application for planning permission.

The character of buildings within the streetscene form a mix of architecturalstyles and materials. There is no predominant architectural style thatcharacterises the immediate area. Although, traditional pitched roofs with gableends are common features. Brick is prevalently used in the immediate sitecontext.

The pattern, form and scale of the proposed building, is considered to closelyfollow the principles on the approved illustrative masterplan, which is a Eshaped building predominantly of 2 storey but with a 3 storey landmark frontingthe roundabout to the southeast.

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It is noted that the proposed development is of modern architectural style,however the development has deployed traditional roof forms and featuresmaterials which are prevalent in the context of the site.

The design of the development has utilised a varied building line, to break upthe massing of the building, providing interest.

It is considered that the proposed 2-3 storey building and detached bin store areof a bespoke design and would be of a high quality, and subject to appropriatematerials and finishes which will be secured by condition it is considered that theproposed development would not cause harm to the character and appearanceof the area.

In respect of layout the development has been orientated to provide a vehicularentrance from Sorrell Way in accordance with the Outline Planning Permissionbut also acceptably addresses Chambers Way and the roundabout. Footpathconnections through the development connecting to both Sorrel Way andChambers Way are provided as well as footpath improvements to the publicright of way to the South of the site. The build line is set back from the highwayto provide green verges to provide soft landscaping and areas for public art andrestaurant dinning.

The E shaped building has been utilised to create 2 courtyards. The northerncourtyard is designed to form a formal communal area with patio seating area,summer house and orchard. The southern courtyard is designed as a informalspace, with raised vegetable planters and would provide an area for outsidecloths drying for residents.

It is considered that the layout and character of the development would be inaccordance with the CBC Design Guide.

The detailed landscaping and retention of existing trees are considered to beacceptable.

For the reasons outlined above it is considered that the proposed developmentwould be of a high quality design, in accordance with Policies CS14, CS16,DM14 and DM3 of the Core Strategy and Development Management Policies(2009). Furthermore it is considered that the proposed development would be inaccordance with Policies EE4, EE5 and HQ1 of the Submission CentralBedfordshire Local Plan, as well as the policies within the NPPF, in this context.Furthermore it is considered that the proposed development would accord withthe Central Bedfordshire Design Guide.

3. Amenity of Existing and Future Occupiers within and neighbouring thesite.In respect of the impact on existing neighbouring amenity the development willabut No. 20 Poppy Field; Nos. 2, 4, 6, 8 and 10 Buttercup Mead; No. 1 SorrelWay; and Nos 1, 3, 5, 7, 9, 11, 15, 17 and 19 Rosemary Close. Furthermore,separated from the site by Sorrel Way, to the north east of the site are theneighbouring dwellings: No. 2 Fennel Drive; Nos 2, 4, 6, 8, 10 Sorrel Way; andNos. 33, 35, 36 and 37 Tansey End.

However, it is considered that the layout and buildings have been designed toensure that buildings would maintain an appropriate separation between theseneighbouring dwellings, to ensure there is no unacceptable impact in relation to

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Loss of light, outlook or overbearing impacts. It is considered that an acceptable21 metre separation between the rear windows of the proposed dwellings hasbeen provided to all neighbouring dwellings, as well as an acceptable separationfrom the windows and immediate private amenity spaces serving allneighbouring dwellings. In addition it is considered that an acceptable distancefrom the dwellinghouses to the northeast of Sorrell Way.

Although concern has been raised in relation to loss of light to gardens and thescale of the proposed dwellings has been raised, it is considered that thedevelopment would not cause an unacceptable degree of loss of light oroverbearing impact upon any neighbouring dwellings.

The proposed development includes ancillary commercial cooking facilities aswell as plant. The Council's Public Protection Officer, has requested conditionsrelating to ensure pollution in relation to odour control from the commercialkitchen on site, and noise from plant installed would not cause an unacceptableimpact on the amenity and living conditions of occupiers of neighbouringdwellings and the future occupiers of the development. However such mattersare beyond the scope of the Reserved Matters application, and would form aconsideration under the Outline Planning Permission.

For the reasons outlined above it is considered that the proposed developmentwould not cause an unacceptable impact upon existing neighbouring dwellingsin relation to outlook, privacy or overbearing impact. Thereby, it is consideredthat the proposed development would not cause harm to the amenity or theliving conditions of any existing neighbouring dwelling, in accordance with PolicyDM3 of the Core Strategy and Development Management Policies (2009).

In respect of providing suitable living conditions for future occupiers, it isconsidered that the proposed dwellings would provide suitable external privateand communal amenity space and that the windows to habitable rooms wouldprovide a suitable degree of outlook and light. Furthermore, when consideringthe proposed location of windows with 21 metre back to back distancesprovided, it is considered that the proposed dwellings would benefit from asuitable standard of privacy, in accordance with the Design Guide.

For the reasons outlined above it is considered that the proposed developmentwould provide a good standard of amenity for all existing and future occupiers inaccordance with the National Planning Policy Framework and would form HighQuality Development in this respect in the context of Policy DM3 of the CoreStrategy and Development Management Policies 2009; and Policy HQ1 of thesubmitted emerging Central Bedfordshire Local Plan. Furthermore; it isconsidered that the proposed development would be in accordance with theCentral Bedfordshire Design Guide.

4. Highway ConsiderationsThe quantum of development and the vehicular access to the site has beenapproved under the outline planning permission and the details of this access issubject to condition upon that outline permission. The proposed footpath link issubject of this reserved matters application and the connections are consideredto be acceptable within a highway context, a condition shall ensure theimplementation of these connections.

It should be noted that the:implementation and completion of the junction to the Highway to providevehicular access;

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provision of visibility splays at the vehicular junction to the Highway;provision of car parking spaces, prior to occupation;Construction Site Management Plan;Wheel Washing;External lighting; andthe provision of a toucan crossing on Chambers Way,

are all controlled by Conditions on the Outline planning permission.

It is considered that the following conditions requested relate to the reservedmatters application of the outline planning application hard and soft landscapingand layout

It is considered necessary, relevant and reasonable to impose conditions thatwould ensure the provision of suitable surfacing materials for all hardlandscaped areas, in the interest highway safety and the character of the area.

A financial contribution has been requested towards bus stop improvements,however planning obligations are an outline application matter and cannot benegotiated or required at reserved matters stage.

For the reasons outlined above, subject to conditions it is considered that theproposed development is acceptable within the context of Highway Safety,Capacity and Parking.

5. Other ConsiderationsBiodiversity

It is considered that the soft landscaping scheme proposed and thesafeguarding of existing trees, in addition to the requirements upon the OutlinePlanning Permission, would ensure a net gain for biodiversity. The Council'sEcologist has requested details of bird and bat boxes to be provided as part ofthe reserved matters application, however this is not a matter for the reservedmatters application. The matters relating to soft landscaping are considered tobe acceptable. Thereby it is considered that the proposed development wouldaccord with Policy CS18 of the Core Strategy and Development ManagementPolicies 2009 as well as Policy EE2 of the Emerging Central Bedfordshire LocalPlan.

Human Rights and Equalities Act

Based on information submitted there are no known issues raised in thecontext of Human Rights / The Equalities Act 2010 and as such therewould be no relevant implications.

Recommendation:

That Planning Permission be APPROVED subject to the following Conditions:

1 The proposed development shall be carried out and completed in allrespects in accordance with the layout illustrated on the approved plan No.19031wd2.01 Rev D and defined by this approval and, notwithstanding theprovision of the Town and Country Planning General PermittedDevelopment Order 2015 (as amended), (or any Order revoking orre-enacting that Order) there shall be no variation without the prior approvalin writing of the Local Planning Authority.

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Reason: To ensure that the development of the site is completed insofar asits various parts are interrelated and dependent one upon another and toprovide adequate and appropriate access arrangements at all times, inaccordance with Policy DM3 of the Core Strategy and DevelopmentManagement Policies (2009) and Policy HQ1 of the Emerging Local Plan.

2 No dwelling hereby approved shall be first occupied until a scheme forlandscape maintenance for a period of five years following theimplementation of the landscaping scheme have been submitted to andapproved in writing by the Local Planning Authority.

Reason: To ensure an acceptable standard of landscaping, in accordancewith Policy DM3 of the Core Strategy and Development ManagementPolicies (2009) and Policy HQ1 of the Emerging Local Plan.

3 All planting shall be carried out in full accordance with the details on drawingnumbers: 6787.PP.1.0 Rev C; 6787.PP.2.1 Rev C; 6787.PP.2.2 Rev C;6787.PP.2.3 Rev C by the end of the full planting season immediatelyfollowing the completion and/or first use of any separate part of thedevelopment (a full planting season means the period from October toMarch). The trees, shrubs and grass shall subsequently be maintained inaccordance with the approved landscape maintenance scheme underCondition 2 of this reserved matters approval and any which die or aredestroyed during this period shall be replaced during the next plantingseason.

Reason: To ensure an acceptable standard of landscaping, in accordancewith Policy DM3 of the Core Strategy and Development ManagementPolicies (2009) and Policy HQ1 of the Emerging Local Plan.

4 No dwelling hereby permitted shall be first occupied until details of all hardsurfacing materials (including the public right of way surfacing, footpaths,patio areas and vehicular hardstandings) have been submitted to andapproved in writing by the Local Planning Authority. The development shallthereafter be carried out and completed in accordance with the approveddetails prior to the first occupation any dwelling hereby permitted.

Reason: To control the appearance of the building in the interests ofsafeguarding the visual amenities of the locality and to enhance localdistinctiveness, in accordance with Policy DM3 of the Core Strategy andDevelopment Management Policies 2009; and Policy HQ1 of the EmergingCentral Bedfordshire Local Plan (April 2018).

5 No works relating to the construction of buildings above slab level shall takeplace, notwithstanding the details submitted with the application, until detailsof the bricks to be used for the construction of the external walls, brick detail1 and brick detail 2 have been submitted to for the approval in writing by theLocal Planning Authority. The development shall thereafter be carried out inaccordance with the approved details.

Reason: To control the appearance of the building in the interests ofsafeguarding the visual amenities of the locality and to enhance localdistinctiveness, in accordance with Policy DM3 of the Core Strategy andDevelopment Management Policies 2009; and Policy HQ1 of the EmergingCentral Bedfordshire Local Plan (April 2018).

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6 No dwelling hereby permitted shall be first occupied until the bin, cycle andscooter storage building hereby permitted has been completed and providedin accordance with the approved drawings.

Reason: to ensure the provision of bin storage and cycle parking, in theinterest of the visual amenities of the locality, in accordance with Policy DM3of the Core Strategy and Development Management Policies (2009).

7 No equipment, machinery or materials shall be brought on to the site for thepurposes of development until, all tree protection fencing and groundprotection has been erected and positioned in strict accordance with"Arboricultural Impact Assessment June 2019 10263_AIA.001" andAppendix C "Tree Protection Plan". The tree protection fencing and groundprotection shall then remain securely in position throughout the entire courseof development.

Reason: To ensure the protection of trees marked for retention as part of thecompleted development.

8 All works associated with the development of the site, including works totrees, shall be carried out in strict accordance with Arboricultural ImpactAssessment June 2019 10263_AIA.001" and Appendixes.

Reason: To ensure that the trees marked for retention are not damaged byadverse working practices, and that working methodology is in strictaccordance with stipulated arboricultural working practices and procedures,as set out in the Arboricultural Impact Assessment.

9 This approval relates only to the details shown on the submitted plans,numbers: 19031sk1.01 Rev A; 19031wd2.01 Rev D; 19031wd2.03 Rev A;1903wd2.04 Rev A; 19031.wd2.05 Rev A; 19031.wd2.06 Rev A;19031wd2.08 Rev B; 19031.wd2.09 Rev B; 19031.wd2.10 Rev B;19031wd2.11 Rev B; 19031.wd2.12 Rev B; 19031wd2.13 Rev B;19031wd2.14; 6787.PP.1.0 Rev C; 6787.PP.2.1 Rev C; 6787.PP.2.2 Rev C; and 6787.PP.2.3 Rev C.

Reason: To identify the approved plan/s and to avoid doubt.

INFORMATIVE NOTES TO APPLICANT

1. This decision relates only to that required under the Town & CountryPlanning Acts and does not include any consent or approval under anyother enactment or under the Building Regulations. Any other consent orapproval which is necessary must be obtained from the appropriateauthority.

Statement required by the Town and Country Planning (Development ManagementProcedure) (England) Order 2015 - Part 6, Article 35

The Council acted pro-actively through early engagement with the applicant at thepre-application stage as well as during the determination of the application which led toimprovements to the scheme. The Council has therefore acted pro-actively to secure asustainable form of development in line with the requirements of the Framework (paragraph38) and in accordance with the Town and Country Planning (Development ManagementProcedure) (England) Order 2015.

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DECISION

......................................................................................................................................

......................................................................................................................................

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8. Planning Application No:CB/19/02032/RM (Biggleswade South)

Address: Land off Saxon Drive,Biggleswade (nearest post code SG188QU).

Reserved Matters following outlineapplication CB/17/01277/OUT. Erectionof 200 residential dwellings withassociated access, landscaping, openspace and ancillary works.

Applicant: Taylor Wimpey (SouthMidlands)

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© Crown Copyright. All rights reserved.Central Bedfordshire CouncilLicence No. 100049029 (2009)Date: 19:September:2019

Scale: 1:5000

Map Sheet No

CASE NO.N

S

W EApplication No.

CB/19/02032/RM

Land off Saxon Drive, Biggleswade

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APPLICATION NUMBER CB/19/02032/RMLOCATION Land off Saxon Drive, BiggleswadePROPOSAL Reserved Matters following outline application

CB/17/01277/OUT Erection of 200 residentialdwellings with associated access, landscaping,open space and ancillary works.

PARISH BiggleswadeWARD Biggleswade SouthWARD COUNCILLORS Cllrs Foster & WhitakerCASE OFFICER Benjamin TracyDATE REGISTERED 19 June 2019EXPIRY DATE 18 September 2019APPLICANT Taylor Wimpey (South Midlands)AGENTREASON FORCOMMITTEE TODETERMINE

Cllr Hayley Whitaker Ward Member Call-in for thefollowing reasons:

loss of amenity - Loss of green spacecontagious with the green wheel that gives thecommunity access to the countryside. This areais widely used by dog walkers, ramblers etc. Thesite is adjacent to a large allotment site thatneeds continuous access. Access will bereduced by the provision of these homes.Thought to the layout needs to show thatconsideration has been given to providing awildlife corridor through the site to join thegreen wheel and ensuring unimpeded access tothe allotment site.highway safety grounds - The access road isalso the only access to the large allotment sitewhich already has limited parking for allotmentholders vehicles. No provision has been madefor increased parking spaces or improvingamenities on site, there is also no considerationof allotment security.impact on landscape - The land is home to largebadger set and barn owls as set out in theoutline planning application and no provisionhas yet been made for their relocation. Similarlygreat crested newts and other surveys have yetto be completed. Until this has been done it isimpossible to set out the layout of anydevelopment.Other - The site is adjacent to the Stratton Parkmobile homes site where each property stores aminimum of 200kg of LPG gas in bottles at therear (backing onto the proposed todevelopment). This is around 3.5tonnes for theentire site and represents a significant fire risk.The mobile homes themselves are also highlyflammable compared to traditional buildings.Residents are strictly prohibited from havingBBQs, fireworks, fires or anything that could

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generate a spark to reduce this risk. Theapplication deems the new development to be‘far enough away’ to be safe but provides nowritten evidence of any risk assessment beingperformed. This development potentially placesexisting residents at risk. There is no evidenceof consultation with the fire brigade on thismatter.

RECOMMENDEDDECISION Approval of Reserved Matters

Summary of Recommendations:

The site benefits from Outline Planning Permission with all matters reserved exceptfor access, under reference CB/17/01277/OUT dated 18/09/2017, for the erectionof up to 200 residential dwellings with associated access, landscaping, open spaceand ancillary works. All matters reserved except means of access from SaxonDrive.

It is considered that the proposed development falls within the scope of the OutlinePlanning Permission and the proposed Landscaping, Layout, Scale andAppearance of the development would be acceptable in detail, subject toconditions. No significant harm has been identified that would outweigh the benefitsof the proposed development.

Site Location:

The application site is situated to the south east of Biggleswade. Recent large scaleresidential development has taken place at Kings Reach, close by to this site to thenorth, and recent employment development has also taken place at the StrattonPark business park, close by to the site to the south.

Saxon Drive forms the site boundary to the west, and Baden Powell Way providesthe northern boundary. Arable fields, allotments and a stream provide the easternedge and a small group of mobile homes know as Stratton Park form the southernedge.

The site is currently mostly arable land, and is accessed via a farm track off SaxonDrive. The land falls gently down towards the stream.

The site benefits from Outline Planning Permission with all matters reserved exceptfor access, under reference CB/17/01277/OUT dated 18/09/2017, for the erectionof up to 200 residential dwellings with associated access, landscaping, open spaceand ancillary works. All matters reserved except means of access from SaxonDrive.

The Application:

The application seeks the approval of details of the appearance, landscaping,

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layout and scale of the development known as the reserved matters, pursuant tothe Outline Planning Permission reference CB/17/01277/OUT.

The development consists of the erection of 200 residential dwellings withassociated access, landscaping, open space and ancillary works.

Access to the site would be taken from Saxon Drive as approved under the OutlinePlanning Permission.

RELEVANT POLICIES:

National Planning Policy Framework (NPPF) (February 2019)

Core Strategy and Development Management Policies - North 2009

CS14 High Quality DevelopmentCS15 HeritageCS16 Landscape and WoodlandCS17 Green InfrastructureDM3 High Quality DevelopmentDM10 Housing MixDM13 Heritage in DevelopmentDM14 Landscape and WoodlandDM15 BiodiversityDM17 Accessible Greenspaces

Central Bedfordshire Local Plan - Emerging

The Central Bedfordshire Local Plan has reached submission stage and wassubmitted to the Secretary of State on 30 April 2018.

The National Planning Policy Framework (paragraph 48) stipulates that from theday of publication, decision-takers may also give weight to relevant policies inemerging plans unless material considerations indicate otherwise.

The apportionment of this weight is subject to:

the stage of preparation of the emerging plan;the extent to which there are unresolved objections to relevant policies;the degree of consistency of the relevant policies in the emerging plan to thepolicies in the Framework.

Reference should be made to the Central Bedfordshire Submission Local Planwhich should be given limited weight having regard to the above. The followingpolicies are relevant to the consideration of this application:

Supplementary Planning Guidance/Other Documents

Central Bedfordshire Design Guide (March 2014)Central Bedfordshire Landscape Character Assessment (2016)Biggleswade Green Wheel - Greenspace Masterplan 2013

Relevant Planning History:

Case Reference CB/17/01277/OUTLocation Land at Saxon Drive, Biggleswade

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Proposal Outline application: Erection of up to 230 residential dwellingswith associated access, landscaping, open space andancillary works. All matters reserved except means of accessfrom Saxon Drive.

Decision Outline Application - GrantedDecision Date 18/09/2017

Consultees:

Biggleswade TownCouncil

No response received.

Bedfordshire Fire andRescue Service

Bedfordshire Fire and Rescue Service have raised noobjection to the application subject to compliance withBuilding Regulations.

Arboriculturalist The Council's Arboriculturalist has raised no objectionsubject to conditions that would ensure all steps andsequences along with position and form of tree protectionfencing as shown are followed, in accordance with theArboricultural Method Statement.

Strategic Landscape No comments received. To follow on late sheet.

Ecologist The Council's Ecologist has issued the followingcomments on this reserved matter application:

"The landscape strategy is noted and the inclusion ofnative planting and wet habitats is welcomed but this onlyfocuses on the wider site and much more can be doneon a plot basis, namely the inclusion of bat, bird and beebricks and hedgehog holes in fences. All of which shouldbe incorporated at the build stage. I would ask that theapplicant reconsiders the layout to include such featuresand addresses a programme of development to ensureno harm to wildlife".

Public Art No objection. Outline Planning Permission condition forthe inclusion of public art.

Meeting theAccommodation Needsof Older People Team(MANOP)

The MANOP Team have sought provision of:27 units of mainstream housing for older people; and19 dwellings within the definition of housing withsupport.

Affordable Housing No objection.

Self and Custom BuildOfficer

Comments awaited on additional information, to beprovided on the late sheet.

Sustainable Growth andClimate Change

No objection subject to compliance with Policies DM1Renewable Energy, DM2 Sustainable Construction ofNew Buildings and CS13 Climate Change.

Highway Authority No objection subject to conditions.

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Waste The Council's waste team raise no objection to thedevelopment subject to the Highway Authority comments.

It is requested to ensure the apartment building stores:are a maximum of 10m from the waste collectionvehicle over suitable gradients and surfacing, as wellas suitable dropped kerbs are provided;are easily accessible from the main highway andsecure;feature doors are wide enough to allow for easyremoval of bins from the storage area;feature lighting within the stores to ensure they canbe used safely by residents when it is dark; andfeature a lock code to be provided to the highwayauthority.

Public Transport No objection subject to S106 for off site public transportimprovements and financial contributions towards busservices provision.

Rights of Way The Council's Right of Way teams comments have beensummarised as:

It is not obvious or clear from the documents submittedwhether the intention is to incorporate the existingFootpath 24 into the highway footway boundary, see mapbelow, which Rights of Way would oppose as it iscontrary to Rights of Way Policy guidance, or whetherthe existing route will remain intact. This would need tobe made clear in the rights of way scheme and rights ofway legal applications, which will need to be submittednow as a matter of some urgency. The manner andlocations of the connections from the turning heads ofthe estate road to FP 24 need to be made clear.

A right of way scheme is necessary and should showhow the permissive bridleway will be incorporated.

Section 106 financial contribution is sought to improvebridleway 57.

Leisure No comment.

Lead Flood Authority No objection, sufficient information received relating tosurface water and drainage.

Bedfordshire and RiverIvel Internal DrainageBoard

The IDB have no further comment to add to those raisedat outline stage.

Archaeology The permitted development site is known to containextensive archaeological remains including: a Romansettlement, evidence of medieval settlement and amoated site relating to the Saxon and medievalsettlement of Stratton, and medieval field systems. It alsolies within the setting of Scheduled Monument of Stratton

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Park Moat and associated earthworks (HER 520, NHLE1012161) to the south, a designated heritage asset of thehighest importance. The impact of the permitteddevelopment on archaeological remains and on thesetting of the Scheduled Monument is reflected inCondition 10 (Heritage Enhancement Scheme for heScheduled Monument) and Condition 24 (ArchaeologicalInvestigation) of the outline planning permission(CB/17/01277/OUT). The details submitted with thisReserved Matters application do not materially alter theimpact of the development on archaeological remains oron the setting of the Scheduled Monument. They alsobroadly conform to parameters identified in the outlineapplication with respect to the setting of the ScheduledMonument. Consequently, there is no objection to thisapplication on archaeological grounds.

Historic England Historic England have raised concerns about the impactof this development upon the significance of thedesignated and nationally important scheduledmonument (Stratton Park Moated Enclosure andManurial Earthworks. The primary concern is about theproximity of the development to the monument combinedwith the potential height, form and layout of the proposal.Concern is also raised in relation to the cumulativeimpact of additional noise and lights, and when thisdevelopment is seen in combination with otherdevelopments and site allocations on land that surroundsthe monument.

Historic England recommend the buffer area is extendedand further revisions are made to the storey heights ofbuildings closest to the monument. Historic Englandobject to the application on heritage grounds andconsider it fails policies 193, 194 and 196 of the NPPF.

Other Representations:

Neighbours 22 representations have been received including arepresentation from the Biggleswade AllotmentAssociation and Biggleswade Green Wheel. 20representations have objected to the application, 1comment. The representations are summarised as:

negative impact on wildlife and habitats, includingbadgers, foxes and deer;the site should be used as farmland;the site is enjoyed by dog walkers, children and localresidents as open countryside and it should not bebuilt on;the development will negatively affect the setting ofHeritage Assets;There is a single house type E in the south westperimeter of the development which will overlookmobile homes and the brick house adjacent andshould be set back;the three storey properties (Type E), appear to all be

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situated around the perimeter of the developmentwhere they are most visible. Planning applicationshave been turned down on this before;vegetation screening between the mobile homes andthe development, would be welcomed and should bedelivered;concern in relation to the distance between theproposed new development and the LPG Cylinders onthe mobile homes site, in the context of health andsafety. An acceptable distance should bedemonstrated or the application should be refused;planning permission has already been given to anadjacent plot of land for the storage of show groundvehicles and machinery. The land in question issituated on an incline and will require screening.Evergreen trees are requested;Highway capacity concerns;infrastructure capacity concerns;increased crime;S106 money is not spent locally;no environmental impact report;flood risk concerns;allotments need security;a wildlife corridor should be left between the greenwheel and allotments;emergency services are stretched;impact on the green wheel and footpath through thesite;increase air pollution from additional vehicles;highway safety concerns for cyclists and pedestrianson the wider highway network due to increasedvehicles;vehicles driving through Biggleswade Green Wheel isa danger to pedestrians;the allotments will be overshadowed by development;the site is not an allocated site in the Local Plan;utilities will not cope with the additional demand;the toad breeding pool at the swimming pool is theonly breeding pool for miles, what will happen to thetoads;the affordable quota is not legally binding;overcrowded trains;No evidence that a GCN Phase II survey has beenundertaken;residents at Stratton Park Drive are subject toregulations that state they are not allows bonfires,barbecues or fireworks, as the houses are of woodconstruction and they have 4 Calor Gas 47kg bottleseach;loss of trees;leisure centre swimming pool is over subscribed;impact on the Biggleswade Green Wheel; andthe development would not deliver an outer greenwheel.

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Determining Issues:The main considerations of the application are;

1. Principle2. Affect on the Character and Appearance of the Area3. The Historic Environment4. Neighbouring Amenity5. Highway Considerations6. Other Considerations

Considerations

1. Principle1.1 Outline planning permission was granted for the development of the site to

provide the following:

The erection of up to 200 residential dwellings with associated access,landscaping, open space and ancillary works. All matters reserved exceptmeans of access from Saxon Drive.

The principle of development is therefore established through the previousoutline consent. It is not necessary or reasonable to repeat conditions that arealready included on an outline planning permission. Conditions on reservedmatters need to explicitly relate to the details of that specific application.

It is noted that the Outline Planning Permission requires any reserved mattersapplication to include:

the submission details of hard and soft landscaping (including details ofboundary treatments, public amenity open space, local equipped play areasof play and local areas of play together with a timetable for itsimplementation. However timetables for implementation have been agreedthrough S106. scheme of measure to mitigate the impacts of climate change and deliversustainable and resource efficient development including meeting higherwater efficiency standards and building design, layout, orientation, naturalfeatures and landscaping to maximise natural ventilation, cooling and solargain. A Sustainability Statement has been provided which complies with thiscondition.the submission of detailed layout plans to include car and cycle parking andrefuse collection vehicle turning heads.

2. Impacts on the Significant of Heritage Assets and the affect on theCharacter and Appearance of the Area including the intrinsic characterand beauty of the Countryside.The site is located within the National Landscape Character Area 88"Bedfordshire and Cambridge Claylands" and Local Landscape Area "Lower IvelClay Valley".

To the west and north of the site boundary is the Biggleswade Green Wheel,and the site contains a public right of way to the north known as Footpath 24.

To the south and south east of the site beyond the dwellings sited along StrattonPark Drive, is the Scheduled Monument known as "Statton Park MoatedEnclosure and associated Manorial Earthworks".

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Paragraph 192 of the NPPF states: In determining applications, local planningauthorities should take account of:a) the desirability of sustaining and enhancing the significance of heritage

assets and putting them to viable uses consistent with their conservation;b) the positive contribution that conservation of heritage assets can make to

sustainable communities including their economic vitality; andc) the desirability of new development making a positive contribution to local

character and distinctiveness.

Paragraph 193 and 194 of the NPPF continues that when considering theimpact of a proposed development on the significance of a designated heritageasset, great weight should be given to the asset's conservation (and the moreimportant the asset, the greater the weight should be). Any harm to, or loss of,the significance of a designated heritage asset (from its alteration or destruction,or from development within its setting), should require clear and convincingjustification.

The monument is a well preserved example of a medieval moated enclosure,which is well associated with contemporary manorial out-works and buildingplatforms. These formed the main manor of the now lost settlement of Stretton(Stratton) which was the precursor to the later development of a manor houseand park land at Stratton Park. It is likely the moated enclosure dates back tothe C13 and remained the main manorial residence in Stratton until the C16.The monument subsequently became part of the remodelling of the landscapeinto a classic park when the new house at Stratton Park was built. This housewas then demolished in the 1960's, and was located to the east of thedevelopment. The park originally included the land associated with KennelFarm, Park Corner Farm, the scheduled monument, and almost all of thedevelopment site. The big house was also originally approached by a drivewhich ran past the northern side of the scheduled monument between the moatand the development area and is now lined by park homes.

In accordance with paragraph 193 great weigh is given to the conservation ofthese heritage assets. Consideration has been given to how the proposeddevelopment would affect how the asset is experienced.

The scheduled monument currently enjoys a rural setting to the south and east,as well as to the north, although the immediate setting contains park homes. It isconsidered that the site forms part of the setting of the scheduled monumentand would result in a degree of harm to the significance of these heritage asset,with particular regard to commutative impacts of committed developments to thesouth and east.

However the proposed development would retain a buffer of approximately 50metres in accordance with the principles established by the Outline PlanningPermission, for which this reserved matters application would accord. Inaddition, the proposed development includes a transition of built scale/ heightsto reduce the degree of impact of built development on the setting of thisheritage asset. Furthermore the Outline Planning Permission includes acondition for an Heritage Enhancement Scheme and a appropriately wordedcondition for Archaeological investigation, to mitigate impacts upon thesignificance of heritage assets.

The Council's Archaeologist advises that the details submitted with thisReserved Matters application do not materially alter the impact of thedevelopment on archaeological remains or on the setting of the Scheduled

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Monument. They also broadly conform to parameters identified in the outlineapplication with respect to the setting of the Scheduled Monument.Consequently, there is no objection to this application on archaeologicalgrounds.

Concerns raised in relation to light pollution in the context of street lighting arecontrolled by condition on the outline planning permission.

It is however acknowledged that the proposed development would have adegree of harm to the significance of this heritage asset, which is considered tobe less than substantial, as reflected in Historic England's representationthrough reference to paragraph 196 of the NPPF, which is attributed greatweight.

Paragraph 196 of the NPPF states: "Where a development proposal will lead toless than substantial harm to the significance of a designated heritage asset,this harm should be weighed against the public benefits of the proposalincluding, where appropriate, securing its optimum viable use".

It is considered that the public benefits of the proposed development as detailedon the Outline Planning Permission including the provision of a significantamount of the site as publicly accessible open space, significant improvementsto the public footpath network, the provision of over 40% affordable housing inthe form of an Extra Care scheme at Sorrell Way, and the provision of aHeritage Asset Enhancement Scheme for the nearby Scheduled AncientMonument, would form benefits that would outweigh the degree of harmidentified.

There are no details within this Reserved Matters Application, that wouldmaterially alter that conclusion as stipulated and envisaged at Outline stage.

For the reasons outlined above it is considered that the proposed developmentis acceptable within the context of impacts on the significance of heritageassets.

As stated the site is located adjacent to the Biggleswade Green Wheel. TheBiggleswade Green Wheel Masterplan is not referred to directly by adoptedpolicy. Concern has been raised that the development does not provide a newouter section as stipulated in the BGW Masterplan. Notwithstanding; the latterthe proposed development broadly accords with the approved illustrativemasterplan. The development does provide a green space to south- east.Furthermore; the proposed development shall provide Scheduled MonumentEnhancements which forms part of the Green Wheel and Biggleswade GreenInfrastructure Plan.

Policy CS17 of the Core Strategy and Development Management Policies(2009) states: the Council will seek a net gain in green infrastructure through theprotection and enhancement of assets and provision of new green spaces asset out in the Strategic, Mid Bedfordshire and Parish Green Infrastructure Plans.It is considered that the proposed development would deliver a net gain in greeninfrastructure and would preserve the existing Green Wheel Route.

Concern has been raised in relation to the detail of the public right of way knownas Footpath 24 to the north of the site. The Outline Planning Applicationrequires the submission of a public right of way scheme separately to thereserved matters application. The detail of this scheme will require the approval

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of the local planning authority and it is considered that there is sufficient spacewithin the proposal to address the concerns raised.

Furthermore, it is considered that the overall layout including road design, blockpattern and grain of development, provision of open spaces are all acceptableand are reflective of the recent development in this part of the settlement. Theoverall scale and appearance of built form, including elevation detailing, plotdesign, materials and detailing has been discussed and negotiated during thecourse of the application. An appropriate scale, mix and design of residentialdevelopment is provided which complements the wider character of the builtenvironment. It is further considered that the proposed development wouldfeature acceptable landscaping and planting details to mitigate the impact ofdevelopment upon the open countryside, and ensure a high qualitydevelopment.

For the reasons outlined above it is considered, subject to conditions, that theproposed development would be acceptable within the context of conservingand enhancing the built historic environment. Furthermore; it is considered that,subject to conditions and a S106 agreement, the development would be of ahigh quality and would not cause harm to the character and appearance of thearea more generally. The proposal would conform with Policies DM3, CS16,CS17, DM13 and CS15 of the Core Strategy for the North of CentralBedfordshire; Policies HQ1 and HE3 of the Submission Central BedfordshireLocal Plan; the Central Bedfordshire Design Guide; and the NPPF.

3. Amenity of Existing and Future Occupiers within and neighbouring thesite.In respect of the impact on existing neighbouring amenity the development sitearea adjoins neighbouring dwellings to the south including, The Lodge, DuntonLane; Nos. 2 - 42 (even numbers), Stratton Park Drive.

It is considered that the layout and buildings have been designed to ensure thatbuildings would maintain an appropriate separation between these neighbouringdwellings, to ensure there is no unacceptable impact in relation to Loss of light,outlook or overbearing impacts. An acceptable separation from the windows andimmediate private amenity spaces serving all neighbouring dwellings. In additionit is considered that an acceptable distance from the dwellinghouses to thenortheast of Sorrell Way.

The development would not cause an unacceptable degree of loss of light oroverbearing impact upon any neighbouring dwellings.

For the reasons outlined above it is considered that the proposed developmentwould not cause an unacceptable impact upon existing neighbouring dwellingsin relation to outlook, privacy or overbearing impact. Thereby, it is consideredthat the proposed development would not cause harm to the amenity or theliving conditions of any existing neighbouring dwelling, in accordance with PolicyDM3 of the Core Strategy and Development Management Policies (2009).

In respect of providing suitable living conditions for future occupiers, it isconsidered that the proposed dwellings would provide suitable external privateamenity space and that the windows to habitable rooms would provide asuitable degree of outlook and light. Furthermore, when considering theproposed location of windows with 21 metre back to back distances provided, itis considered that the proposed dwellings would benefit from a suitable standardof privacy, in accordance with the Design Guide.

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It is considered that soft landscaping within the site would provide a suitabledegree of privacy to these neighbouring properties from users of the openspace.

For the reasons outlined above it is considered that the proposed developmentwould provide a good standard of amenity for all existing and future occupiers inaccordance with the National Planning Policy Framework and would form HighQuality Development in this respect in the context of Policy DM3 of the CoreStrategy and Development Management Policies 2009; and Policy HQ1 of thesubmitted emerging Central Bedfordshire Local Plan. Furthermore; it isconsidered that the proposed development would be in accordance with theCentral Bedfordshire Design Guide.

4. Highway ConsiderationsThe quantum of development and the vehicular access to the site has beenapproved under the outline planning permission and the details of this access issubject to condition upon that outline permission. The proposed layout of thedevelopment is subject of this reserved matters application and the road layoutand designs, including car and cycle parking provision are considered to beacceptable within a highway context, a condition shall ensure that traffic calmingmeasures accord with the Council's Highway Design standards.

It should be noted that the:implementation and completion of the junction to the Highway to providevehicular access;provision of visibility splays at the vehicular junction to the Highway;provision of car parking spaces, prior to occupation;Construction Site Management Plan;Wheel Washing;External lighting; andthe provision of site highway works/ crossings,

are all controlled by Conditions on the Outline planning permission.

It is considered necessary, relevant and reasonable to impose conditions thatwould ensure the provision of suitable surfacing materials for all hardlandscaped areas, in the interest highway safety and the character of the area.

A financial contribution has been requested towards bus stop and serviceimprovements, however planning obligations are an outline application matterand cannot be negotiated or required at reserved matters stage.

For the reasons outlined above, subject to conditions it is considered that theproposed development is acceptable within the context of Highway Safety,Capacity and Parking.

5. Other ConsiderationsBiodiversity

It is considered that the layout of the development provides Green InfrastructureConnections. It is considered that the soft landscaping scheme proposed andthe safeguarding of existing trees, in addition to the requirements upon theOutline Planning Permission, would positively contribute towards net gains forbiodiversity. The Outline Planning Permission, includes a requirement for a fullEcological Enhancement Scheme which would secure additional measures toachieve a net gain for biodiversity. Thereby it is considered that the proposed

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development would accord with Policy CS18 of the Core Strategy andDevelopment Management Policies 2009 as well as Policy EE2 of the EmergingCentral Bedfordshire Local Plan.

Health and Safety

Concern has been raised in the context of the siting of Lithium Petroleum GasCanisters at Park Homes upon Stratton Park Drive as well as potential sourcesof ignition, including fireworks and barbeques.

It is advised that the application is for reserved matters and the location andstorage of liquid petroleum gas cylinders for domestic use and commercial useas well as caravan sites, when stored below volumes requiring HazardousSubstances Consent, are controlled by other legislation. It is considered that thequantities upon the neighbouring site are significantly below the threshold ofrequiring hazardous substances consent.

As such it is advised that in this instance the matter of the neighbouring LPGCylinders are covered by guidance and legislation within the remit of the HSEand other relevant bodies. This is not dissimilar to the storage of LPG canistersfor residential barbeques, where the onus for the safe storage of LPG canistersfalls to the installer/ landowner of the canisters. The overall layout of thedevelopment and relationship with the Stratton Park Drive is considered to beacceptable.

Phasing of open space, landscaping, children's play areas

It is considered necessary, relevant and reasonable to impose a condition thatwould ensure all open space, landscaping, and children's play areas would beprovided in an appropriate timescale/ phase.

Human Rights and Equalities Act

Based on information submitted there are no known issues raised in thecontext of Human Rights / The Equalities Act 2010 and as such therewould be no relevant implications.

Recommendation:

That Planning Permission be APPROVED subject to the following Conditions:

RECOMMENDED CONDITIONS

1 No development shall commence until a scheme indicating thepositions, design, materials and type of boundary treatment to beerected, has been submitted to and approved in writing by the LocalPlanning Authority. The boundary treatment shall be completed inaccordance with the approved scheme.

Reason: This condition is pre commencement to safeguard theappearance of the completed development and the visual amenities ofthe locality, in accordance with Policy DM4 of the Core Strategy andDevelopment Management Policies (2009).

2 Notwithstanding the details submitted, no dwelling hereby permitted shall befirst occupied until a revised scheme for traffic calming measures as well as

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details of all hard surfacing materials for public right of way surfacing,footpaths, dropped kerbs, vehicular hardstandings and traffic calmingmeasures have been submitted to and approved in writing by the LocalPlanning Authority. The scheme shall demonstrate that the designincorporates measures to meet the needs for those with disabilities. Thedevelopment shall thereafter be carried out and completed in accordancewith the approved details prior to the first occupation any dwelling herebypermitted.

Reason: To control the appearance of the area in the interests ofsafeguarding the visual amenities of the locality and to enhance localdistinctiveness, highway safety and to ensure the development is accessiblefor all, in accordance with Policy DM3 of the Core Strategy andDevelopment Management Policies 2009; Policy HQ1 of the EmergingCentral Bedfordshire Local Plan (April 2018); the Central BedfordshireDesign Guide; and the NPPF.

3 No dwelling hereby approved shall be first occupied until a scheme detailingtriggers/ timescales / phasing of all hard landscaping, including all roads andpaths has been submitted to and approved in writing by the Local PlanningAuthority. Thereafter the hard landscaping shall be completed in fullaccordance with the approved scheme.

Reason: To ensure an acceptable standard of landscaping and high qualitydevelopment, in accordance with Policy DM3 of the Core Strategy andDevelopment Management Policies (2009) and Policy HQ1 of the EmergingLocal Plan.

4 No above ground building work shall commence until a full soft landscapingscheme has been submitted to and approved in writing by the local planningauthority. The scheme shall include:

a detailed plan for all soft landscaping across the site, indicating thepositions, densities, species and maturity of planting, as well as detailingmethods for planting and where relevant root barrier details;a implementation scheme for all soft landscaping to include triggers/timescales and seasons for implementation of planting across the site;a maintenance and management plan.

The development shall be carried out in full accordance with the approvedscheme, including triggers/ timescales and seasons for implementation.Thereafter, the soft landscaping and planting shall subsequently bemaintained in accordance with the approved details.

Reason: To ensure an acceptable standard of landscaping, in accordancewith Policy DM3 of the Core Strategy and Development ManagementPolicies (2009) and Policy HQ1 of the Emerging Local Plan.

5 No works relating to the construction of buildings above slab level shall takeplace, notwithstanding the details submitted with the application, until detailsof the materials and finishes to be used for the construction of the externalwalls, windows, external front doors, architectural detailing, and roofs havebeen submitted to for the approval in writing by the Local Planning Authority.The development shall thereafter be carried out in accordance with theapproved details.

Reason: To control the appearance of the building in the interests ofsafeguarding the visual amenities of the locality and to enhance local

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distinctiveness, in accordance with Policy DM3 of the Core Strategy andDevelopment Management Policies 2009; and Policy HQ1 of the EmergingCentral Bedfordshire Local Plan (April 2018).

6 No above ground building works shall commence until details of the binstores to serve the apartment buildings hereby approved have beensubmitted to and approved in writing by the Local Planning Authority.Thereafter the bin stores shall be constructed and made available for useprior to the first occupation of any dwelling for which the bin store will serve.

Reason: To ensure the provision of suitable bin storage, in the interest of thevisual amenities of the locality, in accordance with Policy DM3 of the CoreStrategy and Development Management Policies (2009) and the CentralBedfordshire Design Guide.

7 No equipment, machinery or materials shall be brought on to the site for thepurposes of development until, all tree protection fencing and groundprotection has been erected and positioned in strict accordance with"Arboricultural Method Statement June 2019 10102_AMS.001". The treeprotection fencing and ground protection shall then remain securely inposition throughout the entire course of development.

Reason: To ensure the protection of trees marked for retention as part of thecompleted development.

8 All works associated with the development of the site shall be carried out instrict accordance with "Arboricultural Method Statement June 201910102_AMS.001".

Reason: To ensure that the trees marked for retention are not damaged byadverse working practices, and that working methodology is in strictaccordance with stipulated arboricultural working practices and procedures,as set out in the Arboricultural Impact Assessment.

9 Prior to commencement of any above ground building works details of thecombined LEAP/LAP and the NEAP shall be submitted to and approved inwriting by the Local Planning Authority. Details shall including layout,equipment details, surfacing materials, boundary treatments and groundlevels. The development shall be carried out in accordance with theapproved details and in a timescale which shall be previously agreed andapproved in writing by the Local Planning Authority.

"Combined LEAP/ LAP" means the local equipped area for play (LEAP) thatincludes a minimum of 3 different items of fixed play equipment for childrenaged 3 to 6 years and the local area for play that includes a minimum of 5pieces of fixed play equipment for children aged 6 to 10 years which are tobe combined and provided within the site".

"NEAP" means the neighbourhood equipped area of play (NEAP) thatincludes a minimum of 8 items of fixed play equipment for children aged 10to 14 years to be provided within the site, as well as a hard surfaced area ofat least 465 square metres for casual recreation for older children/ teenagerswith fencing, goals and nets suitable for football kick-about and basketball.

Reason: To secure suitable provision of play areas to meet the demandarising from the development, in accordance with the Council's LeisureStrategy; Core Strategy and Development Management Policies; CentralBedfordshire Design Guide; and the NPPF.

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10 No above ground building work shall commence until elevations and floorplan details of the double and single garage buildings to serve the dwellingshereby approved have been submitted to and approved in writing by theLocal Planning Authority. Thereafter the garage buildings shall beconstructed and made available for use prior to the first occupation of anydwelling for which the garage will serve.

Reason: To ensure the provision of suitable garage designs, in the interestof the visual amenities of the locality, in accordance with Policy DM3 of theCore Strategy and Development Management Policies (2009) and theCentral Bedfordshire Design Guide.

11 This approval relates only to the details shown on the submitted plan,numbers: P101 Rev O; P300; P301 Rev A; P302; P303; P304; P305; P306;P307; P308; P309 Rev A; P310; P311; P312; P313; P314; P315; P316;P317 Rev A; P318; P319; P320; P321; P322; P323; P324; P325; P326 RevF; P327; P328; P329C; and Sustainability Statement August 2019.

Reason: To identify the approved plan/s and to avoid doubt.

INFORMATIVE NOTES TO APPLICANT

1. This permission relates only to that required under the Town & CountryPlanning Acts and does not include any consent or approval under anyother enactment or under the Building Regulations. Any other consent orapproval which is necessary must be obtained from the appropriateauthority.

Statement required by the Town and Country Planning (Development ManagementProcedure) (England) Order 2015 - Part 6, Article 35

The Council acted pro-actively through early engagement with the applicant at thepre-application stage and during the determination of the application which led toimprovements to the scheme. The Council has therefore acted pro-actively to secure asustainable form of development in line with the requirements of the Framework (paragraph38) and in accordance with the Town and Country Planning (Development ManagementProcedure) (England) Order 2015.

DECISION

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9. Planning Application No:CB/19/01024/OUT (Northill)

Address: The Pound, Vinegar Hill, UpperCaldecote, Biggleswade, SG18 9AU.

Outline Planning Application: For up to 35dwellings, including access roads, carparking, garaging, landscaping andpedestrian crossings. Creation of newallotment to provide 10 plots with carparking.

Applicant: William Willoughby (Estates)Ltd and RG, SP, BJ and NG Maudlin

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© Crown Copyright. All rights reserved.Central Bedfordshire CouncilLicence No. 100049029 (2009)Date: 17:September:2019

Scale: 1:2000

Map Sheet No

CASE NO.N

S

W EApplication No.

CB/19/01024/OUT

The Pound, Vinegar Hill, Upper Caldecote, Biggleswade, SG18 9AU

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APPLICATION NUMBER CB/19/01024/OUTLOCATION The Pound, Vinegar Hill, Upper Caldecote,

Biggleswade, SG18 9AUPROPOSAL Outline Planning Application: For up to 35

dwellings, including access roads, car parking,garaging, landscaping and pedestrian crossings.Creation of new allotment to provide 10 plots withcar parking.

PARISH NorthillWARD NorthillWARD COUNCILLORS Cllr Mr FirthCASE OFFICER Annabel RobinsonDATE REGISTERED 28 March 2019EXPIRY DATE 27 June 2019APPLICANT William Willoughby (Estates) Ltd and RG, SP, BJ

and NG MaudlinAGENT AKT Planning+ArchitectureREASON FORCOMMITTEE TODETERMINE

This is a major planning application with anobjection from the Parish Council.

The applicants are family members of CouncillorMaudlin.

RECOMMENDEDDECISION Outline Application - Recommended for Approval

Reason for Recommendation

The proposal for residential development is contrary to Policy DM4 of the CoreStrategy and Development Management Policies Document 2009, however it doesaccord with emerging policy HA1 of the Central Bedfordshire Local Plan, for smalland medium allocations, and broadly accord with the Northill Neighbourhood Plan.The application site is adjacent to the existing settlement envelope of UpperCaldecote which is considered to be a sustainable location for planning purposes.The proposal would result in the loss of grade 1 agricultural land and would have animpact on the character and appearance of the area however subject to conditionsthis impact is not considered to be significant or demonstrably harmful. Theproposal is also considered to be acceptable in terms of highway safety andneighbouring amenity and therefore accords with Policy DM3 of the Core Strategyand the Council's adopted Design Guidance (2014). The whole scheme wouldcontribute to the Council’s 5 year housing supply as a deliverable site within theperiod. Financial contributions to offset local infrastructure impacts would be soughtfor education and leisure facilities. In the view of the above the negative impacts ofthe development are not considered to significantly and demonstrably outweigh thebenefits of the development, and as such the development should be approvedplanning permission in accordance with Paragraph 11 of the NPPF.

Site Location:

The site consists of arable farmland on the corner of Vinegar Hill and Ickwell Road.The Land has a Grade I agricultural land classification which is in use foragricultural purposes.

The site is located wholly beyond the settlement envelope of Upper Caldecote.

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To the North and West is open agricultural fields. To the East on the opposite sideof Vinegar Hill are residential properties fronting Vinegar Hill and within residentialcul du sac Pound Close. To the South on the opposite side of Ickwell Road areresidential properties fronting Ickwell Road, and a cluster development behind thetraditional building line.

The Application:

The application seeks outline planning permission with all matters reserved aexcept access for the construction of up to 35 dwellings, including access roads, carparking, garaging, landscaping and pedestrian crossings. Creation of new allotmentto provide 10 plots with car parking.

Matters relating to landscaping, layout, scale and appearance are reserved.

RELEVANT POLICIES:

National Planning Policy Framework (2019)

National Planning Practice Guidance

Core Strategy and Development Management Policies (November 2009)

CS1 Development StrategyCS2 Developer ContributionsCS3 Healthy and Sustainable CommunitiesCS6 Delivery and Timing of Housing ProvisionCS7 Affordable HousingCS13 Climate ChangeCS14 High Quality DevelopmentCS16 Landscape and WoodlandCS17 Green InfrastructureCS18 Biodiversity and Geological ConservationDM2 Sustainable Construction of New BuildingsDM3 High Quality DevelopmentDM4 Development Within and Beyond Settlement EnvelopesDM10 Housing MixDM14 Landscape and WoodlandDM15 BiodiversityDM16 Green InfrastructureDM17 Accessible Greenspaces

Central Bedfordshire Design Guide (2014)

Central Bedfordshire Local Plan - Emerging

The Central Bedfordshire Local Plan has reached submission stage and wassubmitted to the Secretary of State on 30 April 2018.

The National Planning Policy Framework (paragraph 48) stipulates that from theday of publication, decision-takers may also give weight to relevant policies inemerging plans unless material considerations indicate otherwise.

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The apportionment of this weight is subject to:

the stage of preparation of the emerging plan;the extent to which there are unresolved objections to relevant policies;the degree of consistency of the relevant policies in the emerging plan to thepolicies in the Framework.

Reference should be made to the Central Bedfordshire Submission Local Planwhich should be given limited weight having regard to the above. The followingpolicies are relevant to the consideration of this application:

LP HQ1: High Quality DevelopmentLP T2: Highway Safety and DesignLP T3: ParkingLP HA1: Small and Medium AllocationsLP SP7: Development within Settlement Envelopes

The Northill Neighbourhood Plan 2019 (referendum pending)Policy NP1

Relevant Planning History:

None relevant to the determination of this application for planning permission.

Consultees:

Northill Parish Council Northill Parish Council considered the above applicationat a recent meeting and the recommendation is to objectto the proposal because:

There are major concerns about the vehicular andpedestrian access into and out of the site. This isbecause of the volume and speed of the traffic usingVinegar Hill Road and Ickwell Road.

It is not compliant with policies NP1 and NP5 ofthe draft Northill Neighbourhood Plan which is at theexamination stage. NP1 only supports small scaledevelopment of up to 10 market housing dwellings withinthe settlement envelope. NP5 does not support back landdevelopment.

There are concerns as to the capacity of the foulsewer and drainage of surface water in the parish.

NPC made the comment that the preferred access wouldhave been opposite the entrance to Pound Close,possibly with a roundabout. This would have a trafficcalming effect making turning into and out of PoundClose safer.

NPC would also request that the developer carries out atraffic survey along Vinegar Hill to assess the speed andvolume of vehicles travelling in the area of the site.

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Highway Authority The Council's Highways Development Control Officer hasissued the following consultation response:

The application seeks access from Vinegar Hill, theC210, which has a posted speed limit of 30mph. There isa footway on the western side of Vinegar Hill along withstreet lighting in the vicinity of the access and leading tothe nearby cross roads junction.

The access road is 5.5m in width along with 2m widefootways on both sides, junction radii of 6m is alsoprovided and therefore the access is deemed acceptableas it is in accordance with the 2014 Design Guide.Visibility splays for the posted speed limit would be 2.4mx 43m and is shown on E3752/300, however we know thenorthbound speeds are on average 35mph. Whilstvisibility splays for vehicle speeds of 35mph would be2.4m x 59m this is still available, however speedreduction measures along this section of Vinegar Hillshould be provided.

Conditions recommended.

Landscaping The Council's Landscape Officer has issued the followingconsultation response:

It is noted that the Site Allocation refers to 33 dwellings -this development is for 35.

The site is in an area of very open landscape in the "IvelGap" landscape within LCA Area 4B , the Lower IvelValley, and provides views to the wider landscape of theGreensand Ridge. The LVA refers to the developmentretaining and enhancing the existing boundary hedges,where possible. A key concern is that development willresult in the loss of the eastern boundary hedge, wherepresent, and the building line will front and access thehighway, leading to a very urban presence at the ruraledge of the village.

The proposal for properties defining the corner iswelcomed, but the landscape design for this developmentdoes not provide a strong enough response to thelocation. new planting should help to create characteralong the road frontage; it is not sufficient to provideboundary trees and hedgerows to the agriculturallandscape. The hedgerow on the western boundary iswithin private ownership rather than the public realm aspromoted within the Design Guide. The hedge would besubject to varied management and the proposed treesare also vulnerable to removal.

The development would result in extensive areas of carparking, which would detract from development.

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A reduced density would allow some space for landmarktrees; elsewhere in Upper Caldecote there are examplesof limes and other larger specimen trees which make animportant contribution to local character.

The development guidelines for the area includesafeguarding existing hedges and the rural character ofsecondary roads. The landscape strategy for the area isto renew and create features to strengthen landscapecharacter.

It is recommended that a reduction in property numbersis secured in order to design in sufficient space theVinegar Hill frontage to be enhanced with feature treesand hedgerow planting at least on the northern section toprovide continuity with the landscape setting. It is unclearwhether the hedge proposed at present is on land withinthe Application Site, or whether the hedge alreadypresent will need to be removed to satisfy Highwayrequirements. The future of the existing small trees onthe verge may need to be discussed; the trees plannedfor this development may lead to a stronger gatewayplanting. However, the existing trees may have beenplanted by the community and so any removal wouldneed to be sensitively handled.

Ecologist The Council's Ecologist has issued the followingconsultation response:

The site lies in the Greensand Ridge NatureImprovement Area and in accordance with the NPPF anet gain for biodiversity would be expected.The site is grade 1 arable land with some boundaryhedgerows. The layout plan shows some of thehedgerow to be lost with replacement indigenous plantingforming rear boundaries to dwellings in the west. Equallyadditional tree planting is predominantly within privategardens. For an enhancement measure to be countedas a true net gain it should be incorporated into the publicrealm as the retention of such features within a privatecurtilage cannot be guaranteed. Whilst the dph isrelatively low there still appears to be limited open spaceother that the allotment land to the north. More needs tobe done to demonstrate how a net gain can be deliveredthrough opportunities around wildlife friendly planting,particularly as the site lies within a B-Line, an areaidentified for enhancement for pollinator's so plantingshould be pollen and nectar rich.

To ensure gains can be delivered a condition would berequired for the provision of an Ecological EnhancementStrategy

A condition is recommended

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Pollution Team The Council's Pollution Team have issued the followingconsultation response:

This is a green field site on the outskirts of UpperCaldecote. The site adjoins Vinegar Hill which does carrysome through traffic towards sandy, although speeds arerestricted to 30 & 40mph along the adjoining stretch ofroad. As such, noise from road traffic is not consideredlikely to be a significant issue in terms of thedevelopment.

As the proposed development is for less than 50 housesand located over 3km away from our nearest AQMA, anAir Quality Impact Assessment will not be required inaccordance with our Air Quality Planning guidancedocument.

We are not aware of any historic contaminative past usesassociated with this greenfield site, the nearest sites withany potential contaminative history being identifiedaround 750 to 975m away.

Leisure Have requested off site plan and leisure contributions.

Affordable Housing The Council's Housing Officer has issued the followingconsultation response:

Strategic Housing support this application as it providesfor 13 affordable homes which provides for 37%affordable housing, complying with current affordablehousing policy requirements. The supportingdocumentation does not indicate the tenure split of theaffordable units. The Strategic Housing MarketAssessment (SHMA 2017) has identified a tenurerequirement from qualifying affordable housing sites asbeing 72% affordable rent and 28% intermediate tenure.This makes a requirement of 9 units of affordable rentand 4 units of intermediate tenure (shared ownership)from the development.

Rights of Way A rights of way footpath runs close to the western side ofthe development. With a development of this size therewould be an expectation that there is good connectivityfrom the development to the rights of way network.

Consequently, Rights of Way would be looking to createa permissive connecting route from the proposeddevelopment footway, that links from the developmentonto Ickwell Road, to Footpath 13. This would either besituated along the field boundary or potentially, spacepermitting, between the road and hedge.

The construction would be a recycled road planning'ssurface with a dusted top. There would be anexpectation that S106 would be used to cover the cost ofinstallation. The distance of the route is approximately235 m.

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The new route would provide a valuable safe link to theright of way for the new development and surroundingproperties and would mean pedestrians would no longerhave to walk along what is becoming a very busy road.

Environment Agency No comment received

SuDs ManagementTeam

We consider that outline planning permission could begranted to the proposed development and the finaldesign and maintenance arrangements for the surfacewater system agreed at the detailed design stage,condition recommended.

Internal Drainage Board Commented that the development is outside the Boardsdistrict, but drainage details had to accord with the LeadFlood Authority for surface water drainage.

Anglian Water No objection, comments received regarding postdetermination liaison with Anglian Water.

Waste Services No objections, internal roads should comply withdimensions appropriate for a refuse vehicle.

Sustainable Growth andClimate Change

The proposed development must comply with adoptedcore strategy policy CS13: Climate Change anddevelopment management policies DM1: RenewableEnergy and DM2: Sustainable Construction of NewBuildings.

Requirements of policy DM1 is acknowledged in thePlanning Statement and it is proposed that PV panels willbe installed. The Statement doesn't provide informationon measures proposed to comply with policies CS13 andDM2. These policies require development to includemeasures to ensure resilience to climate change impactssuch as overheating and achieve the higher waterefficiency standard of 110 litres per person per day. Toensure policy compliance, it is requested that thefollowing condition is attached should planningpermission be granted:

The development must be constructed:

to source at least 10% of its energy fromrenewable or low carbon sources or achieve atleast 10% improvement on Target Emission Rate;and all dwellings mu

to achieve the higher water efficiency standard of110 litres per person per day;

to be resilient to climate change impacts such asoverheating.

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Part L compliance sheets and Part G water calculatoroutput sheets must be submitted to demonstratecompliance and discharge the above condition.

Education Have requested contributions to mitigate the impact ofthe development.

NHS Have requested contributions to mitigate the impact ofthe development.

Other Representations:

Neighbours 14 Letters of objection received:

Vinegar Hill Road and Ickwell Road – busy anddangerousNeed for additional traffic calmingNeed for a safe access crossing over A1 to allowpedestrian access to BiggleswadeOverlooking of existing propertiesLoss of outlook, light and privacyConcern over cars parking on Ickwell RoadA restriction on 2 storey only should be imposedNot in-keeping with the scale of the villageLack of play space for childrenOutside of settlement envelopeImpact upon sewerage/drainageImpact upon rural character and views toMoggerhangerParish plan states no development should be morethan 10 dwellingsImpact upon existing hedges and ecologyAllotments should be at the front of the site35 dwellings over 1.442 ha is 24.3 dph, too densefor village, (Pound Close is 17.6 dph)Housing mix doesn't include bungalowsConcerns regarding traffic crossing pointsAllotments only benefit 10 residents, land shouldbe used for POS to benefit wider community egdog walking area etc.People will use cemetery and cross the road ratherthan parking in allotment parkingHouses should be located on brownfield land,houses should be in Sandy or Biggleswade notvillagesLocal need for starter homes not consideredSchools/services at capacity

2 Letters of support received:

Logical extension to villageNot isolatedIncludes mix of housing typesAsset to Bio Diversity

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35 houses proposed would meet 85% of villageidentified need until 2031.Welcome inclusion of allotmentsNorthill Parish Allotment Associated are happy toundertake future management of allotments onbehalf of the Parish. Preference for allotments tobe at the front of the development.

Considerations

1. Principle of Development

1.1

1.2

1.3

The application seeks outlined planning permission with all matters reservedaccept access for the construction of up to 35 dwellings, 10 allotment plotsand associated development.

The site is located beyond the settlement envelope of Upper Caldecote asdefined by the Proposal Maps. Policy CS1 defines Upper Caldecote as aLarge Village for the purposes of the Development Plan. Policy DM4 seeks tosafeguard to the Open Countryside from inappropriate development. It isconsidered that the proposed development would be contrary to Policy DM4 ofthe Development Plan. The site is identified within policy HA1 of the emergingLocal Plan, for a small and medium scale allocation. This development isbroadly in accordance with site HAS42 (Land at Vinegar Hill). The emergingLocal Plan is currently only awarded limited weight – the development shouldtherefore be considered in the context of the presumption in favour ofsustainable development and the planning balancing exercise of weighingpositive aspects of the development against negative impacts.

The proposed development is to be considered against the three strands ofsustainability, social, environmental and economic, to determine whether anyadverse impacts of granting outline planning permission for residentialdevelopment on this site would outweigh the benefits of the proposal. Onbalance it is considered that the principle of residential development would beconsidered sustainable development in accordance with the National PlanningPolicy Framework and the emerging Central Bedfordshire Local Plan.

2. Impact upon the character and appearance of the area including theintrinsic character and beauty of the countryside and the visual impactupon the landscape including Trees and areas of tranquillity

2.1

2.2

The site lies at the northern edge of Upper Caldecote, currently the site isreasonably flat, open agricultural land. The site itself forms an arable field withno high quality features upon the site except at the boundaries in the form oftrees and boundary hedgerows and as such the Trees and LandscapingOfficer, has raised no objection to development in that respect.

The Council's Landscaping Officer has raised concerns about the number ofunits proposed, which is 35, previously the local plan process estimated 33dwellings as an approximate appropriate level. The Landscape Officersuggested a reduction in the number from 35 to 33, which would allow forgreater landscape enhancement and quality. This was fully deliberated anddiscussed with the applicant, however on balance it is considered that thedifference in dwelling numbers is so small, it is unlikely to result in asignificantly different development, as it would be much more important toconsidered the scale and type of proposed properties rather than as an

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2.3

2.4

2.5

2.6

2.7

arbitrary number of dwellings. The need may be for smaller units, inaccordance with the Councils up to date SHMA, in which case 35 units couldbe accommodated within the site. It is considered that in general terms theencroachment of built development into the open countryside is a negativeimpact of the proposal. However due it its relationship with the existing builddevelopment of the opposite sides of the roads the application site appears asa logical extension to the settlement and is not considered to form an isolatedsite.

The Landscaping Officer has acknowledged that with suitable landscaping thisdevelopment could provide an enhanced entrance to the village and thedevelopment represents an opportunity to improve this gateway. It issuggested that through the Reserved Matters applications there could be useof landmark trees, similar to those found elsewhere in Upper Caldecote to addto the legibility of the development.

It is considered that the scale of development and appropriate soft landscapingare key to the assessment of this application in respect of impact upon thecharacter and appearance of the area, including the intrinsic character andbeauty of the countryside. When considering the character of builtdevelopment within Upper Caldecote and the edge of settlement location ofthe site, it is considered that development should not appear prominent andshould be sensitively designed to form a visual transition of development intothe open countryside. The proposed development would result in a density perhectare of approximately 24 (excluding the area for allotments) which does notconstitute high density and is representative of the density levels within UpperCaldecote.

When considering the character and scale of development within UpperCaldecote and the edge of countryside location of the site, it is considerednecessary, relevant and reasonable to impose a condition that would ensureno building within the site would be of a greater scale than two storeys inheight. The scale of each individual building forms a reserved matter and assuch would be subject to consideration at that stage.

In addition to the dwellings, 10 allotment plots are proposed, this is consideredan appropriate use of open space, that would add to the village character ofthe proposed development, and is a significant benefit to the proposedscheme.

For the reasons outlined above, subject to conditions it is considered that theproposed development would not cause significant and demonstrable harm tothe character and appearance of the area, including the intrinsic character andbeauty of the countryside, in accordance with Policy CS14, CS16, DM3 andDM14 of the Core Strategy and Development Management Policies (2009)and the National Planning Policy Framework.

3. Impact upon the amenity and living conditions of occupiers ofneighbouring dwellings and the future occupiers of dwellings within thedevelopment

3.1 The layout, landscaping, scale and appearance of buildings are reservedmatters and as such the detailed impacts of development upon neighbouringdwellings, in relation to loss of light, outlook, privacy or overbearing impactscannot be assessed in detail at this stage. However it is considered that it hasbeen demonstrated that the site is of a scale that a development up to 35

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3.2

dwellings could be designed without causing significant harm to the amenityand living conditions of neighbouring dwellings and providing acceptableamenity and living conditions of future occupiers, in accordance with theCentral Bedfordshire Design Guide (2014). The detail of the development willbe assessed at reserved matters stage. There would be no existing dwellingthat would directly adjoin the site, the closes relationships would be that ofexisting properties on the opposite sides of Vinegar Hill and Ickwell Road,which would see the proposed properties from the front elevations of theproperties/street scene.

For the reasons outlined above it is considered that the proposed developmentcould be acceptable in the context of Policy DM3 of the Core Strategy andDevelopment Management Policies (2009) and the National Planning PolicyFramework.

4. Housing Mix and Affordable Housing

4.1 Under Policy CS7 of the Core Strategy, 35% of all developments for fourdwellings and above should be provided as Affordable Housing units. Theproposal for up to 35 units or more would qualify for Affordable Housingprovision and 35%. The applicant has proposed a 37% affordable provisionacross the development and shall form heads of terms for the legal agreementthat would be required if Members resolve to grant consent. The proposed mixwould be 73% Affordable Rent 9 dwellings & 28% Shared Ownership, 4dwellings. As such the proposal would comply with the requirements of PolicyCS7.

5. Highway Safety and Car Parking

5.1

5.2

5.3

5.4

Concern is raised in relation to existing traffic through Upper Caldecote andthe traffic implications of development upon the site. However the CouncilsHighways Development Control Officer has raised no objection to residentialdevelopment on this site. The application is supported by a robust TransportAssessment that confirms that the access on to Vinegar Hill and surroundinghighway network has sufficient capacity to accommodate the trafficmovements from the new development.

The application indicates the provision of three pedestrian crossing points (2on Vinegar Hill and 1 on Ickwell Road) and new pavement sections around thecorner of Vinegar Hill and Ickwell Road, it is considered that this would besatisfactory in terms of enhancement and integration with the village.

When considering the low density of development is considered that adevelopment of up to 35 dwellings within the site could comply with theCouncils Parking Standards and this matter would be fully addressed througha reserved matters submission.

As such it is considered, subject to conditions and an appropriate S106agreement, that the proposal would not be prejudicial to highway safety andwould conform with policy DM3 of the Core Strategy for the North of CentralBedfordshire, the Central Bedfordshire Design Guide and section 4 of theNPPF in this respect.

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6. Other Planning Obligations

6.1

6.2

6.3

6.4

6.5

6.6

6.7

Significant weight should be given to the National Planning Policy Framework,which calls for the achievement of the three dimensions of sustainabledevelopment: economic, social and environmental. It is considered that PolicyCS2 of the Core Strategy for the North is in accordance with the NationalPlanning Policy Framework. This states that developers are required to makeappropriate contributions as necessary to offset the cost of providing newphysical, social, community and environmental proposals .

In this case, Spending Officers were consulted and comments returned fromEducation, Leisure, Rights of Way, and the NHS. The following contributionshave been sought to form heads of terms for the legal agreement. It isconsidered that the proposal would conform with policy CS2 of the CoreStrategy for the North.

Education:

Lower/EYs £120,981.00

Middle £121,736.16

Upper £149,280.77

Total £391,997.93

Leisure:

Leisure Caldecote Playing Field enhancement - £44,000Leisure Out door sport, update changing facilities at Caldecote playing fields -£12,462

NHS services:

£815 per dwelling totalling £28,521.67 - Plans to develop a multi disciplinaryintegrated health and care hub in Biggleswade, with the requirement to offer awider range of patient services from GP Practices, including mental health andcommunity services and some outreach specialist services from localhospitals, delivering care locally and reducing referrals into secondary care.Work is currently underway to determine the preferred configuration of healthand care services and the enabling premises infrastructure to support it.

Rights of Way:

A financial contribution was requested to establish an enhanced connection tothe existing Rights of Way network. Rights of Way contribution to create link route235metres to link to FP13 –£8,814.

Note on Section 106:

At the time of writing agreement on the exact Section 106 is still on going, withthe applicant reviewing the CIL compliant nature of the Rights of Waycontribution and out-door sport contribution. Members will be updated on thisposition on the late sheet.

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7. Biodiversity

7.1

7.2

7.3

7.4

The Council's Ecologist has raised no concern in relation to the impact toprotected species which are not expected from this development. Furthermorethe Council's Ecologist has raised no objection to the removal of the existinghedgerow on site subject to mitigation through additional new planting.

The Ecologist has expressed that any future landscaping scheme shouldinclude locally native species which are nectar and berry rich to bringing themaximum benefit for biodiversity and has requested a condition to ensuregains can be delivered a condition would be required for the provision of anEcological Enhancement Strategy, in accordance with the NPPF.

The detail of a landscaping scheme is a reserved matter and as such the detailof species of plants has been reserved for a later application. However it hasbeen identified that the site is on the B-line, and therefore pollen rich plantingwould be required at detailed design stage.

Subject to conditions it is considered that the proposed development isacceptable in this context.

8. Flood Risk and SUD's

8.1

8.2

The site is located within Flood Zone Area 1 whereby the probability of floodingis identified as being low. As such, no representation has been received fromthe Environment Agency.

From 6th April 2015 local planning policies and decisions on planningapplications relating to major development, must ensure that sustainabledrainage systems (SuDS) for the management of surface water runoff are putin place, unless demonstrated to be inappropriate. A flood risk assessmentand an indicative surface water drainage strategy was supplied forconsideration as part of the application and the Councils SuDs Officer issatisfied that an appropriate Sustainable Drainage System could beimplemented on site so as limit any flooding potential and as such has notwish to raise any objection to this proposal subject to the imposition ofconditions to control detailed design and provision at the reserved mattersstage and details of maintenance via condition. In addition, neither the InternalDrainage Board or Anglian Water have wished to raise an objection to thisapplication, subject to conditions of control of the provision as suggested byour SuDs officer. As such it is considered that the proposal accords with theCouncils adopted SuDs guidance and the section 14 of the NPPF (2019).

9. Green Infrastructure

9.1

9.2

The layout of the development is a reserved matter, however this developmentproposed Green Space in the form of allotments. There is a mixed opinionfrom residents as to whether this is an appropriate form of open space,however it is considered that there is an established requirement and desirefor allotment space and in order to provide the village with a mix of services inthis location, allotments are considered appropriate.

It is considered that it has been demonstrated that the development couldprovide accessible land for informal recreation (allotments) within the site, inaccordance with Policy DM16 of the Core Strategy and DevelopmentManagement Policies (2009). The layout of the development is a reservedmatter.

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10. Energy efficiency

10.1

10.2

Policy DM1 requires that developments achieve 10% or more of their ownenergy requirements through on-site or near site renewable or low carbontechnologies unless it can be demonstrated that to do so would beimpracticable or unviable. Policy DM2 requires that all proposals for newdevelopment should contribute towards sustainable building principles.

A condition would require details of energy efficiency measures.

11. Fire Hydrants

11.1 The Bedfordshire Fire Service has identified that new residential developmentsshould allow for the provision of fire hydrants and appropriate access. This is amatter than could be designed into the layout at the detailed application stageand can be controlled by condition.

12. Foul Drainage

12.1 Anglian Water in relation to this development and the capacity of foul waterdrainage infrastructure has raised no objection to the proposed development.Subject to a condition that would ensure that an appropriate foul waterdrainage strategy is submitted to and approved in writing by the Local PlanningAuthority, it is considered that the development would be acceptable within thiscontext.

13. Noise and disturbance

13.1 The Council's Pollution Team has raised no concerns in relation to noise anddisturbance to future residence of the proposed development. It is consideredthat the development would provide acceptable living conditions for futureoccupiers in the context of Policy DM3 of the Core Strategy and DevelopmentManagement Policies (2009).

14. Equality and Human Rights

14.1 Based on information submitted there are no known issues raised in thecontext of Human Rights/ The Equalities Act 2010 and as such there would beno relevant implications.

15. Loss of agricultural land

15.1 The development site would result in the loss of Grade 1 good qualityagricultural land. It is considered that the loss of this high quality land is anegative impact of the development that weighs against the scheme, it isconsidered that this land has been identified within the Councils emergingLocal Plan, as an appropriate site for residential development, therefore onbalance it is considered an acceptable loss of agricultural land.

16. The Northill Neighbourhood Plan

16.1 There will be a referendum on the Northill Neighbourhood Plan on the 3rdOctober 2019. Upper Caldecote and the site are covered by thisNeighbourhood Plan.

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16.2

16.3

Northill Parish Council have raised concerns that this development does notaccord with the proposed plan, specifically policies NP1 and NP5, Policy NP1relates to only allowing development of under 10 dwellings, and Policy NP5relates to no back land development. It is considered that this would not formback land development, as it would front Ickwell Road and Vinegar Hill, andcreate an appropriate internal road network, with traditional relationships witheach other. In relation to NP1, This site 1.74ha is identified as a supportedsite, totalling 33 dwellings. It is considered that a development of "up to 35dwellings" on this site would be more likely to result in the desired housing mixas identified in paragraph 4.4, which shows greatest need for smaller units. Inaddition to this the requirement for Affordable Housing for 33 units, would be12 units, one less than this development would deliver.

It is considered that the proposed development is broadly in accordance withthe identified aims of the Neighbourhood Plan, the slightly higher number ofproperties should ensure that smaller units are delivered, and the full provisionof Affordable Housing in accordance with the policy as set out. As it has beenthe subject of formal examination, the Neighbourhood Plan has been affordedsignificant weight in the determination of this application.

17. The Planning Balance and Conclusions

17.1

17.2

17.3

Planning law requires that planning applications must be determined inaccordance with the Development Plan, unless material considerationsindicate otherwise.

There is a presumption in favour of sustainable development set out in theNPPF. Significant weight must be given to the delivery of up to 35 homes atthe site. Weight is also given in favour of development in relation to theprovision of jobs during construction, the provision of 10 new allotments andthe benefit of softening the existing edge of Upper Caldecote.

Subject to Conditions and planning obligations outlined it is considered thatthere are no significantly harmful impacts associated with the developmentthat individually or collectively that would significantly and demonstrablyoutweigh the benefits of the development.

Recommendation:

That Outline Planning Permission be GRANTED subject to a S106 agreement andthe following Conditions:

1 Application for approval of the reserved matters shall be made to the localplanning authority not later than three years from the date of this permission.

Reason: To comply with Section 92 of the Town and Country Planning Act1990 as amended by Section 51 of the Planning and Compulsory PurchaseAct 2004.

2 Details of the layout, scale, appearance and landscaping, includingboundary treatments (hereinafter called "the reserved matters") shall besubmitted to and approved in writing by the local planning authority beforeany development begins and the development shall be carried out asapproved.

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Reason: To comply with Part 3 Article 6 of the Town and Country Planning(General Development Procedure) Order 2015.

3 The development hereby permitted shall begin not later than two years fromthe date of approval of the last of the reserved matters to be approved.

Reason: To comply with Section 92 of the Town and Country Planning Act1990 as amended by Section 51 of the Planning and Compulsory PurchaseAct 2004.

4 Any subsequent reserved matters application shall include the provision of10 allotment plots, and associated parking/Infrastructure, the allotmentsshall be fully delivered prior to the final occupation of the site.

Reason: In view of the need for allotments in the local area, in accordancewith the NPPF (Paragraph 91).

5 Any subsequent reserved matters application shall not include any dwellingsthat are more than 2 storeys in height.

Reason: In order to provide an appropriate form of development in theinterests of visual and residential amenity in accordance with policies CS14and DM4 of Central Bedfordshire Core Strategy for the North and Section 12of the NPPF.

6 Any subsequent reserved matters application shall include strategiclandscaping buffers beyond the curtilages of dwellinghouses along thenorthern and western edge of the site.

Reason: To safeguard the character and appearance of the area includingthe intrinsic character and beauty of the countryside on this prominentgateway and edge of settlement site, in accordance with Policy DM3 of theCentral Bedfordshire Core Strategy and Development Management Policies(2009), thereby ensuring the harm caused by the development does notsignificantly and demonstrably outweigh the benefits of development inaccordance with the NPPF.

7 No development shall take place until a implementation timetable forall hard and soft landscaping, in full accordance with the Landscapingdetails approved under Condition 2 and a ten year LandscapeMaintenance and Management Plan from the date of its implementationhave been submitted to and approved in writing by the Local PlanningAuthority. The scheme shall include details of the management body,who will be responsible for delivering the approved landscapemaintenance and management plan. All landscaping shall beimplemented in accordance with the approved implementationtimetable and shall be maintained and managed in accordance with theapproved maintenance and management plan following itsimplementation.

Reason: Details are required prior to the commencement ofdevelopment to ensure that the appearance of the site would beacceptable in accordance with Policy DM3 of the Core Strategy andDevelopment Management Policies 2009 and the harm of thedevelopment would not outweigh the benefits in accordance with theNPPF.

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8 No building shall be occupied until the junction of the proposed vehicularaccess with the highway has been constructed in accordance with theapproved details.

Reason: In order to minimise danger, obstruction and inconvenience tousers of the highway and the premises.

9 No dwelling shall be occupied until visibility splays have been provided at thejunction of the estate road with the public highway. The minimumdimensions to provide the required splay lines shall be 2.4m measuredalong the centre line of the proposed estate road from its junction with thechannel of the public highway and 43m to the north with 59m to the southmeasured from the centre line of the proposed estate road along the line ofthe channel of the public highway. The vision splays required shall beprovided and defined on the site by or on behalf of the developers and bekept free of any obstruction.

Reason: To provide adequate visibility between the existing highway and theproposed access(es) and to make the access(es) safe and convenient forthe traffic which is likely to use it (them).

10 No part of the development dwelling shall be occupied until a scheme ofspeed reduction measures along Vinegar Hill have been provided inaccordance with details of a scheme to be submitted to and approved by theLocal Planning Authority.

Reason: In order to minimise danger, obstruction and inconvenience tousers of the highway and the premises.

11 No dwelling shall be occupied until a 2m wide footway an adoptableconnection at the north-eastern end of the development between VinegarHill and the internal estate road has been constructed in accordance withdetails of the approved drawing/or scheme to be submitted to and approvedby the Local Planning Authority. Any Statutory Undertakers equipment orstreet furniture shall be re-sited to provide an unobstructed footway.

Reason: In the interests of road safety and pedestrian movement.

12 The development shall be served by means of roads and footpaths whichshall be laid out and drained in accordance with the Central BedfordshireDesign Guide September 2014 or other such documents that replace them,and no building shall be occupied until the roads and footpaths whichprovide access to it from the existing highway have been laid out andconstructed in accordance with the above-mentioned Guidance.

Reason: In order to minimise danger, obstruction and inconvenience tousers of the highway and of the proposed estate road.

13 No development shall take place until a foul water strategy has beensubmitted to and approved in writing by the Local Planning Authority.Unless otherwise agreed in writing the works shall be carried out inaccordance with the approved details prior to the occupation of anydwelling subsequently approved.

Reason: Details are required prior to the commencement ofdevelopment to prevent the increased risk of flooding, to improve andprotect water quality, and improve habitat and amenity in accordance

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with policy DM2 of the Core Strategy and Development ManagementPolicies 2009.

14 No development shall commence until the detailed surface waterdrainage scheme, to manage surface water runoff from thedevelopment for up to and including the 1 in 100 year event (+40%CC)is confirmed by BRE soakage testing. A maintenance and managementplan for the scheme has been submitted to and approved in writing bythe Local Planning Authority. The discharge rate from the developmentwill be limited to the equivalent 1 in 1 year rate, or an appropriate rateas agreed by the Bedford Group of Internal Drainage Boards. The finaldetailed design shall be based on the agreed drainage Strategy (Ref:E3752-FRA-0219-Rev 0, Feb 2019) and DEFRAs Non-statutory technicalstandards for sustainable drainage systems (March 2018) and shall beimplemented and maintained as approved. Maintenance will ensure thesystem functions as designed for the lifetime of the development. Anyvariation to the connections and controls indicated on the approveddrawing which may be necessary at the time of construction wouldrequire the resubmission of those details to the Local PlanningAuthority for approval.

Reason: To ensure the approved system will function to a satisfactoryminimum standard of operation and maintenance and prevent theincreased risk of flooding both on and off site, in accordance with para163 and 165 of the NPPF and its supporting technical guidance.

15 The detailed layout plans to be submitted for approval of reserved matters inconnection with this development shall illustrate an independent vehicularturning head areas for an 11.5m refuse collection vehicle. Car and cycleparking shall also be provided in accordance with the relevant parkingstandards at the time of the submitted reserved matters.

Reason: To enable vehicles to draw off, park and turn outside the highwaylimits thereby avoiding the reversing of vehicles on to the highway andparking to meet the needs of occupiers of the proposed development in theinterests of encouraging the use of sustainable modes of transport.

16 The detailed layout plans to be submitted for approval of reserved matters inconnection with this development shall include car and cycle parking inaccordance with Central Bedfordshire Design Guide September 2014 orother such documents that replace them has been submitted and approvedin writing by the Local Planning Authority. The approved scheme shall beimplemented and made available for use before the development isoccupied and the car and cycle parking areas shall not thereafter be usedfor any other purpose.

Reason: To ensure a satisfactory standard of development in accordancewith the Central Bedfordshire Design Guide September 2014.

17 No building/dwelling shall be occupied until the developer has formallysubmitted in writing to the Local Planning Authority a finalised ‘Maintenanceand Management Plan’ for the entire surface water drainage system,

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inclusive of any adoption arrangements and/or private ownership orresponsibilities, and that the approved surface water drainage scheme hasbeen correctly and fully installed as per the final approved details.

Reason: To ensure that the implementation and long term operation of asustainable drainage system (SuDS) is in line with what has been approved,in accordance with Written Statement HCWS161, 18th December 2014.

18 No development shall take place (including ground works or siteclearance) until a method statement for the creation of new wildlifefeatures such as hibernacula and the erection of bird/bat boxes inbuildings/structures and tree, hedgerow, shrub and wildflowerplanting/establishment has been submitted to and approved in writingby the local planning authority. The content of the method statementshall include the:a) purpose and objectives for the proposed works;b) detailed design(s) and/or working method(s) necessary to achievestated objectives (including, where relevant, type and source ofmaterials to be used);c) extent and location of proposed works shown on appropriate scalemaps and plans;d) timetable for implementation, demonstrating that works are alignedwith the proposed phasing of construction;e) persons responsible for implementing the works;

The works shall be carried out strictly in accordance with the approveddetails and shall be retained in that manner thereafter.

Reason: Details are required prior to the commencement ofdevelopment to ensure the development is ecologically sensitive andsecures biodiversity enhancements in accordance with the NationalPlanning Policy Framework.

19 The details required by Condition 2 of this permission shall include ascheme of measures to mitigate the impacts of climate change and deliversustainable and resource efficient development including opportunities tomeet higher water efficiency standards and building design, layout andorientation, natural features and landscaping to maximise natural ventilation,cooling and solar gain. The scheme shall then be carried out in full inaccordance with the approved scheme.

Reason: To ensure the development is resilient and adaptable to theimpacts arising from climate change in accordance with the NPPF.

20 No development shall take place until a scheme has been submitted toand approved in writing by the Local Planning Authority for theprovision of fire hydrants at the development. Prior to the firstoccupation of the dwellings the fire hydrants serving that developmentshall be installed as approved. Thereafter the fire hydrants shall beretained as approved in perpetuity.

Reason: Details are required prior to the commencement ofdevelopment in order to ensure appropriate access to fire hydrants foruse in the event of emergency in accordance with policy DM3 ofCentral Bedfordshire Core Strategy for the North and Section 12 of theNPPF.

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21 No development shall take place until an ConstructionManagement/Method Plan and Statement with respect to theconstruction phase of the development have been submitted to andapproved in writing by the Local Planning Authority. Developmentworks shall be undertaken in accordance with the approvedConstruction Management/Method Statement/Plan. The details shallinclude, amongst other things, access arrangements for constructionvehicles; compounds, including storage of plant and materials; detailsof wheel washing facilities; loading and unloading areas; method ofmaterials extraction and re-use.

Reason: Details are required prior to the commencement ofdevelopment in the interest of safeguarding the local residentialamenity and highway safety, in accordance with Policy DM3 of the CoreStrategy and Section 9, 11 and 12 of the NPPF.

22 No development shall take place until details have been submitted toand approved in writing by the Local Planning Authority showing howrenewable and low energy sources would generate 10% of the energyneeds of the development and also showing water efficiency measuresachieving 110 litres per person per day. The works shall then becarried out in accordance with the approved details.

Reason: Details are required prior to the commencement ofdevelopment, in the interests of sustainability, in accordance withPolicy DM2 of the Core Strategy and Development ManagementPolicies and Section 14 of the NPPF.

23 The details required by Condition 2 of this permission shall include adetailed waste audit scheme for the residential units in that area. The wasteaudit scheme shall include details of refuse storage and recycling facilities.The scheme shall be carried out in accordance with the approved details.

Reason: To ensure that development is adequately provided with waste andrecycling facilities in accordance with Policy DM3 of the Core Strategy forthe North & Section 12 of the NPPF.

24 No development shall take place until a written scheme ofarchaeological investigation for an open area excavation followed bypost excavation analysis and publication, has been submitted to andapproved in writing by the Local Planning Authority. The saiddevelopment shall only be implemented in full accordance with theapproved archaeological scheme.

Reason: This condition is pre-commencement as a failure to secureappropriate archaeological investigation in advance of developmentwould be contrary to paragraph 199 of the National Planning PolicyFramework (NPPF) that requires developers to record and advance ofunderstanding of the significance of any heritage assets to be lost(wholly or in part) as a consequence of the development.

25 The development shall be for no more than 35 dwelling houses.

Reason: To define the extent of the permission.

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26 Prior to the construction of vehicular parking areas associated with theapproved apartments, a scheme for the charging of electric vehicles shall besubmitted to and approved in writing by the Local Planning Authority.Subsequently, the development shall be completed in accordance with theseapproved details.

Reason: To assist with the transition to low-emission vehicles in line withparagraph 110 of the National Planning Policy Framework (2019)

27 The development hereby permitted shall not be carried out except incomplete accordance with the details shown on the submitted plans,numbers E37 52 700 (insofar as it proposes the development accessarrangements only) , 01A.

Reason: To identify the approved plan/s and to avoid doubt.

INFORMATIVE NOTES TO APPLICANT

1. This permission relates only to that required under the Town & CountryPlanning Acts and does not include any consent or approval under anyother enactment or under the Building Regulations. Any other consent orapproval which is necessary must be obtained from the appropriateauthority.

2. The applicants attention is drawn to their responsibility under The EqualityAct 2010 and with particular regard to access arrangements for thedisabled.

The Equality Act 2010 requires that service providers must think ahead andmake reasonable adjustments to address barriers that impede disabledpeople.

These requirements are as follows:

Where a provision, criterion or practice puts disabled people at asubstantial disadvantage to take reasonable steps to avoid thatdisadvantage;Where a physical feature puts disabled people at a substantialdisadvantage to avoid that disadvantage or adopt a reasonablealternative method of providing the service or exercising the function;Where not providing an auxiliary aid puts disabled people at asubstantial disadvantage to provide that auxiliary aid.

In doing this, it is a good idea to consider the range of disabilities that youractual or potential service users might have. You should not wait until adisabled person experiences difficulties using a service, as this may make ittoo late to make the necessary adjustment.

For further information on disability access contact:

The Centre for Accessible Environments (www.cae.org.uk)Central Bedfordshire Access Group (www.centralbedsaccessgroup.co.uk)

3. The applicant is advised that in order to comply with Condition 1, 2 and 3 ofthis permission it will be necessary for the developer of the site to enter intoan agreement with Central Bedfordshire Council as Highway Authority under

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Section 278 of the Highways Act 1980 to ensure the satisfactory completionof the access and associated road improvements. You are advised tocontact the Highways Agreements Officer, Community Services, CentralBedfordshire Council, Priory House, Monks Walk, Chicksands, SheffordSG17 5TQ. E-mail [email protected]

The applicant is advised that all cycle parking to be provided within the siteshall be designed in accordance with the Central Bedfordshire Council’s“Cycle Parking Annexes – July 2010”.

4. The applicant and the developer are advised that this permission is subjectto a legal obligation under Section 106 of the Town and Country PlanningAct 1990.

5. The detailed design should comply with the Councils up to date SHMA, toensure an appropriate dwelling mix

Statement required by the Town and Country Planning (Development ManagementProcedure) (England) Order 2015 - Part 6, Article 35

The Council acted pro-actively through positive engagement with the applicant at thepre-application stage and during the determination process which led to improvements tothe scheme. The Council has therefore acted pro-actively to secure a sustainable form ofdevelopment in line with the requirements of the Framework (paragraph 38) and inaccordance with the Town and Country Planning (Development Management Procedure)(England) Order 2015.

DECISION

......................................................................................................................................

......................................................................................................................................

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10. Planning Application No:CB/19/02058/FULL (Arlesey)

Address: Henlow Church of EnglandAcademy, Church Road, Henlow, SG166AN.

Demolition of twin classroom unit,construction of a two-storey classroomblock extension, conversion of old gym &additional car park provision

Applicant: Henlow Church of EnglandAcademy

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© Crown Copyright. All rights reserved.Central Bedfordshire CouncilLicence No. 100049029 (2009)Date: 19:September:2019

Scale: 1:2500

Map Sheet No

CASE NO.N

S

W EApplication No.

CB/19/02058/FULL

Henlow Church of England Academy, Church Road, Henlow, SG16 6AN

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APPLICATION NUMBER CB/19/02058/FULLLOCATION Henlow Church of England Academy, Church

Road, Henlow, SG16 6ANPROPOSAL Demolition of twin classroom unit, construction of

a two-storey classroom block extension,conversion of old gym & additional car parkprovision

PARISH HenlowWARD ArleseyWARD COUNCILLORS Cllrs Dalgarno, Shelvey & WenhamCASE OFFICER Thomas MeadDATE REGISTERED 24 June 2019EXPIRY DATE 19 August 2019APPLICANT Henlow Church of England AcademyAGENT PCMS Design Ltd.REASON FORCOMMITTEE TODETERMINE

Call in by Cllr Dalgano on the following grounds:Overdevelopment of the siteImpact of increased student numbers on theirtravel to schoolConcern on residents because of schoolexpansion

ParkingRECOMMENDEDDECISION Full Application - Recommended for Approval

Reason for Recommendation:

The proposed development would be sited within the settlement envelope ofHenlow, and would seek to expand the existing school to accommodate an increasein pupil numbers. The design of the building is appropriate and commensurate withthe design and scale of the existing building, and therefore would be acceptable.The development would also result in less than substantial harm to the setting ofthe Grade II* Listed Building, whereby the public benefits of the expansion of anexisting school would outweigh the less than substantial harm. The developmentwould not result in harm to the amenity and living conditions of surroundingneighbours, and would provide enough parking and cycle parking to not warrant anyharm in terms of car parking and highway safety. Therefore, the proposeddevelopment would comply with Policies DM3 and DM15 of the Core Strategy andDevelopment Management Policies (2009), and Sections 9, 12 and 16 of the NPPF.

Site Location:

The application site is located at Henlow Academy Church Road Henlow. Thesurrounding area is a mixture of residential and open land.

The site lies within the settlement envelope of Henlow. The playing fields to thesouth are identified in the Adopted Core Strategy as important open space and anarea within it as protected recreational space. The site is covered by a TreePreservation Order. It also lies adjacent to Henlow Grange a Grade II* listedbuilding. Footpaths directly adjoin the site to the east (FP7) and to the south (FP9).

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The Application:

The proposal seeks full planning permission for the demolition of an existing twinclassroom unit and the construction of a new two-storey classroom block as anextension to the existing school building. In addition the proposal seeks permissionfor the conversion of the disused gym to classroom space and the creation ofadditional on site car parking.

CBC Education team has identified a shortfall in school places for Years 4-8 withinHenlow and the surrounding area. Following a detailed assessment of current andfuture capacity amongst the schools in the area, the Education Team has identifiedHenlow Academy as providing the best option for expansion of school places, interms of space available and opportunities for extension. Therefore the presentapplication is designed (as a second phase following the previous approval ofpermission in 2017) to address this shortfall.

RELEVANT POLICIES:

National Planning Policy Framework (NPPF) (February 2019)

Core Strategy and Development Management Policies - North 2009

CS3 Healthy and Sustainable CommunitiesCS4 Linking Communities – Accessibility and transportCS14 High Quality DevelopmentCS15 HeritageDM2 Sustainable construction of new buildingsDM3 High Quality DevelopmentDM4 Development Within and Beyond Settlement EnvelopesDM5a Important open spaceDM13 Heritage

Central Bedfordshire Local Plan - Emerging

The Central Bedfordshire Local Plan has reached submission stage and wassubmitted to the Secretary of State on 30 April 2018.

The National Planning Policy Framework (paragraph 48) stipulates that from theday of publication, decision-takers may also give weight to relevant policies inemerging plans unless material considerations indicate otherwise.

The apportionment of this weight is subject to:

the stage of preparation of the emerging plan;the extent to which there are unresolved objections to relevant policies;the degree of consistency of the relevant policies in the emerging plan to thepolicies in the Framework.

Reference should be made to the Central Bedfordshire Submission Local Planwhich should be given limited weight having regard to the above. The followingpolicies are relevant to the consideration of this application:

LP HQ1: High Quality DevelopmentLP CC3: Flood Risk ManagementLP CC5: Sustainable DrainageLP EE12: Public Rights of Way

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LP EE4: Trees, woodlands and hedgerowsLP EE5: Landscape Character and ValueLP SP1: Growth StrategyLP SP2: NPPF - Sustainable DevelopmentLP SP7: Development within Settlement EnvelopesLP T2: Highway Safety and Design

Supplementary Planning Guidance/Other Documents

Central Bedfordshire Design Guide (March 2014)

Relevant Planning History:

Application: Planning Number: CB/18/00327/PAPCValidated: 24/01/2018 Type: Pre-Application - Charging FeeStatus: Decided Date: 13/03/2018Summary: Decision: Pre-App Charging Fee Advice

ReleasedDescription: Pre-Application Advice : Two storey extension to the 'phase 3'

classroom block currently under construction. Internal alterations toexisting building and alterations to the MUGA including upgrades to thelighting.

Application: Planning Number: CB/17/03294/FULLValidated: 06/07/2017 Type: Full ApplicationStatus: Decided Date: 14/09/2017Summary: Decision: Full Application - GrantedDescription: Removal of existing two classroom modular unit. Construction of free

standing four-court sports hall with changing facilities and attachedtwo-storey six classroom block. Construction of additional car parking.

Consultees:

Henlow Parish Council Henlow Parish Council OBJECTS to this application onthe following grounds

1) The Transport Assessment uses out-of-date baselineinformation from July 4th 2017. Since that time the schoolnumbers have expanded substantially and the indexationapplied is suspect. A new baseline should have beenestablished based on current numbers, using more thana single day count and the assumptions about mode oftransport and numbers updated accordingly. The countshould take place over more than one day and shouldinclude the complete impact, being not just Church Rdbut cars using Coach Rd and dropping children to accessthe school walking across the Henlow Park field, alsovehicles using the Millennium Meadow Car Park viaGardeners Lane.

2) The Travel Plan assumes that Biggleswade DistrictScout association will continue to allow use of their CarPark - no documentary evidence is provided. It alsoassumes that Henlow Parish Council will continue toallow use of its private car park. The surface of this carpark is now becoming worn and HPC is consideringlimiting use of this car park only to users of the HenlowPavilion and associated recreation facilities. The schooluse of the car park must be considered to be mainly by

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vehicles from outside Henlow Parish and the cost of thisuse should not fall on Henlow Parish taxpayers.

3) Additional traffic will make life intolerable for residentsof Groveside, who are already suffering frominconsiderate and dangerous parking at school accesstimes. HPC has received complaints and a petition aboutparking congestion. The travel plan and CentralBedfordshire Council are silent as to how this can betackled.

4) The very limited CBC Highways measures proposed atthe last expansion of the school in 2017 and conditionedin the granted planning permission, to improve parkingmanagement and safety have not yet been implemented.

5) There is still not a safe cycling route completed fromClifton to Henlow School, in particular along ChurchRoad. No safe route is proposed from Langford toHenlow meaning that continued and additional schooltransport costs will still fall on CBC taxpayers.

6) The travel plan refers only to 60 additional children butthe school's own consultation document from April 2019shows that numbers will rise from 665 currently to 825 inSeptember 2020, 975 in September 2021 and 1125 inSeptember 2022. This represents percentage increasesof 24%, 47% and 69% respectively. None of theseincreases are considered in the flawed travel plan.

7) The actions identified in the June 2017 School TravelPlan submitted with the previous planning applicationappear not to have been implemented e.g. there is noinformation provided on the school web-site as requiredin the plan. Around 17 strategies and actions werepromised and evidence of implementation and/oreffectiveness is sparse. Many of these are repeated inthe new travel plan giving little confidence ofeffectiveness.

Sport England No objection.

SuDS Officer No objection subject to conditions.

Landscape Officer There is no objection to the redevelopment of theclassroom, but the external spaces need to be enhancedin an integrated design. The extension of built formintrudes into the site frontage and the carpark and willneed softening with planting.A detailed landscape scheme is required eg to secure aquality design of the proposed "informal open space". It isalso not acceptable to simply leave the surrounds of thebuilding as grassed. These areas need to be assessed tosee how they will function in terms of use by pupils , thescope to screen carparking or to add shrubbery to softenthe elevations. The use of climbers, particularly where

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the building juts into the carpark ,should be considered.Features such as a pergola could be used to unite thebuilding with the external space.

The school has significantly increased in size and builtform is becoming dominant.

To enhance the school and the setting , a landscapemitigation scheme is required before the scheme can beconsidered to be acceptable.

Trees and LandscapeOfficer

No objections to the proposal. However additionalparking proposals could potentially impact on trees.Arboricultural Impact Assessment required with regardsto construction of new surfacing within root protectionareas.

Archaeology No objection.

Historic England No comment.

Highways Officer The existing is a middle school (with 720 pupils aged 9 to13) with access taken from Church Road. Opening timesare 08:00 to 22:00hrs Monday to Sunday, pupil times08:45 to 15:45 (17:00 after school clubs), staff times07:30 to 16:00; with 60 car parking spaces, 60 full timestaff and 15 part time staff (equivalent 68 full time posts)and 32 cycle parking spaces, which is not whatpreviously approved (17/03294).

The proposal (phase 3a) is for the demolition of a 2classroom unit, construction of a 2 storey classroomblock extension, conversion of the old gym and 7additional car parking spaces. The school will, overphased development, become a secondary school withpupils from 9 to 16 years of age. The initial proposal willaccommodate 60 additional pupils in the phasedtransition of becoming a secondary school and 4additional staff.

The current guidance for parking provision for secondaryschools is 1 space per 30 pupils. The proposal is to usethe current guidance for primary schools of 1 space per20 pupils. Staff parking is calculated at 2 spaces per 3staff, with 1 visitor space per 7 staff.Therefore, the required parking provision should be;pupils: 2 spaces, staff: 4 spaces and visitors 1 space.The applicant is providing 3 additional staff spaces whichis acceptable given there will be only 4 additional staff.

The applicant has stated that the cycle parking provisionwill not be increased from the 32 spaces on site. Thecouncils cycle parking annexes require primary schoolsto have 1 short stay space per 10 pupils and 1 long stayspace per 10 staff; requiring as existing 79 cycle parkingspaces (72 short stay spaces and 7 long stay spaces). As

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existing there is a shortfall of cycle parking which shouldnot be the case given the previous approval for cycleparking numbers.

The guidance for secondary school cycle parkingprovision is 1 short stay space per 5 pupils and 1 longstay space per 10 staff. As both pupil numbers and staffnumbers will increase, the cycle parking provision shouldalso be increased by 12 short stay spaces and 1 longstay space for this proposal.Further increases in pupil and staff numbers will requirean increase in both cycle parking and vehicular parking;the applicant should be made aware of this.

The existing internal parking layout, from the internalroundabout heading south is, 11 spaces including 1disabled space, with 4 parallel spaces opposite and 20overspill parking spaces. The proposal provides anadditional 5 spaces including 1 disabled space, with 2parallel spaces opposite BUT will remove 4 overspillspaces which will now be provided (revised plan)opposite the existing overflow parking provision and infront of the 36 cycle parking stands.

The submitted transport statement shows RFC values atthe junctions to be within acceptable parameters. Itmakes comment about the school bus service beingavailable to the additional 60 pupils, however there areno figures to indicate if the existing school bus servicehas availability to take additional pupils or if it is alreadyoversubscribed, which will lead to additional vehiclemovements if parents drop off children.Further information from the councils client transportco-ordinator advises the following;J11, No spaces available and will stop running in July2022 and will be getting smaller over time due thestudents who are entitled will be leaving the school.J74/J76, Currently, a couple of spaces but this isexpected to be full with concessions come September.J88, Currently, 19 spaces but no concessions have beenprocessed for this route as yet.The co-ordinator also informed that if ‘it is deemed that ifa student is sent to Henlow Academy rather than theircatchment school for their home address this will beparental preference and they will be responsible forgetting their children to school’.Therefore, it appears the bus service is running tocapacity and there will be an increase in trafficmovements from people outside of Henlow Academycatchment area.

To make this application acceptable there should be anincrease in cycle parking and an obligation from theschool to assist in alleviating any increase in traffic andpromote sustainable travel. Previously there has beendiscussion regarding alternatives for the school to look

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into so that the transition from middle to secondaryschool is less onerous to residents and other users of thehighway and those using the school. It appears that noneof these have been put forward for phase 3a, when itwould be expected that as the pupil numbers increase soalternatives will be addressed, such as;

1. Up grade to the bus stops at the High Street withChurch Road, to be negotiated with the publictransport officer for possible cantilever shelters orother

2. Reduction of vehicle speeds to 20mph3. Pedestrian link from Raynesford Lower School at

Groveside (1 journey to drop off children ratherthan 1 extended journey to serve 2 schools)

4. Staggered start/end of pupil school day5. Drop off point at coach road with walk way through

the school field to the school. The turning headwould need to be kept clear with probable TRO’sto achieve this

6. Better access/egress and drop facilities at theBoyd Scout Centre with the possibility of a legalagreement for the schools use of the site as anexisting drop off area/parental vehicle turning area

If not one of these obligations is implemented at thisjuncture or part implemented, where the increase inpupils is beginning, then it will be difficult to justifyfuture obligations from the school as the pupilnumbers increase. The increase will be peacemeal/phased and the obligations should also be phasedto start the process of managing an increase in vehiculartraffic along a no through road.

Internal Drainage Board No comment.

Conservation Officer The proposed extension to this modern building does notappear to detrimentally impact the setting of any heritageasset nearby (including the church, Henlow Grange orthe Conservation Area.

The current proposal is acceptable and would not have adetrimental impact on the setting of the listed buildings orHenlow Conservation Area and therefore I raise NOOBJECTION on the basis that the proposal would satisfythe provisions of Sections 66 and 72 of the Planning(Listed Buildings and Conservation Areas) Act 1990 andas supported by the aims of Section 16 of the NPPF.

Other Representations:

Neighbours No Third Party Neighbour representations have beenreceived.

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Considerations

1. Principle1.1

1.2

1.3

1.4

1.5

The site falls within the Henlow Settlement Envelope where Policy DM4 of theCore Strategy states that 'within settlement envelopes, the Council will supportschemes for community, education, health, sports and recreation uses or mixedcommunity and other uses where a need for such facilities is identified throughthe Infrastructure Audit or up to date evidence'.

Part of the site is protected as an open space under policy CS3 which statesthat 'The Council will ensure that appropriate infrastructure is provided forexisting and growing communities by safeguarding existing and community,education, open space, recreation sports play and health facilities' and'supporting in principle, the upgrading of community, education, open spacerecreation, sports, play and health facilities'.

Paragraph 94 of the NPPF states that it is important that a sufficient choice ofschool places is available to meet the needs of existing and new communities.Local planning authorities should take a proactive, positive and collaborativeapproach to meeting this requirement, and to development that will widenchoice in education. They should:

a) give great weight to the need to create, expand or alter schools through thepreparation of plans and decisions on applications; and

b) work with schools promoters, delivery partners and statutory bodies to identifyand resolve key planning issues before applications are submitted.

The proposed classroom block extension and conversion of the old gym arerequired to cater for the increase in pupil numbers and also to compensate forthe removal of the modular classroom units which provide inadequateaccommodation. Therefore the development would seek to aid in the expansionof the school, to which the NPPF gives weight to, and therefore would beacceptable.

Based on the above, in principal the provision of additional classrooms throughthe extension of the school, together with associated parking is considered to beacceptable subject to an assessment of other material planning considerationsas outlined below.

2. Impact on the Character and Appearance of the Area and the setting ofthe Listed Building.

2.1

2.2

2.3

The proposal is to extend the classroom / sports hall building which hasrecently been erected and was approved planning permission in 2017 underplanning reference CB/17/03294/FULL.

The proposed extension would replace an existing single storey twin classroomunit and would relate well to the existing built form across the site, beingbetween the original main school building and the recent classroom blockaddition.

The design and scale of the proposed extension is commensurate andsympathetic to the existing buildings on the site and as such the proposalwould not result in any undue harm to the character or appearance of the area.

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2.4

2.5

2.6

2.7

2.8

2.9

2.10

The old gym has been replaced with a new facilitate within the new sports hallbuilding approved in 2017 and as such its loss would not result in any harm.The conversion of this aspect of the main school building would involve mainlyinternal alterations with some minor changes to fenestration through theinsertion of windows and doors. The nature of this aspect of the proposalwould not result in any undue harm to the character or appearance of the area.

The landscape officer has no objection to the scheme subject to a detailedlandscaping scheme being attached to any planning permission, to secure anacceptable provision of soft landscaping given the extent of the proposed hardlandscaping proposed. The extension of built form intrudes into the sitefrontage and the carpark and will need softening with planting, which can besecured by such a condition.

The detailed landscape scheme is also required to secure a quality design ofthe proposed "informal open space". The landscape officer has stated that it isnot acceptable to simply leave the surrounds of the building as grassed. Theseareas need to be assessed to see how they will function in terms of use bypupils, the scope to screen carparking or to add shrubbery to soften theelevations. Therefore the condition is reasonable and necessary.

Given the above the proposal is considered to accord with Policy DM3 of theNorth Core Strategy and Chapter 12 of the NPPF.

Heritage Assets

The Local Planning Authority has particular duties when consideringapplications that affect the setting of listed buildings. These are set out in thePlanning (listed Buildings and Conservation Areas) Act 1990. Section 66 statesthat… ‘In considering whether to grant planning permission for developmentthat affects a listed building or its setting, the local planning authority…shallhave special regard to the desirability of preserving the building or its setting…’

The Academy building is within the vicinity (200m) of Henlow Grange a GradeII* Listed building now used as a spa as well as the stableblock (grade II) and thegates to the historic buildings (grade II). Henlow Grange is a mid 18th centurysmall country house of red brick with chequerwork patterning. Historically itwould have sat in parkland including a formal avenue of trees to the southwest. There has been extensive modern development including the schoolwhich has brought the village boundary closer to the Grange and encroachedon its historic parkland.

The Conservation Officer has confirmed that the proposed development wouldnot cause significant harm to the setting of the listed buildings and only a smallperceived impact would be seen in terms of encroachment within the setting,however, this is considered limited. This less than substantial harm would beoutweighed by the public benefit of the proposal which includes the provisionof additional classroom space to serve the wider community within the limits ofan existing settlement. On balance, it is considered that the less thansubstantial harm caused does not amount to justification to refuse theapplication on harm to the setting of the adjacent listed building, and wouldtherefore comply with Policy DM15 of the Core Strategy and DevelopmentManagement Policies (2009) and Section 16 of the NPPF.

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3. Residential Amenity3.1

3.2

The site is bounded by residential properties to the west. The sports hall andclassroom extension will be well offset from that boundary. It is considered thatthere will be no adverse impact on surrounding neighbouring amenity in terms oflight, privacy or overbearing impact as a result of this application due to thedistances and relationships involved.

In terms of noise and disturbance to surrounding properties, the proposedclassroom would be in use mainly during school opening times. The building is asufficient distance from residential neighbours for the proposal to have noimpact on neighbouring amenity in this regard, and therefore would accord withPolicy DM3 of the Core Strategy and Development Management Policies(2009).

4. Highways4.1

4.2

4.3

4.4

4.5

The proposed development would result in an increase in the number ofstudents attending the school through phase 3a by 60 pupils, which wouldsubsequently result in an increase in the requirement for parking and cycleparking. The site has benefited from planning permission historically for theexpansion of the school through application reference CB/17/03294/FULL,whereby a condition was imposed requesting a Travel Plan, whereby thenumber of cycle parking spaces and parking spaces proposed was not compliedwith, and therefore there is an existing shortfall of parking and cycle parking onthe site.

The Councils Highways Officer and Travel Plan Officer have requested acondition requiring the applicant to make up the shortfall in this application,which would be appropriate and necessary given the existing shortfall. Subjectto a condition which would address the shortfall, it is considered that thedevelopment would be acceptable in relation to car parking.

The Highways Officer has also requested that there should be an obligationfrom the school to assist in alleviating any increase in traffic and promotesustainable travel, though an identified project. At the time of writing the report,there has been no agreement reached between the applicant and the HighwaysOfficer as to which projects would be required to be delivered to make thedevelopment acceptable. Therefore the details of the obligations are to beagreed, and members will be updated of the agreement in the late sheet.

The Parish Council have objected to the application, with one of the pointsraised relating to the projected increase in pupil numbers, and they dispute thatthe development would accommodate an additional 60 pupils. This is the pupilincrease through phase 3a, which is the phase the proposed developmentseeks to accommodate.

Therefore, subject to a condition which would ensure the delivery of theadditional parking and cycle parking spaces, it is considered that the proposeddevelopment would be acceptable in relation to car parking and highway safety,in accordance with Policy DM3 of the Core Strategy and DevelopmentManagement Policies (2009) and Section 9 of the NPPF.

5. Other Considerations

5.1Trees:The proposal includes the provision of additional parking spaces along the northeastern boundary of the site within close proximity to protected trees. It is notedthat the Tree Officer has requested an arboricultural method statement in order

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5.2

5.3

5.4

5.5

to ensure the protection of those trees. Given that the car parking is located ona higher ground level and could be provided with a no dig type construction acondition is considered to be sufficient to address this issue.

The proposed building, given its location would not result in any harm to existingtrees or structural landscaping and as such is considered acceptable in thisregard.

Flood Risk:The application site is within flood zone 1 and as such is not identified as beingat increased risk of fluvial flooding. In addition the site is not identified as beingat increased risk of surface water flooding.

Human Rights and Equality Act issues:Based on information submitted there are no known issues raised in thecontext of Human Rights / The Equalities Act 2010 and as such therewould be no relevant implications.

Parish Council comments:The Parish Council have objected to the scheme on a number of grounds, mostof which are covered within the applicants travel plan, and which the HighwaysOfficer is satisfied with. Impact of additional traffic movements on residentialamenity are to be mitigated through the agreed obligations, of which the agreedalleviation is to be agreed and updated within the Late Sheet. The shortfall ofparking which was approved in 2017 is to be made up and regularised throughthis application.

Recommendation:

That Planning Permission be GRANTED

RECOMMENDED CONDITIONS

1 The development hereby permitted shall begin not later than three yearsfrom the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act1990 as amended by Section 51 of the Planning and Compulsory PurchaseAct 2004.

2 No development shall commence until a detailed surface water drainagescheme, to manage surface water runoff from the development for up toand including the 1 in 100 year event (+40%CC), and a maintenance andmanagement plan for the scheme has been submitted to and approvedin writing by the Local Planning Authority. The discharge rate from thedevelopment will be limited to the equivalent 1 in 1 year rate, or anappropriate rate as agreed by the Bedford Group of Internal DrainageBoards. The final detailed design shall be based on the agreed drainageStrategy (Ref: 466 issue A by PCMS design) and DEFRAs Non-statutorytechnical standards for sustainable drainage systems (March 2018) andshall be implemented and maintained as approved. Maintenance willensure the system functions as designed for the lifetime of thedevelopment. Any variation to the connections and controls indicatedon the approved drawing which may be necessary at the time ofconstruction would require the resubmission of those details to theLocal Planning Authority for approval.

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Reason: To ensure the approved system will function to a satisfactoryminimum standard of operation and maintenance and prevent theincreased risk of flooding both on and off site, in accordance with para163 and 165 of the NPPF and its supporting technical guidance.

3 No building/dwelling shall be occupied until the developer has formallysubmitted in writing to the Local Planning Authority a finalised 'Maintenanceand Management Plan' for the entire surface water drainage system,inclusive of any adoption arrangements and/or private ownership orresponsibilities, and that the approved surface water drainage scheme hasbeen correctly and fully installed as per the final approved details.

Reason: To ensure that the implementation and longterm operation of asustainable drainage system (SuDS) is in line with what has been approved,in accordance with Written Statement HCWS161, 18th December 2014.

4 The development shall not be brought into use until the on site cycle storageand parking provision has been provided in accordance with the currentguidance at the time of submittal of details to the local planning authority, theapproved details shall be implemented prior to the proposal being broughtinto use and thereafter retained for the purpose of cycle storage and parkingunless otherwise agreed in writing by the local planning authority

Reason: For the avoidance of doubt and to provide adequate on site cyclestorage and parking in accordance with the current cycle parking guidanceand to promote sustainable means of transport(Section 9, NPPF)

5 No development shall commence until an Arboricultural MethodStatement, detailing the methods to be undertaken to protect retainedtrees during construction of the new surfaced parking area includingdetails and methods for construction activities within close proximity toany retained trees. The development and works shall be carried out infull accordance with the details within the approved ArboriculturalMethod Statement. All tree works shall be carried out in accordancewith BS 3998 Recommendations for Tree Work (2010) (as amended).

Reason: This condition is pre commencement to ensure the protectionof retained trees, in accordance with Policies CS16, DM14, DM15 andDM3 of the Core Strategy and Development Management Policies(2009); Policy EE4 of the Emerging Local Plan; and the NPPF.

6 All external works hereby permitted shall be carried out in materials to matchas closely as possible in colour, type and texture of those outlined on planno. 466.109A

Reason: To safeguard the appearance of the completed development byensuring that the development hereby permitted is finished externally withmaterials to match the existing building in the interests of the visualamenities of the locality.(Section 12, NPPF)

7 Before the increase in pupils for phase 3a, the car park layout and surfacingshall be implemented in accordance with the approved plan and thereafterretained for the use of car parking unless otherwise agreed in writing by thelocal planning authority

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Reason: To provide adequate on site parking in accordance with the councilscurrent guidance and for the avoidance of doubt(Section 9, NPPF)

8 The development shall not be brought into use until the on site cycle storageand parking provision has been provided in accordance with the currentguidance at the time of submittal of details to the local planning authority,the approved details shall be implemented prior to the proposal beingbrought into use and thereafter retained for the purpose of cycle storage andparking unless otherwise agreed in writing by the local planning authority

Reason: For the avoidance of doubt and to provide adequate on site cyclestorage and parking in accordance with the current cycle parking guidanceand to promote sustainable means of transport(Section 9, NPPF)

9 No development shall take place, including any works of demolition, until aConstruction Traffic Management Plan, associated with the development ofthe site, has been submitted and approved in writing by the Local PlanningAuthority which will include information on:

(A) The parking of vehicles (B) Loading and unloading of plant and materials used in the

development(C) Storage of plant and materials used in the development(D) The erection and maintenance of security hoarding / scaffolding

affecting the highway if required.(E) Wheel washing facilities(F) Measures on site to control the deposition of dirt / mud on

surrounding roads during the development.(G) Footpath/footway/cycleway or road closures needed during the

development period(H) Traffic management needed during the development period.(I) Times, routes and means of access and egress for construction

traffic and delivery vehicles (including the import of materials and theremoval of waste from the site) during the development of the site.

The approved Construction Management Plan associated with thedevelopment of the site shall be adhered to throughout the developmentprocess.

Reason: In the interests of safety, protecting the amenity of local land uses,neighbouring residents and highway safety(Section 9, NPPF)

10 No development shall take place until a landscaping scheme to includeall soft landscaping and a scheme for landscape maintenance for aperiod of five years following the implementation of the landscapingscheme have been submitted to and approved in writing by the LocalPlanning Authority. The scheme is required to secure the quality of theinformal open space, and to soften the overall built form and hardlandscaping provision. The approved scheme shall be implemented bythe end of the full planting season immediately following thecompletion and/or first use of any separate part of the development (afull planting season means the period from October to March). Thetrees, shrubs and grass shall subsequently be maintained inaccordance with the approved landscape maintenance scheme and

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any which die or are destroyed during this period shall be replacedduring the next planting season.

Reason: To ensure an acceptable standard of landscaping.(Sections 12 & 15, NPPF)

11 The development hereby permitted shall not be carried out except incomplete accordance with the details shown on the submitted plans,numbers 466.111C, 466.100A, 466.113A, 466.112A, 466.110A, 466.106A,466.105A, 466.104A, 466.103A, 466.102A, 466.109A, 466.108A, 466.107A,466.101A.

Reason: To identify the approved plan/s and to avoid doubt.

INFORMATIVE NOTES TO APPLICANT

1. In accordance with Article 35 (1) of the Town and Country Planning(Development Management Procedure) (England) Order 2015, the reasonfor any condition above relates to the Policies as referred to in the NationalPlanning Policy Framework (NPPF) and the Core Strategy for North CentralBedfordshire.

2. This permission relates only to that required under the Town & CountryPlanning Acts and does not include any consent or approval under anyother enactment or under the Building Regulations. Any other consent orapproval which is necessary must be obtained from the appropriateauthority.

3. Will a new extension affect your Council Tax Charge?The rate of Council Tax you pay depends on which valuation band yourhome is placed in. This is determined by the market value of your home asat 1 April 1991.Your property's Council Tax band may change if the property is extended.The Council Tax band will only change when a relevant transaction takesplace. For example, if you sell your property after extending it, the newowner may have to pay a higher band of Council Tax.If however you add an annexe to your property, the Valuation Office Agencymay decide that the annexe should be banded separately for Council Tax.If this happens, you will have to start paying Council Tax for the annexe assoon as it is completed. If the annexe is occupied by a relative of theresidents of the main dwelling, it may qualify for a Council Tax discount orexemption. Contact the Council for advice on 0300 300 8306.The website link is:

http://www.centralbedfordshire.gov.uk/council-tax/bands/find.aspx

Statement required by the Town and Country Planning (Development ManagementProcedure) (England) Order 2015 - Part 6, Article 35

The Council acted pro-actively through positive engagement with the applicant during thedetermination process which led to improvements to the scheme. The Council has thereforeacted pro-actively to secure a sustainable form of development in line with the requirementsof the Framework (paragraph 38) and in accordance with the Town and Country Planning(Development Management Procedure) (England) Order 2015.

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DECISION

......................................................................................................................................

......................................................................................................................................

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11. Planning Application No:CB/19/01598/FULL (Barton-le-Clay)

Address: Maple House, Nicholls Close,Barton-le-Clay, Bedford, MK45 4JN.

2 New 2 Bed Semi-Detached Bungalowswith associated parking.

Applicant: Gill Hudson Homes Ltd

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© Crown Copyright. All rights reserved.Central Bedfordshire CouncilLicence No. 100049029 (2009)Date: 19:September:2019

Scale: 1:1250

Map Sheet No

CASE NO.N

S

W EApplication No.

CB/19/01598/FULL

Maple House, Nicholls Close, Barton-le-Clay, Bedford, MK45 4JN

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APPLICATION NUMBER CB/19/01598/FULLLOCATION Maple House, Nicholls Close, Barton-le-Clay,

Bedford, MK45 4JNPROPOSAL 2 New 2 Bed Semi-Detached Bungalows with

associated parking.PARISH Barton-Le-ClayWARD Barton-le-ClayWARD COUNCILLORS Cllr ShinglerCASE OFFICER Thomas MeadDATE REGISTERED 05 June 2019EXPIRY DATE 31 July 2019APPLICANT Gill Hudson Homes LtdAGENT Mr L Butler MRICSREASON FORCOMMITTEE TODETERMINE

Called in by Cllr Shingler for the following reasons:Detrimental effect on the Conservation Area and thereasons for call in on application CB/18/02026/FULL

RECOMMENDEDDECISION Full Application - Recommended for Approval

Reason for Recommendation:

The proposed development would be sited in the Core of the village ofBarton-Le-Clay, in a highly sustainable location with access to services andfacilities. The dwellings would be in keeping with the grain and existing built formand pattern of development, and therefore would result in less than substantialharm to the setting of the Conservation Area, which is outweighed by the publicbenefits. Given the single storey height, the proposed development would not resultin harm to the amenity and living conditions of neighbouring occupiers, and wouldprovide future occupiers with an acceptable living standard. The scheme provides aDesign Guide compliant provision of parking, and an acceptable turning space andaccess. Therefore, the proposed development would comply with Policy BE8 of theSouth Bedfordshire Local Plan Review (2004), and Sections 9, 12 and 16 of theNPPF.

Site Location:

The application site consists of a section of vacant land associated with No. 67Bedford Road, Barton-le-Clay. The site lies to the west of Bedford Road, and to thesouth of Nicholls Close, and also lies within the Conservation Area ofBarton-le-Clay.

There are a number of residential dwellinghouses to the north, west and south eastof the site.

The Application:

The application seeks planning permission for the erection of 2 No. new semidetached bungalows, and associated landscaping, garden space and access.

The application was deferred by members at the September meeting of theDevelopment Management Committee, whereby concerns were raised in terms of

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the accuracy of the plans and existing boundaries of the site. It appears that thisconcern has arisen due to a boundary fence being erected on the land which doesnot accord with the larger site area the subject of the application.

Following September's Committee meeting the agent has provided the initial surveydrawing of the site which confirms the accuracy of the proposed plans. The entireapplication site is within the ownership of the applicant, and they have agreed toremove the fence in question which has caused confusion regarding the site areaand the extent of land available to accommodate the proposal. As a result of theabove, all the information available to the Council indicates that the plans areaccurate in terms of the size of the site and development proposed.

RELEVANT POLICIES:

National Planning Policy Framework (NPPF) (February 2019)

12: Achieving well-designed places16: Conserving and enhancing the historic environment

South Bedfordshire Local Plan Review Policies

BE8 Design ConsiderationsT10 Parking - New Development

Central Bedfordshire Local Plan - Emerging

The Central Bedfordshire Local Plan has reached submission stage and wassubmitted to the Secretary of State on 30 April 2018.

The National Planning Policy Framework (paragraph 48) stipulates that from theday of publication, decision-takers may also give weight to relevant policies inemerging plans unless material considerations indicate otherwise.

The apportionment of this weight is subject to:

the stage of preparation of the emerging plan;the extent to which there are unresolved objections to relevant policies;the degree of consistency of the relevant policies in the emerging plan to thepolicies in the Framework.

Reference should be made to the Central Bedfordshire Submission Local Planwhich should be given limited weight having regard to the above. The followingpolicies are relevant to the consideration of this application:

LP HQ1: High Quality DevelopmentLP EE4: Trees, woodlands and hedgerowsLP HE3: Built HeritageLP HQ8: Back-land Development

Supplementary Planning Guidance/Other Documents

Central Bedfordshire Design Guide (March 2014)

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Relevant Planning History:

Case Reference CB/18/04080/FULLLocation Maple House, Nicholls Close, Barton-le-Clay, Bedford, MK45 4JNProposal New dwelling with associated access and parkingDecision Full Application - RefusedDecision Date 21/03/2019 16:46:50Appeal Decision Date Not yet determinedAppeal Decision Not yet determined

Case Reference CB/18/04368/VOCLocation Maple House, Nicholls Close, Barton-le-Clay, Bedford, MK45 4LLProposal Variation of Condition 10 of planning permission

CB/16/04198/FULL dated 08/11/16 (New two storey 4 bedroomdwelling with double garage to be built in garden of 67 BedfordRoad. Access to be via Nicholls Close. Exterior finishes to besimilar to neighbouring house in Nicholls Close.) - Garage to beremoved and parking layout to be changed.

Decision Variation of Condition - GrantedDecision Date 13/03/2019 11:33:12

Case Reference CB/18/02551/FULLLocation 67 Bedford Road, Barton-le-Clay, Bedford, MK45 4LLProposal Conversion of existing dwelling into 2no semi detached unitsDecision Application WithdrawnDecision Date 14/09/2018 11:51:38

Case Reference CB/18/02026/FULLLocation Land to the rear of 67 Bedford Road, Barton-le-Clay, Bedford,

MK45 4LLProposal Erection of two new 2 bed bungalows and associated workDecision Full Application - RefusedDecision Date 03/09/2018 16:35:42

Case Reference CB/17/01757/FULLLocation Burr House, Nicholls Close, Barton-le-Clay, Bedford, MK45 4JNProposal 2 New 3 bed dwellings & conversion of existing 4 bed detached

dwelling to pair of 3 bed semi detached dwellingsDecision Full Application - RefusedDecision Date 05/07/2017

Case Reference CB/16/04365/FULLLocation 67 Bedford Road, Barton-le-Clay, Bedford, MK45 4LLProposal Change of use of outbuilding and new extension to form new

dwellingDecision Full Application - GrantedDecision Date 15/02/2017

Case Reference CB/16/04198/FULLLocation 67 Bedford Road, Barton-le-Clay, Bedford, MK45 4LLProposal New two storey 4 bedroom dwelling with double garage to be built

in garden of 67 Bedford Road. Access to be via Nicholls Close.Exterior finishes to be similar to neighbouring house in NichollsClose.

Decision Full Application - GrantedDecision Date 08/11/2016

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Case Reference SB/02/01138Location LAND R/O 67, BEDFORD ROAD, NICHOLLS

CLOSE,,BARTON-LE-CLAY. LAND R/O 2 NICHOLLS CLOSE,NICHOLLS CLOSE, BARTON-LE-CLAY

Proposal ERECTION OF THREE DETACHED DWELLINGS.Decision Full Application - GrantedDecision Date 01/05/2003

Case Reference SB/02/00683Location LAND R/O, 67, BEDFORD ROAD, BARTON LE CLAY. LAND R/O

2 NICHOLLS CLOSE, NICHOLLS CLOSE, BARTON-LE-CLAYProposal ERECTION OF ONE DETACHED DWELLING WITH INTEGRAL

GARAGE (OUTLINE)Decision Full Application - GrantedDecision Date 25/11/2002

Consultees:

Barton-le-Clay ParishCouncil

OBJECT: The Parish Council has raised concerns thatthe materials being used for the proposed developmenthave not been specified. These would need to be inkeeping with the existing Conservation area e.g. yellowbrick, slate tiles, etc. The Parish Council is supportive ofthis type of development, where one and two bedproperties are needed within the village. However, theground floor area in this application appears excessivefor the size of plot available. This application has alreadybeen called in to be considered at the next DevelopmentCommittee for a decision.

Highways Officer The proposed access serving the two properties alsoprovides access for the off-street parking provision for theexisting property known as Maple House, this has nowbeen included within the red line.

The proposed vehicle access will now serve as primaryaccess for two dwellings and will therefore be a shareddriveway. The access is shown to be a minimum of 4.1mwide with a 0.3m margin either side for lateral clearancefor a minimum distance of 8m from the nearside channelline of Nichols Close, this complies with the standards.

The red line plan includes land at the entrance which ispublic highway. For the avoidance of doubt the footwayand the grass verge is highway land maintained at publicexpense. The applicant is also reminded that theconstruction works for the vehicle crossing, within thepublic highway, shall be undertaken by the HighwayAuthority at the applicant’s expense via a section 278small works agreement.

The proposed site plan indicates the extent of theproposed access across the highway verge but has notbeen extended to include the public footway. Irecommend the details of the access are submitted andapproved prior to commencement of the development.

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There is sufficient space within the site to accommodatea light goods service vehicle, this can be conditioned tobe kept clear and retained in perpetuity.

Therefore no objection subject to conditions.

Trees and LandscapeOfficer

In recognition of its previous site history, it would beimportant that the indicative tree and shrub planting, asbeing proposed around the boundary of the site, hassufficient space for natural development of largerspecimens, both to allow their maturity, and to also avoidfuture conflict and nuisance with the new dwelling, oncethe pressures of home occupancy come to bear.

In its current proposal, the building footprint createsunsatisfactory "pinch-points", where the use of suchplanting, especially for trees, would be highly restrictiveand subsequently ineffective. This suggests that thedevelopment being proposed is too large for the existingsite constraints, and should be reduced in sizeaccordingly.

This will allow for larger planting areas around theboundary that can be more effective in providingadequate screening and restoring lost visual amenity,which resulted from previous clearance of the site. Thiscould then accommodate new trees that have moreappropriate size for the scale of the development, and toallow a wider, visual impact within the surrounding BartonConservation Area.

Archaeology The proposed development site lies on the edge of thehistoric core of the settlement of Barton-le-Clay (HER17012) and this is a heritage asset with archaeologicalinterest (as defined by the NPPF). However, thearchaeological potential of this area is currentlyconsidered to be low. Consequently, there would be noarchaeological constraint on this development should itreceive consent.

Other Representations:

Neighbours 8 Objections have been received towards the application.The points raised by third parties are summarised asfollows:

Loss of Green Space, that is running out in thevillage and needs to be preserved

Harm to the Conservation Area

Cramped Development

Does not address the previous reasons for refusal

The scheme does not successfully replace thetrees lost.

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The same reasons for refusal should be used asCB/18/04080/FULL.

Overbearing impact

Overlooking impact and subsequent loss of privacy

Loss of Light

Could result in harm to a silver birch tree inneighbours garden

Proposal seeks to move parking spaces approvedthrough a VOC application

Out of Character with surrounding houses

Out of Character with Clipstone Cottages

No details of drainage or sewage disposal

Plans are incorrect and do not show the fence thathas been erected

Cramped development prevents the applicant toreplant the tall trees

Gardens proposed are small and overlooked

Poor standard of living for the future residents

Considerations

1. Principle of Development1.1 The proposed development includes the erection of 2 No. new bungalows on

land to the rear of 67 Bedford Road. The site is vacant and is a reasonablesize when considering residential development. The site does not lie within theGreen Belt, and lies firmly within the built up area of Barton-le-Clay, with goodaccess to services that are expected of a village of this scale, such as shops,public houses and schools. Therefore, it is considered that the proposeddevelopment would be acceptable in principle.

2. Character and Appearance of the Area2.1

2.2

2.3

2.4

The application site lies within the Conservation Area of Barton-Le-Clay, andtherefore significant weight is attributed to Section 16 of the NPPF, and alsothe Barton-Le-Clay Conservation Appraisal.

Paragraph 20 of the National Planning Policy Framework places importanceon the conservation of heritage assets.

Paragraphs 193-196 of the National Planning Policy Framework seek tosafeguard heritage assets, and specifically deal with the requirements fordevelopments that affect designated heritage assets and their setting.Paragraph 196 states the following:

"When considering the impact of a proposed development on the significanceof a designated heritage asset, great weight should be given to the asset’sconservation (and the more important the asset, the greater the weight shouldbe). This is irrespective of whether any potential harm amounts to substantial

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2.5

2.6

2.7

2.8

2.9

2.10

harm, total loss or less than substantial harm to its significance". Section 16 ofthe NPPF requires that Local Authorities take account of how newdevelopment in a conservation area protects the character and appearance ofthe area and makes a positive contribution to local character anddistinctiveness.

The site also forms backland development, and therefore limited weight isattributed to Policy HQ8 of the emerging Local Plan. Policy HQ8 requires thatproposals for the development of back-land sites will be resisted where theyare against the existing pattern and grain of development and thecharacter and appearance of the area would be harmed.

The site, which previously benefited from a number of trees and other plantingwhich, having regard to representations received, have been removed. Thescheme proposed includes an indicative landscaping scheme, which isconsidered to be appropriate to the context of the site and surroundings andsufficient to help mitigation for the loss of trees removed from the site.

The Trees and Landscape Officer has raised concern regarding the proximitybetween the dwelling and the boundary of the site, in that it would be difficult toplant replacement trees that would be of any significant size. However, it isconsidered that there is significant room to the southeast and northwest of thesite, to allow the planting of large trees given their separation from the builtform. Evidence provided from neighbours shows the extent of the loss of treesacross the site, with the large trees lying in concentrated areas. Therefore, thereplanting of several trees, with reasonable scale trees across the remainderof the site would be considered to be acceptable.

The pattern of development surrounding the site consists of a number of largetwo storey detached dwellings to the west and southwest of the site, whichfollow linear form adjacent to the western boundary of the site. To the north isthe same linear, two storey detached pattern of development, and to the eastof the site is a line of terraced dwellinghouses known as Clipstone cottages.The application site consists of parcel of open garden land bound within thesesurrounding dwellings.

It is considered that the siting of the proposed bungalows would be parallel tothe grain and building lines of the dwellings fronting Nicholls Close to the north,and would be roughly perpendicular to the building line and grain ofdevelopment of the dwellings to the west, southwest and east of the site. Theproposed bungalows would be single storey in scale, and whilst this would notbe inkeeping with the prevailing scale and character of the immediate area, itis considered that the siting and orientation would be, and therefore would beinkeeping with the grain and existing built form in this location.

Given the scale and appearance of the bungalows, in addition to theorientation, siting and mitigation for the loss of the trees on the site, it isconsidered that the proposed development would result in less thansubstantial harm to the setting of the Conservation Area. Given that thedwellings are proposed as bungalows, and would be therefore accessible forany residents, and would not exclude potential disabled or elderly residents.This is considered to be a significant public benefit, which is considered tooutweigh the less than substantial harm caused to the setting of theConservation Area. As such, the proposed development would accord withparagraphs 193-196 of the NPPF.

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2.11 Therefore, the proposed development would not be considered to cause harmto the character and appearance of the Conservation Area, and would accordwith Policy BE8 of the South Bedfordshire Local Plan Review (2004), andSections 12 and 16 of the NPPF.

3. Neighbouring Residential Amenity3.1

3.2

3.3

3.4

3.5

3.6

3.7

The application site is surrounded by a number of existing residential units.

The proposed dwelling is surrounded by a number of residential dwellings to thewest, southwest and north of the site, with the most impacted dwellings beingNos. 7, 8 and 9 Portobello Road. The proposed development includes 2 No.Bungalows, that are small in scale and height, with a low eaves height andmodest roof projection. The windows to habitable rooms proposed are sited inthe front and rear elevations of the dwelling, with only bathroom windows in theside elevation, and therefore would not provide any form of overlooking towardsthese neighbouring dwellings. Given the scale and height of the proposeddwellings, in addition to the minimum separation of 12 metres, it is consideredthat the development would also not result in any form of unacceptable loss oflight, outlook or privacy to these neighbouring dwellings.

The dwellings to the east, known as Nos. 39-53 Bedford Road would be asimilar proximity to the proposed developments as the dwellings alongPortobello Road. As mentioned in 3.2, the proposed development would besingle storey with no side facing windows. Given the scale and height, as well assignificant soft landscaping on the eastern and western boundary of the site, it isconsidered that the development would not result in any adverse loss of light,outlook, privacy or overbearing impact upon this neighbouring dwelling. Thedevelopment would also not provide a view south towards the rear gardens ofthe dwellings fronting Bedford Road, given the single storey height of thewindows.

Given the single storey nature and significant separation between the proposeddevelopment and Maple House to the north, it is considered that the proposeddevelopment would not result in any adverse loss of light, outlook, privacy oroverbearing impact upon this neighbouring dwelling.

Given the orientation and siting of the proposed development in relation to No.67 Bedford Road, it is considered that the proposed development would also notresult in any adverse loss of light, outlook, privacy or overbearing impact uponthis neighbouring dwelling.

The existing dwellinghouse on the site, No. 67 Bedford Road, would still benefitfrom an allocated and allotted section of garden land to the south of the existingdwelling, which would still meet the Council's space standards within the DesignGuide (2014), and would still provide these residents with an acceptableprovision of garden space. The access and driveway would not be intenseenough served by one dwelling to be considered to cause harm to the amenityof the existing dwelling on site by virtue of an increased noise and disturbance.

Therefore, the proposed development would not result in harm to the amenityand living conditions of neighbouring dwellings, in accordance with to Policy BE8of the South Bedfordshire Local Plan Review (2004), and Section 12 of theNPPF.

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4. Amenity and Living Standards of Future Residents4.1

4.2

4.3

4.4

The proposed development includes the erection of 2 No. 2 bedroombungalows. Each internal habitable room benefits from one source of light, andwould comply with the requirements of the National Space Standards, andtherefore the internal space provided as part of the proposed developmentwould be acceptable.

The development offers a section of private garden space each, with onedwelling benefiting from approximately 54 sqm, and one benefiting from 78 sqm.It is considered that although 54 sqm is just short of the Design Guide required60 sqm, it is considered to be a minor shortfall for one of two dwellings, andwould still be a reasonable and acceptable provision of amenity space. It wouldbe unreasonable to refuse planning permission based on the minor shortfall,and therefore it is considered that the external space allocated would beacceptable.

It is also considered that the rear gardens proposed for the proposeddevelopment lie within close proximity to the rear of the dwellings frontingPortobello Road, and Bedford Road, and there would be an aspect ofoverlooking from these neighbouring dwellings. However, a significantconsideration of the proposed dwellings is the replacement and mitigation of theloss of trees, as outlined in Section 2 of this report. There will be a significantreplacement of tree and vegetation along the western, southern and easternboundary of the site. Given the extent of the tree and vegetation replacement onthese boundaries, it is considered that the tree replacement would act as anatural screen to an extent that would screen any view from the east and westof the site, towards the rear garden. Therefore, subject to a condition whichrequires extensive landscaping and planting along those boundaries which issubmitted and approved prior to occupation, it is considered that the rearamenity space would not be unacceptably overlooked, and would beacceptable.

Therefore, it is considered that the proposed development would provide thefuture residents of the dwellings with an acceptable standard of living, inaccordance with Section 12 of the NPPF.

5. Highways5.1

5.2

5.3

5.4

The proposed development includes the erection of 2 No. 2 bedroom dwellings,which would therefore result in a requirement of 2 No. on site car parkingspaces, in accordance with the Councils Car Parking Standards outlined withinthe Design Guide (2014).

The proposed development has provided 2 No. on site car parking spaces perdwelling, with 2 No. being sited in front of the development and 2 No. tandemspaces to the side. It it considered that this would be acceptable, and would alsomaintain sufficient turning space to allow successful vehicular maneuvering onsite. There is also sufficient space on site to allow an emergency or deliveryvehicle to turn. Therefore the on site parking and turning provision is acceptable.

The access is existing, and has been established through a number of previousplanning applications for Maple House through reference Nos.CB/16/04198/FULL and CB/18/04368/VOC, which serves a parking area forMaple House. Therefore, the principle of the access is acceptable.

Therefore, it is considered that the proposed development would be acceptablein relation to car parking and highway safety, in accordance with Section 9 of theNPPF.

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6. Other Considerations

6.1

6.2

6.3

Third Party Representations:

A number of objections from third parties have been received towards theapplication. Most of the concerns are addressed within this report. The Councildo believe that by reducing the scale and height of the dwellings to singlestorey, that the development does address the previous reasons for refusal.

Details of drainage and sewage are not considered to be material planningconsiderations, and are dealt with by building control. Whilst Maply House didreceive approval to vary a previous condition to allow the variation of the parkingarea through CB/18/04368/VOC. The layout of those spaces has beenamended in this planning application, to which the Highways Officer stillbelieves would be acceptable. Therefore there would be no issue with allowingthe slight amendment.

Human Rights and Equality Act issues:Based on information submitted there are no known issues raised in thecontext of Human Rights / The Equalities Act 2010 and as such therewould be no relevant implications.

Recommendation:

That Planning Permission be GRANTED

RECOMMENDED CONDITIONS

1 The development hereby permitted shall begin not later than three yearsfrom the date of this permission.

Reason: To comply with Section 91 of the Town and Country Planning Act1990 as amended by Section 51 of the Planning and Compulsory PurchaseAct 2004.

2 No above ground works shall take place, notwithstanding the detailssubmitted with the application, until details of the materials to be used for theexternal walls and roofs of the development hereby approved have beensubmitted to and approved in writing by the Local Planning Authority. Thedevelopment shall thereafter be carried out in accordance with the approveddetails.

Reason: To control the appearance of the building in the interests of thevisual amenities of the locality prior to any form of development on the site.(Section 12, NPPF)

3 A scheme shall be submitted for approval in writing by the Local PlanningAuthority indicating the positions, design, materials and type of boundarytreatment to be erected. The boundary treatment shall be completed inaccordance with the approved scheme before the buildings are occupiedand be thereafter retained. The scheme should include planting on theboundary to mitigate the loss of the existing trees on the site.

Reason: To safeguard the appearance of the completed development andthe visual amenities of the locality.(Section 12, NPPF)

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4 No dwelling shall be occupied until an extensive landscaping scheme toinclude all hard and soft landscaping and a scheme for landscapemaintenance for a period of five years following the implementation of thelandscaping scheme have been submitted to and approved in writing by theLocal Planning Authority. The scheme shall include a significant provision oftree and hedge planting across the site, as outlined on the indicativescheme. The approved scheme shall be implemented by the end of the fullplanting season immediately following the completion and/or first use of anyseparate part of the development (a full planting season means the periodfrom October to March). The trees, shrubs and grass shall subsequently bemaintained in accordance with the approved landscape maintenancescheme and any which die or are destroyed during this period shall bereplaced during the next planting season.

Reason: To ensure an acceptable standard of landscaping, to successfullymitigate the loss of trees on the site and to maintain the privacy of theoccupiers of the dwellings.(Sections 12 & 15, NPPF)

5 Development shall not commence until details of the junction of theproposed vehicular access with the highway have been approved by theLocal Planning Authority and no building shall be occupied until the junctionhas been constructed in accordance with the approved details.

Reason: In order to minimise danger, obstruction and inconvenience tousers of the highway and the premises.(Section 9, NPPF)

6 Before the new access is first brought into use visibility splays shall beprovided on each side of the new access at its junction with the publichighway. The minimum dimensions to provide the required splay lines shallbe 2.4m measured along the centre line of the proposed access from itsjunction with the channel of the public highway and 43m measured from thecentre line of the proposed access along the line of the channel of the publichighway. The vision splays so described shall thereafter be kept free of allobstruction to visibility exceeding a height of 600mm above the adjoiningcarriageway level.

Reason: To provide adequate visibility between the existing highway and theproposed access and to make the access safe and convenient for the trafficthat is likely to use it.(Section 9, NPPF)

7 Before the development is first occupied or brought into use, the parkingscheme shown on plan no LB-0037 rev I shall be completed and thereafterretained for this purpose.

Reason: To ensure the provision of car parking clear of the highway(Section 9, NPPF)

8 The proposed vehicular access shall be surfaced in bituminous or othersimilar durable material (not loose aggregate) as may be approved in writingby the Local Planning Authority for a distance of 8m into the site, measuredfrom the highway boundary, before the premises are occupied.Arrangements shall be made for surface water drainage from the site to beintercepted and disposed of separately so that it does not discharge into thehighway.

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Reason: To avoid the carriage of mud or other extraneous material orsurface water from the site into the highway so as to safeguard the interestof highway safety(Section 9, NPPF)

9 Before the premises are occupied all on site parking areas shall be surfacedin a stable and durable materials in accordance with details to be approvedin writing by the Local Planning Authority. Arrangements shall be made forsurface water drainage from the site to soak away within the site so that itdoes not discharge into the highway or into the main drainage system.

Reason: To avoid the carriage of mud or other extraneous material orsurface water from the site so as to safeguard the interest of highway safetyand reduce the risk of flooding and to minimise inconvenience to users ofthe premises and ensure satisfactory parking of vehicles outside highwaylimits(Section 9, NPPF)

10 The turning space for vehicles illustrated on the approved Plan LB-0037 revI shall be constructed before the development is first brought into use andretained thereafter for that purpose.

Reason: To enable vehicles to draw off, park and turn outside the highwaylimits thereby avoiding the reversing of vehicles on to the highway.(Section 9, NPPF)

11 Prior to the construction of vehicular parking areas associated with theapproved dwellinghouses, a scheme for the charging of electric vehiclesshall be submitted to and approved in writing by the Local PlanningAuthority. Subsequently, the development shall be completed in accordancewith these approved details.

Reason: To assist with the transition to low-emission vehicles in line withparagraph 110 of the National Planning Policy Framework (2019).

12 The development hereby permitted shall not be carried out except incomplete accordance with the details shown on the submitted plans,numbers LB-0037 Rev I.

Reason: To identify the approved plan and to avoid doubt.

INFORMATIVE NOTES TO APPLICANT

1. This permission relates only to that required under the Town & CountryPlanning Acts and does not include any consent or approval under anyother enactment or under the Building Regulations. Any other consent orapproval which is necessary must be obtained from the appropriateauthority.

2. In accordance with Article 35 (1) of the Town and Country Planning(Development Management Procedure) (England) Order 2015, the reasonfor any condition above relates to the Policies as referred to in the SouthBedfordshire Local Plan Review (SBLPR) and the National Planning PolicyFramework (NPPF).

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3. i. The applicant is advised that no works associated with the constructionof the vehicular access should be carried out within the confines of thepublic highway without prior consent, in writing, of the CentralBedfordshire Council Highways Department. Upon receipt of this Noticeof Planning Approval, the applicant is advised to seek approval from theLocal Planning Authority for details of the proposed vehicular accessjunction in accordance with condition 5. Upon formal approval of details,the applicant is advised that in order to comply with Condition .5 of thispermission it will be necessary for the developer of the site to enter intoan agreement with Central Bedfordshire Council as Highway Authorityunder Section 278 of the Highways Act 1980 to ensure the satisfactorycompletion of the access. You are advised to contact the HighwaysAgreements Officer, Community Services, Central Bedfordshire Council,Priory House, Monks Walk, Chicksands, Shefford SG17 5TQ. [email protected] The applicant is alsoadvised that if any of the works associated with the construction of thevehicular access affects or requires the removal and/or the relocation ofany equipment, apparatus or structures (e.g. street name plates, busstop signs or shelters, statutory authority equipment etc.) then theapplicant will be required to bear the cost of such removal or alteration.To fully discharge condition 5 the applicant should provide evidence tothe Local Planning Authority that the Highway Authority have permittedthe construction in accordance with the approved plan, before thedevelopment is brought into use.

ii. The applicant is advised that no private surface water drainage systemdesigned as part of a new development, will be allowed to enter anyexisting highway surface water drainage system.

iii. The applicant is advised that the requirements of the New Roads andStreet Works Act 1991 will apply to any works undertaken within thelimits of the existing public highway. Further details can be obtained bycontacting the Street Works Co-ordinator, Central BedfordshireHighways, by contacting the Highways Helpdesk 0300 300 8301.

iv. The applicant is advised that the storage of materials associated withthis development should take place within the site and not extend intowithin the public highway without authorisation from the highwayauthority. If necessary the applicant should contact The Street WorksCo-ordinator, Central Bedfordshire Highways, by contacting theHighways Helpdesk 0300 300 8301.

v. The contractor and / or client are to ensure that any mud or buildingmaterial debris such as sand, cement or concrete that is left on thepublic highway, or any mud arising from construction/demolitionvehicular movement, shall be removed immediately and in the case ofconcrete, cement, mud or mortar not allowed to dry on the highway.

Statement required by the Town and Country Planning (Development ManagementProcedure) (England) Order 2015 - Part 6, Article 35

The Council acted pro-actively through positive engagement with the applicant at thepre-application stage and during the determination process which led to improvements tothe scheme. The Council has therefore acted pro-actively to secure a sustainable form ofdevelopment in line with the requirements of the Framework (paragraph 38) and inaccordance with the Town and Country Planning (Development Management Procedure)(England) Order 2015.

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DECISION

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12. Date of Next Meeting and SiteInspections

Under the provisions of the Members'Planning Code of Good Practice,Members are requested to note that thenext Development ManagementCommittee will be held on 6 November2019 and the Site Inspections will beundertaken on 4 November 2019.

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13. Late Sheet

To receive and note, prior to consideringthe planning applications contained in theschedules above, any additionalinformation detailed in the Late Sheet tobe circulated on 8 October 2019.