010-158-233233 Planning Statement October 2012

Gaia Partnership, Sedgemoor DC and Wessex Water Outline Planning Application for Residential Development of Land at Newtown Road,
Highbridge Design and Access (including Planning) Statement (Revised) October 2012
WYG Planning & Environment, Ropemaker Court, 12, Lower Park Row, Bristol, BS1 5BN Tel: Email: 01179 254 393 andrew.strange@wyg.com
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Project: Client: Job Number: File Origin: Residential Development Gaia Partnership, Sedgemoor DC, Wessex Water A032165
X:\Projects\A030000 -\A032165 - Newtown Road - Highbridge\2012 Application Revisions\A032165 planning statement october 2012 FINAL.doc
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Issue 1 2 3 4
Date 12 October 2012 15th October 2012 16th October 2012 18th October 2012
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Status Draft for Review First Revisions Second Revisions FINAL
Contents Page
1.0 1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.2 1.2.1 1.2.2 1.2.3 1.2.4 1.3 1.3.1 1.3.2 1.3.3 1.3.4 1.3.5 2.0 Introduction ......................................................................................................................................................................................................... 1 The Current Planning Application .......................................................................................................................................................................... 1 Outline Application ................................................................................................................................................................................................1 Description of Development ...................................................................................................................................................................................1 Indicative Plans .....................................................................................................................................................................................................2 Details of Proposed Means of Access ......................................................................................................................................................................2 Programme for Implementation .............................................................................................................................................................................3 The Boatyard Site Planning Application .................................................................................................................................................................. 3 Indicative Layout ..................................................................................................................................................................................................3 Access Arrangements ............................................................................................................................................................................................4 Flood Risk Mitigation Proposals ..............................................................................................................................................................................4 S106 Obligations ...................................................................................................................................................................................................4 Summary of Revisions to Current Application ......................................................................................................................................................... 5 Proposals ..............................................................................................................................................................................................................5 Relationship to Boatyard Site .................................................................................................................................................................................5 Housing Numbers and Mix .....................................................................................................................................................................................5 Access Arrangements ............................................................................................................................................................................................6 Flood Risk Mitigation .............................................................................................................................................................................................6 Current Planning Policy ......................................................................................................................................................................................... 8
2.1 2.1.1 2.1.2 2.2 3.0 3.1 3.2 3.3 3.4 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 5.0 5.1 5.2
The Development Plan ......................................................................................................................................................................................... 8 Sedgemoor Local Plan ...........................................................................................................................................................................................8 Sedgemoor Core Strategy ......................................................................................................................................................................................8 National Planning Policy Framework .....................................................................................................................................................................10 Consultation ....................................................................................................................................................................................................... 11 Previous Engagement ..........................................................................................................................................................................................11 Subsequent Discussions with the LPA ...................................................................................................................................................................11 The Environment Agency .....................................................................................................................................................................................11 Other Stakeholders .............................................................................................................................................................................................11 Key Issues .......................................................................................................................................................................................................... 13 Principle of Development .....................................................................................................................................................................................13 Phasing with Boatyard Site ..................................................................................................................................................................................14 Flood Risk ...........................................................................................................................................................................................................14 Surface Water Disposal........................................................................................................................................................................................17 Transport ...........................................................................................................................................................................................................17 Contamination ....................................................................................................................................................................................................18 Ecology ..............................................................................................................................................................................................................18 Archaeology ........................................................................................................................................................................................................20 Design ................................................................................................................................................................................................................ 21 Circular 01/2006 .................................................................................................................................................................................................21 Site Context ........................................................................................................................................................................................................21
5.3 5.3.1 5.3.2 5.3.3 5.3.4 5.3.5 5.3.6 5.3.7 5.3.8 5.3.9
Design ................................................................................................................................................................................................................21 Proposed Use ...................................................................................................................................................................................................... 21 Amount .............................................................................................................................................................................................................. 21 Indicative Layout ................................................................................................................................................................................................ 22 Scale .................................................................................................................................................................................................................. 24 Appearance ........................................................................................................................................................................................................ 24 Landscaping ....................................................................................................................................................................................................... 24 Sustainability ...................................................................................................................................................................................................... 25 Transport ........................................................................................................................................................................................................... 25 Access ................................................................................................................................................................................................................ 25
5.3.10 Rights of Way ..................................................................................................................................................................................................... 26 5.3.11 Disabled Access .................................................................................................................................................................................................. 26 5.3.12 Parking ............................................................................................................................................................................................................... 26 6.0 6.1.1 6.1.2 6.1.3 6.1.4 6.1.5 7.0 S106 Heads of Terms .......................................................................................................................................................................................... 27 Flood Risk Mitigation ........................................................................................................................................................................................... 27 Affordable Housing .............................................................................................................................................................................................. 28 Transport ........................................................................................................................................................................................................... 30 Education ........................................................................................................................................................................................................... 31 Outdoor Space .................................................................................................................................................................................................... 34 Conclusion .......................................................................................................................................................................................................... 36
Appendix Contents
Appendix 1: Site Location Plan Appendix 2: Access Details Appendix 3: Indicative Layout Plans Appendix 4: Boatyard Site Committee Report and Minutes Appendix 5: Boatyard Site Indicative Layout Appendix 6: Boatyard Site Access Appendix 7: Boatyard Site Flood defence Works Appendix 8: FRA Addendum
Planning Application Ref. 11/07/00192/OUT
1.0 Introduction
1.1 The Current Planning Application
1.1.1 Outline Application
This application is submitted in outline, but it includes details of the proposed means of access off Newtown Road. The application site area is shown on the revised site location plan at Appendix 1 (drawing no. 2713drg01). Details of the proposed means of access remain as per the original application and are included at Appendix 2 (drawing no. 16896/101/003 rev A). Details of the proposed layout, scale, appearance and landscaping remain reserved for subsequent approval. 1.1.2 Description of Development
The current application is described on the Councils website as Residential development, formation of access, parking and landscaping although the planning application form described the proposals as Erection of 90 dwellings and associated vehicular access, car parking, engineering and landscaping works. In the context of the proposals in this revised package of information, the description of the development should be amended to read:
Outline planning application (including details of proposed means of access off Newtown Road) for the erection of up to 105 dwellings and associated works.
Gaia Partnership, Sedgemoor DC and Wessex Water WYG Project Number: A032165 October 2012
1.1.3
Indicative Plans
This application is also accompanied by indicative layout plans at Appendix 3 (drawing no. 2713drg 04 Rev C, 05 Rev A, 06 Rev A) in accordance with the requirements of paragraph 52 of Circular 01/06. The plans illustrate the approximate location of the proposed buildings/development zones and routes and open spaces within the development. The indicative layout plans illustrate how the site could be developed to accommodate 102 dwellings and also illustrate the relationship of the development on this application site with the proposals that the Council has resolved to accept on the adjacent Boatyard site to the south. 1.1.4 Details of Proposed Means of Access
The details of the proposed means of access to the site are shown in the drawing no. 16896/101/003 rev A at Appendix 2. This drawing only shows the details of the proposed means of access for pedestrians, cyclists and vehicles off Newtown Road. Conditions could be imposed on the permission requiring details of the proposed means of access for pedestrians and/or cyclists to the sites boundaries with Apex Park and the Boatyard site. The detailed proposals for the sites development will also need to include a route for large vehicles to access Wessex Waters storm water storage and pumping facility to the west of the application site and the indicative layout plans at Appendix 3 illustrate how such a route could be provided through the development.
1.1.5
Programme for Implementation
The site is currently occupied by an existing business that will need to relocate to new premises to allow for the sites more efficient use for residential development. In that context, it is requested that the period for the commencement of development and the seeking the Councils approval for the reserved matters be extended beyond the normal three year period to five years.
1.2 The Boatyard Site Planning Application

The Planning Committee resolved to grant outline planning permission for the development of the Boatyard site with 85 houses and flood defence works at on the 26th June 2012. A copy of the report about that application is attached at Appendix 4. The minutes of the meeting state that the Committees decision was to:
GRANT PERMISSION subject to conditions and the further observations of Natural England, the SDC Ecologist and a S106 agreement relating to maintenance of flood defences, surface water drainage and contributions in respect of policies RLT2 and RLT3. In addition, S106 requirements relating to an uplift review on infrastructure contributions for education and affordable housing following completion of each reserved matters phase of development should be secured.
It is understood that work is ongoing to conclude the s106 agreement. 1.2.1 Indicative Layout
The planning application included an indicative layout that is shown on the drawing at Appendix 5.
1.2.2
Access Arrangements
The proposals for access to the Boatyard site are shown in the drawings attached at Appendix 6. Vehicular access to that site would be via Smith Way, rather than through the remainder of the H17 allocation. 1.2.3 Flood Risk Mitigation Proposals
The proposals in the Boatyard application included works to develop a new flood defence along the sites frontage with the River Brue. The proposals are shown in the plan at Appendix 7. 1.2.4 S106 Obligations
The Councils Planning Committee resolved to grant outline planning permission for the sites development after considering a viability study (see: http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=752663&ren=170446) and, in particular, the cost of providing the flood defence works along the sites frontage. The study used the HCA viability tool and assumed a development of 95 dwellings with approximately 8,000 square metres of development on the site. It concluded that the sites value following completion of the development (allowing for s106 costs of 150k) would be in the region of 1.12m against an existing use value of 2.25m. This assumed that the cost of developing the flood defence would be 2.375m. On that basis, the proposals for the Boatyard site do not incorporate any affordable housing or financial contributions towards off site open space or education facilities.
1.3 Summary of Revisions to Current Application

1.3.1 Proposals
The proposals in this application have been amended to reflect the proposals for the Boatyard site and the Councils resolution to grant permission for them. 1.3.2 Relationship to Boatyard Site
This application forms part of the site allocated for residential development under saved Local Plan policy H17. The allocation also covers the land at the Boatyard site. The planning application for the development of this site was submitted in 2007 but has been held in abeyance pending the proposals for the Boatyard site coming forward together with proposals for flood defences on that site. The illustrative layout plans at Appendix 3 incorporate the outline proposals for the Boatyard site. They illustrate how a green area could be retained between the two parts of the H17 site to accommodate the existing public footpath and sewer and its easement. There is an opportunity to include this area as a landscaped corridor of public open space at the reserved matters stage. 1.3.3 Housing Numbers and Mix
The precise number of dwellings to be accommodated within the site and the mix of dwelling types is not specified in this application. The original application was for 90 dwellings, but it included a phased flood defence solution within the site. These revised proposals no longer include a phased flood defence solution within the site. The proposed number of homes proposed on the site has therefore now been amended to up to 105 dwellings to make better use of the site.
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The indicative layout plans at Appendix 3 illustrate how the site could be developed to provide 102 dwellings. Although the previously submitted indicative layout included a substantial proportion of flats, the revised indicative layout shows the majority of the new homes as houses, rather than flats. It should however be noted that the site could be developed in a number of different ways, depending on the eventual developers proposed mix of homes. The submitted indicative layout simply shows one way in which the site could be developed in an appropriate manner that reflects the sites context and constraints. The Core Strategy notes that the Councils housing priorities include a wider range of housing types, including family housing, to create a better balance between local housing demand and supply as recommended in the Strategic Housing Market Assessment (SHMA). The proposals in this application provide an opportunity to address those priorities. The precise number and mix of dwellings will however need to be determined at the reserved matters stage. This application is therefore seeking to establish the principle of the sites residential development with up to 105 dwellings. 1.3.4 Access Arrangements
The access arrangements off Newtown Road remain as originally proposed. However, in the context of the proposals for the Boatyard site that will take access off Smith Way, the application no longer proposes a vehicular access into the Boatyard site. The proposals do however provide an opportunity to develop pedestrian and cycle links from the site to the Boatyard site and Apex Park and the existing foot and cycle path network in the area. 1.3.5 Flood Risk Mitigation
The proposals for flood risk mitigation in this application are set out in the addendum to the Flood Risk Assessment at Appendix 8. The proposals within the site comprise:
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the adoption of minimum ground levels across the site; the development of new homes with finished floor levels at least 300mm above the finished ground levels; and surface water mitigation on site and disposal via an existing outfall to the west.
The sites development will rely on the development of the flood defences for the Boatyard site either coming forward as part of that sites development over the next 15 years, or the implementation of an alternative flood defence on the Boatyard site by the Council and its partners, funded by the Community Infrastructure Levy and other funding streams (see section 6.1.1 below).
2.0 Current Planning Policy

2.1 The Development Plan
This planning application should be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan for the area has materially changed since the submission of the application in 2007. 2.1.1 Sedgemoor Local Plan
There are a number of saved policies in the Local Plan that remain relevant to the determination of this application including: 2.1.2 H17 that continues to allocate this site for residential development as part of a larger site that includes the Boatyard; RLT2 and RLT3 that relate to the need to provide outdoor space to serve new residential development. Sedgemoor Core Strategy
The Council has however now adopted its Core Strategy. The Vision 1 set out in the Core Strategy is that Highbridge will be safe and protected from the risks of rising sea levels and flooding. New and improved flood defences will have enabled brownfield sites to be developed, providing a range of house types with a particular emphasis on family homes.
Policy P3 supports housing proposals that maximise brownfield development within the existing urban area of Highbridge (as defined on the 'saved' Local Plan Proposals Map and spatial diagram) through appropriate infill and redevelopment opportunities where they meet local housing priorities, particularly the provision of family and affordable housing. The Core Strategy Place Making section notes that in Highbridge, the main flood risks are from both tidal flooding (through the overtopping and breaching of defences) and surface water. Two areas are identified in the SFRA as having potential for strategic flood risk management solutions, one being at the Boatyard site on the River Brue and the other being the tourism area at Brean (which is at risk from potential overtopping from the River Axe). The Councils resolution to grant outline planning permission for the residential development of the Boatyard site demonstrates the feasibility of bringing forward a strategic flood risk solution on that site. The Core Strategy notes that the Council will use the Community Infrastructure Levy (CIL) to secure contributions towards core infrastructure in the area, including for flood defences to mitigate flood risk. It suggests at 3.41 that a tariff/CIL approach is used in Highbridge to fund the capital cost of flood defences that are expected to outstrip what could reasonably be paid for by single developments located closest to the points of breach. Policy S2 provides the basis on which an SPD will be prepared to set out in more detail the approach towards the delivery of strategic infrastructure. It states all development proposals in Highbridge will be required to provide a contribution towards core infrastructure i.e. flood risk management and transport and the public realm. It states that planning obligations will continue to be used to secure affordable housing, education, open space and other infrastructure. It also confirms that viability issues will be taken into account when determining the scale and nature of any contributions towards core infrastructure and planning obligations.
Policy S3 seeks to promote sustainable development, including the reuse or previously developed land and buildings within settlements such as this application site. Policy D1 deals directly with flood risk and notes that development on allocated sites such as this do not need to address the sequential test. The supporting text to this policy confirms the Councils approach that is outlined elsewhere in the Core Strategy and states at 5.14:
In partnership with the Environment Agency tidal flood defences will be delivered as part of the Council's infrastructure delivery strategy, this includes a tariff approach for securing contributions towards the strategic defences at Burnham-on-Sea & Highbridge as set out in Policies S2: Infrastructure Delivery and P3: Burnham-on-Sea & Highbridge.
Policy D2 seeks to promote high quality and inclusive design. Policy D4 seeks to ensure sustainable development. Policy D5 sets out the Councils policy in respect of affordable housing.
2.2 National Planning Policy Framework

The NPPF has been published following the submission of the original planning application. It sets out a presumption in favour of sustainable development such as that proposed on this site.
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3.0 Consultation
3.1 Previous Engagement
The original planning application sets out the extent of the previous engagement about this sites development.
3.2 Subsequent Discussions with the LPA

Meetings with the local planning authority have taken place over the last two years and have informed this revised submission.
3.3 The Environment Agency

Informal discussions have taken place with the Environment Agency in connection with the revised proposals for the sites development in the context of their comments on the separate outline planning application for the development of the Boatyard. The local planning authority will formally consult the Environment Agency about these revised proposals.
3.4 Other Stakeholders

Town Council The applicant is intending to attend a future meeting of the Town Councils Planning Committee to discuss the proposals with them.
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Boatyard site owners These proposals have been developed following the local planning authoritys resolution to grant outline planning permission for the Boatyard sites development. The current owner of the Boatyard is in discussions with the Council about the s106 agreement to secure the flood defences on that site.
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4.0 Key Issues

4.1 Principle of Development
The site is covered by saved Local Plan policy H17 that allocates the site and the adjacent boatyard site for residential development:
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The residential development of the H17 allocation is supported by Core Strategy Policy P3. The Councils most recent 5 Year Land Supply Report (http://www.sedgemoor.gov.uk/CHttpHandler.ashx?id=9462&p=0) suggests that this site and the Boatyard site will deliver about 80 dwellings over the next 5 years and the remainder of the homes (estimated at 70) over the following 5 years. The H17 site is therefore identified as making an important contribution to the Councils 5 year housing supply. The Core Strategy seeks to prioritise the development of previously developed sites in Highbridge such as the H17 allocation in the context of the large scale green field development that is planned at Brue Farm. It is therefore important that this site comes forward at the earliest opportunity.
4.2 Phasing with Boatyard Site

The local planning authority has resolved to grant permission for the Boatyard sites residential development utilising an independent access off Smith Way. The development of this site will be separated from the Boatyard site by the route of an existing public footpath and sewer and its associated easement and it will include separate proposals for surface water drainage. The proposals for this site can therefore be developed independently from those for the Boatyard site.
4.3 Flood Risk

In considering the application for the development of the Boatyard site, the Environment Agency raised no objections to the proposals subject to the imposition of conditions (see correspondence at: http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=792625&ren=184045 and http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=830106&ren=194987). The conditions will require, inter alia, the submission of further details of the proposed flood defence works along the sites frontage with the River Brue, completion of those works prior to the occupation of any part
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of the development and a 6 metre easement along the top of the defences. The defences will be developed and maintained by the developer or their successor in title. The Councils Core Strategy suggests that a tariff based approach be developed to bring forward the flood defences that are required to serve Highbridge and the H17 allocation, including this site. However, it is understood that the Council is now, in the context of its resolution to grant outline planning permission to develop the Boatyard site, intending to rely on that development coming forward within a reasonable timescale to deliver the flood defences required in this area. The flood defences planned on the Boatyard site (see Appendix 7) will, together with the proposals to raise ground and finished floor levels of buildings within the application site, provide the necessary protection for future occupiers of this site against flood risk. However, in the event that the Boatyard sites development and the associated flood defences do not come forward within a reasonable timescale, the Council will be able to use funding secured through CIL and other sources to work with its partners to bring forward the flood defences that are required in this area, in accordance with the proposals in its Core Strategy. The addendum to the FRA for this site (see Appendix 8) notes that the risk of tidal flooding on this application site would not become significant until after the Core Strategy period (i.e. 2027). The full length of the Core Strategy period (15 years) would therefore be available for the Council and its partners to secure the funding and implementation of the flood defence works on the Boatyard site in the unlikely event that its residential development does not come forward during this period.
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Furthermore, in the event that the Council and its partners were required to step in an complete the flood defence works on the Boatyard site, they would not
need to be as extensive as the works shown in the current Boatyard site application and would therefore be of a significantly lower cost than the 2.35m estimated in that application.
The approach set out in the Core Strategy is essential to unlocking the development of this and other previously developed sites in Highbridge that will assist in the towns regeneration. It is particularly important, in the context of the Councils resolution to grant outline planning permission for the residential development of the greenfield site at Brue Farm and its Vision, to see brownfield sites redeveloped in preference to greenfield sites. The applicants would (in advance of the Council introducing a CIL) be willing to provide a proportionate contribution to the cost of the flood defence works that are required on the Boatyard site via a s106 agreement. The contribution would need to be based on the cost of such works being the minimum necessary to provide the flood defences (rather than the proposals in the current outline application to develop the Boatyard site). The contribution could be payable prior to the use or occupation of the first dwelling on the site and would be refunded if it were not used to bring forward the flood defence works on the boatyard site within a specific period. The developer would also need to be released from making such a contribution in the event that the developer of the Boatyard site brings them forward as part of that sites development. This approach would ensure that the sites development is not delayed by the Boatyard sites development, but the Council and its partners would have an opportunity to develop the flood defences on the Boatyard site in the event that they were not completed within a reasonable timescale. In the meantime, and subject to the provision of minimum finished ground and floor levels, the site would not be at an unacceptable risk of flooding.
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4.4 Surface Water Disposal

The proposals for this site also incorporate arrangements for the disposal of surface water via an outfall to the west of the site, rather than through the Boatyard site (see Appendix 8). This will avoid the need for costly excavations to provide an outfall through the Boatyard site and will also ensure that this site can be developed independently from that site.
4.5 Transport
The Boatyard site application was accompanied by a Transport Assessment and Addendum that assumed that it would accommodate up to 95 dwellings (although the application for that site is now for only 85 dwellings), the Market site would accommodate 75 dwellings and this application site would accommodate up to 100 dwellings (see documents at: http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=813092&ren=190986 and http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=813121&ren=191000). It also takes into account the development planned at Brue Farm and Caxton Road. The Council, in resolving to grant permission for the development of the Boatyard site accepted the findings of the Transport Assessment and Addendum and the County Councils Highways Officer raised no objections to the proposal subject to the imposition of conditions (http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=829173&ren=194702). This original application was accompanied by a Transport Assessment (TA) in accordance with the requirements of Core Strategy policy D10. However, since that time, further developments have come forward within Highbridge and these have been taken into account in the TA prepared for the Boatyard site. No
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further TA is submitted with this application on the basis that the TA submitted for the Boatyard site analysed the impacts of its development on the highway network in the area on the assumption that this site would be developed with 100 dwellings. The current proposals are to develop this site with up to 105 dwellings, similar to the number of dwellings used in the assumption in the Boatyard site TA. On the basis that the County Council had no objections to the transport impacts of that sites development, it is anticipated that a similar conclusion will be reached in respect of the transport impacts of this sites development.
4.6 Contamination
The position in respect of the sites contamination has not materially changed since the submission of this application in 2007. The site is contaminated and it is anticipated that this will need to be addressed by, inter alia, providing approximately 0.6m of clean cover across the site in accordance with the recommendations in the Ground Investigation reprt that was submitted in 2006 (see: http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=225316&ren=17361). Planning conditions could be imposed on the permission requiring further investigations and remediation of the site as part of its development and the raising of land levels across the site would accord with the approach to addressing flood risk.
4.7 Ecology
The original application was accompanied by an Ecological Report dated October 2006 (http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=225278&ren=17336) that noted that most of the application site consists of active and disused commercial units and associated car parks and working yards with only fragmentary vegetation. It noted that no protected species were
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found on the site and that the habitat is unsuitable for most. It concludes that the site itself was largely of minimal conservation value. Circumstances in respect of the site itself have not materially changed since October 2006 and the application is not therefore accompanied by any further surveys. The 2006 survey suggested proposals for the mitigation of the potential impacts of the development on the ecology of the site and the wider area and these could be secured by planning conditions. The Boatyard planning application was accompanied by: an Ecological Survey at http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=752652&ren=170439 that concluded that further detailed surveys were required and recommended mitigation works; a Reptile Survey at http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=752654&ren=170444 that concluded that there were no reptiles on the site during the time of the survey; and an Over Wintering Bird Survey at: http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=813102&ren=190991 that concludes that the sites development would be unlikely to result in significant adverse impacts upon the features of interest of the Severn Estuary SPA. Natural England commented on the Boatyard site application (see: http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=840643&ren=197713) and recommended, inter alia, that green space and biodiversity enhancements should be incorporated into the sites design to reduce the impact of visitor pressure on birds and the adjoining European Nature Conservation sites. They also recommended that conditions be imposed to, inter alia, require mitigation measures to avoid the disturbance of birds arising from works of demolition and development.
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It is reasonable to conclude that the impact of this sites development on the SPA will be no more than that for the Boatyard sites development and that mitigation measures could also be secured by planning conditions on this site.
4.8 Archaeology
The original application is accompanied by a desk top archaeology study that was also submitted with the outline planning application for the Boatyard site. In response to the application to develop the Boatyard site, the County Councils Archaeologist recommended that a condition be attached to any permission requiring the implementation of a programme of archaeological work (see: http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=761611&ren=173631P). A similar approach is suggested on this site, bearing in mind its previously developed nature and that the site is currently occupied (which limits the possibility of field evaluation at this stage).
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5.0 Design
5.1 Circular 01/2006
This Circular provides guidance about the content of design and access statements for outline planning applications such as this where all matters except the details of the proposed means of access are reserved for subsequent approval.
5.2 Site Context

An analysis of the sites context is included in the original design and access statement that was prepared to accompany this application and that is available at: http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=225275&ren=1884
5.3 Design
5.3.1 Proposed Use
The proposal is to redevelop the site for residential uses within Class C3. 5.3.2 Amount
The proposal is to demolish the existing buildings on the site and to redevelop it with up to 105 dwellings. The existing buildings on the site have a footprint of approximately 4,000 square metres and the proposed new dwellings would have a gross floor area of up to about 10,000 square metres.
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5.3.3
Indicative Layout
The plans at Appendix 3 include an indicative layout to illustrate one way in which the site could be developed. All new homes will need to be sited so that their finished floor level is at least 0.3m above the proposed finished ground levels that will be 6.7m AOD in the southern part of the site and 6.5m AOD in the northern part, reducing to 6.35m AOD in proximity to the proposed site access, to mitigate the risk of flooding. The finished floor levels of all new dwellings will need to be at least 0.3m above these proposed finished ground levels. Core Strategy policy D2 seeks to ensure high quality and inclusive design. The proposals in the indicative layout have been developed to address the requirements of this policy (insofar as it is possible at this outline stage) by, inter alia: responding to the local characteristics of the site and the identity of the surrounding area by, for example, illustrating how new homes could be designed to front Apex Park and the proposed open space between the site and the Boatyard site and by respecting the neighbouring properties to the south; taking into account climate change by ensuring that finished ground and floor levels across the site address the risk of flooding in the area; will help to create a safe and attractive open space between the site and the Boatyard to the south around the existing footpath route and will help to increase casual surveillance of Apex Park and the well used route along its northern boundary; contributing to the public realm by enhancing the link to Apex Park and providing attractive street scenes within the site;
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responds to the existing adjacent residential developments by maintaining their amenity and siting new homes to avoid avoiding overlooking and overshadowing in accordance with Core Strategy policy D16;
promotes safety and security through ensuring existing and new routes have new homes fronting them, provides attractive routes through the site; makes the most efficient use of land through an appropriate density (about 40 dwellings per hectare) that illustrates how the site could be developed to address the housing requirements in the Councils SHMA (that notes a need for more family homes with a lesser need for flats, particularly those with only one bedroom) and Core Strategy policy D5;
will be accessible to all potential users using a range of transport modes, including walking, cycling and public transport; will be integrated into existing patterns of movement and be permeable by retaining existing public highways in the area and providing new opportunities for people to travel through the site in both north/south and east/west directions;
will create good connections to the wider area with a clear network of routes for walking and cycling using legible routes through the site that will be supported by open space and corridors to adjacent areas;
will fully consider climate change, particularly the risk of flooding.
The development of detailed proposals at the reserved matters stage will provide further opportunities to address the above matters.
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5.3.4
Scale
The proposed new dwellings will be between two and three storeys in height. The dwellings will therefore have eaves heights of between approximately 5m and 8m and roof ridge heights of between approximately 7m and 13m. The footprint of each of the dwellings will vary so that the width of each dwelling is between approximately 4m and 12m and the depth is between approximately 5m and 12m. 5.3.5 Appearance
The appearance of the proposed dwellings is reserved for subsequent approval, but is anticipated that the palette of materials will include some traditional red/orange brick and/or rendered elevations under tiled and/or slate roofs, with the use of more modern materials incorporated to ensure a locally distinctive, but high quality appearance. 5.3.6 Landscaping
The details of the proposed landscaping of the site are reserved for subsequent approval, but the overall landscaping strategy will be to: retain and reinforce the hedgerow along the sites north west boundary with Apex Park, whilst ensuring some glimpses from the park to the site and vice versa; retain an open area adjacent to the sites southern boundary adjacent to the Boatyard; provide a landscaped buffer along the sites western boundary;
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wherever possible, front new dwellings onto the public realm, including the footpath between the Boatyard and this site, Apex Park and the footpath and cycleway along the sites northern boundary.
5.3.7
Sustainability
The proposed new homes will be developed to a minimum Code for Sustainable Homes Level 3 in accordance with Core Strategy policy D.3. The detailed applications that will be required at reserved matters stage will demonstrate how sustainable construction principles are incorporated within the development in accordance with Core Strategy policy D3. 5.3.8 Transport
Core Strategy policy D10 seeks to ensure that development proposals are accompanied by a TA (see section 4.4 above). This application was accompanied by a TA that demonstrates the sites accessibility. The site has good accessibility that has not materially changed since the submission of the original TA in 2007. Planning conditions could be used to secure the implementation of a Travel Plan in accordance with the Statement of Intent that was submitted with the original application (see: http://www.sedgemoor.gov.uk/planning%20online/RamNetRecord.aspx?rec=225340&ren=17385). 5.3.9 Access
The main vehicular access will be off Newtown Road. The details of this proposed means of access are show in the plan at Appendix 2 and detailed approval is sought for this plan as part of this application.
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The main access of Newtown Road will also be the principal access for service and emergency vehicles. A route will also be provided for service vehicles to the Wessex Water works to the west of the site. Pedestrian and cycle access will also be provided to Apex Park and to the sites boundary with the Boatyard to the south and existing footpaths in the area. 5.3.10 Rights of Way The proposals seek to maintain the existing right of way (public footpath) along the sites southern boundary and to provide connections to that route from within the site. The route is shown on the indicative layout plans at Appendix 3. 5.3.11 Disabled Access The site is relatively level and routes through the site will be developed to ensure access for those with limited mobility. It may also be possible to develop some of the homes to meet the Lifetime Homes standards. 5.3.12 Parking The indicative layout at Appendix 3 has been developed on the basis that the development will need to meet the County Councils Parking Strategy requirements and to accommodate an average of 1.5 spaces per home. Cycle parking could be provided for each new home and details of how this would be provided will be included in the detailed proposals that will be submitted at the reserved matters stage.
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6.0 S106 Heads of Terms

6.1.1 Flood Risk Mitigation
The proposals in this application do not include any specific flood mitigation works, other than ensuring that finished ground and floor levels of new dwellings meet or exceed the levels specified in the addendum to the original FRA that is attached at Appendix 8. It is however recognised that the sites development should, in advance of the introduction of CIL, contribute towards the cost of the flood defences within the Boatyard site in the event that they are not brought forward by the developer of that site within the next 15 years (i.e. before 2027). The Councils Infrastructure Deliver Strategy (see: http://www.sedgemoor.gov.uk/CHttpHandler.ashx?id=6982&p=0) notes at 3.6.1 and in Figure 9 in relation to the need for flood defences in Highbridge that a fair spread of costs across both existing and proposed dwellings, results in developer contributions closer to those considered viable i.e. in the region of 1,000 per dwelling. The suggested costs of the flood defences required on the Boatyard site in the Councils Infrastructure Delivery Strategy (3m to 5m) are however substantially higher even than those for the works set out in the Boatyard planning application (2.35m), and substantially more than our own estimates for the works that would necessary to develop a flood defence on that site. The FRA Addendum at Appendix 8 sets out the anticipated costs of providing a flood defence and notes that the development of such a defence would, on its own and including an allowance for the future maintenance of those works, be less than 1m. This cost assumes that the Boatyard sites residential redevelopment does not come forward as anticipated in the current outline planning application for that site and that the length of the flood defence would therefore be substantially less than anticipated in that application.
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The applicant would therefore be willing to enter into a s106 agreement to provide a proportionate contribution to the overall cost of developing and maintaining a new defence on the Boatyard site in the event that that sites development does not come forward within a reasonable timescale. The proposals for the sites development could, if 105 new homes were developed, generate a New Homes Bonus in the region of approximately 930,000 (1476.19 x 105 x 6) assuming average band D properties across the site. This funding could also be used to help fund the flood defences that will be required on the Boatyard site in the event that the current owner does not bring these forward. 6.1.2 Affordable Housing
The Councils Core Strategy seeks to ensure that previously developed sites such as this deliver 15% affordable housing with 70% of that affordable housing being available for social rent and 30% being available for intermediate (e.g. shared ownership or sub market rent). The Councils desire is to secure the following mix of affordable housing:
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On this site, where the proposal is to develop up to 105 new homes, policy D5 seeks to secure up to 15 new affordable homes, with 10 of those being available for social rent and 5 for intermediate housing. The overall mix of such homes that would be required to meet the mix suggested in policy D5 is approximately: Social Rent 1 bed flats 2 bed flats 2 bed house 3 bed house 2 2 5 1 Intermediate 2 1 1 1
A separate viability appraisal will be prepared on a similar basis to that prepared for the Boatyard site. It will be submitted to the local planning authority in confidence and under separate cover. The appraisal will assess the potential for the site to deliver a proportion of affordable homes in the context of the sites existing use value for storage and distribution and general industrial uses, and the anticipated abnormal costs of developing the site (including the cost of demolishing the existing buildings and addressing the sites contamination and risk of flooding). However, as an alternative to undertaking a viability appraisal, the applicant is willing to offer the following affordable housing within the development: 15% of the total number of homes on the site (as shown in the approved reserved matters applications) as affordable housing (up to a maximum of 15 homes);
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50% of that affordable housing being available for social rent and 50% being available as intermediate housing; and the following approximate mix of new homes (expressed as a proportion of 100%): Social Rent 1 bed flats 2 bed flats 2 bed house 10% 10% 30% Intermediate 10% 10% 30%
The above table would need to be incorporated into a s106 agreement. This proposals is made on the basis that the only other s106 contributions that would be required are for outdoor sports space off site and a reasonable financial contribution towards the cost of the Boatyard flood defences (in the event that they do not come forward within a period of 10 years). 6.1.3 Transport
The proposals do not incorporate any off site highway or transport works as part of the application and it is not therefore anticipated that there will be any s106 obligations required in respect of transport and highways.
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6.1.4
Education
The County Councils comments in respect of the Boatyard sites development suggested that there is already a shortfall in primary school places in the area.
However, the figures in the County Councils School Organisation Plan 2012 are different to those quoted above. The 2012 Plan suggests that primary schools within the Burnham Area will, according to current predictions, have a deficit of 5 places in 2014:
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The County Councils School Organisation Plan has also changed substantially from its 2011 Plan that predicted that the area would have a surplus of primary school places to at least 2015:
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The above tables illustrate the volatility of primary school capacity in the area. In the development proposed on this site, it is likely that a proportion of the new homes, if they are to meet the increasing need for family homes identified in the Councils Core Strategy, will be occupied by children who already live in the area. Furthermore, there are currently proposals in the pipeline (Somerset County Council planning application ref. 1/11/12/086) to develop a further classroom (increasing the number of classes from 10 to 11) at St Andrews CE Junior School and to provide a new primary school as part of the Brue Farm development (11/11/00107) to the south of Highbridge. These developments already have funding and will substantially increase primary school capacity in the area. They do not however appear to have been taken into account in the School Organisation Plan.
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Taking the above considerations into account and the number of surplus places at the King Alfred School, it is unlikely that the proposed development of this site will generate a need for additional school capacity in the area beyond that which is currently planned. In the context of the above, the application does not include any contribution towards education facilities in the area and accords with Core Strategy policy D18. 6.1.5 Outdoor Space
The Council produced an SPG about Outdoor Space in 2007 to supplement saved Local Plan polices RLT2 and RLT3. The saved Local Plan policies and SPG suggest that new residential development should either provide on site or contribute to the provision off site of outdoor play and sports space. The indicative layout plans show how an area of open space could be provided between this site and the Boatyard site to the south. An area will also be provided as open space at the western end of the site to help integrate the development with Apex Park and the adjacent important habitat. The overall are of this outdoor space is approximately 0.5ha. Saved Local Plan policy RLT2 requires that 20 square metres of childrens outdoor space be provided per dwelling and policy RLT3 requires 40 square metres of outdoor sites for sport. The proposal is to develop the site with up to 105 dwellings and the proposals would therefore require up to 0.21ha of outdoor play space and 0.45ha of outdoor sports space. Although the proposed outdoor space between the Boatyard site and this site could be laid out to provide outdoor play space, the site is adjacent to Apex Park where there is an existing outdoor play area that is accessible by walking or cycling. It is not therefore anticipated that this outdoor space will be equipped as a play space or that any contribution will be required to the provision of off site outdoor play space under the requirements of Local Plan policy RLT2.
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However, a contribution could be provided towards the provision of outdoor sports space off site, taking into account the overall level of outdoor space to be provided on site and the requirements of Local Plan policy RLT3, providing that the Council is able to identify a specific requirement for such provision to serve this development to meet the CIL Regulations. The proposed outdoor space is of an appropriate type, standard and size for the development. It is anticipated that it will either be transferred to the Council or the Town Council for their future maintenance, or it will be maintained by a management company to be established by the sites developer in accordance with Core Strategy policy D20.
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7.0
Conclusion
The revised proposals in this application will help deliver the regeneration of this brownfield site that is in an accessible location in Highbridge. It will help meet the housing requirements set out in the Core Strategy and, with the development of the adjacent Boatyard site, will meet the requirements of saved Local Plan policy H17. The indicative layout illustrates one way in which the site could be developed with up to 105 new homes that would help meet the need for more family housing that is set out in the Core Strategy. Previous studies about the transport and ecological impacts of the Boatyard sites development demonstrate that the revised proposals for this site will not harm the ecology or transport infrastructure in the area. The Councils resolution to grant permission for the Boatyard sites development demonstrates that it is feasible to bring forward the flood defences on that part of the H17 allocation. However, in the event that the Boatyard sites development and the associated flood defences are not brought forward within a reasonable timescale, the Councils Core Strategy confirms that the preferred approach will be for the Council and its partners to develop those defences using CIL and other funding sources. The site will not be at an unacceptable risk of flooding until after 2027 and there is therefore a significant period available to bring forward the Boatyard site flood defences. The applicant is willing to provide a proportionate contribution towards the cost of developing the flood defences on the Boatyard site via a s106 obligation (in the event that these are not brought forward within a reasonable timescale by the developer of that site). The applicant is also willing to provide 15% affordable housing on site and to make a financial contribution towards outdoor sports space off site. The proposals will, subject to planning conditions and s106 obligations, accord with the development plan.
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Appendices
Appendix 1: Site Location Plan
Appendix 2: Access Details
Appendix 3: Indicative Layout Plans
Appendix 4: Boatyard Site Committee Report and Minutes
Appendix 5: Boatyard Site Indicative Layout
Appendix 6: Boatyard Site Access
Appendix 7: Boatyard Site Flood defence Works
Appendix 8: FRA Addendum

010-158-233233 Planning Statement October 2012

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010-158-233233 Planning Statement October 2012

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Gaia Partnership, Sedgemoor DC and Wessex Water Outline Planning Application for Residential Development of Land at Newtown Road,

Prepared by: Checked by: Verified by:

Signed: Signed: Signed:

Status Draft for Review First Revisions Second Revisions FINAL

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Programme for Implementation

1.2 The Boatyard Site Planning Application

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1.3 Summary of Revisions to Current Application

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2.0 Current Planning Policy

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2.2 National Planning Policy Framework

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3.2 Subsequent Discussions with the LPA

3.3 The Environment Agency

3.4 Other Stakeholders

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4.0 Key Issues

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4.2 Phasing with Boatyard Site

4.3 Flood Risk

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4.4 Surface Water Disposal

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5.2 Site Context

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will fully consider climate change, particularly the risk of flooding.

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6.0 S106 Heads of Terms

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Appendix 1: Site Location Plan

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Appendix 2: Access Details

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Appendix 3: Indicative Layout Plans

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