CH/17/135

Garage court at George Brealey Close, Rugeley, WS151DD

Residential Development:- Demolition of garage court and erection of 2No.

two bed houses

3 objections received

ITEM NO. 6.144

Location Plan ITEM NO. 6.145

Existing Site Plan ITEM NO. 6.146

Proposed Site Plan ITEM NO. 6.147

Proposed Plans and Elevations ITEM NO. 6.148

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Application No: CH/17/135

Received: 29th

March 2017

Location: Garages at George Brealey Close, Rugeley WS15 1DD

Parish: Brereton and Ravenhill

Ward: Brereton and

Description: Residential development: Demolition of the garages and the erection of 2 dwellings

Application Type: Full

Recommendation: Approve

Reason for Granting Permission

In accordance with paragraphs (186-187) of the National Planning Policy Framework the Local

Planning Authority has worked with the applicant in a positive and proactive manner to approve the

proposed development, which accords with the Local Plan and / or the National Planning Policy

Framework

Reason for Committee Decision: The Council is the applicant and the Council own the site.

Conditions

1. The development to which this permission relates must be begun not later than the

expiration of three years beginning with the date on which this permission is granted.

Reason

To comply with the requirements of Section 91 of the Town & Country Planning Act

1990.

2. No development hereby approved shall take place, until a Construction Method

Statement has been submitted to, and approved in writing by, the Local Planning

Authority. The approved Statement shall be adhered to throughout the construction

period. The Statement shall:

i. specify the type and number of vehicles;

ii. provide for the parking of vehicles of site operatives and visitors;

iii. provide for the loading and unloading of plant and materials;

iv. provide for the storage of plant and materials used in constructing the

development;

v. provide for wheel washing facilities;

vi. specify the intended hours of construction operations;

vii. measures to control the emission of dust and dirt during construction

viii specify method of piling should piling be undertaken

Reason

In order to comply with Para 32 of the National Planning Policy Framework.

ITEM NO. 6.149

3 Prior to the dwellings hereby approved are first occupied a scheme for the disposal of

surface and foul water (including the results of a percolation test for soakaway design

solutions) shall be submitted to and approved in writing by the Local Planning

Authority. Any scheme submitted shall include the relationship of any part of the

disposal system in respect to the root protection areas of retained trees. The dwellings

shall not be occupied until the works comprising the approved scheme have been

implemented in full.

Reason

To ensure that foul and surface water are adequately disposed of in the interests of

flood prevention and the protection of the aquatic environment.

4. Ground Contamination Investigation and Remediation

5. Prior to the first use of the development, the parking and turning areas shall be

provided as per the submitted Drawing no 2375-09-04 Rev A and thereafter retained

for those purposes only for the life of the development.

Reason

In order to comply with Para 32 of the National Planning Policy Framework.

6. Prior to the first use of the development a system of surface water drainage shall be

installed on the site to prevent surface water discharging onto or off the public

highway. The system shall then be maintained in an operational manner thereafter.

Reason

In order to comply with paragraph 32 of the National Planning Policy Framework.

7. The external materials to be used in the construction of the dwellings hereby approved

shall be

(a) Carlton Brick Wolds Minster Blend (red) Marley Cedral

Weatherboarding facing bricks for the walls, and

(b) Sandtoft Calderdale concrete interlocking roof slate (dark grey) for the

roof,

unless otherwise approved in writing by the Local Planning Authority.

Reason

In the interests of visual amenity and to ensure compliance with Local Plan Policy

CP3 and the National Planning Policy Framework.

8. Notwithstanding the details shown on the approved plan the height of the fence along

the boundary shared with No9, No6 and No 5 George Brearley Close shall be 1.8m

unless otherwise agreed in writing by the Local Planning Authority.

Reason

In the interests of protecting the amenity of the occupiers of the neighbouring

properties in accordance with Policy CP3 and the NPPF.

ITEM NO. 6.150

9. Before the development commences the applicant is required to submit a Tree

Protection Plan in order to ensure the protection of the 3 Sycamore Trees labelled as

T1,T2 and T3 together with the Silver Birch Tree located in the rear garden of No 5

George Brearley Close during the construction and implementation phases of the

development.

Reason

To maintain the amenity of neighbouring properties and to ensure the protection of

the existing 4 trees that border the existing site during the construction and

implementation phases of the development.

10. The development hereby permitted shall be carried out in accordance with the following

approved plans and documents:

Drawing No 2375-09-01 – Location Plan – Dec 15

Drawing No 2375-09-03 – Site Survey & Location Plan – Dec 16 Drawing No 2375-09-04 – Rev A – Site 09 – Site Plan – Jan 17

Drawing No 2375-09-05 – Site 09- House Type B – 2 Bed 4 Person – Plans and Elevations

Drawing No 2375-09-06 – Site 09 – Landscape Proposals

Extended Phase 1 Ecological Survey – By Dr Stephen Bodnar – November 2017

Tree Survey and Arboricultural Assessment V1 – by Peter Jackson – 9th April 2017

Investigation Works Report by Arc Environmental – 14th June 2015

Reason

For the avoidance of doubt and in the interests of proper planning.

Notes to the Developer

1. The Environmental Health Officer has advised that the applicant is required to apply

for a demolition notice under the provisions of the Building Act 1984 where the

standard demolition notice conditions should be applied. The demolition process

should accord to the British Standard BS6187: 2011 Code of practice for demolition.

An asbestos survey of the existing building will be required prior to demolition; any

asbestos identified will need to be removed via a specialist contractor with the waste

transfer documentation retained by the developer.

2. In respect of the condition construction hours will need to accord to the Control of

Pollution Act 1974.

EXTERNAL CONSULTATIONS

Brereton and Ravenhill Parish Council

No objections – subject to the provision of a condition.

The Council being satisfied either there is no need for garage premises or suitable alternative

premises are provided, and [b] a condition to restrict construction hours as the developments

are in residential areas.

Staffordshire County Council Highways

No objections subject to a condition.

ITEM NO. 6.151

INTERNAL CONSULTATION COMMENTS

Strategic Housing

No objections.

This site is in the owned by Cannock Chase District Council and the Council’s Cabinet

approved the proposed affordable housing scheme subject to obtaining planning approval in

March 2017. Two bedroom rented accommodation is in high demand within the District and

this scheme will contribute to meeting this need.

Environmental Health

No adverse comments are offered from Environmental Protection as regards the principle of

this redevelopment. The demolition of the garages should be properly controlled in

accordance with good practice with specialist attention paid to the roofing elements should

this be confirmed as asbestos cement sheeting.

Satisfied with the conclusion that confirms that no ground gas protection measures will be

necessary for this development.

Slightly elevated concentrations of speciated PAH’s have been identified at the location of

BH3 which may need remediation depending on the location of the it in the final scheme. A

remediation strategy should be submitted prior to approval with any necessary works being

independently validated and reported.

Development Policy

No objections.

This site is identified as Site R115 in the Strategic Housing Land Availability Assessment

(SHLAA) 2016 and the background documentation to the site is that it is developable within

6 to 15 years.

It should be noted that the site is located within the Brereton and Ravenhill Neighbourhood

Area and that the Parish Council are preparing a Neighbourhood Plan for their Parish Area.

The site is a brownfield site within a sustainable located urban area which has been identified

in the SHLAA as having future potential for development. Therefore the principle of

development is considered acceptable at this location and is supported by the planning

principles set out in the National Planning Policy Framework and in the Cannock Chase

Adopted Local Plan Part 1, subject to the appropriate design principles that protect the visual

aesthetics of the local area and the amenity of the neighbouring properties.

The comments by the highway authority should be carefully considered as the redevelopment

of the garage site may displace the existing residents car parking onto the public highway,

and this may require mitigation within this development site.

Landscape and Tree Officer

Objections due to

ITEM NO. 6.152

Potential negative impacts on the trees known as T1,T2 and T3 which are in third party

ownership and protected by the existing planning condition in planning application

CH/13/104.

Ongoing maintenance and nuisance issues for existing trees casting vast amounts of shade

onto the rear gardens of the proposed two dwellings.

Lack of detailed information including the surface water and drainage.

The site has no formal landscape designation.

There are three trees within close proximity of the site. Two Sycamores and one Birch. All of

these are off site in third party land. The two sycamore trees are protected from any

detrimental actions via the planning condition attached to planning application CH/13/104, in

which the trees are conditioned to be kept and retained.

Reduction of the canopy of the T1 Tree by 30% will undoubtedly leave the tree with very

little foliage on the southern aspect. This goes against the principles within BS3998. Works to

the canopy on the opposite side of the tree cannot be approved under this application as it is

in a third party ownership and protected via a previous approval of planning permission under

planning application CH/13/104.

The close proximity of the trees T1, T2 and T3 will undoubtedly cause a long term

maintenance issues for all of the new residents. The rear amenity space of the new dwellings

will be in a constant shade.

The following details are outstanding

Details of the drainage and service runs are required. Under no circumstances should

a Soak-a-ways be located within tree canopies.

Details of hard works surface construction.

Ecology

No comments received.

Estates

No comments received.

RESPONSE TO PUBLICITY

The application was advertised by way of neighbour letters to the adjacent and nearby

residents and a site notice was placed adjacent to the site. 4 objections were received from

local residents that live on George Brearley Close and Springfield Avenue raising the

following issues: -

A number of Springfield Avenue residents have a rear access to the rear of their gardens and

some containing garages which are accessed off George Brearley Close.

Privacy, Light and Amenity

ITEM NO. 6.153

Concern relating to the impact of the side elevation of the proposed two storey properties on

the rear amenity and rear of single storey bungalow of no 6 George Brearley Close which is

deemed as intimidating compared to side elevation of the existing single storey garages.

Concern of a loss of light to the small rear bedroom and impact on privacy of no 6 George

Brearley Close.

Overlooking onto the rear gardens of existing properties.

Existing Road Design, Car Parking and Existing and Future Access

The existing 6 single storey bungalows have no off street car parking on George Brearley

Close for residents or visitors.

The development will add to the over congested close due to the shortage of car parking for

cars in terms of existing residents, visitors.

Concern over access for emergency vehicles.

The road is a single car width and there is already a lack of car parking and cars line the path

as a result, in order for residents and visitors to park.

Residents car has been damaged by passing traffic due to narrowness of the road.

Due to the narrowness of the road/ Close there is a desperate need for space for vehicles to

turn around, this will result in a loss an of an existing turning area.

Requirement for access to the rear of their properties that are located on Springfield Avenue

in terms of their rear access and garage is accessed from George Brearley Close and the fact

they need to be able to enter and exit out of the rear of their properties.

Suggestion of markings on the road to not obstruct the rear entrance and exit from the rear of

the Springfield properties that are not accessed off Springfield Road.

Will the proposal provide alternative car parking for residents of George Brearley Close and

their visitors.

Emergency Vehicles

Concern due to the narrowness of the road and that the development will create more

requirement for on street car parking on an existing narrow road will create problems for

access for emergency vehicles.

Concern for access for carers.

Rubbish Collection

The existing dustbin/ recycling collections have to reverse their wagons and ask residents to

move their cars who are part parked on the pavement in order to access and exit George

Brearley Close.

Construction Phase

Concern of the impact of the construction phase in terms of rubble and dust.

ITEM NO. 6.154

RELEVANT PLANNING HISTORY

There is no relevant planning history to this site.

1. SITE AND SURROUNDINGS

1.1. The application site comprises of a dated garage court site, with all of the 14 garages

present and an area of hardstanding in the middle. The garages are accessed off

George Brearley Close and are located within an established residential area which

comprises of one detached dwelling, 6 bungalows and a range of semi-detached

dwellings.

1.2. The garage site has not been demolished and is generally in a good state of

maintenance.

1.3. The site fronts onto George Brearley Close. To the north and north west of the site is

the Briar Hill Nursing Home where the rear garden of the nursing home is adjacent to

the boundary and contains a number of existing Sycamore trees and adjacent to the

properties along Attlee Crescent. To the north east of the site are six semi-detached

bungalows that are located along George Brearley Close. To the south are the rear

entrances, garages and rear gardens to the properties located on Springfield Avenue.

To the south west of the site is a modern detached two storey dwelling which is

accessed from George Brearley Close.

1.4. The site is located within a well established residential area within Rugeley.

1.5. The site is not allocated within the Cannock Chase Local Plan (Part 1) Adopted but it

lies within the existing settlement boundary of Rugeley. The site therefore has

established public transport links including bus links to Rugeley and these also link

to Rugeley Town Railway Station.

2. PROPOSAL

2.1. The applicant is seeking full planning permission for the demolition of the garage

court and the construction of 2 no 2 storey dwellings to be constructed of Carlton

Brick Wolds Minster Blend (red) facing bricks under a Sandtoft Calderdale concrete

interlocking roof slate tiles (dark grey) pitched roof.

2.2. Each dwelling is proposed to have two off street car parking spaces which are to be

located alongside each of the semi-detached properties.

2.3. The front of the Plots would face to the south east and would have enclosed rear

gardens of approximately 68 sqm and 60 sqm.

2.4. A 1.8 metre high close boarded fence would be erected around the side and rear of

the side and this would form the new rear border to the existing adjacent properties.

ITEM NO. 6.155

3. PLANNING POLICY

3.1. Section 38 of the Planning and Compulsory Purchase Act 2004 requires planning

applications to be determined in accordance with the provisions of the Development

Plan, unless material considerations indicate otherwise.

3.2. The Development Plan currently comprises of the adopted Cannock Chase Local

Plan - Part 1 (2014).

3.3. Other material considerations relevant to assessing current planning applications

include the National Planning Policy Framework (NPPF) and Supplementary

Planning Guidance / Documents.

Cannock Chase Local Plan – Part 1 – Adopted (2014)

3.4. Policy CP1 – Strategy

The focus of investment and regeneration will be in existing settlements whilst

conserving and enhancing the AONB, Hednesford Hills, Green Belt and the green

infrastructure of the District. Reaffirms the presumption in favour of sustainable

development set out in the NPPF.

3.5. Policy CP2 – Developer Contributions for Infrastructure

All housing developments will be required to contribute towards providing

affordable housing and / or the necessary infrastructure for the delivery of the Local

Plan.

3.6. Policy CP3 – Chase Shaping - Design

High quality design will be a requirement of all development. This policy seeks new

development to be well related within the wider development and to existing

buildings in terms of design, materials and appearance (amongst others). This is

supplemented by the Council’s Design SPD (adopted April 2016.

3.7. Policy CP6 – Housing Land

2,350 new houses on urban sites are identified within the Strategic Housing Land

Availability Assessment 2012 (SHLAA) in the following proportions (66%) in

Cannock, Hednesford and Heath Hayes, (29%) in Rugeley and Brereton and (5%) in

Norton Canes. This figure includes discounts and windfall allowances.

3.8. Policy CP7 – Housing Choice

Affordable housing contributions are required. The policy supports the provision of

smaller homes suited for younger people and housing suitable for specific needs, in

order to restore balance in the housing market.

3.9. Policy CP12 – Biodiversity and Geodiversity

The District’s biodiversity and geodiversity assets will be protected.

ITEM NO. 6.156

4.0 DETERMINING ISSUES

4.1 The determining issues for the application area:-

(i) Principle of the development

(ii) Design and the impact on the character and form of the area

(iii) Impact on residential amenity

(iv) Impact on highway safety and capacity

(v) Impact on nature conservation interests

(vi) Drainage and flood risk

(vii) Ground contamination

(viii) Waste and recycling

(ix) Sustainable resource use

(x) Whether any adverse impact of granting planning permission would be

significantly and demonstrably outweighed by the benefits, when

assessed against the policies in the Framework, taken as whole.

4.2 Principle of the Development

4.3 Although the Local Plan has a housing policy it is silent in respect of its approach to

windfall sites on both greenfield and previously developed land. As such in

accordance with Policy CP1 of the Local Plan the proposal falls to be considered

within the presumption in favour of sustainable development, outlined in paragraph

14 of the NPPF. This states that where the development plan is absent, silent or

relevant policies are out of date, granting permission unless:

- Any adverse impacts of doing so would significantly and demonstrably

outweigh the benefits, when assessed against the policies in this framework,

taken as whole, or

- Specific policies in this framework indicate otherwise.

4.4 The site is located in an established urban area within Rugeley and it falls within the

Brereton and Ravenhill Neighbourhood Area. The proposal is for the development of

an old Council owned disused garage site that was approved for redevelopment by the

Council at their Cabinet meeting in March 2017 for the provision of affordable

housing. This site is also identified as a brownfield Site (reference R115) in the

Strategic Housing Land Availability Assessment (SHLAA) 2016 and the background

documentation to the site is that it is developable within 6 to 15 years.

4.5 Both the NPPF and the Cannock Chase Local Plan Policy CP1 advocate a

presumption in favour of sustainable development unless the material considerations

indicate otherwise. Further to this, the Local Plan Policy CP6 seeks to support the

creation of new homes within the existing urban area.

4.6 The application site is made up of 14 disused garages which are fronted by

hardstanding and under the NPPF this site is classified as previously developed land.

As such the principle of the proposed demolition of these existing disused garages and

the redevelopment of this vacant site for the provision of 2 x 2 bedroom semi-

ITEM NO. 6.157

detached affordable dwellings is acceptable, subject to the further considerations

below.

4.7 Design and the Impact on the Character and Form of the Area

4.8 Local Plan Policy CP3 seeks new development to be well related within the

development and to the existing buildings and their surroundings in terms of their

layout, density, access, scale, appearance, landscaping and materials. The NPPF also

attached great importance to the design of sustainable development.

4.9 The existing properties that front George Brearley Road consist of one modern two-

storey detached dwelling with a small frontage and six single storey semi-detached

bungalows. The semi-detached bungalows have a grassed frontage and no off-street

car parking. The proposal is for two semi-detached two storey dwellings which will

front George Brearley Close and the proposed layout is considered to be in-keeping

with the existing dwellings along the wider street scene.

4.10 The proposed two semi-detached two storey dwellings can be accommodated

comfortably within the existing site footprint. The layout of the proposed

development is considered to be acceptable and would maximise the use of the site

whilst complying with the separation standards as stipulated within the Council’s

Design SPD.

4.11 The existing dwellings within the street scene are made up of two storey and single

storey buildings and face towards the rear of the two storey dwellings on Springfield

Avenue. The scale of the proposed dwellings is considered to be in-keeping with the

scale of properties within the immediate surroundings.

4.12 The design of the proposed dwellings is similar to the dwelling found directly

adjacent, those located along Springfield Avenue and those within the wider vicinity.

Consequently, the proposed development is similar to the existing urban structure,

and the proposed scale and appearance and would match the existing dwellings

located on the street scene and in the wider urban area to the site. Therefore it is

considered that the proposed development is of a good quality of design. Whilst also

being sympathetic to the surrounding properties in terms of scale and mass. Overall

the design is considered to be similar to the existing properties and it is considered the

proposal would enhance the character by removing a disused site of old garages and

replacing them with two good quality semi-detached dwellings which would enhance

the character and quality of the area. As a result it is considered that the proposals

would comply with the NPPF and Policy CP3 of the Cannock Chase Local Plan Part

1.

4.13 The appearance of the existing street scene is of one semi-detached two storey

property, six single storey semi-detached bungalows and the rear entrances to 5

properties that back onto George Brearley Close from Springfield Avenue. By

demolishing these disused garages and redeveloping them for the provision of two,

two storey dwellings it is considered that the proposed development would enhance

the frontage onto George Brearley Close.

4.14 Impact on Residential Amenity

ITEM NO. 6.158

4.15 Policy CP3 of the Cannock Chase Local Plan and the Council’s Design SPD seeks to

avoid any adverse impact of the loss of amenity to any adjacent neighbouring

properties.

4.16 It is considered that there will be overlooking from the 1st floor windows of the

proposed properties onto the neighbouring rear gardens of no 5, 6 and 9 George

Brearley Close. However, the distance from the nearest first floor window of the

proposed dwelling directly adjacent to no 9 George Brearley Close is some 5 metres.

The side elevation of the proposed new dwellings has no windows and the distance

from the no 6 George Brearley Close to the nearest new dwelling ranges between 12

to 15 metres and there is only considered to be a small amount of overlooking of the

far rear garden of no 6 George Brearley Close.

4.17 In relation to no 5 George Brearley Close, the garden of this property experiences a

certain amount of shade from the existing trees adjacent to the side and the Silver

Birch tree located within their rear garden. No 5 George Brearley Close is located

some 15 to 18 metres away from the proposed nearest new dwelling and it is

recognised that there will be some overlooking from the 1st floor windows of the rear

of both of the proposed two new two storey dwellings onto the adjacent rear garden of

no 5 George Brearley Close.

4.18 The two new proposed properties will overlook the rear gardens of no’s 41 and 42

Springfield Avenue which both have rear accesses off George Brearley Close. The

distance between the proposed properties and the rear elevation of the properties of

no’s 41 and 42 Springfield Avenue is over 15 metres.

4.19 It is proposed that a 1.8 boundary fence is erected around the side and rear of the new

proposed development.

4.20 Due to the existing layout and the proposed boundary treatments, the proposed

separation distances and layout of the proposed development, it is considered that the

new dwellings would not result in an adverse impact on the adjacent occupiers in

terms of loss of daylight / outlook or overlooking and overbearing impact. It is

acknowledged that there will be an element of impact but it is considered that the

proposed separation distances are sufficient to address the requirements of the

Council’s Design SPD.

4.21 The new properties would provide a minimum rear garden depth of between 7 to 8

metres and a total approximate rear garden area of between 68 sqm to 59.5 sqm. This

proposed amount of amenity space is considered sufficient for 2 bed houses. Two off

road car parking spaces are proposed at the side of each dwelling to allow for

sufficient off-street car parking and will provide a safe access between the cars and

the home.

4.22 A main issue in respect to the amenity of future occupiers is the proximity to existing

trees along the rear boundary. In this respect the applicant has provided an

arboricultural assessment and a proposed landscaping plan. There are three trees

located within close proximity of the proposed development site which consist of two

Sycamores trees and one Birch tree and all of these trees are located at the rear of the

ITEM NO. 6.159

site in third party land. It is noted that the two sycamore trees are protected from any

detrimental actions via the planning condition attached to planning application

CH/13/104, in which the trees are conditioned to be kept and retained.

4.23 There are 3 existing Sycamore Trees that are located on the common border but fall

just with the curtilage of the neighbouring property of Briar Hill Nursing Home but

overhang the proposed site together with the Silver Birch Tree that is located just

behind the rear elevation of the garages and is located within the rear garden of No 5

George Brealey Close. The applicant is proposing to maintain these trees but to

potentially cut back elements of the trees to allow light into the proposed rear gardens

of this proposed development.

4.24 The proposed design includes the provision of a front garden to each of the properties

consisting of a variety of planting and to the rear of the property is proposed to be a

grassed lawn and at the side of each property this will be hard surfaced to provide the

provision for the two off street car parking spaces proposed for each property.

4.25 It is considered that the applicant will be required to submit a proposed tree protection

scheme to the Council in order to ensure that the proposed development is acceptable.

The applicant will need to ensure that they seek to protect the existing trees which

border the site to ensure that they protect the amenity of the site and the actual trees

themselves.

4.26 In respect to noise, general disturbance and dust during construction it is not unusual

to find construction sites taking place near to residential properties. It is also noted

that some measure of disturbance is unavoidable during the construction period.

However, those activities are controlled as far as it is reasonable and practicable to do

so by the use of Construction Management Plans to control, amongst other things,

construction times, dust, noise and vibration. It is recommended that such a plan is

required by condition attached to any permission granted.

4.27 Impact on Highway Safety and Capacity

4.28 The proposed vehicular access for the development would be directly off George

Brearley Close. The proposal seeks to provide sufficient car parking provision in the

form of two off street car parking spaces for each of the two proposed two bedroomed

dwellings and this meets the requirements of the Council’s Supplementary Planning

Document entitled ‘Parking Standards, Travel Plans and Developer Contributions for

Sustainable Transport. Although the comments of the local residents are noted it

should be taken into the account that the existing garage court could generate a

significant amount of traffic ibn its own right. Furthermore, the County Council

Highways Department has raised no objections to the proposed access and parking

arrangements subject to a planning condition in relation to the access and turning

areas.

4.29 As such the proposal is considered acceptable in respect to parking provision, access

and highway safety and is therefore in accordance with Policy CP16 (a) and (c) of the

Local Plan and paragraphs 29, 30, 32 and 36 of the NPPF.

4.30 Impact on Nature Conservation Interests

ITEM NO. 6.160

4.31 Although the site lies adjacent to woodland the application site is not subject to any

formal or informal nature conservation designation and is not known to currently

support any species or habitat that is given special protection or which is of particular

conservation interest. The applicant has submitted an ecological appraisal which

concludes the habitats within the site are poor and unsuitable for protected species.

4.32 As such the site has no known significant ecological value and therefore the proposal

would not result in any significant direct harm to nature conservation interests

provided that the precautionary recommendations in the ecological report are adopted.

4.33 Under Policy CP13 development will not be permitted where it would be likely to

lead directly or indirectly to an adverse effect upon the integrity of the European Site

network and the effects cannot be mitigated. Furthermore, in order to retain the

integrity of the Cannock Chase Special Area of Conservation (SAC) all development

within Cannock Chase district that leads to a net increase in in dwellings will be

required to mitigate adverse impacts. The proposal would lead to a net increase in

dwellings and therefore is required to mitigate its adverse impact on the SAC. Such

mitigation could be secured by attaching an appropriately worded condition onto any

permission granted.

4.34 Subject to the above conditions the proposal is considered acceptable in respect of its

impact on nature conservation interests and therefore would be in compliance with

Policy CP3 and CP13 of the Cannock Chase Local Plan and the NPPF.

4.35 Drainage and Flood Risk

4.36 The site is located within Flood Zone 1 in the Environment Agency’s Flood Risk

maps and hence is at the lowest risk of flooding. Furthermore, the site is currently

entirely occupied by buildings and hard standing and as such surface water run-off

would not increase as a result of the proposal.

4.37 It is therefore considered that, subject to the attached condition, the proposal would

not be subject to unacceptable flood risk or result in a significant increase in flood

risk elsewhere and therefore the proposal would be resilient to climate change in

accordance with Policy CP16 (1) (g) and (2) (e) and Paragraph 17(6) of the NPPF.

4.38 Ground Contamination

4.39 In respect to the potential for ground contamination it is noted that the applicant has

submitted a site investigation report, undertaken by ARC Environmental. The

comments of the Environmental Health Officer have been noted and it is considered

that the proposal subject to the attached condition for site remediation would be

satisfactory in terms of ground contamination. Furthermore there is no remediation

required for ground gas without any specific remediation.

4.40 Waste and Recycling Facilities

4.41 Although these are not specifically shown on the submitted plans it is clear that there

would be adequate space in the rear gardens and provision for bringing bins to the

ITEM NO. 6.161

highway on collection days. As such the proposal would contribute to national and

local waste reduction and recycling targets in accordance with the requirements of

Policy CP16(1) (e) of the Local Plan.

4.42 Crime and the Fear of Crime

4.43 There is nothing within the nature or location of the site which would suggest that its

development would give rise to significant issues in respect of crime and the fear of

crime. Indeed the proposal would bring into positive use a site that could be a focus

for abuse and anti-social behaviour and which would close a potential escape route for

burglars.

4.44 Therefore it is considered that the proposal would be acceptable in respect to

designing out crime.

4.45 Sustainable Resource Use

4.46 The requirements of Policy CP16(3)(a) in respect of the above have now been

incorporated into the building regulations. As such, on balance, it is considered that

the fact that the proposal would need to meet building control regulations means that

the proposal would be in accordance with Policy CP16 without needing to submit a

sustainability appraisal at this stage. Furthermore, issues such as sustainable transport

have been addressed above where it was found that the site has good access to public

transport and is conveniently placed to be accessible by foot and cycle to a wide range

of facilities to serve day to day needs.

4.47 Affordable Housing

4.48 Under Policy CP2 the housing proposals would be required to provide a contribution

towards affordable housing. However, in this case the proposal is for a 100%

affordable housing scheme and is therefore considered acceptable.

4.49 Whether any Adverse Impact of Granting Planning Permission would be Significantly

and Demonstrably Outweighed by the Benefits, when Assessed Against the Policies

in the Framework, Taken as Whole.

4. 50 Although the Council has a five year supply of housing land it is noted that such a

supply is not a ceiling and it is the Government’s firm intention to significantly boost

the supply of housing. With this in mind it is noted that the granting of 2No 2 bed

dwellings would make a contribution towards the objectively assessed housing needs

of the District, particularly in respect of affordable housing provision. In addition it

would have economic benefits in respect to the construction of the property and the

occupiers who would make some contribution into the local economy. Finally, the

proposal would have an environmental benefit of making efficient use of land within

a sustainable location and in creating two thermally efficient new dwellings which

would be required to meet building standards.

ITEM NO. 6.162

4.51 Conversely when looking at potential harm it is considered that, subject to the

attached conditions, there would be no significant and demonstrable harm to highway

safety, residential amenity, wider nature conservation interests and flood risk.

4.52 As such it is considered that any adverse impact of granting planning permission

would not significantly and demonstrably outweigh by the benefits, when assessed

against the policies in the Framework, taken as whole. As such the proposal benefits

from the presumption favour of sustainable development and should, subject to the

attached conditions, be approved.

5.0 HUMAN RIGHTS ACT

5.1 The proposals set out in this report are considered to be compatible with the Human Rights

Act 1998. The recommendation to approve the application accords with the adopted policies

in the Development Plan which aims to secure the proper planning of the area in the public

interest.

6.0 CONCLUSION

6.1 The application site is located in a sustainable location with good access to goods,

services and areas of employment by modes of transport other than the private car.

6.2 In respect to all matters of acknowledged interest the proposal, subject to the attached

conditions is considered to be acceptable.

6.3 Given the proposal is for a 100% affordable housing scheme there is no need for a

contribution for affordable housing elsewhere in the District.

6.4 Impacts on the Cannock Chase SAC would be mitigated through the use of an

appropriately worded condition attached to any permission granted.

6.5 As such it is considered that any adverse impact of granting planning permission

would not significantly and demonstrably outweighed by the benefits, when assessed

against the policies in the Framework, taken as whole. As such the proposal benefits

from the presumption in favour of sustainable development and should, subject to the

attached conditions, be approved.

6.6 It is therefore recommended that the application be approved subject to the attached

conditions.

ITEM NO. 6.163