45/46 Rother Street
Stratford-Upon-Avon
Warwickshire
CV37 6LT
Condition Details / Information Notes
The submission has failed to reasonably demonstrate that the application site could accommodate 6 residential units without significant detrimental harm to the historic character and form of the surrounding natural landscape, by virtue of the substantial earthworks reasonably required to construct the development on the existing natural ground slope. Furthermore, notwithstanding the submitted tree survey, it is not considered that the submission has reasonably demonstrated that the application site could accommodate 6 residential units without prejudicing the long-term retention of the existing protected pear tree on the site. As such, it is considered that the proposed development would be contrary to saved Policies GD2, ENV1 and ENV8 of the Wychavon District Local Plan (June 2006), together with paragraphs 7 and 109 of the National Planning Policy Framework
It is not considered that the submission has reasonably demonstrated that the application site could accommodate 6 residential units without significant detrimental harm to the historic and established built character of the village. Due to the nature of the application site, it is reasonably considered that any development consisting of 6 units would result in built development sited back from the highway, behind existing residential properties, and served by a cul-de-sac, all of which are considered at odds to the historic and established built form and character of the village. As such it is considered that the proposals are contrary to saved Policies GD2 and SUR1 of the Wychavon District Local Plan (June 2006); the advice contained within the Residential Design Guide (Supplementary Planning Document); and paragraphs 7 and 58 of the National Planning Policy Framework
The submission has failed to reasonably demonstrate that safe vehicular access to serve the proposed development can be achieved off the existing highway network. Furthermore the submission has failed to reasonably show the true line of the existing public right of way that runs through the site, and that the application site can accommodate 6 residential units without causing detrimental harm to users of this public footpath. As such, it is considered that the proposals are contrary to saved Policy GD2 of the Wychavon District Local Plan (June 2006) and paragraphs 35 and 58 of the National Planning Policy Framework
Without the carrying out of a walkover ecological survey and being party to the findings, the local planning authority is unable to determine whether the proposed development would result in significant harm to the interests of biodiversity through potential adverse effects or risk of adverse effect to protected species. Also without survey results to identify the significance of the ecological importance of the application site, the local planning authority is unable to determine whether significant harm can be prevented, adequately mitigated against or compensated for. As such, insufficient information has been provided to ascertain whether the proposed development would be in accordance with saved Policy ENV6 of the Wychavon District Local Plan, the EU Habitats Directive as well as paragraph 118 of the National Planning Policy Framework. The lack of sufficient survey work and subsequent survey results is also contrary to the provisions of Planning for Biodiversity and Geological Conservation: A Guide to Good Practice.
No secure arrangements are in place, and no willingness has been shown by the applicant, to ensure the provision of contributions to be made towards the enhancement/provision of education facilities within the area; public open space; the Worcester transport strategy; recycling; off site cycling infrastructure; enhancement/provision of off- site open play space; built sports facilities and public art installations. As such, the application is contrary to saved policies GD3, SR5 and COM12 of the Wychavon District Local Plan 2006, the provisions of the Council's Supplementary Planning Document on Education Contributions (April 2007) and the provisions of the Council's Supplementary Planning Guidance Note on Developer Contributions Towards Service Infrastructure
No legal agreement is in place, and no willingness has been shown by the applicant, to secure the provision of any smaller or affordable units. For this reason the proposed development and application is contrary to saved Policies GD3, COM1 and COM2 of the Wychavon District Local Plan 2006, the provisions of the Council's Affordable Housing SPG as well as the provisions of the National Planning Policy Framework on delivering a wide choice of high quality homes (in particular paragraph 50).
Drawing no/s: '1916/01' and '1916/02'
Positive and Proactive Statement
In dealing with this application, the Council has worked with the applicant in the following ways:-
- providing pre-application advice;
- considering the imposition of conditions and or the completion of a s.106 legal agreement
In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application. This is in accordance with paragraphs 186 and 187 of the NPPF. Furthermore, the need to provide affordable housing and other contributions were highlighted to the agent together with officer's concerns to the proposed development on 11 July 2013. No response was ever received. Despite these efforts, the Council still consider that planning permission should be refused for the reasons set out above.
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In addition to consultations with the consultee listed, we will publicise the application in accordance with national requirements and our local policy.
This publicity usually takes the form of letters to nearby properties, the posting of site notices and/or the placing of a public notice in our local newspapers.
Name
Address
Sent
Reply Received
Mr and Mrs Clifton
Westhaven
Old Hill
Flyford Flavell
Worcester
WR7 4DA
20/06/2013
Mr B A & Ms P Cannon
Thrush Green
Old Hill
Flyford Flavell
Worcester
WR7 4DA
20/06/2013
Mr G & Ms C Webb
Arran Lodge
Old Hill
Flyford Flavell
Worcester
WR7 4DA
20/06/2013
The Owner/Occupier
The Highlands
New Road
Flyford Flavell
Worcester
WR7 4PP
20/06/2013
The Owner/Occupier
Church Garth
New Road
Flyford Flavell
Worcester
WR7 4BS
20/06/2013
Mr & Mrs Weston
Perry Lodge
Old Hill
Flyford Flavell
Worcester
WR7 4DA
20/06/2013
Mr R and Ms S Bucknell
Perry Mill House
Old Hill
Flyford Flavell
Worcester
WR7 4DA
20/06/2013
The Owner/Occupier
Annexe Perrymill House
Old Hill
Flyford Flavell
Worcester
WR7 4DA
20/06/2013
M & D Charles
Hill Top Cottage
New Road
Flyford Flavell
Worcs
WR7 4BS
