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Agenda item
Land on south side of Victoria Avenue, Hastings
Minutes:
Proposal:
Outline application for a residential development of 31 houses and 4 flats with garaging, car spaces and community amenity facilities
Application No:
HS/OA/13/00600
Existing Use:
Woodland
Conservation Area:
No
National Planning Policy Framework
No Conflict
Hastings Planning Strategy
DS1, FA5, SC1, SC2, SC3, SC4,
SC7, EN2, EN3, EN5, H1, H2, H3,
CI1, CI3 and T3
Development Management Plan
LP1, DM1, DM3, DM4, DM5, DM6,
DM7, HN7, HN8 and HN10
Public Consultation:
594 original letters of objection received, 2 original
petitions and 3 original letters of support received
The Assistant Director, Housing and Built Environment reported on an outline application for a residential development of 31 houses and 4 flats with garaging, car spaces and community amenity facilities at Land on south side of Victoria Avenue, Hastings.
This planning application was previously brought before Planning Committee on 25 February 2014 and was resolved to be approved subject to conditions and a legal agreement. At that time the site was allocated in the local plan for residential development. Following the committee decision the progression of the legal agreement was not straightforward and was delayed due to issues relating to land ownership. Because the agreement has not been signed, no decision notice has been issued.
The delay in the completion of the legal agreement coincided with the progression of the Hastings Local Plan: Development Management Plan (DMP). By February 2015 the legal agreement had still not been completed and the DMP had progressed so much that by this time the Inspector had published his preliminary findings. This moment was a key turning point in considering this proposal as part of the Inspector's preliminary findings included the suggested deletion of the application site as a housing allocation and a proposed requirement that it be subsumed within the adjoining proposed Local Green Space designation - known locally as Speckled Wood.
Given this significant change in the status of the site the Council sought legal advice on whether the application should be reconsidered by the Planning Committee given the significant proposed change in planning policy. Counsel advised that the application should be re-determined by the committee as the proposed changes to the DMP were a significant material consideration.
Since this legal advice was received the Inspector has published his final report and the DMP was adopted as part of the development plan by the Council on 23 September 2015. The adopted DMP now shows the application site as part the Local Green Space designation and any development on this site is now subject to policy HN10 – Amenity Green Spaces. This policy protects the land from development unless it can be demonstrated that the site no longer has any value or can be compensated with an area of equivalent size in the local area.
The application site relates to a section of woodland at the northern end of the Ore Valley. The site is known locally as part of a larger wooded area called ‘Speckled Wood’.
The site is bounded to the west by Church Street, which is an unmade track providing access to the rear of properties on Greville Road. There used to be houses fronting Church Street, which were demolished in the 1960s.
The site is bounded to the north by Victoria Avenue and to the east by residential dwellings and an un-made lane which serves various dwellings and commercial properties in Old London Road.
To the south of the site is a large similarly wooded area.
There is a mixture of development in the surrounding area, which is typically made up of Victorian semi-detached and terraced dwellings between 2-4 storeys. Some more modern flats and houses are found directly opposite the site from Victoria Avenue. A local shopping centre, Ore Village, can also be found to the east of the site.
The site itself is mainly characterised by its wooded nature and the steeply sloping gradients from the west, north and east, which result in the formation of a natural ‘bowl’. The site otherwise has a watercourse flowing from north to south, which is culverted at the northern end.
There has been substantial objection to this application from local residents, particularly regarding the loss of the trees and impact on wildlife. The applicant has previously been able to demonstrate that the impacts on protected species could be mitigated against and that the development would complement and add to the local mix of housing whilst providing a good place to live. However, the change in the designation of the site from housing to Local Green Space cannot be ignored and the applicant has been unable to provide any convincing supporting documentation to outweigh policy HN10 of the DMP.
The proposal will result in the destruction of land that provides visual relief and amenity value to the local area. The land is privately owned but it is known to be used recreationally and although the applicant demonstrated that impacts on protected species could be adequately mitigated, the proposal will nonetheless lead to some habitat destruction. There is no justification for this loss or proposals to provide compensation elsewhere.
Although the proposed development of the site would provide for new housing and could be accommodated without harm to neighbouring residential amenities or impacts on highway safety, the proposal will result in the loss of a protected Local Green Space. The applicant has been unable to demonstrate that the objectives of policy HN10 of the DMP and other policies which relate to protecting local character and green infrastructure should be set aside. These proposals are not considered to comply with the development plan in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004. As such the Development Manager recommended that the application be refused.
The Human Rights considerations have been taken into account fully in balancing the planning issues.
Having raised his prejudicial interest Cllr Street was absent from the Chamber during discussion and voting. Councillor Scott (Vice Chair) took the Chair for this item.
The petitioner, Mr Ingleton, was present and spoke against the application.
The agent had been invited to attend the meeting, but was not present.
Councillor Wincott proposed a motion to refuse the application, with reasons as set out in the resolution. This was seconded by Councillor Roberts.
RESOLVED – (unanimously) that the application be refused subject to the following reasons:-
1.
The proposed development will result in the loss of part of an identified amenity space (shown as Local Green Space on the Hastings Local Plan - Development Management Plan Policies Map). The applicant has been unable to demonstrate that the land no longer has any visual, recreational, amenity or ecological value nor have the provided an area of equivalent size and value in the locality as compensation for the identified loss. Because of this loss the proposal is contrary to policy HN10 of the Hastings Local Plan - Development Management Plan, which states:
Policy HN10 – Amenity Green Spaces
The Council will protect Private Open Space, Allotments and Local Green Spaces used and/or managed by the local community, as identified on the Policies Map. Planning permission will only be granted for development which would result in the loss of an identified amenity green space in the following circumstances:
a) It can be demonstrated that the land no longer has any visual, recreational, amenity or ecological value; or
b) An area of equivalent size and value is provided in the locality in compensation.
2.
The proposed development would result in the loss of part of the Local Green Space. The loss of part of this asset will harm the appearance and the character of the area due to the loss of a natural visual break which contributes positively to the townscape and streetscene by providing relief between the otherwise hard urban form of development in the area. The area also provides an opportunity for recreation which if diminished would further harm local character. The proposed development would be contrary to policies FA5 parts (g) and (k), SC1 parts (i) and (k), EN7 and EN8 part (c) Hastings Local Plan - The Hastings Planning Strategy and policies DM1 parts (a) and (e) and DM3 parts (c) and (d), which state:
POLICY FA5: Strategic Policy for Eastern Area
In Eastern Area we will also:
c) protect, manage and enhance the green network of nature areas and open spaces that include Hastings Country Park Nature Reserve and associated national and international designated wildlife areas such as Hastings Cliffs Special Area of Conservation and Hastings Cliffs to Pett Beach Site of Special Scientific Interest and other significant open spaces at the Ore Valley Development site, the Seafront, Hastings Country Park and West Hill
k) encourage local communities to access areas of open space
POLICY SC1: Overall Strategy for Managing Change in a Sustainable Way
Growth and change will be managed so that development meets sustainability objectives, avoids significant vulnerability to the impacts of climate change, improves the quality of the natural environment, supports the diverse needs of communities and provides vibrant, safe, healthy and inclusive places where existing and future residents want to live and work. This will be achieved through:
i) requiring high quality distinctive architecture and urban design which adds to local character and sense of place
k) providing an accessible greenspace network and protection and enhancement of biodiversity
POLICY EN7: Conservation and Enhancement of Landscape
The Council will protect and enhance the town’s landscape including:
· the distinctive landscape setting of the town, particularly the structure of ancient gill woodlands, open spaces and the relationship and clear division between the unspoilt coastline of Hastings Country Park Nature Reserve, the surrounding countryside and the built-up area
· the High Weald Area of Outstanding Natural Beauty
· the undeveloped coast
The Council will have regard to the High Weald Area of Outstanding Natural Beauty Management Plan as a method of protecting and enhancing the Area of Outstanding Natural Beauty, and will work with Rother District Council to improve access to and management of urban fringe areas, in line with the shared vision for Hastings and Bexhill.
POLICY EN8: Open Spaces – Enhancement, Provision and Protection
The strategic policy direction for the provision and management of the town’s open spaces is set out in the Parks and Open Spaces Strategy (2006). The Planning Strategy supports implementation of the Parks and Open Spaces Strategy by:
c) the protection and enhancement of existing open spaces that are of town wide significance through the green infrastructure network (see Policy EN2). These are: Alexandra Park, BOS Field, Church Wood, Gensing Gardens, Hastings Cemetery, Hastings Country Park, Old Roar Gill (part of Alexandra Park), Ponds Wood, St Leonards Gardens, St Helen’s Wood, Warrior Square, West Hill, Ore Valley, Summerfields Woods, Tilekiln Playing Fields, Combe Valley Countryside Park, all pedestrian-only streets, the Seafront, Bexhill Road recreation ground, Horntye Park, William Parker Sports College, Sandhurst Recreation Ground and the beach.
Private open spaces and allotments will be identified in the Development Management Plan as part of the green spaces network and will be protected from development which would lead to loss of their open character, biodiversity or accessibility.
Open space provision will be monitored in line with the Natural England Accessible Natural Greenspace (ANGst) standards, and results will be published in the Local Plan Monitoring Report.
Policy DM1 – Design Principles
All proposals must reach a good standard of design, which includes efficient use of resources, and takes into account:
a) protecting and enhancing local character; and
e) an assessment of visual impact, including the height, scale, and form of development that should be appropriate to the location, especially given the complex topography of the Borough and the need, in some instances, to consider the visual effect from key viewpoints. This is particularly important when there are potential impacts upon areas of heritage and/or landscape value as outlined in the Planning Strategy (this could include a landscape assessment where appropriate).
Supplementary Planning Documents provide further detail to this policy.
Policy DM3 – General Amenity
In order to achieve a good living standard for future users of proposed development and its neighbours it should be demonstrated that amenity has been considered and appropriate solutions have been incorporated into schemes. Permission will be given for development where:
c) there is a means of landscaping that contributes to crime prevention; a permeable and legible green infrastructure network of routes and spaces to create a public realm that is attractive, overlooked and safe; and
d) considerate design solutions for the spaces between and around buildings are shown. This should respect the character of the surroundings; a well-designed scheme in terms of private, semi-private and public open space, to include, where appropriate, the provision of public art.
3.
The proposed development would result in the loss of part of the Local Green Space. The loss of part of this asset will result in the loss of woodland and natural space that contributes to the Borough's green infrastructure network. The proposed development would be contrary to policies FA5 part (g), SC1 part (k), EN2, EN3 parts (b), (d), (f) and (g), EN7 and EN8 part (c) of the Hastings Local Plan - The Hastings Planning Strategy and policies HN7, HN8 and HN10 of the Hastings Local Plan - Development Management Plan, which state:
POLICY FA5: Strategic Policy for Eastern Area
In Eastern Area we will also:
e) protect, manage and enhance the green network of nature areas and open spaces that include Hastings Country Park Nature Reserve and associated national and international designated wildlife areas such as Hastings Cliffs Special Area of Conservation and Hastings Cliffs to Pett Beach Site of Special Scientific Interest and other significant open spaces at the Ore Valley Development site, the Seafront, Hastings Country Park and West Hill
POLICY SC1: Overall Strategy for Managing Change in a Sustainable Way
Growth and change will be managed so that development meets sustainability objectives, avoids significant vulnerability to the impacts of climate change, improves the quality of the natural environment, supports the diverse needs of communities and provides vibrant, safe, healthy and inclusive places where existing and future residents want to live and work. This will be achieved through:
k) providing an accessible greenspace network and protection and enhancement of biodiversity
POLICY EN2: Green Infrastructure Network
By properly valuing nature and the benefits that arise from our natural environment and green spaces, we will establish and protect a green network comprising open space and nature conservation areas, to conserve and enhance priority natural areas, and the connections between them.
The green network will ensure that everyone has access to natural, semi-natural and managed open space, and will maximise opportunities to conserve and enhance biodiversity. New development will contribute to this network.
The extent of the network will be established in the Development Management Plan, and will be clearly shown on the Policies Map
POLICY EN3: Nature Conservation and Improvement of Biodiversity
The town’s biodiversity and geological resources will be protected and enhanced. Priority will be given to:
b) ensuring development contributes to the national objective of no net loss of biodiversity by requiring developers to show how their proposals will contribute positively to the natural environment, avoid harm to biodiversity, adequately mitigate for unavoidable damage, or as a last resort, compensate for unavoidable damage.
d) improving the integrity and biodiversity of the green infrastructure network,
f) meet our obligations to halting the loss of biodiversity and work with our partners to create opportunities for enhancing biodiversity both in and outside the town
g) protecting woodland, particularly ancient woodland and veteran trees
Potential adverse effects on the Hastings Cliffs Special Area of Conservation arising from levels of new development set out in the Planning Strategy will be mitigated through improvements to the existing Broomgrove Local Wildlife Site, Combe Valley Countryside Park and the green spaces network as a whole.
POLICY EN7: Conservation and Enhancement of Landscape
The Council will protect and enhance the town’s landscape including:
· the distinctive landscape setting of the town, particularly the structure of ancient gill woodlands, open spaces and the relationship and clear division between the unspoilt coastline of Hastings Country Park Nature Reserve, the surrounding countryside and the built-up area
· the High Weald Area of Outstanding Natural Beauty
· the undeveloped coast
The Council will have regard to the High Weald Area of Outstanding Natural Beauty Management Plan as a method of protecting and enhancing the Area of Outstanding Natural Beauty, and will work with Rother District Council to improve access to and management of urban fringe areas, in line with the shared vision for Hastings and Bexhill.
POLICY EN8: Open Spaces – Enhancement, Provision and Protection
The strategic policy direction for the provision and management of the town’s open spaces is set out in the Parks and Open Spaces Strategy (2006). The Planning Strategy supports implementation of the Parks and Open Spaces Strategy by:
c) the protection and enhancement of existing open spaces that are of town wide significance through the green infrastructure network (see Policy EN2). These are: Alexandra Park, BOS Field, Church Wood, Gensing Gardens, Hastings Cemetery, Hastings Country Park, Old Roar Gill (part of Alexandra Park), Ponds Wood, St Leonards Gardens, St Helen’s Wood, Warrior Square, West Hill, Ore Valley, Summerfields Woods, Tilekiln Playing Fields, Combe Valley Countryside Park, all pedestrian-only streets, the Seafront, Bexhill Road recreation ground, Horntye Park, William Parker Sports College, Sandhurst Recreation Ground and the beach.
Private open spaces and allotments will be identified in the Development Management Plan as part of the green spaces network and will be protected from development which would lead to loss of their open character, biodiversity or accessibility.
Open space provision will be monitored in line with the Natural England Accessible Natural Greenspace (ANGst) standards, and results will be published in the Local Plan Monitoring Report.
Policy HN7 – Green Infrastructure in New Developments
Where appropriate, good quality green infrastructure should be integrated into the design of new developments. Development will be permitted where opportunities for green infrastructure and landscaping have been incorporated into the proposals.
New green infrastructure provided as part of a development scheme should create safe links for the community and connectivity for biodiversity should be provided as far as practical, within the existing Green Infrastructure Network.
Biodiversity and green space
Policy HN8 – Biodiversity and Green Space
Development should result in no net loss of biodiversity or designated green space as defined on the Policies Map. The weight given to the protection of sites will be proportionate to their position in the hierarchy of internationally, nationally and locally designated sites.
Development that would affect a designated site will only be permitted where there is an adverse impact on ecological, geological or biodiversity interests of the site if it can be demonstrated that;
a) the need for the development would outweigh the nature conservation interests;
b) adverse impacts can be satisfactorily minimised through mitigation and compensation measures.
An Ecological Constraints and Opportunities Plan (ECOP), completed by a suitably qualified professional, will be required to support planning applications where on-site or nearby ecological constraints are known, or where further information on potential ecological issues is required. This assessment should include:
a) information of existing on-site ecology;
b) opportunities for connectivity between spaces and improved accessibility to them;
c) green space and biodiversity improvements on and off-site as appropriate;
d) opportunities for the retention or creation of green infrastructure;
e) measures for the protection and management of ecology, where appropriate;
f) an arboriculture assessment.
Policy HN10 – Amenity Green Spaces
The Council will protect Private Open Space, Allotments and Local Green Spaces used and/or managed by the local community, as identified on the Policies Map. Planning permission will only be granted for development which would result in the loss of an identified amenity green space in the following circumstances:
a) It can be demonstrated that the land no longer has any visual, recreational, amenity or ecological value; or
b) An area of equivalent size and value is provided in the locality in compensation.
Note to the Applicant
1.
Statement of positive engagement: In dealing with this application Hastings Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraphs 186 and 187 of the National Planning Policy Framework.
Supporting documents:
- Land On South Side Of Victoria Avenue, item 43a PDF 180 KB
- MAP - Land On South Side Of Victoria Avenue, item 43a PDF 408 KB
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