Agenda item

Agenda item

Planning Application No. CB/17/03228/OUT (Ampthill ward)

 

Address:       Land west of Jacques Lane, Clophill, Bedford, MK45 4BS

           

Outline: Erection of 8 dwellings and formation of vehicular and pedestrian access with associated landscaping.

 

Applicant:     Anthony Catlin Will Trust

 

Minutes:

 

The Committee considered a report regarding Planning Application No. CB/17/03228/OUT an outline application for the erection of 8 dwellings and the formulation of vehicular and pedestrian access with associated landscaping on land west of Jacques Lane, Clophill, Bedford, MK45 4BS.

 

In advance of consideration of the application the Committee’s attention was drawn to additional consultation/publicity responses, additional comments and additional condition/reasons.

 

In advance of consideration of the application the Committee received representations from Clophill Parish Council, an objector to the application and the agent for the applicant under the public participation scheme.

 

A Member sought clarification from the Parish Council representative on the feelings of the village towards the application given the large number of objections received.  In reply the Parish Councillor stated that local residents did not want to see the rural character of Jacques Lane and the area in general eroded.  In response to further queries by Members she stated that there was no public access to the land and that, as far as she was aware, the land was owned and maintained by Central Bedfordshire Council.

 

A ward Member commented that Jacques Lane was more of a track than a lane.  It lay outside the settlement envelope and the proposed dwellings, coupled with the three large properties currently being built, would result in a 50% increase in the Lane’s population.  It would have a detrimental impact on the rural identity of the village with no economic benefit.  He then referred to the public utility issues in the area and, in particular, the power cuts and flooding which had taken place.  With regard to the proposed installation of passing places he stated that the top of the Lane allowed two way traffic and they were not required there.  The Lane became, in effect, a single track as it moved towards the application site.  Further, the proposed location of the passing places was on land licensed to local residents for use as gardens.  Whilst the agreements could be revoked it would generate a great deal of local ill will.

 

The ward Member reminded the meeting that 50 properties had already been approved as part of the Lakes development and a further 50 plus homes were under appeal.  He stated that Clophill had accepted its share of development within Central Bedfordshire and asked that the application be rejected.

 

The Committee considered the application and in summary discussed the following:

 

·         The planning officer’s acknowledgement that the proposed development was outside the settlement envelope.  However, he stated that the benefits brought by the scheme outweighed this issue as they did with reference to the urbanisation of the site.  Further the impact of urbanisation could be mitigated.

·         On the matter of sustainability the planning officer commented that Clophill was a large village with a community centre, schools, a store post office and public houses.  It was also close to an existing bus stop.  On this basis the scheme was considered to be sustainable.

·         The planning officer’s statement that  the application site lay outside flood zones 2 and 3 and had been considered acceptable by all relevant bodies subject to the imposition of a drainage plan.  There were also additional conditions with regard to intercepting any discharge from the highway.

·         The site had been assessed by the ecology officer and there were no objections.  A condition had been included for an ecological enhancement strategy and it was felt that gains could arise.

·         With regard to poor public utilities the planning officer stated that it was the statutory responsibility of certain bodies to provide such services.

·         The passing bays were not now recommended to be conditioned or incorporated in the scheme.  Instead signage could be installed through the Lane and a turning area incorporated on site for larger vehicles.

·         The planning officer’s belief that there was no conflict with the Council’s walking strategy as the development site was within close proximity to local facilities.

·         With regard to the blind bend on Jacques Lane and a potential conflict between pedestrians and traffic the highways officer stated that whilst the Lane was quite narrow there were existing passing places, the Lane widened out to allow two vehicles to pass and he did not expect vehicles to be travelling at speed.

·         The highways officer was unsure whether the survey had included the whole Lane but he had personally observed traffic use at the site and the passing place outside no. 10 Jacques Lane had been clear.

·         The highways officer’s view that the existing parking place was sufficient although it was felt that a turning facility would be beneficial.

·         With regard to the impact of the suggested widening of the access to the Lane the highways officer pointed out that the speed limit for the area was already restricted to 30 m.p.h.

·         A Member’s comment that, whilst sympathetic to the restriction of rural growth, it existed and needed to be accepted.  He referred to the existing and forthcoming developments within Central Bedfordshire and the need to prepare local communities to accept such developments.  The Member stated that he had considered how the application in Jacques Lane could be refused and referred to the narrowness of the Lane.  However, he pointed out that the Council owned land, currently licensed to local people, on either side of the Lane which could be employed if necessary.  As such he felt that a Planning Inspector would not be sympathetic to the Council if it rejected the application on grounds of width.  He felt the scheme integrated with the village and supported it.

·         A Member’s request for clarification on how the benefits of the application outweighed the identified harm and conflict within the Development Plan.  In response the planning officer stated that the housing was in a sustainable location and, through its construction, brought economic benefits and the provision of additional housing for local or other persons.  Whilst there would be a detrimental impact on the rural character of the village the development was a logical extension and landscaping would mitigate the impact.  He explained that net gains in biodiversity would be achieved through a condition requiring an ecological enhancement strategy and the ecology officer had considered the application acceptable.  The site itself had been assessed as having relatively low ecological value but there would be appropriate planting and the retention of hedgerows would aid biodiversity.

·         A Member’s comments that Jacques Lane represented a typical village end in Bedfordshire and petered out before meeting open countryside.  She referred to the quiet enjoyment gained by residents experiencing the rural nature of such lanes.  The Member referred to the draft Local Plan and the statement made to preserve the rural nature of Central Bedfordshire whilst allowing development.  However, she commented that small scale development removed important open spaces in villages and eroded their rural character.  She felt the application to be an example of such development.  The Member felt this to be a finely balanced application and, on balance, the benefit arising from eight dwellings did not outweigh the harm to the landscape character of the village.  She was of the opinion that there were sufficient reasons to refuse.

·         The Chairman advised the meeting that whilst previous applications had been refused there had since been changes to local and national policies, especially the National Planning Policy Framework (NPPF) which contained a presumption  in favour of sustainable development. He reminded the meeting that the application was, with the exception of the access, for outline approval only.

·         A Member’s expression of concern regarding the Lane and that the value of erecting the proposed signage under recommended condition 15 (Late Sheet) as it appeared that it would serve little purpose.  In response the highways officer stated that such signs were supported by the Campaign for the Protection of Rural England in order to give lanes more protection and he felt they would be beneficial to the wider area and the public.

·         A Member’s comment that the case for or against the application was not finely balanced and that the arguments against approval were insubstantial.  Whilst the Lane was narrow, passing places could be provided if so desired.  Further, the proposed eight dwellings would provide good accommodation, contribute towards the life of the village and represented a sustainable development.  He did not believe there was any policy basis for refusal.

·         A Member’s comment that the final decision rested with the Committee.  He added that given the scale of the application, and in his opinion,  it would have been better to submit a full application so that the full proposed details could be seen.

 

On being put to the vote 5 Members voted for approval, 6 voted against and 1 abstained and the application was not approved.

 

It was then proposed and seconded that that the application be refused on the grounds of urbanisation of the open countryside, harm to the character of the rural setting, harm to the landscape character and no positive contribution to the biodiversity as outlined in the Greensand Ridge Nature Improvement Policy and national policy.

 

On being put to the vote 6 Members voted to refuse the application, 4 voted against and 2 abstained.

 

RESOLVED

 

that Planning Application No. CB/17/03228/OUT relating to land west of Jacques Lane, Clophill, Bedford, MK45 4BS be refused as set out in the Schedule attached to these minutes.

 

 

 

Supporting documents: