EXCLUSIVE: Planning Inspector Griffiths refuses appeal for 10 houses in greenbelt near Storeton Woods

EXCLUSIVE: Planning Inspector Griffiths refuses appeal for 10 houses in greenbelt near Storeton Woods

EXCLUSIVE: Planning Inspector Griffiths refuses appeal for 10 houses in greenbelt near Storeton Woods

                             

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Planning Appeal to OUT/13/01259 Land adjacent Marsh Lane Higher Bebington CH63 5PP Part 2 Committee Room 2, Wallasey Town Hall, 23rd July 2014

In an update to a story about an informal planning appeal hearing held at Wallasey Town Hall last week the Planning Inspectorate have made their decision to refuse the appeal. The site is currently a paddock with stables next to Storeton Woods.

The original grounds Wirral Council planning officers had given for refusing the application were inappropriate development in the greenbelt, highway safety and the effect it would have on trees covered by a tree protection order. The main issue for Planning Inspector Griffiths to consider was whether ten houses on this site (planning permission has already been given for conversion of the existing stables to three houses) was inappropriate development in the greenbelt.

On highway safety grounds, Inspector Griffiths disagreed with Wirral Council officers and local residents, as he regarded the extra traffic would not be significant. The Appellant had proposed moving a sandstone wall with an adjacent property to provide an access road to the ten houses. However in the Planning Inspector’s decision he stated this “would complicate and disrupt the continuous linear nature of the sandstone wall in an injurious fashion”.

The trees on the appeal site, which were protected by a tree protection order, were also referred to in the decision as “attractive features that contribute positively to the area.” He also felt it wasn’t clear that the moving of the sandstone wall for the access road could be done without resulting in the loss of trees.

Erecting ten houses (with gardens) on the site with an access road would affect the openness of the greenbelt permanently. In conclusion the Planning Inspector stated that “the proposal would have a harmful impact on the character and appearance of the area” and would “conflict with UDP Policy HS4 that requires proposals for new housing development not to result in detrimental change in the character of an area, amongst other things, and UDP Policy GR7 that, in simple terms, seeks to protect trees.”

There was a long discussion at the end of the hearing about housing land supply. The Council’s position was that it had a six-year supply of deliverable housing sites (or five years with a 20% buffer). The Appellant, using figures from the previous Regional Spatial Strategy instead said that the Council could only demonstrate a four-year supply or three and a half-year supply with a 20% buffer. The inspector commented on the housing land supply in his decision “Against that overall background, and on the basis of the evidence before me, it is difficult to reach a definitive view as to whether or not the Council can demonstrate a five-year supply of deliverable housing sites.”

In conclusion the Planning Inspector stated that even if Wirral Council couldn’t prove a five-year supply of deliverable housing sites, that the provision of ten houses on the site along with highway improvements weren’t enough to outweigh the harm caused by inappropriate development in the greenbelt. Therefore the appeal didn’t constitute the “very special circumstances” for development in the greenbelt and was refused.

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Wirral Council’s Planning Committee agrees to outline planning application for four bungalows on the Paddock, Kinloss Road, Greasby (OUT/13/00826) (31st October 2013)

Wirral Council’s Planning Committee agrees to outline planning application for four bungalows on the Paddock, Kinloss Road, Greasby (OUT/13/00826) (31st October 2013)

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The first planning application starts at 5:15 in the first video above.

Wirral Council’s Planning Committee agrees to outline planning application for four bungalows on the Paddock, Kinloss Road, Greasby (OUT/13/00826) (31st October 2013)

                              

This continues from Planning Committee (Wirral Council) 31st October 2013 Minutes, Declarations of Interest and Site Visits.

The first planning application decided (and the one that many people had come along to see a decision made on) was for four bungalows and some amenity open space on the Paddock, Kinloss Road, Greasby.

The Chair, Cllr Bernie Mooney asked an officer to introduce the planning application. He explained what it was for, why the officers had recommended it for approval and the officer’s response to the objections raised (which were mainly highway safety issues). He said that although it had a value as an open space, it was not designated as a green space or open to the public.

The lead petitioner introduced herself as Helen O’Donnell and explained why a hundred and forty-nine people had signed a petition objecting to the planning application. The first area of concern was safe access into and out of the housing estate, the petitioners felt that leaving this land open had been integral to the design of the original RAF estate. The petitioners felt that building here would lead to a loss of sight lines and a reduction in highway safety. Concerns were also raised about what would happen to the laybys which the petitioners felt were needed for a free flow of traffic. Helen O’Donnell also wanted the green rural route protected by the Planning Committee not approving the planning application.

The applicant, who introduced herself as Mrs. Glynn said that she hadn’t seen the photos circulated by Helen O’Donnell. She pointed out that the planning officers had recommended it for approval and that the proposed buildings were single storey and of a low density. She felt that everything had been done to meet the objector’s needs and repeated that it was recommended for approval by the planning department.

Cllr Steve Foulkes said he would like to hear from councillors who had been on the site visit. The Chair said that she had been on the site visit and that she couldn’t see what difference four households would make to access. Cllr Wendy Clements asked where the dwellings would be and asked for a response from the officers about the speed of traffic.

Matthew Rushton referred to an extra condition on the late list and that the greenery on the other side of the roundabout was maintained as public open space. An officer responded on highways safety grounds that there had been no accidents there over the last five years.

Cllr Eddie Boult said that he couldn’t see a problem with traffic on the site visit and that he found the photo circulated by the petitioners misleading as it was of a different area.

Cllr Geoffrey Watt said that he had also been on the site visit. Although he would be sad to see the loss of openness, there were still some green spaces left and he couldn’t think of a good planning reason for rejecting the planning application. He asked if a condition could be added to restrict the buildings to a single storey?

Cllr David Elderton pointed out that the photos weren’t of the site and that the police enforced the speed limit on this stretch of road, he agreed with Cllr Watt that it was nice to see urban green space, but again he couldn’t see any reasons for objecting to it.

Cllr Stuart Kelly agreed with what was said about traffic and pointed out that in the report it stated that it wasn’t designated as urban green space, however in the open space assessment it had been designated as open space (although officers had advised him this was in error). He referred to paragraphs seventy-four and seventy-seven of the National Planning Policy Framework and policy HS4. Cllr Kelly didn’t feel there were grounds to refuse it on highway safety grounds. He referred to a covenant on the land stating it was for grazing purposes.

The Chair thanked Cllr Kelly for his contribution. Cllr Foulkes said that when he had first joined the Council [in 1990], he had been on the Unitary Development Plan Working Party, but nobody had lobbied them then to make this land green space. He recognised that local people believed it was green space, but that the developer had set aside part of the land as an amenity space, he said he would struggle to support refusal if Cllr Kelly moved it. He felt that the extra car movements from four bungalows was insignificant and that he welcomed the comments from people who’d been on the site visit and pointed out that the photo was of somewhere else.

Matthew Davies said that it was designated in the Unitary Development Plan as a primary residential area. He referred to the criteria for a green space designation under the National Planning Policy Framework and said it couldn’t be described as beautiful and that it didn’t have historic or recreational value. If the planning application was refused on these grounds he thought that they would struggle to defend the decision at appeal.

Cllr Wendy Clements said she had looked at the map online and it was designated as urban green space.

Matthew Davies said that they had had a piece of work undertaken as part of the core strategy as to where the open spaces were. The consultant had picked this site, whereas Wirral Council had meant the consultant instead to include the site maintained by the parks and recreation department on the other side of the roundabout.

Cllr Watt asked again about a condition limiting the bungalows to a single storey. Matthew Davies replied that there could be a condition added restricted it to a single storey.

Cllr Denise Realey proposed approval (with the extra condition), Cllr Irene Williams seconded this. Eight councillors voted in favour. Three (Cllr Stuart Kelly, Cllr Geoffrey Watt and Cllr Paul Hayes) voted against. One councillor abstained, so the application was approved.

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Planning Committee (Wirral Council) (27th June 2013) APP/13/00574 5 Speedwell Drive, Barnston, CH60 2SY Change of use of garage to dog grooming parlour

Planning Committee (Wirral Council) (27th June 2013) APP/13/00574 5 Speedwell Drive, Barnston, CH60 2SY Change of use of garage to dog grooming parlour

The report on this agenda item (APP/13/00574 5 Speedwell Drive, Barnston, CH60 2SY Change of use of garage to dog grooming parlour) can be found on Wirral Council’s website.

This continues from Planning Committee (Wirral Council) (27th June 2013) OUT/13/0040 41 Noctorum Avenue, Noctorum, CH43 9RZ.

Matthew Davies: Thank you Chair, through you Chair, errm just remember there’s a qualifying petition as outlined in the details for this application as well.

The proposal is for the change of use for the garage to the property for a dog grooming parlour. The applicant outlines their intention to set up a business at the residential property, initially establishing a customer base for the dog grooming business facility. The garage is detached from the house with running water to the garage which appears to be well run.

The key issues to be considered to be essential are noise and disturbance and highway issues. Errm, considering the first, errm in this instance, the scale of the development as outlined is modest, the garage itself is five and a quarter metres by two and half metres which actually limits the activity which will be absorbed.

Conditions I’ve proposed have been agreed by the applicant to restrict the number of dogs to no more than two at any one time and no more than five in a given day. Hours have also been agreed by the applicant which restrict operations to 9am to 4pm Monday to Friday and 9am till 1pm on Saturday. There are no hours proposed on a Sunday.

Lastly, noise insulation will be required to the garage door which has been approved and no access is proposed through this garage door. Given these perhaps restrictive conditions it’s not considered unacceptable levels of noise in ordinary terms would arise nor be high through access.

Considering highway safety, the development may lead to a small increase in movements on the highway and a slight increase in demand for off street parking. However the scale of the development is modest and the structural impact upon it is minimal and no cause for highway safety issues. Given that conclusion reached the application is recommended for approval subject to the conditions as outlined.

Continues at Planning Committee (Wirral Council) (27th June 2013) APP/13/00574 5 Speedwell Drive, Barnston, CH60 2SY Change of use of garage to dog grooming parlour.