site visit - cannock chase district · site visit item no. 6.1. ch/16/139 land to the east of...

CH/16/139

Land to the east of Western Springs Road (Hagley Playing fields), Rugeley, WS15

2GD

Construction of scheme of flood alleviation including the creation of an earth

embankment, laying out of a vehicular maintenance track, footpath diversion,

landscaping, provision of replacement sports pitches and associated development

Site Visit

Item No. 6.1

CH/16/139

Land to the east of Western Springs Road (Hagley Playing fields), Rugeley, WS15

2GD

Construction of scheme of flood alleviation including the creation of an earth

embankment, laying out of a vehicular maintenance track, footpath diversion,


1 letter of objection recieved

Item No. 6.2

Location Plan

Item No. 6.3

Site Plan

Item No. 6.4

Landscape Masterplan

Item No. 6.5

Planning Control Committee 29-Jun-2016

Application No: CH/16/139

Received: 07-Apr-2016

Location: Land to the east of Western Springs Road (Hagley Playing fields),

Rugeley, WS15 2GD

Parish: Rugeley

Ward: Western Springs Ward

Hagley Ward

Description: Construction of scheme of flood alleviation including the creation of an

earth embankment, laying out of a vehicular maintenance track, footpath diversion,


Application Type: Full Planning Application Major

RECOMMENDATION Approve Subject to Conditions

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 the

National Planning Policy Framework.

1. B2 Standard Time Limit

2. E1 Tree & Hedge Retention

3. E10 Landscape Details Required

4. E11 Landscape Phasing

5. E12 Landscape Implementation

6. E13 Landscape Implementation- Phased

7. E15 Landscape Maintenance

8. E16 Landscape Management

9. E17 Landscape Management Plan Implementation

10. E2 Tree & Hedge Protection Details

11. E3 Tree & Hedge Protection Implementation

12. E4 Special Surface Construction- Tree / Hedge Protection

13. E5 Special Surface Construction-Implementation

14. E6 Arboricultural Work

15. E7 Arboricultural Work Implementation

16. E8 Programme of Work-Tree & Hedge Retention, Protection & Works

17. E9 Programme of Work-Implementation

18. K1 Implementation of Remedial Treatment

19. Approved Plans Schedule

20. Prior to construction phase starts the submitted Construction Management Plan dated

March 2016 shall be implemented and adhered to for the duration of the construction

Item No. 6.6


phase.

Reason

In order to comply with para 32 of the NPPF.

21. The development hereby permitted shall not be commenced until details of the

temporary access has been submitted to and approved in writing by the Local

Planning Authority which shall thereafter be provided in accordance with the

approved details.

Reason


22.

The temporary site access shall be permanently closed at the end of the construction

phase and the access reinstated as verge/footway to the satisfaction of the Local

Planning Authority.

Reason


23. Prior to the commencement of the development hereby permitted, a written scheme of

archaeological investigation (the schemme) shall be submitted for the written

approval of the Local Planning Authority. The scheme shall provide details of the

programme of archaeological works to be carriied out within the site, incliding post-

excavation reporting and appropriate publication. The scheme shall thereafter be

implemented in accordance with the approved plans.

Reason

In the interests of recoding the archaeology of the site in accordance with Local Plan

Policy CP15 and the NPPF.

IMPORTANT INFORMATIVES

Flood Risk Team

Any structures/works within the channel (e.g. pipes, headwalls, trash screens, penstocks)

of the Rising Brook upstream of Western Springs Road will require consent under the

terms of the Land Drainage Act 1991.

Severn Trent Water

We advise that there may be a public sewer located within the application site and

encourage the applicant to investigate this. Please note that public sewers have statutory

protection and may not be built close to, directly over or be diverted without consent. If

there are sewers which will come into close proximity of the works, the applicant is

advised to contact Severn Trent Water to discuss the proposals and we will seek to assist

Item No. 6.7


with obtaining a solution which protects both the public sewer and the building.

Please note, when submitting a Building Regulations application, the Building Control

Officer is required to check the sewer maps supplied by Severn Trent and advise them of

any proposals located over or within 3 metres of a public sewer. In many cases under the

provisions of Building Regulations 2000 Part H4, Severn Trent can direct the Building

Control Officer to refuse building regulations approval.

Reason for Committee decision: Major infrastructure proposal

EXTERNAL CONSULTATIONS

Environment Agency - No objections to proposals but have made the following

comments:

- confirm that the proposed flood alleviation scheme will reduce flooding in

Rugeley town centre;

- currently reviewing Water Framework Assessment to ensure the appropriate

measures are included to ensure mitigation;

- prior mitigation measures have been put into place to enable a licence application

to Natural England for white-clawed crayfish translocation as part of the scheme.

Historic England – Recommend that application is considered in light of national and

local planning policies in consultation with specialist conservation advice.

Natural England – Have advised that they have no comments to make on this application.

Rugeley Town Council – Advise that caution should be taken and the scheme

investigated before any works take place. Also have raised the following queries:

1. Are there any restrictive covenants on the donation of the land?

2, The Maps provided from the flooding of the Trent caused greater concern than

the flooding from the Rising Brook.

3. Opening the culvert would split the Town in half and would be fiercely opposed;

4. Flooding is primarily caused by poor drainage & insufficient maintenance of the

Town Centre Drains;

5. Definite direction on who will take the responsibility of the maintenance of the

field once work is complete.

Severn Trent Water – No objections subject to conditions

Sport England – Had initially submitted a holding objection to the application on the

following grounds of insufficient information to demonstrate accordance with any of the

exceptions to Sport Englands Playing fields Policy or with Paragraph 74 of the NPPF.

However, in consultation with Sport England the applicant has provided additional

Item No. 6.8


information. Subsequently, Sport England has withdrawn its objection, subject to

conditions in respect of the design and quality of the retained and new pitches and

ensuring that alternative arrangements for pitch availability for local rugby and football

clubs is ensured during the construction phase of the development.

Staffordshire County Council (Highways) – No objection, subject to recommended

conditions.

Staffordshire County Council (Archaeologist) – No objection, subject to a condition

requiring a written scheme of archaeological investigation.

Staffordshire County Council (Local Lead Flood Authority) – No objection, but, have

suggested an informative.

Staffordshire County Council (Mineral and Waste Planning) – No objection

INTERNAL COMMENTS

Council Ecologist – Has advised that he is satisfied with the Ecological Survey reports

and mitigation proposed, subject to securing this by condition.

Environmental Protection – No objections, subject to conditions.

Trees, Landscape and Countryside – In summary, have advised as follows:

• No general objection to the proposal to create Flood Storage Area

• Issue with proposed flood flows over footpaths and safe use of paths

• Reduction in tarmac area required - maintenance access

• Use of grass cell/reinforcement strongly recommended on hard standing area and

spill way

• Amendments to tree planting to improve diversity and establishment.

• Relocate site access of Weston Springs Road to exiting access point.

• Amendments to landscape scheme required.

• Footpath phased reopening to look at/advise.

• Skate park confirm accessible/continued use

RESPONSE TO PUBLICITY

Newspaper advert, site notice and adjacent occupiers notified with 1 letter of received.

The writer states that:

Rugeley has never suffered from flooding only excess surface water entering businesses

since pedestrianisation never before.

Item No. 6.9


RELEVANT PLANNING HISTORY

None

1. SITE AND SURROUNDINGS

1.1 The application site comprises the Hagley Park Playing Fields which are located

to the west of Rugeley town centre. The site is currently maintained as football and

rugby pitches and is bounded by residential properties to the north and south. To the east

of the site is a youth centre, bowling green and skate park. Immediately beyond theses is

the A460 Western Springs Road; the Rising Brook and associated fringing woodland to

the north and agricultural fields to the west. The site is currently under the ownership of

Staffordshire County Council and leased by Cannock Chase District Council.

1.2 The site area is approximately 9Ha. Principal access to the site is via the A460.

1.3 There is a public footpath that runs along the southern boundary of the site and the

Chase Heritage Trail runs along the western boundary

1.4 To the north of the site on the opposite side of Weston springs road lies Elmore

Park. This falls within the boundary of the Sheepfair & Bow Street Conservation Area

1.5 Adjacent to the western boundary but off site are two Grade II listed

structures, a bridge and ‘Grotto’.

1.6 The application site is within the Green Belt.

2. PROPOSAL

2.1 The application seeks full planning permission for the creation of a Flood

Alleviation Scheme (FAS). The proposal is to use the Hagley Park Playing Fields as a

formal flood plain.

2.2 An earth embankment (350m long by 4m high) will be constructed adjacent to the

eastern boundary of the playing field, running parallel to Western Springs Road. This

embankment will be formed of imported clay and topsoil won from ground lowering of

up to 1.6m from within the reservoir storage area. The embankment will have a 1:4

grassed slope with a 4m wide crest. A tarmacked path will be provided on the crest of the

embankment which will connect with the existing public rights of way, creating a circular

pathway around the playing fields. Drains would be located either side of the

embankment. The existing rugby and football pitches will be relocated away from the

embankment, in addition, an area of ground lowering to the south of the existing pitches

will create a level area where two new pitches will be created. The bund would include

Item No. 6.10


sheet piling installed from existing ground level along the centre of the embankment.

The sheet pile is required to retain below ground water within the reservoir storage area.

2.3 1:12 vehicular access ramps will be provided either side of the embankment. The

vehicle access would be via the existing youth centre access.

2.4 Prior to the works starting on site the existing gas and water utility infrastructure

will require protection, relocating or replacing.

2.5 A reinforced concrete cast orifice structure will be introduced onto the Rising

Brook to limit the flow of the watercourse during high flow events to between 0.6 and

0.7m3/s. The orifice structure would allow the rising brook to overflow during high

flows across the footpath and pass down the adjacent field into the flood storage

reservoir. Other water management features are also proposed.

2.6 A site-wide landscaping scheme is included as part of the proposal which will

include tree planting along the embankment, footpath and the boundary.

2.7 The Cannock Chase Heritage Trail which runs adjacent to the northern boundary

of the application site will be reinstated. Whilst the heritage trail is being reinstated the

brick bridge, which is currently in poor condition and fenced-off will be reinstated as part

of the heritage trail.

2.8 The full extent of the site area includes the temporary working area, which is to be

located in the field to the south of the site adjacent to the leisure centre car park. The

temporary compound will contain the welfare facilities, offices and car parking for the

use of contractors.

2.9 Along with the relevant plans and drawings the applicant has also submitted the

following supporting documents and information:

Planning Statement

Landscape and Visual Impact Assessment

Heritage Statement

Construction Management Plan

Utility Statement

Preliminary Environmental Information

Extended Phase 1 Habitat Survey

Archaeological Information

White-clawed Crayfish Survey Report

Preliminary Bat Roost Assessment Report

3. PLANNING POLICY

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

Item No. 6.11


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 the Cannock Chase Local Plan (2014)

3.3 Other material considerations relevant to assessing current planning applications

include the National Planning Policy Framework (NPPF), National Planning

Policy Guidance (NPPG) and Supplementary Planning Guidance/Documents.

Cannock Chase Local Plan (2014)

3.4 CP1 - Strategy – the Strategic Approach

The overall strategy is to direct housing and employment development to urban

areas in proportion to population sizes at the start of the plan period and protect

the Cannock Chase AONB and other green infrastructure. ;

Development proposals at locations within the green belt will be assessed

against the NPPF and Policy CP14. When considering development proposals

the Council will take a positive approach that reflects the presumption in favour

of sustainable development contained within the NPPF. Working proactively

with applicants to find solutions which mean that proposals can be approved

wherever possible and to secure development that improves the economic,

social and environmental conditions in the area. Planning applications that

accord with the policies in this Local Plan will be approved without delay unless

material considerations indicate otherwise. Where there are no policies

relevant to the application or relevant policies are out of date at the time of

making the decision then the Council will grant permission unless material

considerations indicate otherwise.

3.5 CP5 – Social Inclusion and Healthy Living states, ‘the Council will work with

public, private and third sector partners to ensure that appropriate levels of

infrastructure are provided to support social inclusion and healthy living within

the District.’ The key elements of this infrastructure include (amongst others):

parks, open spaces and woodlands, play areas all allotments; playing pitches, golf

courses and facilities for athletics, tennis and bowling; and cycling/pedestrian

routes and pathways.

3.6 CP3 - Chase Shaping – Design

High quality design will be a requirement of all development. Particular facets of

good design will include response to climate change challenges, providing access

for all and designing out crime. This policy also seeks to safeguard the amenity

of existing residents from new development proposals.

3.7 CP10 – Sustainable Transport

Seeks to promote sustainable modes of transport including walking, stating that

measures to improve or provide facilities for pedestrians that are safe, secure,

Item No. 6.12


direct, convenient and attractive will be supported.

3.8 CP11 – Centres Hierarchy

The policy recognises Rugeley’s role as a Market Town serving the surrounding

area and that this role will be continued and strengthened. It acknowledges that

lack of investment has resulted in the deterioration of the centre and that the Town

Centre Area Acton Plan (AAP) aims to address such issues.

3.9 CP12 - Biodiversity and Geodiversity

The safeguarding of sites and species according to their international, national and

local status and the protection, conservation and enhancement of habitats are

fundamental requirements alongside development ensuring any adverse impacts

are mitigated.

3.10 CP14 – Landscape Character and Cannock

Seeks to protect, conserve and enhance the District’s landscape character.

3.11 CP15 – Historic Environment

Safeguarding the District’s historic sites, buildings, features and archaeological

remains will be an important consideration in development maintaining an

appropriate balance between conservation, re-use and new development.

Rugeley is a particular focus, where built heritage will help guide the

regeneration of the town centre.

3.12 CP16 - Climate Change and Sustainable Resource Use

In order to help address the challenges presented by climate change positive

consideration will be given to development proposals that perform well in relation

to accessibility of services and transport networks, that utilise land assets

sustainably and which contribute to renewable and low carbon energy generation

in the District.

3.13 Rugeley Town Centre Area Action Plan (Local Plan Section 2)

Section 2 of the Cannock Chase Local Plan (Part 1) is the Rugeley Town Centre

Area Action Plan (AAP). The AAP provides detailed guidance and a planning

framework to aid the regeneration of the town. The AAP details five main

objectives; Improvements in shopping, movement and access, community, leisure

and the arts, conservation and the built environment and housing.

The AAP sets out a series of both general and site specific policies to guide the

regeneration of the town. The policies detailed below are directly relevant to this

proposal.

3.14 Policy RTC6 – Rugeley Market Hall/Bus Station and Surrounding Area; this

policy details the redevelopment potential of the market hall/bus station site. It

Item No. 6.13


states, development shall not be occupied until a flood alleviation scheme on

Hagley Park Playing Fields has been constructed in order to ensure that the

development is safe and acceptable in policy terms.

3.15 Policy RTC9 – Public Realm; states the public realm will be enhanced in Rugeley

Town Centre in the following ways (amongst others);

‘Water feature – the desire to de-culvert Rising Brook as it flows through the

town centre in conjunction with the Environment Agency has attracted support for

development of a water feature in Brook Square, which would form a distinctive

focal point.’

3.16 Policy RTC10 – Transport; states ‘new pedestrian and cycle links will improve

access and movement for all sections of the community. . . . they will link into the

Chase Heritage Trail to maximise accessibility throughout the District’. The

Chase Heritage Trail opened in 2008 linking Cannock and Rugeley via Cannock

Chase AONB with a walking and cycling route passing through or close to

historic sites and includes a section in the town centre. ‘Where appropriate

development on sites on or having an impact upon those identified for new links

will be expected to help deliver them and proposals must not prejudice their

delivery’.

3.17 Policy RTC11 – Flood Alleviation Measures: to reduce existing flood risk

affecting the town centre, a formal flood alleviation scheme will need to be

constructed within the open land to the west of Western Springs Road, A460. As

a minimum, the scheme shall hold back functional flood plain flows and ensure

that all site allocations, currently in flood zone 3B within the AAP are outside the

functional flood plain, and will enable vehicular access. This scheme will be

delivered in partnership through financial contributions from the Environment

Agency. Implementation of the scheme will be required prior to regeneration for

the Rugeley Market Hall/Bus Station site and also the Market Street Garages Site

(Policies RTC 6 and 5) unless flood risk assessment indicates otherwise in

accordance with policy RTC5.

The justification for this policy (RTC11) refers to the Level 2 Strategic Flood

Risk Assessment (SFRA) which states:

‘Modelling has demonstrated that the playing field upstream of the A51 is acting

as an informal flood storage area, therefore, offering a degree of flood mitigation

to downstream locations. Any alterations to this area may lead to an increase in

flood risk downstream. In its current state, lie of the land causes much of this

flood water to flow across the playing field and flow over a low spot in the A51.

From here, water flows into the Bus Station/Market Hall Site, located downstream

of the A51. Options to create formal floodplain storage area at this location

should therefore be investigated in consultation with the Environment Agency. It

is strongly recommended that this area is safeguarded from future development’.

Item No. 6.14


National Planning Policy Framework

3.18 The NPPF sets out the Government’s position on the role of the planning system

in both plan-making and decision-taking. It states that the purpose of the planning

system is to contribute to the achievement of sustainable development, in

economic, social and environmental terms, and it emphasises a “presumption in

favour of sustainable development”.

3.19Key provisions of the NPPF relevant in this case:

3.20 The NPPF confirms that a plan-led approach to the planning system and that

decisions must be made in accordance with the Development Plan. In particular

the following NPPF references are considered to be appropriate.

3.21 Paragraph 20. To help achieve economic growth, local planning authorities should

plan proactively to meet the development needs of business and support an

economy fit for the 21st century.

3.22 Paragraph 23. Planning policies should be positive, promote competitive town

centre environments and set out policies for the management and growth of

centres over the plan period.

3.237. Requiring good design

3.24 Paragraph 56 attaches great importance to the design of the built environment and

states good design is a key aspect of sustainable development, is indivisible from

good planning, and should contribute positively to making places better for

people.

3.25 Paragraph 57 states it is important to plan positively for the achievement of high

quality and inclusive design.

3.26 Paragraph 58 states planning policies and decision should aim to ensure that

development meet criteria including:-

- Function well and add to the overall quality of the area

- Establish a strong sense of place

- Respond to local character and history and reflect the identity of local

surroundings and materials

- Are visually attractive as a result of good architecture and appropriate

landscaping

3.27 Paragraph 61 considers planning decisions should address connections between

people and places and the integration of new development into the natural, built

and historic environment.

Item No. 6.15


3.28 Paragraph 64. Permission should be refused for development of poor design that

fails to take the opportunities available for improving the character and quality of

an area and the way it functions.

3.29 Promoting Healthy Communities

3.30 Paragraph 70. ensure that established facilities and services are able to develop

and modernise in a way that is sustainable and retained for the benefit of the

community

3.31 Paragraph 74. Existing open space, sports and recreational buildings and land,

including playing fields, should not be built on unless:

-an assessment has been undertaken which has clearly shown the open space,

buildings or land to be surplus to requirements; or

-the loss resulting from the proposed development would be replaced by

equivalent or better provision in terms of quantity and quality in a suitable

location; or

-the development is for alternative sports and recreational provision, the needs

for which clearly outweigh the loss.

3.329, Protecting Green Belt land

3.33 Paragraph 79 Green Belt policy is to prevent urban sprawl by keeping land

permanently open.

3.34Paragraph 80. identifies the five purposes of Green Belts which are:

- to check the unrestricted sprawl of large built-up areas

- to prevent neighbouring towns merging into one another

- to assist in safeguarding the countryside from encroachment

- to preserve the setting and special character of historic towns

- to assist in urban regeneration by encouraging recycling of derelict and other

urban land

3.35 Paragraph 81 states local planning authorities should plan positively to enhance

the beneficial use of the Green Belt and to retain and enhance landscapes and

visual amenity.

3.36 Paragraph 87 Inappropriate development is harmful to the Green Belt and

should not be approved except in very special circumstances.

3.37 Paragraph 90. Certain other forms of development are also not inappropriate in

Green Belt provided they preserve the openness of the Green Belt and do not

conflict with the purposes of including land in Green Belt. These are:

● mineral extraction;

● engineering operations;

Item No. 6.16


● local transport infrastructure which can demonstrate a requirement for a

Green Belt location;

● the re-use of buildings provided that the buildings are of permanent and

substantial construction; and

● development brought forward under a Community Right to Build Order.

3.38 11. Conserving and enhancing the natural environment

3.39 Paragraph 109. The planning system should prevent new and existing

development from contributing or being put at unacceptable risk from, or being

adversely affected by unacceptable levels of…air…or noise pollution.

3.40 Paragraph 118 states planning permission should be refused for development

resulting in loss or deterioration of irreplaceable habitats...and the loss of aged

or veteran trees...unless the benefits of the development clearly outweigh the

loss.

3.41 Paragraph 120 seeks to prevent unacceptable risks from pollution and land

stability.

3.42 Paragraph 123 aims to mitigate and minimise adverse impacts on health and

quality of life from noise.

3.43 12 Conserving and enhancing the historic environment

3.44 Paragraph 126 Heritage assets are an irreplaceable resource.

3.45 Paragraph 131 Take account of: Desirability of new development making a

positive contribution to local character and distinctiveness.

3.46 Paragraph 133 Refuse consent, unless it can be demonstrated that the substantial

harm or loss is necessary to achieve substantial public benefits that outweigh

that harm or loss.

3.46 Planning Policy Statement – A Sporting Future for the Playing Fields of England

Sport England oppose any planning application which results in the loss of

playing field land unless it is satisfied that the application meets with one or

more of five specific exceptions. These exceptions are incorporated within

paragraph 74 of the NPPF.

Policy Exception E3 states that:

‘The proposed development affects only land incapable of forming, or

forming part of, a playing pitch, and does not result in the loss of or inability

to make use of any playing pitch (including the maintenance of adequate

Item No. 6.17


safety margins), a reduction in the size of the playing areas of any playing

pitch or the loss of any other sporting/ancillary facilities on the site’.

Policy Exception E4 states that:

‘The playing field or playing fields, which would be lost as a result of the

proposed development, would be replaced by a playing field or playing fields

of an equivalent or better quality and of equivalent or greater quantity, in a

suitable location and subject to equivalent or better management

arrangements, prior to the commencement of development’.

3.47 Design – Supplementary Planning Document (SPD) - Sets out design advice for

new development.

4 DETERMINING ISSUES

4.1 The determining issues for the application are:-

• Principle of proposed development including Green Belt implications

• Sustainability

• Design

• Landscaping

• Impact on existing playing fields

• Impact upon neighbours

• Ecology

• Heritage

• Landscape and Visual Impact

4.2 Principle of development

4.3 The planning application is for full planning permission to construct a strategic

flood alleviation scheme (FAS) for Rugeley with the aim of reducing the risk of flooding

in Rugeley from the Rising Brook.

4.4 The Rising Brook flows from Hednesford, through Slitting Mill and onto Rugeley

town centre. Within Rugeley the Rising Brook is culverted before entering the River

Trent to the east of the town centre.

4.5 Flooding occurs along the Rising Brook as a result of: exceedance of channel of

culvert capacity; culvert/trash screen blockage/siltation; and the inability of surface water

sewers and highway drainage to outfall into the Rising Brook due to outfalls effectively

becoming ‘flood-locked’.

4.6 Rugeley is at risk from flooding from the Rising Brook which regularly floods the

Hagley Park Playing Fields. In some cases, flood water has been able to flow across a

low spot on the A51 and into the Bus Station/Market Hall area. Currently there are over

Item No. 6.18


100 properties, the bus station and various highways at risk from flooding, furthermore,

the area at risk includes a part of Rugeley town centre that the Council has earmarked for

redevelopment within the Rugeley Town Centre (AAP).

4.7 Extensive flooding in the town was experienced in 2012; this was not considered

an isolated occurrence with records of previous floods in the town during 1982,

the1970’s, the 1960’s and 1958. These flood events are known to have affected business

interests in the town centre, the bus station and highways.

4.8 The proposed development would deliver a flood alleviation scheme designed to

reduce the potential for further extensive flooding.

4.9 Green Belt considerations - The application site is located in the Green Belt and in

considering the principle of the proposal regard needs to be given to the Green Belt

implications. Most types of development are considered inappropriate in the Green Belt.

However, the NPPF does include certain types of development, which are considered

appropriate, this includes an ‘engineering operation’. Overall, the works arising from this

proposal can also be considered an ‘engineering operation’ as defined by the NPPF.

Whilst the nature of the proposals will necessitate some raising of land levels, the form

and nature of the resulting development, which also includes some more limited hard

standing areas, will maintain the inherent openness of the locality. As such the proposals

represent an ‘appropriate’ form of development within the Green Belt, do not conflict

with the purposes of Green Belt policy and will not have an adverse impact upon the

open character of the Green Belt.

4.10 In terms of broader principles the proposed development is fully consistent with

core planning policy objectives at both the national and local level. The scheme will

implement the objectives of paragraph 94 of the NPPF in that it seeks to deliver a pro-

active strategy which adapts to climate change and seeks to address flood risk within

Rugeley. Furthermore, the proposed development is a direct response to policy RTC11 of

the Local Plan, in that it will deliver a formal scheme of flood alleviation as identified

under the terms of the policy.

4.11 The proposals will directly support further development and regeneration within

Rugeley town centre by protecting the entire site allocations currently identified within

the AAP and ensure that all of these sites lie outside of the functional flood plain as a

result of the implementation of the flood alleviation scheme. In particular, the proposed

development will unlock the key regeneration sites of Rugeley Market Hall/Bus Station

site and the Market Street Garages site as identified under the provisions of policy RTC5

and RTC6 of the Local Plan. As such, the proposal is supported in principle, subject to

the further considerations set out below.

4.12 Sustainability

The delivery of the proposed flood alleviation scheme will support the objectives of

planning policy at both the national and local level. A core principle of the NPPF is the

Item No. 6.19


delivery of sustainable development. The proposed development will deliver a scheme

which will help to prevent the flooding of a number of homes, businesses and associated

infrastructure, through the creation of a formal flood storage area within the Hagley Park

Playing fields.

4.13 The proposed development will be constructed on what is currently Hagley Park

Playing Fields; the playing fields are currently acting as an informal flood storage area

which offers a degree of flood protection to downstream locations. Once the construction

period of the development is complete the site will return to its current use. As such, the

proposals accords with the need for flood alleviation in Rugeley under Policy CP16 and

the wider sustainable development aims of the NPPF.

4.14 Design

4.15 The proposal is to create a formal flood storage area, the main component of

which is the construction of the bund/embankment.

4.16 Bund Construction - This comprises the construction of a grassed embankment

which would be approximately 4m high max and 350m in length along the eastern

boundary of the playing field, running parallel to the Western Springs Road. The bund

will be constructed from approximately 22,000m3 of material imported onto the site and

will be tarmacked to provide access for vehicles and pedestrians, this tarmacked pathway

will be accessed via the youth centre car park.

4.17 Improvements to existing pitch levels - An area of 15,000m2 in the southern

section of Hagley Park will be levelled off to create a more suitable area for playing

pitches. Materials from this area would be utilised to construct the bund.

4.18 Reinstatement of the collapsed footbridge - During the construction works, the

existing collapsed footbridge which crosses the Rising Brook will be reinstated. The

brick bridge is currently in poor condition with a substantial section having collapsed, it

has been blocked off to the public by safety barriers. This bridge forms part of the

Cannock Chase Heritage Trail and so the reinstatement to the bridge is an important

aspect of maintaining access to the Heritage Trail.

4.19 The bund would be an extensive engineering solution. However, it would appear

as a large grass mound. This is considered acceptable in the context of the larger site,

which comprises playing fields. As such, subject to conditions controlling design of the

bund, planting and surface treatments the proposed bund is considered acceptable in

design terms. Improvements to the existing pitch levels and the reinstatement of the

collapsed footbridge raise no significant design issues and are supported. Overall, the

proposal accords with Local Plan Policy CP3

4.20 Landscaping

Item No. 6.20


Some vegetation clearance is required to facilitate the proposal. A scheme of tree

planting will help to mitigate loss of the existing vegetation. Consequently, new trees are

proposed along the eastern boundary to soften the views of the embankment from

Western Springs Road. Along the southern boundary trees will create a screening of the

raised footpath from the properties on Burnthill Lane. Along the western boundary of the

park trees will be planted to provide boundary enhancement. Wildflower grassland will

create new habitat areas at the rear of the properties on Burnthill Lane and along the

western boundary of the site.

4.21 Overall, there would be a net increase in planting on the application site. The

council’s Landscape Officer has been consulted and has requested a greater variety of

planting and further information in respect of the proposed landscaping. Such details

would be secured via conditions. As such, subject to the submission of further

information the proposed landscaping is considered acceptable and over time would help

screen the bund as well as adding to biodiversity. As such, the landscape proposals

accord with Local Plan Policies CP3, CP12 and CP14.

4.22 Impact on existing playing fields

4.23 The application site comprises existing playing fields. Open spaces, sports and

recreational facilities have a vital role to play in promoting healthy living, through

preventing illness, promoting social interaction and the creation of sustainable

communities. The proposed development will provide increased protection to the town

centre from the current level of flood risk. Once construction is complete the works will

strengthen the status and continued use of the site as playing fields, by limiting the

suitability of the site for alternate future development.

4.24 As part of the proposals, the existing sports pitches will be enlarged and enhanced

beyond their existing provision. In respect of the formal laid out pitches, the two existing

pitches, which are currently 4,928m2 and 7,896m2; will increase in size to 5,400m2 and

8,400m2 respectively. Moreover, two brand new pitches will be provided to the southern

part of the site each being some 6,000m2 in site area, with the undulating land on this part

of the site being levelled to ensure a playable surface.

4.25 Whilst it is accepted that the proposed development will result in some loss of

‘playing fields’ land to deliver the scheme, significant areas of open land will remain and

the existing formal pitches will be enlarged and improved in accordance with the aims of

paragraph 74 of the NPPF and Sport England’s own planning policy guidance which

states that where open space or playing fields are to be lost, this should be replaced with

equivalent or better provision in terms of quantity or quality.

4.26 Sport England had submitted a holding objection. However, the applicant has

been in dialogue with and provided additional information to Sport England to address

the concerns they have. Subsequently, Sport England has withdrawn its objection,

Item No. 6.21


subject to conditions.

4.27 Furthermore, it is proposed that fitness trail markers will be included at four

points within the scheme these markers will be included as part of a circular tarmacked

route looping around the park. Rugeley Leisure Centre has a long-term plan to develop an

extension to the 3G AstroTurf pitch. This extension is proposed to be sited on the area

which will be utilised for the temporary works compound. Due to the planned delivery

timeframe the temporary compound will not disturb the delivery of the AstroTurf pitch

extension.

4.28 Hagley Park Playing Fields host the annual Rugeley charter fair organised by

Rugeley Town Council. The design of this scheme has been considerate to all uses of the

playing field and has maintained a HGV access to the fields as required for the fair. The

temporary compound setup will begin following the Charter Fair on 4th June 2016 with

an anticipated start to the construction works being on the 6th June 2016.

4.29 Anti-social behaviour is currently experienced within the north of the park.

Existing vegetation and tree coverage in the north of the park around the Rising Brook

results in hidden and secluded areas which attract anti-social behaviour. The area is

heavily littered and there is a known problem of substance misuse at the site. Some

vegetation clearance is likely to be required as a consequence of this scheme and in

particular with regards to the works on the collapsed bridge. This will enable natural

surveillance by reducing the size of the area which falls under tree cover, this may help to

reduce the tendency for anti-social behaviour.

4.30 Impact upon neighbouring dwellings

4.30 The nearest dwellings to the proposed bund would be those along Burnthill Lane.

The rear boundaries of these dwellings would be approximately 10m to 20m from the

centre of the path on the top of proposed bund. As such some views of the rear gardens

of these dwellings would be possible. However, given the distance separation and the fact

that the actual dwellings would be over 30m from this path; the proposed relationship of

the bund at 4m high and these dwellings is considered acceptable. In addition, the

applicant is proposing tree planting along the rear of some of the dwelling, which over

time would mitigate some of this impact.

4.31 There are also some dwellings to the north of the site along Bank Top, which

would also be close to the proposed bund. However, the rear gardens of these dwellings

would be over 10m from the proposed bund and similarly, this relationship is considered

acceptable.

4.32 In the short term there would be some impact on nearby residents associated with

the construction of the proposed flood alleviation scheme, by way of noise, dust and

disturbance. The applicant has submitted a Construction Management Plan to manage

and mitigate such impacts. Consequently, it is concluded that there would be no

significant material impact on the amenity of nearby residents. Therefore, the proposal

Item No. 6.22


accords with Local Plan Policy CP3, which seeks to safeguard the amenity of residents

from new development proposals.

4.33 Ecology

4.34 The applicant has commissioned a Preliminary Ecological Appraisal Report. This

assessment identifies whether there are known or potential ecological receptors relevant

to the proposed development and provides recommendations to address the implications

on any significant ecological receptors identified from the study.

4.35 The report concludes that the majority of the site is of poor ecological value

comprising of intensively managed grassland. Slitting Mill Retained Biodiversity Alert

Site which lies along the north western boundary of the site holds the most ecological

value through the presence of the Rising Brook, pond and woodland forming an

important mixed habitat corridor. The identified habitats have the potential to support

protected species, which needs to be ascertained through further survey work.

4.36 The report states that the main impacts likely to be on the amenity grassland

through levelling areas and the construction of the bund. But recognises that there

numerous opportunities to mitigate for the works and enhance the open space to benefit

both people and wildlife. Given the local historical importance of the area, the existing

and potential ecological interest, along with the high profile of the public open the report

advises on the production of an Ecological Constraints and Opportunities Plan (ECOP).

4.37 The report also advises on and sets out recommendations for impacts arising on

other habitats including running water, standing water, lowland woodland and hedgerow.

4.38 In terms of species the Preliminary Ecological Appraisal Report considered

impact on the following species, bats, water vole, nesting birds, reptiles, badgers and

White-clawed Crayfish.

4.39 For nesting birds the report recommends vegetation clearance to be undertaken

outside of the usual bird breeding season. In respect of reptiles the report states that the

proposed works are unlikely to lead to large scale disturbance of reptile habitats. No

initial evidence of water vole or badger activity was found.

4.40 White- Clawed Crayfish -The applicant has also commissioned the preparation of

a White-clawed crayfish Survey Report for the Rising Brook . This report concludes that

a population of white-clawed crayfish is present within the survey site and it is probable

that the site may provide connectivity between upstream and downstream habitats. The

proposed works has the potential to injure or kill the native white-clawed crayfish, and

the removal or damage to their habitats would result in negative impacts to the

conservation of any population present onsite, downstream and possibly upstream. Any

increase in silt levels or pollution could be devastating to the population. In response to

this report, Staffordshire Wildlife Trust produced a habitat work and mitigation measures

recommendation report. The report states, ‘current proposals for the delivery of the

Item No. 6.23


Rugeley FAS will directly impact on a small section of substrate although the overall

impact on the white-clawed crayfish population will be small’. The report suggests a

number of mitigation measures to limit the impact on the white-clawed crayfish at this

site.

4.44 Bats – The Phase 1 – Habitat Survey identified that the site contains a number of

mature trees that have features that could be utilised for bats and therefore recommended

a Bat survey. Accordingly, the applicant has commissioned a Preliminary Bat Roost

Assessment Report, which concludes: that bat roosts are absent based on the

unsuitability of the structures and trees to support roosting bats with the exception of a

low risk tree (T19). In respect of T19 the report advises that it is removed sensitively.

4.45 The Council’s Ecologist has reviewed the submitted information and has

concluded that he is satisfied with the Ecological Survey reports and mitigation proposed,

subject to securing this by condition.

4.46 Heritage

4.47 A geophysical survey was undertaken to provide an understanding and assessment

of the archaeological features within the proposed development site in order for impacts

to be considered. The survey identifies two features that have been characterised as of

archaeological origin within the site, these are a former field boundary and additional

linear features, these are possibly related to former field boundaries which provide

evidence of an agricultural past. The County Archaeologist has reviewed this

information and raises no objection, subject to a condition requiring a written scheme of

archaeological investigation.

4.48 The presence of two Grade II Listed Buildings which lie within close proximity to

the proposal site has been identified: The Grotto, a late 18th

Century structure, whilst

outside the area of the scheme care will be taken when undertaking works within its

vicinity; and The ornamental bridge, a designated Grade II structure which spans the

Rising Brook, although this bridge is currently in a state of disrepair. Given the nature of

the works proposed, officers conclude that the proposal will not have an adverse impact

on these Grade II Buildings.

4.49 For the above reasons it is concluded that subject to conditions the proposal will

not adversely impact on existing heritage assets and therefore, subject to recommended

conditions the proposal accords with Local Plan Policy CP15 and the NPPF.

4.50 Landscape and Visual Impact

4.51 A Landscape and Visual Impact Assessment (LVIA) has been produced in

relation to the proposed development. The objective of the LVIA is to identify the likely

effects of the proposal on landscape character and visual amenity.

Item No. 6.24


4.52 The LVIA concludes that the proposed development would have a minor effect on

landscape character during the construction period, whereby the machinery and

construction activities would appear incongruous in an open area of recreational land.

4.53 The LVIA acknowledges the change in landform during the post construction

period, but that the landscape baseline would largely be retained, with some enhancement

through new soft landscape planting. It also recognises a change in landscape character

during flood storage periods, but the valley location adjacent to the brook would result in

a negligible effect on landscape character. ~

4.54 In respect of visual amenity, the LVIA acknowledges that the effects would be

most prominent during the construction period for most viewpoint locations. The effects

during the post construction phase would be similar to that of the existing situation and

would be temporary. The bund is recognised as being of engineered form which will be

visible from most views, but also beneficially screen the youth centre and skate park from

a number of locations.

4.55 The council’s Landscape Officer has considered the LVIA and has concluded that

the proposals will have a visual impact on the area and will change how people use that

area, however the proposals have been designed in general to accommodate

changes in use patterns by providing appropriate access routes. Visually the proposed

bund will be seen primarily from the south and west. Views from the north will be

generally screened by the exiting trees/woodland. From the north east and eastern aspect

the top of the bund will be visible above the exiting hedge along Western Spring Road.

This may become more noticeable with people walking along the bund.

The proposed tree planting along Weston Springs Road would ultimately screen this

aspect reasonably well. As such, overall the proposal would have no significant impact

on the landscape or visual amenity.

4.56 Other matters

The concerns of Rugeley Town Council are noted and officers are aware that

representatives of the Environment Agency have been corresponding with them on

specific issues they have raised. In respect of the matters raised in the consultation

response the EA have advised as follows:

1. There are a number of covenants related to the land. Our legal representatives

have looked at this and suggest that our powers of entry under the Water Resources Act

would trump any covenants made between individuals with regard to the land. The

covenant that has been mentioned to me is related to retaining the land as recreational

land. The land will still retain its current function as a playing field once our scheme is

constructed.

2. This planning application is for a scheme that protects Rugeley from the Rising

Brook. We sent Rugeley Town Council a map of Flood Risk from the River Trent, we find

it difficult to understand why they are concerned about risk from the River Trent when

Item No. 6.25


there are only a very small number of properties on the edge of the town within the flood

plain. Rugeley town centre is within the Flood plain of Rising Brook and this planning

application relates to a project to alleviate the risk from this watercourse.

3. Opening up the culvert does not form part of the planning application. The long

term strategy is to seek drainage improvements in the town centre by improving the

culverted sections when redevelopment occurs this may mean opening the culvert or

other improvements.

4. The town Centre is at risk from flooding from Rising Brook. This planning

application is concerned with reducing the risk from this watercourse. This flood

alleviation scheme will remove the planning constraint caused by the flood risk and then

allow the town to redevelop at opportunity sites identified in the Cannock Chase

District local plan. The scheme also relieves surface water drainage problems because

we will be storing water in Hagley Playing fields in times of flood. This will mean that the

culverted sections downstream will have more capacity to receive surface water. In the

longer term the redevelopment of opportunity sites will allow for further improvements to

drainage as culverted sections of the Rising Brook can be. This is essential for the long

term drainage improvements in Rugeley. We accept that the gully’s and drains need

clearing out and we have been out into Rugeley Town Centre with Rugeley Town Council

Councillors and officers from Cannock Chase DC and Staffordshire County Council to

look at them. The County Council will look into how these can be addressed.

5. The Embankment to be constructed as part of the scheme will be maintained by the

Environment Agency, the rest of Hagley Playing Fields will be maintained by

Staffordshire County Council.

4.57 Your officers are satisfied that the applicant has endeavoured to address the

matters raised by Rugeley Town Council.

5. 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. CONCLUSION

6.1 The development of this site for the purpose of a flood alleviation scheme delivers

a sustainable and otherwise appropriate form of development which would afford further

flood risk protection for the local area of Rugeley. At present there over 100 properties at

risk of flooding from the Rising Brook as well as businesses, roads and the market hall

and bus station area. Flooding from the Rising Brook in Rugeley has occurred on a

Item No. 6.26


regular historical basis. The most recent record of a flood event is in 2012, and there

have been previous events in the 1980’s, 1970’s, 1960’s and the 1950’s.

6.2 This proposal would make an important contribution to flood defence for Rugeley

Town, once the construction of the development is complete the current function of the

land can largely be retained and enhanced.

6.3 The site currently lies within the Green Belt and is used as playing fields for

football and rugby pitches. The proposals will result in the loss of some playing fields

land, however provision of formal sports pitches will be improved through the

enhancement of existing pitches and the laying out of two new pitches. This site has been

identified as a strategic location for a formal scheme of flood alleviation as it lies

upstream of the town centre and currently constitutes a natural flood plain and informal

flood storage area for the Rising Brook. As such the proposals represent an appropriate

form of development within the Green Belt and will not harm the open character of the

Green Belt. Given the strategic safeguarding of the site for a scheme of flood alleviation,

(and given historical flooding events) the development of the site for any other purpose

would likely be unacceptable and not otherwise supported by local or national policy or

guidance.

6.4 In addition, the proposal would also assist with the reinstatement of the collapsed

bridge which forms part of the Cannock Chase Heritage Trail.

6.5 The NPPF supports the development of strategies to mitigate and adapt to climate

change, furthermore, the local Council’s adopted Local Plan supports the construction of

a flood risk alleviation scheme on this site in order to afford Rugeley increased flood

protection.

6.6 In conclusion, the proposal would provide flood risk protection for over 100

properties, a range of businesses and infrastructure and would directly facilitate the

development of future regeneration opportunities in the town. It is considered that the

proposed development represents a sustainable and appropriate form of development.

Mitigation measures have been recommended to limit the impact of the development on

neighbours, ecological and archaeological features and it is not considered that the

proposed development would result in any adverse impacts which would significantly

outweigh the benefits that the scheme would deliver.

clients to

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Item No. 6.27


Item No. 6.28

CH/16/163

Asda Stores Ltd, Avon Road, Cannock, WS111LH

Erection of four pump petrol filling station with associated air/water unit and control

room

4 Letters of objection received

Item No. 6.29

Location Plan

Item No. 6.30

Site Plan

Item No. 6.31

Site Plan

Item No. 6.32

Proposed Elevations

Item No. 6.33

Proposed Sections

Item No. 6.34

Control Room Plans

Item No. 6.35



Received: 19-Apr-2016

Location: Asda Stores Ltd, Avon Road, Cannock, WS111LH

Parish: Non Parish Area

Ward: Cannock South Ward

Description: Erection of four pump petrol filling station with associated air/water

unit and control room

Application Type: Full Planning Application


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 the

National Planning Policy Framework.

1. B2 Standard Time Limit

2. E17 Landscape Management Plan Implementation

3. N1 Materials - Details Required

4. Approved Plans

5. Approved Plans

Reason for Committee decision: Objector request to speak against proposal.


Staffordshire County Highways

No objections on highway grounds. Car parking provision will be made at, or below, the

maximum provision specified in the Borough Council’s adopted car parking standards. It

is noted that the number of car parking spaces are below that standard but under the given

circumstances and after taking in consideration the surveys conducted and the graphs

presented it seems that although the level of parking is below the standards, it appears the

level of parking will be sufficient. It is also noted that there is a public car park nearby.

Fire Officer

No response received at the time of the compilation of this report. Should comments be

subsequently received Planning Committee will be updated on the date of Committee.

Health and Safety Executive (HSE)

Item No. 6.36


HSE is a statutory consultee for certain development within the consultation distance

(CD) of major hazard sites and major accident hazard pipelines and has provided

planning authorities with access to HSEs Planning Advice website.

Due to a technical issue HSE are experiencing at the moment with their Mapper

assessment tool, an initial check using only their Local plan assessment tool shows no

major hazard sites or pipelines are within the development site. Please be aware that

HSE is unable to cross reference using both assessment tools, ensuring that the

information provided is 100% accurate.

HSE advises that the Council arranges for the HSEs Planning Advice WebApp to be used

to consult HSE for advice on this application, to see if it lies within the CD of a major

hazard site or pipeline.

[Members of Planning Committee will be updated on the day of Planning Committee].

Staffordshire Police

No objections, however detailed comments received in respect to recommendations for

compliance with Secured by Design accreditation.

Severn Trent Water Authority

No comments received at the time of the compilation of this report. Any comments that

are subsequently received will be provided as an update to Planning Committee.

Environment Agency

No comments received at the time of the compilation of this report. Any comments that

are subsequently received will be provided as an update to Planning Committee.

INTERNAL COMMENTS

Environmental Protections (EP)

No objections to the principle of the proposals.

The service station will need to apply for an Environmental Permit for the unloading of

petrol into stationary storage tanks at a service station and motor vehicle refuelling

activities (vapour recovery system Stage I and II) under the Environmental Permitting

Regulations (England and Wales) Regulations 2010 (as amended). As a new site if the

throughput of petrol will exceed 500m3 in any 12 month period, then Stage II vapour

recovery controls are required.

A Petroleum Spirit Licence granted under the Petroleum (Consolidation) Act 1928 will

also be required form the Petroleum Licensing Authority (PLA).

After examining the specification of the proposed lighting scheme, EP has confirmed that

the lighting will not have any adverse impact to nearby sensitive receptors.

Item No. 6.37


The existing store has 24 hour opening hours (except Sunday), therefore the operation of

the fuel station in accordance with these hours is deemed acceptable.

Development Plans (Policy)

No objections.

Economic Development

Supports the application.


The application has been advertised by site notice and adjacent occupiers have been

notified. 4 letters of objection received. The issues have been raised regarding:-

• The site is located near to Chase Grammar School, which has 320 pupils aged

between 3 and 18 and 100 staff.

• The proposal would create additional traffic which will compromise the safety of

pupils at the crossing if drivers do not stop.

• The school has a pedestrian gate and many pupils walk to school.

• There has been a serious incident at the pedestrian crossing outside of the Asda

town entrance in which a student was hospitalised.

• The data collection was taken between 29 October-22 November 2015 and so was

not completed at the peak time of year.

• Car occupancy will increase from 84% to 96% in peak shopping times due to the

loss of 53 car parking spaces- but what about increased peak times such as the

lead up to Christmas and Easter. Some of the boarding students stay at those

times.

• Asda have hired the school’s car park for their staff parking at peak times.

• The background methodology in Asda calculating the increase in pass-by trips

shows that they expect an increase of 30% for weekday and 10% for weekends.

The peak generation occurs between 17.00 and 18.00 on a weekday. The students

can stay at school until 6pm so therefore creating another safety risk to the

students as they leave school to go home.

• If Asda intend to service the petrol filling station at night there will be increased

noise and increased light implication for boarding students and residential staff

who are living close to where the tanks are to be installed. The school has 130

overseas boarding students, the school is their home and the contribution they

make to the local economy is huge.

• Many of the schools rooms overlook the Asda site and the visual impact of the

area will be affected.

• Although Asda has a goods entrance, there have been several times when

articulated lorries have wrongly turned into the customer entrance and have had to

turn around, which they have struggled to do and has caused some to skid

especially in the winter. The school has installed Armco crash barriers as an n

additional precaution. There is a risk that in icy conditions lorries could leave the

road and collide with the school’s wall.

Item No. 6.38


• The alterations to the traffic light on Avon Road means that school buses cannot

access the school’s top gate when approaching from the south. The turning point

at the traffic lights does not allow for this and the school’s largest bus is 8.22

metes long. How can a fuel tanker access the site from the South where the

motorway network is located? If this is not possible due to the road layout and if

the tankers approach from the north then you have the problem of fuel tankers

going through the town centre.

• Chase Grammar School is one of the areas largest employers and brings in a huge

amount of money to the local area from all over the world, ,most of which is re-

invested in the community in the employment of staff and when students spend in

the local area. The implication of a petrol filling station so close to the school

may put current and prospective parents off sending their children to the school.

• The tanks would be located 17 metres where children will be playing, 26.5 metres

from where children are in lessons, one being a sports hall which is used for

assemblies during which 600 people are present, and 46 metres to residential

buildings where students and staff are sleeping.

• The proposal would result in the loss of 50 odd parking spaces.

• The proposal would cause congestion and inconvenience to local residents in St John Road and Avon Road.

• At present cars are parked in the vicinity of the area with the P.H, hairdressers and

betting shop.

• There are other filling stations in the town and another station would not ad

value, if anything it would have the opposite effect in that it could take custom

away from existing stations. There is no evidence of need for another station.

• Other stations have employees that work in the kiosks or car wash facilities and

the proposed unmanned station could result in the loss of income for the existing

stations.

• The petrol filling station would result in increased risk to children at the school

from vapours, exhaust fumes from increased traffic, water pollution, noise

pollution, fire and, or, explosions, construction dangers, vehicle collisions and

danger to pedestrians for articulated lorries.

RELEVANT PLANNING HISTORY

CH/09/0225 for the variation of condition 18 attached to CH/00/0260 to allow 24 hour

store opening was granted in 2009.

CH06/0696 for a trolley bay, trolley retention system, bulkhead lighting, rotaspike

security was approved in 2006.

CH06/0754 for a variation of condition relating to hours of working was granted in 2007.

1. SITE AND SURROUNDINGS

Item No. 6.39


1.1. The application site comprises part of the south western corner car park of the

ASDA retail store, Avon Road, Cannock. The wider car park is comprised of

formal car parking, circulation and turning areas interspersed with semi-mature

standard trees augmented with more substantial landscaping on the Avon Road

frontage.

1.2. The site is situated on the southern extremity of Cannock Town Centre. The

wider area is therefore mixed use in character with commercial properties to the

south, residential to the west, across Avon Road and the Chase Grammar School

abutting the site to the east. To the north is the main ASDA superstore building

beyond which is the town centre.

1.3. The existing ASDA store opens at 07.30hrs and remains open 24 hours an day

until Saturday at 22.00 hrs. On Sundays the opening hours are 10.00hrs to

16.00hrs.

2. PROPOSAL

2.1. The proposal is for the erection of a four pump, eight position, petrol filling

station (PFS) under a canopy with associated air/ water unit and control room.

2.2. The proposal would not alter the existing access junction to the store. However

the access road would be reconfigured to include a left hand turn into the station

and a mini-roundabout is proposed to be created to ensure the continuous flow

of traffic both from the PFS and the wider car park.

2.3. The proposal would result in the loss of several trees and some landscaped areas

within the car park but would also include the planting of replacement trees.

3. PLANNING POLICY

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



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

(2014).

3.3. Other material considerations relevant to assessing current planning applications

include the National Planning Policy Framework (NPPF), the Planning Practice

Guidance and Supplementary Planning Guidance/ Documents.


3.4. CP1 - Strategy – the Strategic Approach

Item No. 6.40




the Cannock Chase AONB and other green infrastructure. Within this approach

Cannock’s role as a strategic sub-regional town centre is supported via

provision for most comparison retail development. The national presumption in

favour of sustainable development is restated. For housing, the Local Plan

strategy will sit within the wider strategy for south-east Staffordshire which

aims to meet a minimum housing requirement for this area focusing housing

delivery on settlements.

3.5. CP3 - Chase Shaping – Design

High quality design will be a requirement of all development. Particular facets

of good design will include response to climate change challenges, providing

access for all and designing out crime. Greater emphasis on identity of place

will be guided via a Design Guide SPD and development briefs will be drawn

up for urban extensions and Cannock and Norton Canes centres. Management

Plans for Conservation Areas will be produced as SPD.

3.6. CP9 - A Balanced Economy

The traditional economic base of the District has been in coal mining and

manufacturing. The continuation of a shift to a broader economic base is being

sought to include professional and financial services and high quality

engineering and research and development. Increasing the number of jobs

available to the resident population of working age (job density) is also an

important aspiration of economic development.


3.7. The NPPF sets out the Government’s position on the role of the planning system

in both plan-making and decision-taking. It states that the purpose of the

planning system is to contribute to the achievement of sustainable development,

in economic, social and environmental terms, and it emphasises a “presumption

in favour of sustainable development”.

3.8. All the core planning principles have been reviewed and those relevant in this

case are that planning should:-

2 - not simply be about scrutiny, but instead be a creative exercise in finding

ways to enhance and improve the places in which people live their lives;-

proactively drive and support sustainable economic development to deliver the

homes, business and industrial units, infrastructure and thriving local places that

the country needs. Every effort should be made objectively to identify and then

meet the housing, business and other development needs of an area, and respond

positively to wider opportunities for growth. Plans should take account of

market signals, such as land prices and housing affordability, and set out a clear

Item No. 6.41


strategy for allocating sufficient land which is suitable for development in their

area, taking account of the needs of the residential and business communities;

3 - always seek to secure high quality design and a good standard of amenity for

all existing and future occupants of land and buildings;

4 - take account of the different roles and character of different areas, promoting

the vitality of our main urban areas, protecting the Green Belts around them,

recognising the intrinsic character and beauty of the countryside and supporting

thriving rural communities within it;

6 - contribute to conserving and enhancing the natural environment and reducing

pollution. Allocations of land for development should prefer land of lesser

environmental value, where consistent with other policies in this Framework;

11 - take account of and support local strategies to improve health, social and

cultural wellbeing for all, and deliver sufficient community and cultural facilities

and services to meet local needs.

3.9. Key provisions of the NPPF relevant in this case:

3.10. The NPPF confirms that a plan-led approach to the planning system and that



3.11. Paragraph 20. To help achieve economic growth, local planning authorities

should plan proactively to meet the development needs of business and support

an economy fit for the 21st century.

3.12. Paragraph 23. Planning policies should be positive, promote competitive town

centre environments and set out policies for the management and growth of

centres over the plan period. In drawing up Local Plans, local planning

authorities should:-

- recognise town centres as the heart of their communities and pursue policies

to support their viability and vitality;

- define a network and hierarchy of centres that is resilient to anticipated

future economic changes;

- promote competitive town centres that provide customer choice and a

diverse retail offer and which reflect the individuality of town centres;

- retain and enhance existing markets and, where appropriate, re-introduce or

create new ones, ensuring that markets remain attractive and competitive;

3.13. Promoting Sustainable Transport

Item No. 6.42


3.14. Paragraph 32. All developments that generate significant amounts of movement

should be supported by a Transport Statement or Assessment and account

should be taken of the opportunities for sustainable transport modes

3.15. Paragraph 35. Developments should be located and designed where practical

to:-

- accommodate the efficient delivery of goods and supplies;

- give priority to pedestrian and cycle movements, and have access to high

quality public transport facilities;

- create safe and secure layouts which minimise conflicts between traffic and

cyclists or pedestrians, avoiding street clutter and where appropriate

establishing home zones;

- incorporate facilities for charging plug-in and other ultra-low emission

vehicles; and

- consider the needs of people with disabilities by all modes of transport.

3.16. Requiring Good Design

3.17. Paragraph 56 attaches great importance to the design of the built environment

and states good design is a key aspect of sustainable development, is indivisible

from good planning, and should contribute positively to making places better for

people.

3.18. Paragraph 57 states it is important to plan positively for the achievement of high


3.19. Paragraph 58 states planning policies and decision should aim to ensure that







landscaping

3.20. Paragraph 61 considers planning decisions should address connections between



3.21. Paragraph 64. Permission should be refused for development of poor design that

fails to take the opportunities available for improving the character and quality

of an area and the way it functions.

3.22. Conserving and Enhancing the Natural Environment

Item No. 6.43


3.23. Paragraph 109. The planning system should prevent new and existing



3.24. Paragraph 111 encourages effective use of land by re-using land that has been

previously developed (brownfield land) provided it is not of high environmental

value.

3.25. Paragraph 120 seeks to prevent unacceptable risks from pollution and land

stability.

3.26. Paragraph 123 aims to mitigate and minimise adverse impacts on health and

quality of life from noise.

4. DETERMINING ISSUES

4.1. The determining issues for the application are:-

• Principle of development

• Design and impact on the character and form of the area

• Impact on highway safety

• Impact upon the amenity of neighbouring properties

• Health and safety

• Crime and the fear of crime

• Drainage

• Other issues raised by objectors

4.2. Principle of Development

4.3 The proposal is for a petrol filling station within the car park of an existing retail

superstore within the town centre of Cannock which is the Strategic sub-regional

centre. The proposal is therefore in compliance with Policy CP11, which

encourages economic development within the town centre.

4.4 It is therefore concluded that having had regard to Policy CP11 the proposal is

acceptable in principle.

4.5 Design

The site is located within an existing car park serving a modern super store. The

immediate character of the site and its surrounding area is therefore modern and

functional in nature, dominated by modern buildings set within a formal parking

arrangement which when in use would be dominated by motor vehicles and their

bright, multi-coloured reflective finishes.

Item No. 6.44


4.6 The proposed petrol filling station would be equally modern and functional in

design. Furthermore, although some small areas of landscaping and trees would

be lost, this would be mitigated by the planting of new trees.

4.7 As such the proposal would be in keeping with the character and form of the

immediate context and therefore in this respect would achieve a high quality

design in accordance with Policy CP3 of the Cannock Chase Local Plan and the e

provisions of the NPPF.

4.8 Impact on Highway Safety

The comments made the objectors in respect of highway safety are noted.

However, it is noted that the petrol filling station would be wholly located on

private land and would not necessitate and alteration to the junction with the

public highway.

4.9 The applicant has submitted a Transport Statement which looks at the site

location, the existing transportation network an analysis of trip generation and the

effect on the external junction capacity.

4.10 The Highway Authority, having considered the above information, and having

had regard to the existing and proposed parking provision within the site, has

stated that they have no objections to the proposal.

4.11 It is therefore considered that the proposal would not be to the significant

detriment of highway safety and therefore would achieve a high quality design in

respect to highway and pedestrian safety and would a create safe and secure

layout which would minimise conflicts between traffic and cyclists or pedestrians

in accordance with Policies CP3 of the Cannock Chase Local Plan and paragraph

35 of the National Planning Policy Framework.

4.12Impact upon the Amenity of Neighbouring Properties

The comments made by objectors in respect impacts, by virtue of vapours,

exhaust fumes from increased traffic, noise pollution, on the residential amenity

of the occupiers of the adjacent Grammar school are noted. It is likewise noted

that the school, is at least in part, a boarding school and therefore for significant

periods of time is the home for boarding pupils and staff and that the proposed

PFS would be located 46 metres to residential buildings.

4.13 Notwithstanding the above the ASDA superstore is open on a 24 hour basis from

Monday until Saturday and would be regularly served by delivery vehicles and

therefore the local area is already subject to a degree of noise and general

disturbance within this period. It is also noted that many of the users of the PFS

would already be making trips to the superstore.

4.14 In respect of the above it is noted that the Environmental Protection Team (EP)

has no objections to the proposal provided that the opening hours of the PFS are

Item No. 6.45


the same as the superstore. Furthermore EP has also confirmed that the lighting

will not have any adverse impact to nearby sensitive receptors.

4.15 It is therefore concluded that the proposal would ensure that a good standard of

amenity for all existing and future occupants of the surrounding land and

buildings would be maintained in accordance with the provisions of the NPPF.

4.16Health and Safety

The comments made by objectors in respect to the potential for fire, vapour and

explosions are noted. In this respect the Fire Service, Health and Safety

Executive and the Environmental Protection Team (EP) have been consulted. It is

noted that the petrol service station would be required to apply for an

Environmental Permit for the unloading of petrol into stationary storage tanks at a

service station and motor vehicle refuelling activities (vapour recovery system

Stage I and II) under the Environmental Permitting Regulations (England and

Wales) Regulations 2010 (as amended) and that a Petroleum Spirit Licence under

the Petroleum (Consolidation) Act 1928 would also be required from the

Petroleum Licensing Authority (PLA).

4.17 It is therefore clear that there are regulatory schemes in place which would control

the safe operation of the petrol filling station. It should also be taken into account

that the planning system should assume that such consenting regimes will give

adequate controls and therefore it should not seek to duplicate the controls

provided for under those regimes.

4.18 Given that no objections have been received from the Fire Service, Health and

Safety Executive and the Environmental Protection Team (EP) there is no

substantial evidential base to conclude that the proposal, subject to the appropriate

licensing arrangements would be otherwise than safe. In this respect the proposal

is considered acceptable in respect to health and safety issues.

4.19 Crime and the Fear of Crime

Policy CP3 of the Local Plan states that high quality design will be a requirement

of all development including, amongst other things the need for “designing out

crime”. In respect the detailed comments of Staffordshire Police are noted. Given

the detailed nature of the recommendations it is considered that this issue would

be best addressed by the provision of an informative on any permission granted

bringing the applicants attention to the recommendations of the police and the

desirability of obtaining Secured by Design accreditation.

4.20 Drainage

The application site is predominantly comprised of hard standing and therefore

subject to the drainage regime that was put in place when the car park was

constructed. The proposal would not therefore significantly increase the flow of

surface water run-off from the site and surface water could be adequately dealt

with by the existing regime. In addition it is noted that the existing system serves

Item No. 6.46


a car park and therefore should be designed to accommodate water contaminated

by petrol leakage from vehicles.

Although Severn Trent was consulted they have not responded and therefore on

the basis of the facts, as they stand, it is considered that the proposal is acceptable

in respect to surface water without the requirements of a condition.

4.21 Impacts on the Local Economy

The issues raised by objectors that the PFS would be unmanned and undermine

existing PFSs in Cannock are noted. However, paragraph 23 of the NPPF states

that “policies should be positive, promote competitive town centre environments”.

It is therefore the role of planning to promote competition rather than resist it.

4.22 Furthermore, the contribution of the Grammar School to the local economy is

noted. However, despite the concerns of the school there is no evidence that

parents would refuse to send their children to the school should the development

go ahead. In addition it is not unusual to find such PFSs in close proximity to

residential areas and such installations are subject to a range of permitting

schemes to ensure that adequate levels of health and safety of the community is

achieved.

4.23 Therefore, on balance, it is considered that the comments made by objectors in

this respect should be given little weight in the determination of this application.

5. HUMAN RIGHTS ACT

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




6. CONCLUSION

6.1. The proposed development would be located within the grounds of a superstore

within the town centre of Cannock and therefore is acceptable in principle.

6.2. The proposal is of good design quality being of an appropriate size and scale for

its location and not having an adverse impact upon the character and form of the

area. The proposed development would not have an adverse affect on the

amenities of the occupiers of the neighbouring properties, would not have a

significant detrimental impact on highway safety, health and safety and crime and

the fear of crime. The proposed development as such, is acceptable and accords

with Local Plan Policies CP1, CP3 of the Local Plan and the requirements of the

NPPF.

Item No. 6.47


Item No. 6.48

CH/16/124

Land off Lakeside Boulevard, Bridgetown, Cannock

Residential development: Erection of 111 dwellings with associated parking,

landscaping and provision of public open space (reserved matters comprising access,

appearance, landscaping and layout to outline planning permission CH/13/0323).

1 Letter of objection recieved

Item No. 6.49

Location Plan

Item No. 6.50

Site Plan

Item No. 6.51

Street Scene

Item No. 6.52

Apartment Plans

Item No. 6.53

Apartment Plans

Item No. 6.54

House Type 203

Item No. 6.55

House Type 301

Item No. 6.56

House Type 304

Item No. 6.57

House Type 306

Item No. 6.58

House Type 308 (brick)

Item No. 6.59

House Type 308 (render)

Item No. 6.60


Item No. 6.61


Item No. 6.62

House Type 401

Item No. 6.63


Item No. 6.64


Item No. 6.65

House Type A

Item No. 6.66

House Type B

Item No. 6.67

House Type F

Item No. 6.68



Received: 30-Mar-2016

Location: Land off Lakeside Boulevard, Bridgetown, Cannock

Parish: Bridgtown

Ward: Cannock South Ward

Description: Residential development: Erection of 111 dwellings with associated

parking, landscaping and provision of public open space (reserved matters

comprising access, appearance, landscaping and layout to outline planning

permission CH/13/0323).

Application Type: Reserved Matters Major


1. D1 Materials - Details Required

2. E10 Landscape Details Required

3. E11 Landscape Phasing

4. E12 Landscape Implementation

5. E13 Landscape Implementation- Phased

6. E15 Landscape Maintenance

7. Approved Plans

8. Before construction works of any kind are commenced on site a Construction

Management Plan shall be submitted to and approved in writing by the Local

Planning Authority. The submitted Construction Management Plan shall include the

following details:

- The timing of HGV movements to avoid traffic congestion.

- Parking facilities for vehicles of site personnel, operatives and visitors.

- Arrangements for the loading and unloading of plant and materials.

- Areas of storage for plant and materials used during the construction of the

proposed development.

- Measures, including designated wheel cleaning areas to prevent the deposition of

deleterious material on the public highway during the construction of the proposed

development.

The Construction Management Plan shall be adhered to for the duration of the

construction phase.

Reason

In order to comply with para. 32 of the NPPF.

9. Details pursuant of reserved matters consent shall indicate any existing vehicular

access, which shall include the access crossing between the site and carriageway

Item No. 6.69


edge, made redundant as a consequence of the development hereby permitted

permanently closed with the access crossing reinstated as verge/footway in

accordance with details to be first submitted to and approved in writing by the Local

Planning Authority.

Reason

In order to comply with para. 32 of the NPPF

10. The commercial development hereby permitted shall not be commenced until full

details of the following have been submitted to and approved in writing by the Local

Planning Authority:

- Means of access including the provision of appropriate visibility splays.

- Layout of site including disposition of buildings and provision of adequate

parking, turning and servicing.

- Surfacing materials.

- Means of surface water drainage.

Which shall thereafter be implemented in accordance with the approved details.

Reason:

In order to comply with para. 32 of the NPPF.

IMPORTANT INFORMATIVES:

(a) Residential road construction details submitted following the granting of Reserved

Matters Consent will require approval under Section 7 of the Staffordshire Act 1983 and

will require a Section 38 of the Highways Act 1980.

(b) The applicant is advised that the residential road layout should be designated for a

maximum speed value of 20 mph.

(c) Please note the requirements of Section 172, Highways Act 1980 (hoardings to be

set up during building etc.)

(d) Residential layout and building details shall indicate 3 No. and 2 No. car parking

spaces available at all times for each 4/5 and 3 bedroomed dwelling respectively. A

single garage with the minimum internal dimensions of 6.0 m x 3.0 m will be considered

as being available for the parking of a vehicle.

(e) Any soakaways shall be located a minimum of 5.0 m rear of the highway

boundary.

(f) Where a private access falls toward the public highway a surface water drainage

interceptor, connected to a surface water outfall, shall be provided across the access

Item No. 6.70


immediately to the rear of the highway boundary.

Reason for referral to Planning Control Committee: Objector requesting to speak at

Planning Control Committee


Environment Agency No objection have suggested the imposition of conditions

recommended at ‘outline’ planning stage.

Bridgtown Parish Council No response to date

Natural England Have referred to the previous advice, which was provided at

‘outline’ planning stage.

Staffordshire County Council (Education) No objection

No financial contribution required as schools in the area are forecast to have sufficient

space to accommodate likely increase in pupils as a result of the proposed development.

Highways Agency No objection

Staffordshire County Council (Highways) – No objection subjection to conditions and

informative

INTERNAL COMMENTS

Environmental Protections No comments offered in respect of reserved matters.

Trees, Landscape and Countryside Objection due to insufficient information to consider

the external environment and number of access points onto the spine road contrary to

original scheme requirement / approval.


Newspaper advert, site notice placed near site and adjacent occupiers notified with 2

responses received. The first is from a local resident who has advised that he supports the

application in principle as the site is currently wasteland but comments as follows:

- Central access road located on outside of (deceptively) blind bend. Consider traffic

calming / Stage 1/2/3 Road Safety Audit,

Item No. 6.71


- Western access directly opposite junction and will not have priority at peak times,.

Consider changing from crossover to bell with associated s278 works,

- Dead space to the rear of plots 103 – 111, which is likely to be security risk, suggestion

that this is bunded,

- lack of detailed landscaping information.

The second letter was from a neighbouring business operator who sets out a holding

objection subject to the provision of further information, which has been provided.

PLANNING HISTORY

CH/13/0323 - Residential development: Erection of 111 dwellings, public

house/restaurant and provision of public open space (outline all matters reserved).

Approved subject to a S106 Agreement and conditions. 06/01/2016

CH/13/0051 Extension of time to planning permission CH/05/0833 - Development

comprising hi-tech workspace and office development (B1) Business (B2) general

industry and (B8) storage and distribution (outline including sitting and means of access).

Recommended for approval subject to completion S106 (S106 not yet completed).

CH/05/0831 – Residential development comprising dwellings, flats, retirement village

and care home (outline including means of access) – Approved 03/03/2008

CH/05/0832 - Development comprising five car showrooms (sui generis use) (outline

including siting and means of access) – Approved 03/03/2008

CH/05/0833 - Development comprising hi tech workspace and office development (B1)

business (B2) general industry and (B8) storage & distribution (outline including siting

and means of access) – Approved 03/03/2008

1.0 SITE AND SURROUNDINGS

1.1 The application site comprises a 4.3ha site that formerly comprised part of an

Automotive Lighting Works, off Watling Street (A5).

1.2 The wider site has been cleared and divided into three parts; one part is for

residential dwellings (recently completed) and an extra care facility that has been

completed, the second and third parts are subject of this application. The

application site has outline consent for residential development (CH/13/0323).

1.3 The site has been cleared of the former factory and is level. The spine road

(Lakeside Boulevard) proposed in the previous applications has been constructed

as part of the nearly completed residential development. The application site

comprises an irregular shaped site, which lies south of the newly constructed

Lakeside Boulevard, the Cannock Industrial Centre lies to the south west of the

application site. The Cannock Industrial Centre comprises a range of commercial

Item No. 6.72


/ industrial units including Unit 15, Augean, which operates a hazardous waste

treatment and transfer facility.

1.4 To the south are Lodge Lane and the M6 Toll, to the east of the site is the raised

railway line and to the north are the recently constructed residential properties.

1.5 Part of the site has overhead power cables running across it.

2.0 PROPOSAL

2.1 Members will recall that it its meeting on the 6th

January 2016, Planning Control

Committee resolved to approve planning application CH/13/0323 - Residential

development: Erection of 111 dwellings, public house/restaurant and provision of

public open space (outline all matters reserved), subject to a S106 Agreement.

2.2 This application is for reserved matters comprising: Layout, scale, appearance,

access and landscaping in relation to planning permission CH/13/0323.

2.3 The proposal is for a residential development of 111 dwellings comprising:

32 x 2 bed 2 storey houses;


10 x 3 bed 2.5 storey houses;


5 x 4 bed 2.5 storey houses;

18 x 1 bed apartments.

2.4 Of the above dwellings 50% (65) would be affordable dwellings, which would

comprise:



5 x 4 bed .5 storey houses;

18 1 bed apartments.

2.5 The remainder of the site would be Public Open Space, with an area to the eastern

side of the application (corner of Lakeside Boulevard and A5) retained for future

commercial development.

2.6 The houses fronting the existing central spine road (Lakeside Boulevard) would

be predominantly 2 storey, set behind small frontages with parking to the front

and sides.

2.7 Further development within the site would be accessed via three access roads,

which would link to a further estate road, which would run along the rear

Item No. 6.73


boundary of the site. The proposed properties are a mix of two storey - semi-

detached dwellings rows of terraces; 2.5 storey houses arranged in terraces.

2.8 A three storey block of apartments is proposed adjacent along part of the northern

and eastern boundary with Cannock Industrial Estate.

2.9 Based on the submitted layout the properties would all have access to off-street

parking. These parking spaces may be within the individual curtilages or within

communal parking areas.

.

3.0 PLANNING POLICY

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



3.2 The Development Plan currently comprises the Cannock Chase Local Plan

(2014)

3.3 Other material considerations relevant to assessing current planning applications

include the National Planning Policy Framework (NPPF), National Planning

Practice Guidance (NPPG) and Supplementary Planning Guidance/Documents.


3.4 CP1 – Strategy – the Strategic Approach



the Cannock Chase AONB and other green infrastructure. The national

presumption in favour of sustainable development is restated. For housing, the

Local Plan strategy will sit within the wider strategy for south-east Staffordshire

which aims to meet a minimum housing requirement for this area focusing

housing delivery on settlements.

3.5 CP3 – Chase Shaping – Design

High quality design will be a requirement of all development. New development

should be well-related within the development and to existing buildings and

their surroundings in terms of layout, density, access, scale, appearance,

landscaping and materials based upon an understanding of the context of the site

and appropriate professional expertise. The policy also seeks to protect the

amenity enjoyed by existing properties including supporting mixed uses whilst

avoiding incompatible ones and have a regard to existing uses with potential to

Item No. 6.74


generate pollution which could have unacceptably detrimental effect on

proposed development.

3.6 CP5 – Social Inclusion and Healthy Living

Enhancement of both the extent and quality of the green space network and

leisure facilities are seen as fundamental to improve health through increased

participation rates in both formal and informal sport and recreational activity.

3.7 CP6 – Housing Land

The plan provides for 5,300 new houses within the District between 2006 and

2028. 1,625 new houses were completed in the first six years. 2,350 new houses

will be provided in the urban areas of the District, 66% in Cannock, Hednesford

and Heath Hayes, 29% in Rugeley and Brereton and 5% in Norton Canes

(identified via the Strategic Housing Land Availability Assessment 2012).

3.8 CP7 – Housing Choice

Delivery of affordable housing is prioritised by the Council for the District.

Both the Cannock and Rugeley housing markets also need to be balanced by

building more smaller dwellings suitable for younger people as well as larger 3

and 4 bedroom homes.


3.9 The NPPF sets out the Government’s position on the role of the planning system

in both plan-making and decision-taking. It states that the purpose of the

planning system is to contribute to the achievement of sustainable development,

in economic, social and environmental terms, and it emphasises a “presumption

in favour of sustainable development”.

3.10 All the core planning principles have been reviewed and those relevant in this

case are that planning should:-

- not simply be about scrutiny, but instead be a creative exercise in finding

ways to enhance and improve the places in which people live their lives;-

proactively drive and support sustainable economic development to deliver

the homes, business and industrial units, infrastructure and thriving local

places that the country needs. Every effort should be made objectively to

identify and then meet the housing, business and other development needs of

an area, and respond positively to wider opportunities for growth. Plans

should take account of market signals, such as land prices and housing

affordability, and set out a clear strategy for allocating sufficient land which

is suitable for development in their area, taking account of the needs of the

residential and business communities;

- always seek to secure high quality design and a good standard of amenity for

all existing and future occupants of land and buildings;

Item No. 6.75


- take account of the different roles and character of different areas, promoting

the vitality of our main urban areas, protecting the Green Belts around them,

recognising the intrinsic character and beauty of the countryside and

supporting thriving rural communities within it;

- contribute to conserving and enhancing the natural environment and

reducing pollution. Allocations of land for development should prefer land

of lesser environmental value, where consistent with other policies in this

Framework;

- actively manage patterns of growth to make the fullest possible use of public

transport, walking and cycling, and focus significant development in

locations which are or can be made sustainable; and

3.11 Key provisions of the NPPF relevant in this case:

3.12 The NPPF confirms that a plan-led approach to the planning system and that



3.13 4. Promoting Sustainable Transport

3.14 Paragraph 32. All developments that generate significant amounts of movement

should be supported by a Transport Statement or Assessment and account

should be taken of the opportunities for sustainable transport modes

3.15 6: Delivering a wide choice of high quality homes

3.16 Paragraph 49. Housing applications should be considered in the context of the

presumption in favour of sustainable development.

3.17 Paragraph 50 seeks to deliver a wide choice of quality homes and states local

planning authorities should plan for a mix of housing.

3.18 7. Requiring good design

3.19 Paragraph 56 attaches great importance to the design of the built environment

and states good design is a key aspect of sustainable development, is indivisible

from good planning, and should contribute positively to making places better for

people.

3.20 Paragraph 57 states it is important to plan positively for the achievement of high


3.21 Paragraph 58 states planning policies and decision should aim to ensure that


Item No. 6.76







landscaping

3.22 Paragraph 61 considers planning decisions should address connections between



3.23 Paragraph 64. Permission should be refused for development of poor design that

fails to take the opportunities available for improving the character and quality

of an area and the way it functions.

3.24 11. Conserving and enhancing the natural environment

3.25 Paragraph 109. The planning system should prevent new and existing



3.26 Paragraph 111 encourages effective use of land by re-using land that has been

previously developed (brownfield land) provided it is not of high environmental

value.

3.27 Paragraph 118 states planning permission should be refused for development

resulting in loss or deterioration of irreplaceable habitats…and the loss of aged

or veteran trees…unless the benefits of the development clearly outweigh the

loss.

3.28 Paragraph 120 seeks to prevent unacceptable risks from pollution and land

stability.

3.29 Paragraph 123 aims to mitigate and minimise adverse impacts on health and

quality of life from noise:

3.30 Planning policies and decisions should aim to:

● avoid noise from giving rise to significant adverse impacts on health and

quality of life as a result of new development;

● mitigate and reduce to a minimum other adverse impacts on health and

quality of life arising from noise from new development, including through

the use of conditions;

● recognise that development will often create some noise and existing

Item No. 6.77


businesses wanting to develop in continuance of their business should not

have unreasonable restrictions put on them because of changes in nearby

land uses since they were established; and

● identify and protect areas of tranquillity which have remained relatively

undisturbed by noise and are prized for their recreational and amenity value for

this reason.

Design – Supplementary Planning Document

3.31 This supplementary planning document details what is required to ensure that

development is of the highest design standards and that amenity of neighbouring

residential properties will be protected. Although the title refers to extensions the

principles within the guide can be applied to all residential development.

3.32 Parking Standards, Travel Plans & Developer Contributions for Sustainable

Transport (SPD)

3.33 This document sets out the maximum number of parking spaces required for new

development. Specifically it requires new two or three bedroom dwellings to

provide 2 off-street parking spaces and new four or more bedroom dwellings to

provide 3 off-street spaces. Where parking is provided within a garage, the

garage should measure 3m x 5m internally.

3.34 Communal parking provision is calculated on 2 off-street parking spaces per three

bedrooms and 1.5 off-street parking spaces per one and two bedrooms.

4.0 DETERMINING ISSUES

4.1 The principle of the proposed development and other environmental and

technical issues were considered at the ‘outline’ planning application stage

CH/13/0323. Conditions were also recommended to address such issues. As this

application is for ‘reserved matters’ the determining issues for this application are:

• Layout

• Scale

• Appearance

• Landscaping

• Access

• Parking provision

• Amenity of future occupiers

• Impact upon neighbouring dwellings

4.2 Layout

Item No. 6.78


4.3 The site benefits from the existence of Lakeside Boulevard and is constrained by

power lines going over part of the site, an established industrial estate to the south

of the site and the irregular shape of the development plot. Consequently, layout

options are limited. The layout broadly comprises dwellings fronting Lakeside

Boulevard and the small frontage along Walkmill Lane to create active frontages

and a strong street scene. Three access roads lead into the site off the spine road,

which result in the creation of smaller parcels of development in the form of

perimeter blocks, which again provide active street frontages and secure private

rear garden areas.

4.4 Gardens for the proposed dwellings meet with Councils standards. The amenity

space for the apartments falls short of the council’s standards. However, given

the availability of on-site public open space, this shortfall is considered

acceptable.

4.5 The internal layout of the proposed development would largely accord with the

separation standards as stipulated within the Design SPD. Furthermore, as the

proposed development will be constructed at the same time future occupiers of

these dwellings will see the arrangement prior to buying the dwellings.

4.6 The application site is adjacent to Cannock Industrial Centre, which has a number

of commercial / industrial uses operating from it. The nearest unit to the south of

the application site is Augean.

4.7 At outline stage a number of measures were shown on the illustrative layout

mitigate against the potential noise issue. These measures included:

• Installation of an acoustic fence along the boundary of the application site

and Cannock Industrial Centre;

• Creation of a landscape buffer in front of the acoustic fence;

• Locating a road between Cannock Industrial Centre and proposed

dwellings;

• Erection of 2.5 storey single aspect dwellings which would run parallel to

the boundary with Augean and the wider industrial estate;

• Improved insulation for the proposed dwellings

4.8 The above principles are broadly followed in the proposed layout, as follows:

• A 2.8m acoustic fence is proposed along the boundary as well as a

landscape buffer;

• An estate road is also located adjacent to this part of the boundary;

• The nearest development to the boundary comprises three storey

apartments, which have been designed so that only corridor and kitchen

windows face the industrial estate with windows to bedrooms and lounges

all facing onto the development site;

Item No. 6.79


• In addition, where practicable most dwellings have side elevations

fronting this boundary;

• Improved noise insulation to dwellings would be addressed through

conditions on the outline consent.

4.9 As such, the proposed layout addresses the relationship of the development to the

adjacent industrial estate. Overall, the proposed layout is logical and responds to

the context of the site in accordance with Local Plan Policy CP3.

4.10Scale

4.11 The proposed development comprises predominantly 2 storey dwellings and some

2.5 storey dwellings where the third floor is accommodated in the roof space. The

apartments are three storey. The proposed scale reflects the surrounding area and

as such would be in keeping with the existing dwellings opposite the site.

4.12Access

4.13 The proposed access arrangements have been assessed by the County’s Highway

and there would be sufficient visibility to ensure that safe access and egress can

be achieved into the site and the individual driveways.

4.14 Overall there would be no adverse impact on the highway network. Both

Staffordshire County Council Highways and the Highways Agency raised no

objections to the proposal.

4.15 The landscape officer has objected to the number of access points and frontages,

which front onto Lakeside Boulevard, this is because a previous scheme for

commercial development had a single access point which allowed for tree

planting along the frontage to create a boulevard of trees. The applicant has been

reluctant to adopt this approach as it would have severely limited the capacity of

the site, which is already constrained. Notwithstanding this the applicant would

consider tree planting along the front of the open space and some of the frontages

where practicable.

4.16For the above reason the proposed access arrangements are acceptable.

4.17Parking provision

4.18The proposed parking is as follows:

18 x 1 Bed Apartments have 26 parking spaces, which equates to just under our

1.5 spaces per apartment for communal parking.

2 and 3 bed dwellings are provided with 2 parking spaces per dwelling

Some 3 bed dwellings have 2 parking spaces plus a single garage

Item No. 6.80


Four Bed dwellings have 1 space plus a garage (3 spaces)

4.19 The above parking provision broadly accords with the Council’s maximum

parking standards.

4.20Landscaping

4.21 There is no existing landscaping of value on the site. With the exception of the

public open space the proposed development offers limited opportunities for

landscaping. Notwithstanding this the main elements of the proposal include

landscaped frontages, landscaped buffer along the boundary with the Cannock

Industrial Estate and some incidental planting.

4.22 The concerns of the Council’s Landscape Officer in respect of lack of landscaping

information and these would be secured via the recommended conditions.

4.23Appearance

4.24 In terms of appearance the proposed dwellings would be predominantly in brick

with tiled roofs. A number of dwellings would be rendered to add interest to the

overall palette of materials. The dwellings are also contemporary in appearance

and include elements such as modern porch, door, window detailing.. The design

of the proposed dwellings is different from the traditional design of dwellings on

the opposite side of Lakeside Boulevard. However, this contrast adds interest to

the wider area.

Your officers are of the opinion that the design of the proposed development is

acceptable. However, a wider palette of materials is required as well as high

quality boundary treatments, which would be secured through conditions. As

such, the appearance of the development is considered acceptable, subject to

agreeing details of materials and boundary treatments.

4.25Amenity of future occupiers

4.26 In general, based on the proposed layout the development would be attractive,

easily accessible and each dwelling would have adequate private and secure

amenity space. Furthermore, the application site would benefit from public open

space provision, which would offer additional recreation opportunities for future

and existing residents.

4.27Impact upon neighbouring dwellings

4.28 The proposed development is sufficiently far away from the nearest residential

properties to ensure that there will be no impact upon daylight or privacy from the

proposed dwellings.

Item No. 6.81


5. HUMAN RIGHTS ACT

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




6.0 CONCLUSION

6.1 The layout for the proposed development is logical and responds positively to the

existing context. The layout and mitigation measures proposed through

conditions would address any potential impact from noise arising from the

adjoining industrial estate, on future occupiers.

6.2 The scale is appropriate for the area. Subject to the approval of details relating to

materials, boundary treatments and landscaping the development would deliver a

high quality development in terms of design and appearance.

6.3 The proposed access arrangements are also logical and have been considered by

County Highways and Highways England to acceptable.

6.4 Overall the proposal will deliver an attractive new residential development which

will add to the range of accommodation available in the District as well as

delivering Affordable Homes and Public Open Space. For the above reasons the

proposals accord with the Local Plan and the NPPF. As such, approval is

recommended subject to the proposed conditions.

Item No. 6.82