Application Number 19/00094/FUL Site Address Manor Farm ...committee.worcester.gov.uk/documents/s46202... · conditions set out in section 9 of this report. 1. Background 1.1 The

Application Number 19/00094/FUL

Site Address Manor Farm, Malvern Road, Worcester, WR2 4BSDescription of Development

Erection of a single storey events venue and farm cafe. Installation of decking over pond, outdoor seating and children's play area.

Case Officer Mrs Nichola Robinson Applicant Bennetts Farms and Foods Ltd

Ward Member(s) Bedwardine Agent Applicant is agentReason for Referral to Committee

Ward Member referral

Expiry Date

25th October 2019

Key Issues The principle of development FloodingImpact on neighbouring amenityDevelopment within designated Green Space

Web link to application https://plan.worcester.gov.uk/Planning/Display/19/00094/FUL

Recommendation The Deputy Director – Economic Development & Planning recommends that the Planning Committee grants planning permission, subject to the conditions set out in section 9 of this report.

1. Background

1.1 The application was submitted on the 4th March 2019. An extension of time for the determination of the application has been agreed until 25th October 2019.

1.2 The application is referred to planning committee for determination at the request of Councillor Amos on grounds of “longstanding serious concerns by neighbouring residents about the extent of piecemeal and unauthorised development on this site”. For clarity members will note that the current proposal is not retrospective in nature and does not therefore comprise unauthorised development. However, members will note that there have been other retrospective applications on the wider Manor Farm over the last few years.

1.3 The application was referred to the Planning Committee on 22nd August 2019. Members of the committee resolved to defer the application to enable the applicant to confirm the exact location of the overspill parking and for this to be reassessed by the County Council Highway Authority if necessary. This application is referred back to Planning Committee following the confirmation of this detail. Reference to this detail can be found at section 7.20-7.23 of this report.

2. The Site and Surrounding Area

2.1 The site forms part of Manor Farm. The site is located on the southwestern outskirts of the City and is accessed from Malvern Road via an access shared with a glamping site, early years centre and caravan park, all of which are sited on the now-diversified Manor Farm. A public house and units in office use lie further north. Beyond the farmland the surrounding area becomes more residential in character with residential properties further north and east of the application site. To the south is open farm land (cattle) beyond which lies the river Teme.

2.2 Manor Farm is a dairy farm which has been in the ownership of the Bennet family

https://plan.worcester.gov.uk/Planning/Display/19/00094/FUL

https://plan.worcester.gov.uk/Planning/Display/19/00094/FUL

(applicants) for almost 100 years. In recent years the farm has diversified in a response to changing market conditions in the dairy industry and the site is bordered by a childcare facility and ice cream shop, caravan and glamping sites also within the ownership of the applicant. The site borders (and has planning consent for) a temporary yurt style marquee which is used for wedding and other events. The site borders a pond and is located in flood zone 3 within the functional floodplain. The site is designated as ‘Green Space’ in the adopted South Worcestershire Development Plan.

3. Planning History

3.1 There are a number of applications relating to the wider Manor farm site. The following applications relate directly to the application site:

P13C0455 - Proposed 'glamping' site for 5 tents, construction of a single storey toilet block and car parking area. Approved under delegated powers on 7th November 2013;

P17C0446 - Erection of a 8.80m x 20.55m x 3.69m high temporary yurt style marquee, a log and earth acoustic wall, storage container and external hard standings for use as an events venue. Approved by the Planning Committee at the meeting on 14th December 2017. An appeal in respect of conditions 6, 7, 8 and 9 of

this permission was allowed on 16th November 2018.

4. The Proposal

4.1 The application seeks full planning permission for the erection of an events venue and cafe building with an outside seating and a play area. It is proposed that the building be used as an events venue for events such as weddings, funeral wakes, christenings, experience workshops, farmers markets, craft markets, Christmas markets, cookery lessons as well as a location for rural courses, school group events, hosting of scouting and other local groups and venue hire to instructors/ private groups. The proposal also seeks to provide an ice cream parlour and café which would be open to the general public between 0900 and 1700.

4.2 The building will be situated alongside the seasonal yurt marquee area which is used for wedding events. The application proposes that the proposed building and ancillary facilities function as a venue for an unlimited number of daytime and evening events between the hours of 7.00am and 00:00am; these events would be non-noise pollutant, without music or public address or with music and public address but limited to a level which is inaudible at the boundary to the adjacent farm and in accordance with the Noise Management Plan submitted in support of the application.

4.3 The main access to the building from the car parking area will be gained over a bridge. This will also provide access to a decking area and children’s play area to the south of the proposed structure. The existing marquee will be sited immediately to the east of the structure and it is proposed that two doors will open from the proposed building to the marquee. The building is sited immediately to the south of a pond and it is proposed that a deck will extend over this pond sitting on stilts. The proposed building will be served by a 46 space car park sited to the east of the structure. The application is supported by a landscaping plan which seeks to provide biodiversity enhancements to the pond and wider site area.

4.4 The proposed events venue will comprise a steel frame design in a T shaped layout. The proposed building will have a pitched roof which will measure 5.55 metres in height at the ridge level. The T shaped building will measure 30.5 metres in length measured east-west and 27 metres in length measured north-south. Each wing will span a width of 9.5 metres.

4.5 The floor level of the building will be at the same level as the existing marquee and the building will extend out over the pond. Steel columns to the western side of the building will act as stilts extending over the pond, allowing level access between the marquee and proposed events venue. A deck, also supported by the steel frame, will extend out from the west side of the building over the water providing a seating area orientated towards the pond.

4.6 It is proposed that the floor will be of block and beam construction. The steel columns will be bricked around with old mill style bricks and blockwork walls will extend between the columns. The building will be finished with a combination of a timber and render. The west elevation of the building will be finished with glass panels with sliding doors which will open onto the decking with views over the adjoining pond. It is proposed that the glass panels will be to an acoustic specification and they will be kept shut with acoustic curtains drawn in front of them for any noise polluting events as set down in the noise management plan. The external doors to the venue room, both have foyers and will have dampeners fitted to further control the risk of noise pollution. There are no roof lights in the venue room which will be where the noise polluting activities take place: the roof lights proposed will be sited within other parts of the building and have been designed to help air flow when there is no noise event taking place to minimise the reliance on

the air conditioning system. There will be internal doors separating those rooms from the venue room to prevent noise spillage.

4.7 The existing marque is certified by the Fire Risk Assessor as being suitable for up to 200 people for a standing event, and 130 for an event with dining. A similar assessment will take place on the proposed building and it is anticipated it will host up to 150 people. It is proposed that the marquee will remain following the construction of the events venue. The applicant states that this will allow a more versatile facility. The marquee will be managed as part of a new venture which will operate both the new building and marquee. There may well be different activities going on in the different parts of the complex. For example there may be a farmers market in the new venue room, the café in operation and the marquee used as a children’s play area and overflow café seating, with a group using the workshop room for a class. The intention is not to have two weddings going on at the same time.

5. Planning Policy

5.1 The Town and Country Planning Act 1990 (‘the Act’) establishes the legislative framework for consideration of this application. Section 70(2) of the Act requires the decision-maker in determining planning applications/appeals to have regard to the Development Plan, insofar as it is material to the application/appeal, and to any other material consideration. Where the Development Plan is material to the development proposal it must therefore be taken into account. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the application/appeal to be determined in accordance with the Plan, unless material considerations indicate otherwise.

5.2 The Development Plan for Worcester now comprises:

The South Worcestershire Development Plan (SWDP) which was adopted February 2016

The Worcestershire Waste Core Strategy, which was adopted in December 2012

South Worcestershire Development Plan (SWDP)

5.3 The following policies of the SWDP are considered to be relevant to the application proposals:-

SWDP 1 – Overarching Sustainable Development Principles SWDP 2 – Development Strategy and Settlement Hierarchy SWDP 4 – Moving around Worcestershire SWDP 5 – Green Infrastructure SWDP 6 – Historic Environment SWDP 7 – Infrastructure SWDP 12- Employment in rural areas SWDP 13 – Effective Use of Land SWDP 21 – Design SWDP 22 – Biodiversity and Geodiversity SWDP 27 – Renewable and Low Carbon Energy SWDP 28 – Management of Flood Risk SWDP 29 – Sustainable Drainage Systems SWDP 30 – Water Resources, Efficiency and Treatment SWDP31- Pollution and land instability SWDP 33 – Waste SWDP 38- Green Space

Material Considerations

1. National Planning Policy Framework (NPPF)

5.4 The latest version of the National Planning Policy Framework (NPPF) was published and came into effect in February 2019. The NPPF sets out the Government's planning policies for England and how these are expected to be applied. It constitutes guidance for local planning authorities and decision takers and is a material planning consideration in determining planning applications.

5.5 All the policies in the NPPF constitute Government's view of what sustainable development in England means in practice: an economic role, contributing to a strong, responsive, competitive economy; a social role, supporting vibrant and healthy communities by providing the supply of housing required to meet the needs of present and future generations and by creating a high quality built environment with accessible local services that reflect the community’s needs; and an environmental role, protecting and enhancing our natural, built and historic environment. Economic, social and environmental improvement should be sought jointly and simultaneously.

5.6 Paragraph 38 of the NPPF encourages Local Planning Authorities to approach decision taking in a positive way and to foster the delivery of sustainable development. Local Planning Authorities are advised to approach decisions on proposed development in a positive and creative way. They should use the full range of planning tools available, including brownfield registers and permission in principle, and work proactively with applicants to secure developments that will improve the economic, social and environmental conditions of the area. Decision-makers at every level should seek to approve applications for sustainable development where possible.

2. National Planning Practice Guidance (NPPG)

5.7 On 6th March 2014 the Government also published National Planning Practice Guidance (NPPG) that has been revised and updated in the meantime and comprises, amongst other matters: Air quality, Design, Health and Wellbeing, Housing and economic land availability assessment, Noise, Travel plans, Transport assessments and statements in decision-taking, Flood risk and coastal change, Use of planning conditions, Flexible options for planning permissions, and Planning obligations.

3. Supplementary Planning Documents

5.8 The following Supplementary Planning Documents are relevant to the application proposals:-

Design Quality SPD

The Design Quality SPD was adopted on 5th March 2018 and replaces the previous Supplementary Planning Guidance Note 3: Design (SPG3). Both documents encourage high standards of design for development proposals in accordance with the aims and interests that the NPPF seeks to protect and promote in this regard. The Design Quality SPD is consistent with the planning policies in the SWDP.

Planning for Health in South Worcestershire SPD

The Planning for Health SPD - primarily focuses on the principal links between planning and health. It provides guidance and interpretation of the SWDP from a public health perspective. The SPD addresses following nine health and wellbeing principles:

Sustainable development Urban form - design and the public realm Housing and employment Age-friendly environments for the elderly and those living with dementia Community facilities Green infrastructure and play spaces/recreation Air quality, noise, light and water management Active travel Encouraging healthier food choices Renewable and Low Carbon Energy SPD

The SPD relates to policy SWDP 27 of the South Worcestershire Development Plan, which seeks to promote a percentage of energy requirements on qualifying development sites to be provided from renewable energy and/or low carbon sources. The policy also requires large scale development to examine the potential for decentralised energy and heating networks, and also sets out the policy approach for stand alone renewable and low carbon energy schemes (with the exception of wind turbines).

4. Worcestershire’s Local Transport Plan (LTP4) 2018 – 2030

5.9 LTP4 set out issues and priorities for investment in transport infrastructure, technology and services, focussed on supporting travel by all modes. In accordance with national and local objectives, a series of local transport-specific objectives are identified in the LTP4:

“To support Worcestershire’s economic competitiveness and growth through delivering a safe, reliable and efficient transport network.

To limit the impacts of transport in Worcestershire on the local environment, by supporting enhancements to the natural environment and biodiversity, investing in transport infrastructure to reduce flood risk and other environmental damage, and reducing transport-related emissions of nitrogen dioxide, particulate matter, greenhouse gases and noise pollution. This will support delivery of the desired outcomes of tackling climate change and reducing the impacts of transport on public health.

To contribute towards better safety, security, health and longer life expectancy in Worcestershire, by reducing the risk of death, injury or illness arising from transport and promoting healthy modes of travel.

To optimise equality of opportunity for all of Worcestershire’s citizens with the desired outcome of creating a fairer society.

To enhance the quality of life for Worcestershire’s residents by promoting a healthy, natural environment, for people, wildlife and habitats, conserving our historic built environment and preserving our heritage assets."

5. Worcestershire County Council Streetscape Design Guide (2018)

5.10 The ‘Streetscape Design Guide' (SDG) was produced to aid architects, engineers, planners, developers, designers and other professionals in preparing transport infrastructure related to new developments. It is to be considered in conjunction with Manual for Streets 1 and 2, as well as the Design Manual for Roads and Bridges.

5.11 Chapter 4 relates to ‘Planning for Parking’ and seeks to provide an approach as to how car parking in Worcestershire should be provided to support development in a manner which embraces the NPPF. It is considered that if the applicant is the end user that they are well placed to assess operational demands but all sites must be considered against a planning use class to ensure they equally address the needs of future users. Therefore applications should provide a suitable evidence base to

ensure vehicles are not displaced onto the highway to ensure highway safety is not compromised and maintain the free flow of traffic to the benefit of the local economy. This document only reflects a small part of managing vehicle demands and therefore should be read alongside the Local Transport Plan (above) which contains policies to promote sustainable travel through the provision of physical infrastructure and travel planning initiatives.

6. Consultations

6.1 Formal consultation, including display of site notices, has been undertaken in respect of the application. The application has raised a number of objections from local residents with regard to:

Noise (proposed) Levels of noise from the existing operation (wedding marque) Light pollution Increases in traffic Pollution More appropriate locations within the farm to site the proposed building Lost opportunity to make the site a battleground attraction

Letters of support have also been received in relation to this proposal. Comments made included the following:

Benefit to the local economy and small businesses Need for family-friendly business within the area Creation of better access to the countryside, of benefit to walkers Attraction of visitors to the local area Benefits of engagement with the natural environment

6.2 The following comments from statutory and non-statutory consultees have been received in relation to the proposals:-

Worcester City Council Landscape and Biodiversity Adviser: No overall objection. Additional surveys and updated landscaping proposal requested (and submitted by the applicant). Biodiversity enhancements welcomed

South Worcestershire Land Drainage Partnership: No objection

Worcestershire regulatory Services (nuisance)- No objection subject to conditions and proper set up of noise limiter

West Mercia Constabulary- No objection

Natural England- No objection following the submission of additional information

Tree Officer- No objection

Planning Policy Officer- Application is contrary to SWDP5, SWDP28 and SWDP38. Following the submission of additional information the Planning Policy Officer agrees that the use and ecological enhancements proposed are such that the proposal could be considered to accord with policies SWDP5 and SWDP38 but the siting of the application site within the functional flood plain means that the development remains contrary to SWDP28.

Worcestershire County Council Highway Authority: No objection subject to conditions

Worcester City Council Archaeological Officer: Following the submission of additional information no objection subject to conditions

Historic England- Following the submission of additional information no objection

Environment Agency- Objection. Development in the functional floodplain

6.3 Members have been given the opportunity to read all representations that have been received in full. At the time of writing this report no other consultation responses have been received. Any additional responses received will be reported to members verbally or in the form of a late paper, subject to the date of receipt.

6.4 In assessing the proposal due regard has been given to local residents comments as material planning considerations. Nevertheless, I am also mindful that decisions should not be made solely on the basis of the number of representations, whether they are for or against a proposal. The Localism Act has not changed this, nor has it changed the advice that local opposition or support for a proposal is not in itself a ground for refusing or granting planning permission unless it is founded on valid planning reasons.

7. Comments of Deputy Director of Economic Development and Planning

7.1 Policy SWDP1 of the South Worcestershire Development Plan sets out overarching sustainable development principles and these are consistent with the Framework. The various impacts of the development have to be assessed and the benefit and adverse impacts considered, to establish whether what is proposed is sustainable development. Taking the above matters into account I consider the main issues raised by the proposal relate to the principle of development and whether the development would be sustainable, having regard to the 3 dimensions of sustainability set out in the Framework: economic, social and environmental, in particular with regard to:

1. The economic role;

-Farm diversification and the economic value of the proposal

2. The social role:-residential amenity;-community benefit

3. The environmental role:- flood risk- access, car parking and highway safety;- design and detailing;- site layout - impact on heritage assets; - ecology;

- energy conservation. These issues will now each be considered in turn.

Sustainable Development

1. The economic role

Farm diversification and the economic value of the proposal

7.2 The submitted proposal is located within the Manor Farm and represents farm

diversification. Over the last few years the farm has diversified incorporating a nursery school, glamping site, marquee events venue and camping site and the current proposal seeks to complement this provision, linking directly to the marquee events venue.

7.3 The NPPF, para 83 sets out that Planning policies and decisions should enable:a) the sustainable growth and expansion of all types of business in rural areas,both through conversion of existing buildings and well-designed new buildings;b) the development and diversification of agricultural and other land-based rural businesses;c) sustainable rural tourism and leisure developments which respect the character of the countryside;Further guidance on this is set out in SWDP12: Employment in rural areas which states that proposals to diversity farm businesses for employment will be permitted providing the proposal does not detract from or prejudice the agricultural undertaking, it is of a scale appropriate to the rural character of the area and wherever possible existing buildings are re-used to reduce the need for additional built development.

7.4 It is Officer opinion that the submitted proposal accords with the aforementioned SWDP policy and the overall objectives of the NPPF, in particular paragraph 83. The siting of the venue is on land which currently forms a pond (the decking will over-sail the pond) and scrub land: it is not used for agricultural purposes and so will not compromise the farm’s future agricultural undertaking. It will also relate well in terms of location to the existing marquee venue. The proposed structure and ancillary play and seating areas are of a scale appropriate to the site and will not detract from the rural character of the area. Whilst the proposal does result in the erection of a structure bespoke to the application it is noted that there are no other structures with the potential to be re-used on the site and that the siting allows the development to integrate with the existing marquee venue and glamping areas whilst making the most of the site’s pond setting. The business is linked to the farm: it will sell dairy and other produce produced on the farm and will run rural courses. This connection is welcomed. Given this it is considered that the development accords with the above policies and the farm diversification is supported. The proposal will provide the farm with an additional income stream which is supported. Furthermore it is considered that the submitted proposal, which offers the potential for direct and indirect local employment opportunities, should be supported. It is proposed that the development would generate employment opportunities within the ice cream parlour and café (which will open on a daily basis) as well as roles within hospitality, grounds/maintenance employing 7 new full time equivalent roles.

2. The social role

Residential amenity

7.5 Policy SWDP 21 requires amongst other matters that new development should provide an adequate level of privacy, outlook, sunlight and daylight, and should not be unduly overbearing. Pertinent advice is also contained in the South Worcestershire Design Guide SPD (SWDG SPD), which was adopted by the City Council on 6th March 2018. This is consistent with the aims and interests that the NPPF seeks to protect and promote.

7.6 The proposed venue building and ancillary structures will be sited over 80 metres from the nearest residential units and as such it is officer opinion that the proposal would not result in any opportunities for overlooking or loss of light by virtue of the building’s scale, design and location. The car parking associated with the venue is sited close to the venue away from nearby residential units and it is officer opinion that the amenities of local residents would not be compromised in this regard

through any increase in usage of this car park area.

7.7 A number of residents have raised concerns about potential noise disturbance from the proposed venue. A number of residents have also referenced current issues with noise resulting from the existing operation. The submitted application is supported by a detailed Noise Management Plan which sets out the procedures to be adopted on the application site to ensure, as far as possible, that disturbance to local residents by activities in and around the building is kept within acceptable limits.

7.8 The building has been designed with particular consideration to noise pollution and the applicant states that a driving force behind the project and its design has been to significantly reduce the existing noise pollution impact from the wider site to help satisfy the main objections raised by the wedding marquee, though members will note that this marquee will remain in place. The venue room has been specially designed to allow it to host events with music with negligible noise pollution outside so that there will be no audible noise at the farm boundary. In this regard the submitted proposal could result in betterment over the current situation. The building has been orientated with the noise containing venue room being furthest away from local residents, with the remaining part of the building acting as a screen. Foyers have been included on all external doors from this room to prevent noise escaping as people enter and leave the building. Acoustic glazing has been specified for the west wall of the room. The walls and ceiling have been designed as thick multi-material, highly insulated barriers especially to disrupt and break up sound waves.

7.9 Worcestershire Regulatory Services have commented on the proposal. They have commented that the proposed venue building design appears to be good in terms of noise breakout mitigation and together with adherence to the submitted Noise Management Plan the operator should be able to ensure that noise from the venue building should not adversely impact the nearest noise sensitive receptor(s). Regulatory Services recommend that noise levels from the venue building, at the boundary of the nearest noise sensitive receptor(s), should not exceed the background noise level (LA90) at any time. The operator should be able to achieve this by having the proposed noise limiter properly set up by a qualified acoustic consultant, paying particular attention to low frequency noise (bass) and periodic subjective monitoring at the boundary of the nearest noise sensitive receptor(s). Worcestershire Regulatory Services have requested an acoustic report detailing the noise limiter setup and predicted resultant external noise levels should be submitted for comment and approval. As this can only be carried out post construction it is proposed that this is sought by a prior to first use condition along with a condition which requires that the development be carried out in accordance with the noise management plan. It is also recommended that conditions be attached restricting hours of operation and preventing the use of both the events venue and marquee for weddings at the same time to safeguard neighbouring amenity.

7.10 In light of the above it is considered that the submitted proposal is appropriately designed and that opportunities have been sought to minimise the impact on neighbouring residents in terms of noise. The proposal is considered acceptable in this regard and subject to the recommended conditions should not result in harm to the amenities enjoyed at nearby residential properties.

Community Benefit

7.11 The proposal incorporates a number of different elements including an ice cream parlour, café, play area and an events and workshop room which will be made available to the local community. It is the applicant’s intention that this room be made available to host school and community events as well as for in-house courses or for hire by local instructors. The provision of a facility, with the potential to

provide rural-based educational workshops, to be made available to local community groups such as the scouts and schools is welcomed and will form a real asset for such groups and the wider local community in general.

7.12 In addition to the building and associated ancillary uses being made available to the public it is also proposed to provide a connection to the existing public footpath which runs along the river. This will improve connectivity to the public right of way and the riverside in general and provide a circular route to the benefit of local residents and visitors. The provision of such a path will benefit the local community by facilitating opportunities for recreation. This is welcomed and provides a real public benefit for the community, however as this connection to the public footpath will not be a public right of way and will be controlled by the applicant I afford this benefit a limited amount of weight in assessing the merits of this proposal.

3. The Environmental Role

Flood Risk

7.13 The application site is located within flood zone 3a and 3b within the functional flood plain (River Teme). The proposed building is sited on a slope and it is proposed that the west of the building will extend over the pond on raised stilts and the east of the building grounded on the bank. Whilst the level of the proposed access to the building sits well above the level of an extreme flooding event (as a result of the raised stilts) the building is technically sited in flood zone 3 and policies SWDP28 and the guidance set down in the NPPF are of relevance in considering the merits of this application.

7.14 SWDP28 clause C states that development will not be permitted in the functional floodplain. The proposal is therefore contrary to this policy which by default and regardless of design or vulnerability classification seeks to guide all development away from the functional floodplain.

7.15 The NPPF is slightly more flexible in its assessment of applications with regard to flood risk and does not place a blanket ban on development within flood zone 3. Paragraph 155 considers the vulnerability classification of the development and the potential for siting the development in areas less prone to flooding through sequential and exception tests as factors in determining the appropriateness of a development proposal in the functional floodplain.

“Inappropriate development in areas at risk of flooding should be avoided bydirecting development away from areas at highest risk (whether existing or future). Where development is necessary in such areas, the development should be made safe for its lifetime without increasing flood risk elsewhere.” (para 155)

7.16 The building has been designed to ensure safe access and egress in the event of extreme flooding in the future as a result of climate change. The bank and decking sit well above flood zone 3B. Therefore it is officer assessment that the development has been directed away from the area of highest risk of flooding through the stilted building design and is in accordance with the expectations of para 155 of the NPPF. Para 166 of the NPPF goes on to advise that:

“When determining any planning applications, local planning authorities shouldensure that flood risk is not increased elsewhere. Where appropriate, applications should be supported by a site-specific flood-risk assessment. Development should only be allowed in areas at risk of flooding where, in the light of this assessment (and the sequential and exception tests, as applicable) it can be demonstrated that:a) within the site, the most vulnerable development is located in areas of lowest flood risk, unless there are overriding reasons to prefer a different location;

b) the development is appropriately flood resistant and resilient;c) it incorporates sustainable drainage systems, unless there is clear evidence that this would be inappropriate;d) any residual risk can be safely managed; ande) safe access and escape routes are included where appropriate, as part of anagreed emergency plan.

The most vulnerable element of this proposal is the events venue, which is classified as being ‘less vulnerable’. This part of the proposal is located on stilts above the flooding level and therefore located away from the area of flood risk. The wharf itself forms, in your officer’s opinion, a minor or ancillary element of this proposal. This part of the proposal is classified as being ‘water compatible’. The submitted proposal is supported by a Flood Risk Assessment and is considered to be appropriately flood resistant and resilient. I consider that there would be merit in securing a Flood Management Plan and that it would be best to secure this detail prior to first use when the applicant’s plans for staffing and operation of the building are better finalised. The draft condition requiring submission of this detail is set out at paragraph 10 of this report. In light of this I consider that the requirements of NPPF para 166 have been met and note that the South Worcestershire Land Drainage Partnership agree with this assessment.

7.17 The Environment Agency has objected in principle to the proposal as a less vulnerable development in flood zone 3b as it is contrary to SWDP28 and the NPPF. Guidance has been provided on the Design Flood Level, following which amended plans raising the level of the proposed building have been submitted, along with an update to the Flood Risk Assessment. However, the Environment Agency retains its objection to the proposal. The following comments have been made with regard to the amended proposal:

“The use of stilts or voids is not considered to be floodplain compensation, but rather mitigation of risk by design. The use of stilts reduces the impact on the development but does not guarantee that the floodplain will be retained and/or operate in the same way as a compensation scheme. However, if your Council can confirm that a planning mechanism can ensure that the stilted undercroft area can remain open and operate as floodable space for the lifetime of the development we would not pursue an objection on this basis.”

It is your officer’s opinion that the use of the stilted undercroft area as open and floodable space for the lifetime of the development could be secured as a condition. This is set down in section 10 of this report. Therefore whilst the proposal does not provide flood plain compensation the stilted nature of the design of the development is such that no harm would result to the function of the floodplain.

7.18 The Environment Agency go on to comment that:

“Whilst we are largely satisfied that the proposed development will remain safe over its lifetime, without increasing flood risk elsewhere, the proposals still fail to accord with National and Local Planning Policy. The proposed use is akin to ‘less vulnerable’, maybe even a ‘more vulnerable’ use. Neither use is appropriate in Flood Zone 3b having regard to Table 3: flood risk vulnerability and flood zone ‘compatibility' . Whilst the use may be suspended above the DFL the risks of being within Flood Zone 3b remain. We would not agree that the wharf structure is a ‘water compatible’ use in line with Table 2 of Paragraph: 066 Reference ID: 7-066-20140306.”

The LPA agree with this assessment and as set out in earlier sections of this report have considered this proposal as being ‘less vulnerable’ rather than ‘water compatible’ and as such this means that the proposal is contrary to national and

local planning policy. The application is not supported by a sequential test which seeks to steer development towards areas of lower flood risk and the proposal is contrary to policy in this regard. The LPA cannot therefore confirm that there are no other sites within areas of lower probability of flooding which could be developed to accommodate the proposed development. The proposal is therefore contrary to the advice set down in para 158 of the NPPF. However it is your officer’s opinions that these policies fail to give due regard to the fact that this development would have finished floor levels which sit well above the area of flood risk, and taking this into consideration it is considered that the location of the proposed development is appropriate and the design is such that it will not result in increase in flooding incidences elsewhere.

7.19 The Environment Agency conclude that:

“Whilst the proposals have been amended, and we are satisfied that the proposed development will remain safe over its lifetime, without increasing flood risk elsewhere, the proposals still fail to accord with National and Local Planning Policy.

The proposed use is not appropriate in Flood Zone 3b having regard to Table 3: flood risk vulnerability and flood zone ‘compatibility'. Moreover, the proposals do not accord with South Worcestershire Development Plan Policy SWDP28- Management of Flood Risk and the SWDP Water Management Supplementary Planning Document.

As this non-compliance with planning policy is of a non-technical nature we leave for your Council to determine the acceptability or otherwise of the proposals. We trust that the above is clear and of use for you to determine this application.”

That the site is located in flood zone 3b and in terms of the flood vulnerability classification is not compatible is noted. Members will note that the Environment Agency are satisfied that the development will remain safe over its lifetime. Furthermore members will note that conditions are set out which will ensure that the stilted undercroft remain clear to enable operation as floodable space and the submission of a Flood Management Plan (including details of flood evacuation). Regardless of the above it must be stressed that the Environment Agency retain their in principle objection. However it is your officer’s opinion that the stilted nature of the design and the height of the finished floor levels being outside of the flood plain, along with theconditions proposed, the proposed development could be considered acceptable and could be carried out without compromising the function of the flood plain, increasing incidences of flooding elsewhere or endangering the safety of the users of the development. Balancing these issues it is considered that with regards to flooding the development can be considered as acceptable.

Access, parking, and highway safety

7.20 It is proposed that the access from the highway to the new development will be from the existing Manor Farm access. This is a tarmac access track currently used by Worcester Early Years Centre and Worcester Glamping. New signage will be added to direct guests to the new development.

7.21 The proposed development is situated adjacent to the former Bennetts Farm Park car park which it is proposed will service the development. This existing car park has an unsealed stone surface. Currently this car park is used for weddings, car parking for the bell tent guests and as a caravan site. Once the new development is fully operational it is intended that the caravan site will either be phased out or relocated elsewhere on the farm to free the whole area up for parking for the new development.

7.22 Additional overflow car parking will be provided in the other car parks on the Manor

Farm site (which, for the purposes of this application, are in the control of the applicant) for these larger events. These car parks are those attached to the Worcester Early Years Centre (WEYC) and the car park at the Bennetts Ice Cream production and retail unit. Together, the car parks on the site can provide up to 120 car parking spaces. The locations of each of these car parks in the context of the development site are illustrated below:

7.23 Worcestershire County Council Highway Authority has raised no objections to this aspect of the proposals, subject to conditions which are set out in this report. The comments of the Highway Authority on the proposals (as reviewed following the August 2019 Planning Committee) are as follows:

“Further to the deferral put forward at the Planning Committee on 22nd August 2019

due to the lack of clarity regarding the location of the overflow parking provision on this site, the applicant has submitted a revised Transport Statement (as Amended: 29th August 2019).

It is noted that none of the parking is shown within the red line drawing however all of the parking areas are shown within the blue line site plan and are stated as being within the applicant's control therefore they can be subject to condition. Moreover a Site Plan has been provided (Figure 5, p.9) to show 6 parking areas within the overall site comprising the Main Dedicated Car Park (46 spaces) associated with the proposed development plus 5 other car parks which can function as managed overflow parking as required. The total number of spaces on site is 137 spaces.

The applicant has presented detailed information in Tables 1 – 4 in the amended

Transport Statement to show:

• the estimated number of car movements per event across the site, not including those patrons on site already for other purposes;

• the estimated car parking requirements per event and per time period, e.g.

week day, weekend and evening periods;• the estimated peak parking demand when more than one event is taking

place, and• the overall parking demand and provision per event in the 6 parking areas

across the whole site.

Table 4 also shows the allocation of parking according to the type and time of event such that no parking will be allocated to the Worcester Early Years Centre car parks (x 3) during the day when in use by the Centre for example and on Feast Nights which are times of highest demand no overflow parking will be allocated to the WEYC car parks which are nearest to the residential dwellings. In each case, the data indicates that the parking requirement per event can be met if not exceeded and the applicant also proposes various improvements to enhance the efficiency and safety of the site operation which will be assessed via a Car Park Management Plan and which will take into account the neighbouring properties.

Finally as before, it is noted that the applicant will provide accessible parking spaces x 4, electric vehicle charging points x 5; motorcycle parking x 5 and cycle parking x 13 in line with policy in the Streetscape Design Guide. The Highway Authority has undertaken a robust assessment of the submitted application details and concludes that the proposed parking provision is acceptable and there are no justifiable grounds on which a further objection can be maintained.”

7.24 Given this it is considered that the submitted proposal will not result in harm to the safe operation of the highway network and the proposal is policy-compliant in this regard.

Design and site layout

7.25 The proposed building has been sited and designed to minimise the visual impact from neighbouring properties and rights of way. The siting of the building and surrounding landscaping is such that the visual impact of the building will be minimised. The design of the building itself is considered to be appropriate to the site’s rural setting and the site layout and incorporation of decking makes the most of the site’s natural attributes such as the pond, which will be enhanced as part of the submitted landscaping and biodiversity enhancement proposals. The building design has been informed by the applicant’s drive to minimise noise disruption resulting from the development.

Heritage Assets

7.26 The site does not contain any Listed Buildings but is within the Riverside C Conservation Area and an Archaeologically Sensitive Area. The existing character of the site is one of agriculture. Historic England and the City Council’s Archaeological Officer have commented on the proposal and, following the submission of additional detail, have confirmed that no objection to the proposal is raised, subject to a condition requiring a landscaping and maintenance plan to ensure that enhanced screening is provided as well as conditions relating to archaeological investigation and archaeological watching brief.

Ecology and impact on green space setting

7.27 The application site is designated as green space in the South Worcestershire Development Plan within an area designated as ‘protect and restore’ on the proposals map. Policies SWDP5 and 38 are of relevance in assessing the merits of

this proposal. SWDP5 is the development plan’s strategic policy for the management of green space and states that:

“Other than specific site allocations in the development plan, development proposals that would have a detrimental impact on important Green Infrastructure attributes within the areas defined as ‘protect and enhance’ or ‘protect and restore’ as identified in the Environmental Character Areas Map, will not be permitted unless:

i. A robust, independent assessment of community and technical need shows the specific Green Infrastructure typology to be surplus to requirement in that location; and

ii. Replacement of, or investment in, Green Infrastructure of at least equal community and technical need is secured”

As the site is defined as a ‘protect and restore’ area it is necessary to consider whether the development would have a detrimental impact on important Green Infrastructure attributes. Ecological survey work helps inform us of the likely impacts of the proposal and the biodiversity plan and statement covers any enhancement to the wider site which will accompany the proposal. The City Council’s landscape advisor has reviewed the submission and considers that the extent of the Green Network /Infrastructure area in this location is so wide that the proposal does not sever or compromise any linkages, or remove any important part of the total area either in size or quality of habitat. It is not surplus to requirements, but remains in an enhanced state of no detriment, and still effective Green Infrastructure. It is therefore considered that the submitted proposal would not have a detrimental impact on important Green Infrastructure attributes by virtue of the site setting. Given this it is considered that the proposal accords with the aforementioned policy.

7.28 SWDP38 sets out the Council’s objectives for the assessment of applications within areas of green space. The policy advises that development on green space will not be permitted unless exceptional circumstances can be demonstrated, one of which is that the proposal is for community/ recreational use that does not compromise the essential quality and character of the Green Space. The submitted proposal is for an events venue which would be made available to members of the community for hire and it is intended that the venue be used for local schools, scout groups etc. If approved a condition is recommended which requires submission of a community use plan which will require approval of details of pricing policy, hours of use, access by community users, management responsibilities and a mechanism for review. This community use plan will ensure that the facility is made available to members of the community for hire in accordance with the expectations of SWDP38. The proposal also makes provision of a children’s play area. It is officer opinion that the venue can be classed as being for community/ recreational use and that this can be effectively controlled through the submission and approval of a community use plan as required by condition. It is therefore necessary to consider whether the development compromises the essential quality and character of the Green Space. It is the opinion of the City Council’s landscape and biodiversity advisor that the proposal would not compromise the essential quality and character of the Green Space. In fact, the applicant has taken the opportunity to implement an extensive landscaping and biodiversity enhancement scheme which, once implemented and if properly maintained, result in appropriate improvements to the quality and character of the green space.

7.29 Paragraph 170 of the National Planning Policy Framework (NPPF) highlights the need to protect and enhance valued landscapes through the planning system. Development provides opportunities to secure net gains for biodiversity and wider environmental gains, as outlined in the NPPF (paragraphs 8, 72, 102, 118, 170, 171, 174 and 175). Wider biodiversity and environmental gains are put forward

within this proposal as part of the biodiversity enhancement plan including provision of connection to the public right of way, provision of bat and bird boxes, additional planting, enhancements to the pond and increase in public access to the site. Paragraphs 98 and 170 of the NPPF highlights the important of public rights of way and access. In your officer’s opinion this application presents opportunities to protect and enhance locally valued landscapes and increase public access to the site and connectivity to the surrounding area,.

Energy Conservation

7.30 Policy SWDP 27 (Incorporating Renewable and Low Carbon Energy into New Development) seeks to reduce carbon emissions and secure sustainable energy solutions in all new development over 100 sq. metres gross or one or more dwellings. This should be achieved by incorporating energy generation from renewables or low carbon sources equivalent to at least 10% of predicted energy requirements, unless it has been demonstrated that this would make the development unviable. The building has been designed to incorporate a number of sustainable features including the incorporation of an overhand to reduce the requirement for cooling in summer months and the incorporation of sky lights to maximise nature light within the building. It is proposed that the timber cladding will come from the Leylandii tree trunks from the farm and a straw bale wall will be used for in the venue room.

7.31 The proposed building will be of a steel frame construction typical of a standard agricultural building. This gives the possibility that in the future the frame could be dismantled and used elsewhere on the farm or sold for a traditional agricultural purpose. This ability to recycle the building frame, if necessary, makes it highly sustainable compared to other designs. It is intended that the building will be heated using a log gasification boiler, which will be fuelled by timber felled and seasoned on the farm and thereby completely and locally sustainable.

7.32 The pond on the west of the building is an artificial pond and not a running watercourse. It is intended that drainage water from the building will run into the pond from where it will evaporate or gradually soak into the water table.

8. Conclusion and planning balance

8.1 The NPPF identifies a series of the components that are considered critical to achieving sustainable development. In my opinion, the above assessment of the planning application proposals against the planning policy framework demonstrates that the application responds to, and is in accordance with, the requirements of the adopted planning policy within the development plan and material considerations relevant to the determination of the application.

8.2 Whilst the assessment is not an exhaustive list of all policies that are potentially applicable to this site, it seeks to address how the proposals respond to the key planning criteria in the planning policy framework against which the planning application will be determined.

8.3 The application site is located within a functional flood plain. The development of this site is therefore contrary to guidance set down in the NPPF and SWDP policy SWDP 28. An objection on this ground has been raised by the Environment Agency and in regards to this element of sustainable development this does not weigh in favour of the development. However due weight is given to the fact that the floor levels for the proposed unit will sit well above the level of any extreme flooding event and given this (and the building design sitting on stilts) the proposal can be considered to broadly accord with the guidance set down in the NPPF as it will not give rise to flooding elsewhere and makes adequate provision in the event of a flood. In addition, wider biodiversity and environmental gains are put forward as

part of the biodiversity enhancement plan

8.4 The proposed development would result in some economic benefits; employment during construction and thereafter within the proposal itself and other businesses associated with it (e.g. local caterers). For this role of sustainable development, the balance would clearly be in favour of granting planning permission.

8.5 With regard to the social role, clearly there are concerns which have been raised by local residents with regard to potential compromised amenity through (amongst other matters) noise pollution. Worcestershire Regulatory Services have reviewed the submission and consider that the noise attenuation measures are adequate. Whilst the concerns are noted it is considered that the proposal is policy compliant. There will also be benefits in the open space enhancements which weigh in favour of the application. The provision of a footpath connection is welcomed and will enhance the site and connectivity to the wider area, however as this will be controlled by the applicant and will not become a formal light of way only limited weight can be afforded to this enhancement in the consideration of this application.

8.6 The proposed development would include the provision of a facility which would be made available for use by the local community. The provision of such a facility is welcomed and this weighs in favour of the application.

8.7 In your Officer’s opinion the benefits of the proposal to the local and rural economy, in a manner which directly relates to the farm and in a scale appropriate to the site and local area weigh strongly in favour of the application

8.8 On balance, I am of the opinion that the submitted scheme will provide a considerable number of benefits to the local area. In fact, it is considered that the proposal is well designed, making the best of the site’s natural features and will provide a welcome addition to the local area in terms of community infrastructure, recreation and employment.

8.9 I acknowledge all comments received as part of the consultation process and consider all material planning issues have been considered in the determination of this application. Having regard to the totality of the policies in the Framework, I consider that the proposed development is sustainable when looking at its social, economic and environmental impacts in the round. The adverse impacts of the development (taking into account the considerable importance and weight to be given to the less than substantial harm to the significance of the heritage assets) do not significantly and demonstrably outweigh the benefits. Overall it is considered that the proposals constitute an environmentally, socially and economically sustainable form of development that accords with the Framework and the Development Plan as a whole.

9. Recommended conditions

9.1 In the event that members resolve to grant planning permission the following conditions are recommended:

1.) The development must be begun not later than the expiration of three years from the date of this permission.

For the following reason:-

Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990 and the time period was offered by the applicant.

2.) The development hereby approved shall be carried out in complete accordance with the submitted plans and submitted information (including recommendations

within reports), except where otherwise stipulated by conditions attached to this permission.

For the following reason:

For the avoidance of doubt and to secure a satisfactory form of development in accordance with policy SWDP 21 of the South Worcestershire Development Plan and aims and objectives of the National Planning Policy Framework.

3.) Samples of facing, roofing and surfacing materials shall be submitted to and approved by the local planning authority in writing prior to implementation as part of the development hereby approved. The development shall not be carried out otherwise than in accordance with such approved details.


To maintain the character of the site and the quality of the street scene in accordance with policies SWDP 6, 21 and 24 of the South Worcestershire Development Plan and the aims and objectives that the National Planning Policy Framework seeks to protect and promote.

4.) Prior to the first use of the development hereby approved a Flood Management Plan (including details of flood evacuation) shall be submitted to the Local Planning Authority and approved in writing. The use shall be carried out in accordance with this plan thereafter.

For the following reason:

Reason: To ensure the proposed development does not endanger the safety of the users of the development in the event of a flood, in accordance with policy SWDP28 of the South Worcestershire Development Plan and the guidance set down in the NPPF.

5.) The Development hereby approved shall not be brought into use until the access, turning area and parking facilities shown on the submitted Proposed Block Plan have been provided. These areas shall thereafter be retained and kept available for their respective approved uses at all times.

REASON: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

6.) Notwithstanding the details submitted, prior to the commencement of the parking area, details of the demarcation of the car parking spaces shall be submitted to and approved in writing by the Local Planning Authority.

REASON: To ensure the quantum of parking spaces is maintained and does not result in displacement

7.) Full details of the following matters including any details shown on the submitted plans shall be submitted to and approved by the local planning authority in writing prior to implementation as part of the development hereby approved.

Schedule:-

- renewable and sustainable measures to be incorporated within the scheme

The development shall not be undertaken other than in full accordance with such approved details.


Insufficient and/or inadequate details were submitted for these matters to be fully and properly considered in respect of the approval hereby granted and policies SWDP 21 and SWDP27 of the South Worcestershire Development Plan and the aims and objectives that the National Planning Policy Framework seeks to protect and promote.

8.) Provision shall be made before any unit is occupied for the storage and collection of refuse in relation to that unit in accordance with details hereby approved. The development shall not be undertaken other than in full accordance with such approved details.


To ensure the satisfactory provision of this necessary facility in accordance with policy SWDP 21 and the aims and interests that the National Planning Policy Framework seeks to protect and promote in this regard.

9.) Details of any floodlighting/external lighting shall be submitted to and approved in writing prior to implementation. Development shall be carried out in accordance with the approved details.


Insufficient details were submitted for these matters to be fully and properly considered in respect of the approval hereby granted and policy SWDP 21 of the South Worcestershire Development Plan and the aims and objectives that the National Planning Policy Framework seeks to protect and promote.

10.) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out by the developer in the first respective planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of ten years from the completion of the landscape planting die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation, and such new planting shall be similarly maintained for a five year period from its planting.


To maintain the visual and environmental quality of the site and surrounding area in accordance with policies SWDP 5 and SWDP 21 of the South Worcestershire Development Plan and the aims and objectives that the National Planning Policy Framework seeks to protect and promote.

11.) Full details of the following matters including any details shown on the submitted plans shall be submitted to and approved by the local planning authority in writing before the buildings are first occupied.

Schedule:-

Any proposed signage

The works shall not be undertaken other than in full accordance with such approved details.


Insufficient details were submitted for these matters to be fully and properly considered in respect of the approval hereby granted and policy SWDP 21 of the South Worcestershire Development Plan and the aims and objectives of the National Planning Policy Framework.

12.) During the construction works hereby approved no operations including deliveries to or from the site shall be carried out on the site other than between the hours of 0730 to 1800 Mondays to Fridays inclusive and 0800 to 1300 on Saturdays and no operations shall be carried out at all on Sundays or on statutory Bank Holidays.


To maintain the residential amenity of the surrounding residential development in accordance with policy SWDP 21 of the South Worcestershire Development Plan and the aims and objectives of the National Planning Policy Framework.

13.) The development hereby approved shall be carried out in accordance with the recommendations set down in the Noise management plan (dated February 2019). The use hereby approved shall not be implemented until all measures set down in this plan have been put in place. The development shall thereafter be carried out in accordance with the recommendations in this plan.


To maintain the residential amenity of the surrounding residential development in accordance with policy SWDP 21 of the South Worcestershire Development Plan and the aims and objectives of the National Planning Policy Framework.

14.) No development shall take place until a written scheme of investigation (WSI) for an archaeological watching brief has been submitted to and approved by the local planning authority in writing. For land that is included within the WSI, no development shall take place other than in accordance with the agreed WSI, which shall include the statement of significance and research objectives, the programme and methodology of site investigation and recording and the nomination of a competent person(s) or organisation to undertake the agreed works, the programme for post-investigation assessment and subsequent analysis, publication & dissemination and deposition of resulting material.

For the following reason

To allow the historical and archaeological potential of the site to be realised in accordance with policies SWDP6 and SWDP 24 of the South Worcestershire Development Plan and aims and objectives of the National Planning Policy Framework

15.) Notwithstanding the approved detail the stilted undercroft area shall be kept open to enable it to operate as floodable space in perpetuity

Reason: To ensure the proposed development does not compromise the function of the floodplain in the event of a flood, in accordance with policy SWDP28 of the South Worcestershire Development Plan and the guidance set down in the NPPF.

16.) Prior to the implementation of the development hereby approved an acoustic report detailing the noise limiter setup and predicted resultant external noise levels should be submitted for comment and approval. The development shall be carried out in accordance with the details set down in this report.


To ensure the satisfactory provision of this necessary facility in accordance with policy SWDP 21 and the aims and interests that the National Planning Policy Framework seeks to protect and promote in this regard.

17.) Notwithstanding any details shown on the submitted plans groundworks and foundations shall be constructed in accordance with details to be agreed in writing by the local planning authority before ground disturbance commences.

For the following reason

To allow the historical and archaeological potential of the site to be realised in accordance with policies SWDP6 and SWDP 24 of the South Worcestershire Development Plan and aims and objectives of the National Planning Policy Framework.

18.) The development hereby permitted shall not be open to customers outside the following hours of 0700 and 0000 (midnight).

Reason:- To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to policy SWDP31 of the South Worcestershire Development Plan.

19.) Notwithstanding the submitted detail there shall at no time be two or more separate wedding events taking place simultaneously within the proposed events venue and the existing marquee.

Reason:- To ensure the proposal preserves residential amenity and to prevent unacceptable noise pollution to the detriment of human health contrary to policy SWDP31 of the South Worcestershire Development Plan.

20.) Prior to the first use of the development hereby approved a community use plan shall be submitted to the Local Planning Authority and approved in writing. This plan shall include details of pricing policy, hours of use, access by community users, management responsibilities and a mechanism for review. The development shall not be used otherwise than in strict compliance with the approved agreement.


To secure well managed safe community access to the facility and to accord with Development Plan Policy SWDP38.

21.) Prior to commencement of the development hereby approved, details of the car park management plan shall be submitted in writing to and approved by the Local Planning Authority.

REASON: To ensure the effective management of the on-site parking provision.