Utkinton & Cotebrook Steering Group appeal Ref; APP ... · Web viewThe most intact landscapes, in terms of biodiversity, landform and historical/cultural associations should

Planning Appeal Reference Number: APP/ A0665/W/18/3196169Planning Application Number: 17/01595/OUT

Appeal by Marcol Homes Ltd and Vivio DevelopmentsSite Address: Land off John Street, Utkinton, Tarporley, CW6 0LP

Comments regarding the appeal site and comments about the Planning Appeal Statement

This document is submitted on behalf of the Utkinton & Cotebrook Neighbourhood Plan Steering Group, which was formed under the auspices of Utkinton & Cotebrook Parish Council to create a Neighbourhood Plan for the Parish. The Group is registered with Cheshire West and Chester Council and we have worked closely with, and consulted regularly with, individuals, groups and organisations who are resident, or have interests in the Parish; the Parish Council (UCPC), Cheshire West and Chester Council (CWaC), Cheshire Community Action (CCA) and Cheshire Wildlife Trust (CWT).

Working with the above-mentioned organisations, we have received several reports, which will be referred to in this document and appended to it.

These surveys not only comply with the requirements of the Neighbourhood Plan preparation process, but also the requirements of policy DM24 (Rural Exception Sites) of Local Plan Part 2 that requires housing needs surveys to be done to support applications for rural exception sites. The Housing Needs Survey is up to date, independent and was prepared in conjunction with the Parish Council and the community. We will also refer to other surveys and statistics later in the paper.

Members of the Steering Group agree with and wish to be associated with the objections to this application that have been made both previously and in the documents submitted for the appeal made by Utkinton & Cotebrook Parish Council and the Green Space Action Group. We can state categorically, from first hand evidence and lengthy consultation with residents of Utkinton and many in Cotebrook that the Parish Council and Green Space Action Group reflect the opinion and wishes of the vast majority of residents.

We have, as individuals previously objected to the planning application (17/01595/OUT) but as a group, we have sought and listened closely to people's opinions in relation to, amongst other issues, development within the Parish. These opinions have been gleaned through conversations, questionnaires, public meetings held by the Group and surveys conducted by an independent body.

Using the data gathered we have considered the Planning Appeal Statement (PAS) and other documents recently submitted by the appellant and it is clear that that residents feel that if this appeal succeeds it will have a negative impact on the Village.

Utkinton & Cotebrook Neighbourhood Plan Steering Group Page 1

People consider that the future amenity value of the sites landscape and its environment will be adversely affected which will have a negative impact on the well-being of the community, particularly those that live adjacent to it.

They also consider that should the application be approved, all the consultation, and assertions that their views will be listened to and their hopes, desires and aspirations respected, as supported by the 2011 Localism Act will have been merely platitudes. That is a stark statement, but evidence will be produced later to support the opinion that the development (17/01595/OUT) would have such an impact and create such feelings.

The emerging Utkinton and Cotebrook Neighbourhood Plan which is at the Vision & Objectives (Appendix B) stage, includes a recently commissioned independent Housing Needs Survey for the Parish (Appendix A) that provides up to date evidence about the need for affordable and market housing in the Parish. The report is quoted because the location of the development would have such a detrimental impact on the views both into and out of the Parish

A screen shot from page 17 (Fig 1) of the Housing Survey Report on Housing Need, shows that when the residents of the Parish who expressed a need for a different type of housing (either now or within the next 5 years) were asked what tenure of new household they would require none responded with social or affordable rented housing or to be involved with shared ownership or equity.

That is consistent with the dialogue we have had in meetings and contacts with residents in the Parish. We therefore suggest that the Plan has progressed sufficiently for it to be given some weight and consideration in deciding the outcome of the Appeal.


Fig.1 Extract - Household Survey Report on Housing Need

Utkinton and Cotebrook Parish Council have accepted the Visions and Objectives document of the Utkinton and Cotebrook Parish Neighbourhood Plan Group and it will be circulated to Parishioners before the end of September for them to contribute ideas for policies for the Neighbourhood Plan. In that document we make clear, having listened intently to the Parishioners, our intentions about the supply of adequate, appropriate and desirable homes (Fig. 2 & 3).


Fig 2 Extract - Vision & Objectives - Homes to Meet the needs of local people

The basis for the application is that the Parish needs Affordable Housing, the cost to be subsidised by market housing. Indeed, the application meets none of the identified demand and whilst there is no immediate need for affordable/shared ownership housing, we agree that this could change in future. That is why the Steering Group will identify land suitable for development within the parish, which will meet any future needs. We will do so in a manner that will identify brownfield sites and other land for development that will not deprive residents, visitors and users of the wider area beautiful views from and into the Village.


Our proposals:

1. All new housing should help to broaden the range of stock available in the Parish. It should complement and add to the existing stock, broadening choice and extending the opportunity to live in the Parish to a wide range of people.2. The Neighbourhood Plan will identify sites suitable for housing development. Proposals for new housing should adopt a design, siting and layout approach that complement the current housing stock3. Proposals for new housing must ensure that the scale and type of housing provided and the rate of construction will enable proportionate growth, will not undermine the character of the Parish and will respect the form and nature of the Area of Special County Value (ASCV).4. Some development is inevitable but it is important that the scale is supported by the community

Our objective is to enable the provision of a choice of new homes to meet the needs of the community including:

People who wish to live in family homes.

First time buyers. People who wish to rent. Young families with a restricted

income who need a larger property.

Older people and others who wish to downsize.

The issues you identified:

No major developments in the Parish.

Small-scale housing development.

Need for sustainable housing development

Better mix of housing (size, tenure and price)

Need for affordable homes

Fig. 3 Extract - Vision and Objectives - Protecting the Built Environment

The site for the proposed development is enclosed on two sides, the west and north boundary, by the sandstone retaining wall that is an undesignated heritage asset and marks the natural and historic boundary of the village. It forms a bank and is topped by a mature hedge and trees, all of which have Tree Protection Orders. Residents opposite the site see a variety of wildlife in and flying to and from the hedgerow and trees, including, but not exclusively, owls, bats, birds of prey and various mammals.


It is important that any new development is accommodated in a way that maintains and enhances our built environment and that it improves the quality of life of all current and future residents.The proposals suggested are designed to ensure that new development respects the existing form and function of the settlements within the Parish

The issues you identified:

No major developments in the Parish.

Any development must be phased over a number of years

Development to favour brownfield sites of infill first.

New building must reflect the character of the Parish

Better mix of size, tenure and price of housing

Our proposals:1. New development should not be prominent in scale, visually dominant or significantly change the character of the settlements. It should reflect the grain, density, quality and materials of the current housing stock.2. All new development should be of a height, massing and appearance that does not adversely affect key distinctive views into or out of the Parish. Particular attention should be given to views to and from open spaces within the Parish, the ASCV and key landscape features3 Modern design of a very high standard should be encouraged as long as materials and scale are appropriate to the context of the site4. All new development should take every opportunity to incorporate features that improve environmental performance thereby reducing carbon emissions.5. Developers should give consideration to any suitable brownfield sites or infill sites before putting forward plans to build on open countryside.NB: Utkinton & Cotebrook is not in the Green Belt area6 New development should be incremental to allow for gradual expansion and evolution of facilities

The outline application is contingent on this wall and hedgerow being demolished and moved 2 metres to the south to enable a footpath to be constructed. This would involve a major work of civil engineering, given the slope and height of the site. Even if the wall were rebuilt and the hedgerow replanted it is unlikely that it will return to its current state for many years, and would be damaging to wildlife, flora and fauna. In their report Cheshire Wildlife Trust (Appendix C), indicate the importance of trees, banks and hedgerows within the Parish:

Scattered farmland trees together with the hedgerow network are fundamental to landscape permeability and provide habitat for numerous species including declining farmland bird populations. Many small fields still remain in Utkinton and Cotebrook and most have a good network of hedgerows enclosing them. Dunnock (amber listed) and house sparrow (red listed), present within the area, will make use of the hedgerows within the parish.....P26

The good network of field boundary hedgerows within Utkinton and Cotebrook provides habitat connectivity between high distinctiveness areas, which would otherwise be separated by extensive areas of land predominantly of low habitat distinctiveness with restricted potential for wildlife to disperse. Not all the hedgerows are identified as key components of the parish’s ecological network, however collectively these hedgerows provide linear connectivity through the neighbourhood and beyond. In addition to their intrinsic ecological value a good hedgerow network also adds to the landscape character value. ......P30

To summarise, future development of Utkinton and Cotebrook should respect the natural environment. The most intact landscapes, in terms of biodiversity, landform and historical/cultural associations should be valued highly when planning decisions are made. Protection and enhancement of Utkinton and Cotebrook’s natural assets is of crucial importance for nature conservation and ecosystem services but it is also important for the enjoyment of future generations. ......P31

Any proposals that involve the removal of hedgerows or sections of hedgerows or their associated features (e.g. ditches, banks, standard trees) should be supported by an assessment to ascertain their status in relation to The Hedgerow Regulations. Should the Local Planning Authority grant permission for removal, compensatory hedgerows should be provided; however it is good practice to compensate for the loss of all hedgerows whether the hedgerow regulations apply or not. Like-for-like replacement is the minimum level of compensation that could be asked for, but it is likely that good condition high value hedges will require a 3:1 replacement ratio. ......p35

(Protecting and Enhancing Utkinton and Cotebrook’s Natural Environment April 2018)

The destruction, removal, or relocation of any part of the sandstone wall, hedgerow and trees would be detrimental to local wildlife, damaging to the environment and affect not just the amenity value of this site for residents and visitors but impact their views into and out of the Parish too.

During June and July 2017, a petition raised by the ‘Utkinton Green Space Action Group’ was left on the counters of the businesses in the Rose Farm Shop complex. The statement visitors were asked to consider was:


“We the undersigned strongly object to the Outline Planning Application (17/01595/OUT) for a Residential Development of 7 Affordable Dwellings and 5 Market Dwellings on the land adjacent to Rose Farm Shop at John Street, Utkinton and Request that Cheshire West and Chester Council Refuse the Application.”

This petition returned a total of 219 respondents.

We suggest this result indicates;

a) the value to residents of the views/landscape from this spot (see below Fig 4)

b) the peace and serenity of the area

c) the economic value to the village - the shops and Cafe employs people who live in the village

The houses on Northgate and John Street have no impact on the landscape of the appeal site because the site’s elevation is so much higher than these roads. Whereas the opposite can be said for the visual impact that houses on the Appeal site will have on those long-standing properties and the Farm Shop

In the Local Landscapes Designations: Areas of Special County Value in Cheshire West and Chester 2017 document the Statement of Importance in that document states that the ASCV is:

“Visually and perceptually some of the most important landscape within CWaC due to the relatively pronounced contrast in elevation and land cover in relation to the lower-lying pastoral landscapes of the Cheshire Plain to the east and west. This gives rise to a prominent but rounded skyline visible from a wide area that presents extensive views from a variety of points upon it.”

Figure 4 View of the proposed site from Rose Farm Cafe area looking north-west


This assessment of the damage to the views into and from the proposed development, is shared by the author of the Utkinton Landscape Character Assessment (Appendix D), Peter Black, who states;

Our view based on local knowledge of the site and conversations with the community suggests that the effects on the landscape and sensitive receptors should be categorised as major because the new development forms more than just a new component in the view, but the elevated nature of the site means that the new component will be prominent, have a strong influence on the overall view, and significantly affect how residents and visitors view both the local landscape and the views from Rose Farm.

Utkinton Landscape Character Assessment - September 2018

One of the initial surveys for the Neighbourhood Plan conducted during September and October 2017 posed six questions. We refer to the results and analysis of the first of those, which was;

What do you like about the Parish?

There is an acknowledgement that this is selective, but as the refusal was based on landscape considerations, it is informative to note the response from residents about the environment, views and peaceful nature of the area. 'Peaceful nature' is referred to as it considers the impact that this development of twelve houses would have on that particular location. We support and agree with the comments made by UCPC and GSAG on planning matters and stress the increase in vehicular movement in and around the site. This would affect the peace and safety of (dog)walkers, cyclists, children going to and from the school, visitors, holidaymakers, people staying in local B & B establishments, shoppers and wildlife, that such a rural setting currently provides.

The feedback and analysis is attached (Appendix E) but the general response to this question can be summarised with the words;

"peaceful and quiet, countryside, rural location, views"

which is one specific response, but the same words are contained in many of the responses from all age groups.

A survey was conducted with fifteen students in the 12 -16 age group, studying at the local High School (see Tarporley High Workshop, Neighbourhood Survey Feedback September and October 2017 and Analysis (Appendix E) and the survey elicited the following responses.

7 students - Quiet: 6 students - Views : 6 students - Walks : 3 students - Forest

These students live in the Parish, the majority in Utkinton. This response is replicated throughout the age groups as can be seen in reports, (Neighbourhood Feedback September and October 2017 and Analysis November 2017 (Appendix E)

The nature and number of responses to all questions is similar throughout the age ranges.


The steering group believe the development will do irreparable damage to the distinctiveness of the village, its surrounding landscape and the ASCV. It will also affect the well-being of the residents to a far greater degree than sympathetic, coordinated and appropriate development guided by the wishes and needs of the community through the Neighbourhood Plan which will identify more suitable land on brownfield sites and sites that will do less damage to the ASCV and sites offered by local residents, who have a feeling, understanding and sympathy for the nature of the area. The Neighbourhood Plan Group and the Parish Council will work closely with the CWaC planning department and residents to ensure there is sufficient, appropriate and modern housing. The residents of Utkinton and even those from further afield value the landscape and environment of the Parish highly and do not wish to see it harmed by unnecessary development.

The Utkinton and Cotebrook Neighbourhood Plan Steering Group would ask the Inspector to dismiss this Appeal on the planning grounds submitted by the Parish Council and the Green Space Action Group, which we support. And also, because the development will damage the intrinsic nature of the Village, its surroundings and its value for future generations. It is inappropriate, unnecessary and unwanted by the vast majority of the residents in the Village. We ask that they be heard.

Anthony Dahill

Chairman

Utkinton & Cotebrook Neighbourhood Steering Group.


Appendix A

Utkinton & Cotebrook Parish – Household Survey Report on Housing NeedUCPC commissioned this report, produced by CCA - April 2018

Appendix B

Utkinton & Cotebrook Neighbourhood Plan - Vision & ObjectivesUtkinton & Cotebrook Neighbourhood Plan Steering Group - August 2018

Appendix C

Protecting and Enhancing Utkinton and Cotebrook's Natural EnvironmentCWT - April 2018

Appendix D

Utkinton Landscape Character AssessmentBlackfryers; principal author, Peter Black. Funded by UCPC - September 2018

Appendix E

Neighbourhood Survey Feedback September and October 2017 and AnalysisNeighbourhood Plan Steering Group November 2017 - Anna Harvey


Documents

Utkinton & Cotebrook Steering Group appeal Ref; APP ... · Web viewThe most intact landscapes, in terms of biodiversity, landform and historical/cultural associations should