1. home and garden

APPLICATION NO: WP/14/00777/OUT
1st April 2015
Outline planning permission (with all matters being reserved including access) for the
development of approximately (up to) 500 residential dwellings in 3 phases (phases 2 to
4)
CURTIS FIELDS LAND SOUTH OF, CHICKERELL ROAD, WEYMOUTH
Betterment Properties (Weymouth) Ltd
Case Officer: Darren Rogers
FOR DECISION
1. SUMMARY RECOMMENDATION
1.1
Delegate to the Head of Planning (Development Management & Building Control)
to grant outline planning permission subject to the completion of a Section 106
Agreement and subject to conditions.
2. PROPOSAL
2.1
This is an outline application for the further development of land known as Curtis
Fields or Markham & Little Francis. It is made in outline form with all matters being
reserved (including access) for the development of approximately (up to) 500 residential
dwellings in 3 phases (phases 2 to 4).
2.2
Members will be aware that an application for a mixed use scheme (but mainly
housing) on phases 1A (a detailed scheme) and 1B (outline) all accessed off Chickerell
Road were refused in 2013 but following an appeal and public inquiry, an Inspector
acting on behalf of the Secretary of State for Communities and Local Government
allowed the appeal. That appeal scheme is now currently under construction and
comprises as part of the detailed phase 1A :
 a ‘Class A1’ Retail & Convenience unit with 7 flats over,
 a ‘Class B1’ Commercial/Office unit with 12 flats,
 64 residential units
2.3
Phase 1B comprised the development of a further 97 residential units together
with associated highways, parking and landscaping. A reserved matters application for
the ‘layout’, ‘scale’, ‘appearance, ‘access’, and ‘landscaping’ of phase 1B has been
submitted and is under consideration.
2.4
The approved development therefore comprises a total of 180 residential units.
2.5
In support of the application, the following documents have been submitted:
 Planning Statement,
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Design & Access Statement,
Transport Assessment/Travel Plan
Tree Survey
Report Of 2014 Update Survey Of Badger Activity
Landscape Visual Impact Assessment
Archaeological Field Evaluation
Supplementary Planning Document
Ecological survey
Flood Risk Assessment and Drainage Strategy,
Draft Section 106 Heads of Terms
2.6
Although an outline application the applicant has submitted a detailed Design and
Access Statement which explains the proposals thus :
Overview –
This document is a Design & Access Statement to support an Outline Planning Application (with
All Matters Reserved) to the shared services partnership of West Dorset District & Weymouth &
Portland Borough Councils (WDWP) by Betterment Properties (Weymouth) Ltd for a Phase 2 to
4 development at ‘Curtis Fields’, also known locally as Markham & Little Francis, lands south of
Chickerell Road, Weymouth, Dorset.
2.7
The overall aim of the document is to explain the design rationale behind the application and
provide a written description and justification for the proposal to accompany the drawings. This
has been undertaken in general terms related to an analysis of the site context and in more
detail relating to the immediate context of the site.
The overall Curtis Fields site comprises an area of approximately 38 hectares of pasture
farmland and open space, including a local Site of Nature Conservation Interest (SNCI) to the
south. The site is bounded by Chickerell Road to the North, Lanehouse Rocks Road to the
West, with a local school and residential development associated to the East. To the South of
the site are a cemetery, paddock and residential properties along Wyke Road. Phases 1 A and
1B to the north of the site were granted planning permission in January 2014 following an
appeal.
An outline master plan has been developed which subdivides the site into four potential
development phases (Figure 2). The application site forms the southern parcels of land
comprising Phase 2A, 2B, 3A, 3B and 4A. The layouts have been developed iteratively looking
at the physical, economic, environmental and social requirements of the site.
This proposed development would supply Weymouth with housing to meet the current shortfall,
including much needed low cost starter and affordable homes and provide a viable delivery of
houses for the future on a sustainable site.
2.8
Site & Landscape Appraisal
The application site comprises an area of approximately 19 hectares of gently sloping pasture
farmland and Hillside Urban Pasture which is substantially scrub.
There are a number of redundant farm buildings south of Cockles Lane, currently used for
grazing a small number of horses. The fields are substantially bounded by existing suburban
residential properties which erode any rural character in these areas. Land to the North on
Phases 1A and 1B have permission for residential development. Land immediately to the south
is undeveloped.
The land outside of the application site to the south is an SNCI approximately. The
topography includes undulations and contains a number of small ponds which appear to have
dried up. The Dorset AONB is located approximately 400m to the West of the site which will be
unaffected by this development.
Following submission of an Environmental Impact Assessment screening opinion request in
June 2011, Weymouth & Portland Borough Council planning team confirmed on 18th July 2014
that “...the proposed development is not an EIA development within the meaning of the EIA
Regulations..” The site “...is not within a sensitive area as defined by regulation 2(1) of the EIA
regulations...”
These factors help to ensure that the site is visually contained thereby minimising the likelihood
of adverse visual impacts on the wider landscape
2.9
Landscape Designations & Baseline Survey
The overall site is currently covered by policies set out within the Weymouth and Portland
Borough Council Local Plan 2005. It is designated as an Area of Local Landscape Importance
and Important Open Gap.
The site also bounds a locally designated Site of Nature Conservation Interest, scheduled many
years ago principally for its grass species. This is within the ownership of the applicant but does
not form part of this application.
The proposed concept masterplan for the site ensures that large areas of the overall site will
remain undeveloped and will continue to be managed as open space. These open spaces will
be focused on the southern, higher areas of the site maintaining visual impact of the
development on the surrounding area.
The character of the area around the site is fairly uniform, and has been classified as ‘Mid
Twentieth Century Suburbs’. This area includes housing within Wyke, Lanehouse and
Westham. These suburbs consist predominantly of two storey housing, mainly on estates, some
of which were developed as mass Council Housing. The area also includes some areas of
bungalows, together with supporting services such as local shops, filling stations, public houses
and surgeries. Dwellings include terraces, detached and semi detached properties. Building
materials and styles are generally not specific to the local area.
2.10 Topography
A gentle gradient falls from the North West corner of the overall site to the South East and rises
steeply to the Southern boundary.
As with Phase 1, natural site gradients will be utilised as part of the Sustainable Urban Drainage
Systems strategy which incorporates a number of green swales and green landscaped surface
water attenuation ponds which will permit controlled discharge of surface water into the local
drainage system. These will be sympathetically designed into the landscape and provide
positive additions to the urban design strategy
2.11 Landscape Character Areas
Two landscape character areas define the overall site. Low lying Urban pasture forms the
northern most three fields of the site, which include the approved Phase1. Here the land is
relatively flat, centred on a number of small drainage channels.
The land is mainly improved grassland, surrounded by hedgerows that are generally
poorly managed with a high proportion of Elms suffering from Dutch Elm Disease, many of
which have been removed. The fields are all bounded by existing suburban residential
properties.
The second character area slopes upwards towards the southern end of the site and is
classified as Hillside Urban Pasture. The topography includes undulations. There are a number
of small ponds which have appeared to have dried up. The landscape in this area contains the
highest percentage of scrub to be found on the site.
The two most species rich fields are outside the application site within the locally designated
SNCI. Hedgerows are generally poorly managed and overgrown, with a high proportion of dead
Elms trees. Hedgerow tree planting could be used to reduce any visual effects on existing
adjacent properties.
2.12 Mitigating Visual Effects on Landscape Character
The site is well served with mature hedgerows and some wooded areas as described
above. It is envisaged that an arboricultural appraisal will be undertaken to determine how to
best visually integrate the new development with the surrounding landscape. Areas of open
space will be retained and sufficient space allowed for provision of private gardens and street
tree planting.
The SNCI and POS will ensure the setting of the listed buildings 140-146-Wyke Road would not
be adversely affected. The setting of Westdowne House has already been compromised by the
construction of adjacent housing on Westdowne Close. Phase 1 housing and landscaping has
been approved in this area.
2.13 Mitigating Effects on Movement
The public footpaths running through the site would be retained and where appropriate would be
accompanied by cycle routes. Additional pedestrian / cycle routes provided within the
application site will link to the wider network would include, subject to agreement with external
parties, with links to Roundhayes Close, Lanehouse Rocks Road, Markham Avenue and
Cockles Lane.
The development of the site offers the opportunity for enhanced permeability within the
Lanehouse / Westham / Wyke Regis area, allowing greater access to local residents to local
facilities both within the site and the surrounding area
2.14 Magnitude & Significance of Potential Visual Effects of Overall Site
By retaining a swathe of open space along the southern part of the overall site, the proposed
concept masterplan would maintain the identity of the built up areas of Lanehouse and Wyke
Regis.
The Theoretical Zone of Visibility shows that the majority of affected views into the site are from
the north. These are generally either from the area immediately around the site boundary, or
within the AONB up to 5km away as glimpsed views from the countryside between Weymouth
and the route of the Southwest Coast Path.
One finding of the LVIA by HED raised some concern on developing the higher southern ground
of Phase 3B. With this in mind, Betterment propose to develop single storey bungalows within
this area to mitigate against any potential unbroken view of development. The SNCI and land to
the east and west of this would not be developed.
The visual appraisal concludes that any visual effects to the visual receptors identified that the
main visual effects are going to be predominantly limited to users and residents of the streets
and properties immediately adjacent to the site boundaries, with glimpsed longer distance views
from short stretches of neighbouring roads and smaller views from farther afield. As mitigation
planting establishes, the development will integrate with the surrounding residential land uses
and indeed soften into the landscape.
A LVIA undertaken by HED forms part of this application.
2.15 Existing Site Access
Phase 3B and the former ferry overflow car park may currently be accessed by vehicles via
Cockles Lane and also provides access to the existing barn and outbuildings. The pedestrian
right of way along Cockles Lane also affords private access only to the areas of Phase 2A and
2B. Two further pedestrian rights of way across the southern parcel of land provides links from
Cockles Lane to Markham Avenue (to the east) and Wyke Road (to the south).
The site may also be accessed privately from the access road to the rear of 111
Lanehouse Rocks Road, to the west of the site. Access from the north will eventually
be formalised when the approved Phases 1A and 1B are built on site
2.16 Architectural Context
Whilst a variety of architectural styles exist, the general form of the area is 2-storey housing with
brick/render finishes and hipped tiled roofs.
A large steel framed barn and remains of smaller associated derelict farm buildings on the
application site are not suitable for reuse within Phase 3B. The proposed new development
would be similar in scale, massing and style as those granted permission within Phase 1.
The application site is surrounded by a variety of property types including 2-storey detached, 2
storey semi-detached and single storey bungalows. St Augustines school to the north east of
Phase 4A is typically single storey.
Properties to the West have occasional open spaces between with car parking forecourts to rear
containing garage structures set back from the public footpath. Elements of this style could be
incorporated into the site layout design to reduce the visual impact of street front parking.
2.17 Flooding
Mitigation to prevent flooding within Phase 1 was been addressed within the grant
of permission for Phase 1 and the FRA submitted by Nola Design. This same FRA addressed
the entire site including Phases 2 to 4 of this application.
As such, the same FRA forms part of this application. Extensive detailed Flood Reports and
Fluvial Modelling were undertaken in liaison with the Environment Agency, Wessex Water,
Dorset County Council and Weymouth Borough Council. This identified a requirement to
undertake ground works to form a series of sensitively designed and landscaping surface water
swales and balancing ponds to control the release of surface water run off in any detailed
scheme.
2.18 Constraints & Opportunities
The layout for the site seeks to identify opportunities to create integration and connection
between the site and the existing development surrounding it, with the focus being on facilitating
pedestrian and cycle routes which will be of benefit to both existing and new residents and will
offer the most opportunity for effective integration between the new and existing communities.
CONSTRAINTS
• The existing topography
• Need to contain manage localised surface water flooding
• Residential properties located to both the East and West of application site
• Green corridor of Cockles Lane
• Likely extension of St Augustines School
OPPORTUNITIES
• Create a well designed residential development on a sustainable site, close to
Weymouth town centre, close to areas of employment, close to public rights of way
and green open space.
• Minimise flooding immediately up and down stream from the site.
• Provide connectivity and permeability across the site linking into existing
established neighbourhoods
2.19 Public Consultation
Proposals for the entire site in outline (and Phase 1 in detail) were exhibited for the local
community in the form of a public consultation on all Phases including an indicative proposal for
the proposed redevelopment of the entire site in June 2012.
The consultation was held over two days and provided an opportunity for local residents and
businesses to review initial proposals, engage with members of the development team,
comment and contribute to refinement of the proposals.
Following the delivery of 2,500 leaflets and a wider media campaign in the Dorset Echo and
radio, approximately 300 people attended the event including local Councillors, taking time to
consider and discuss the proposals with the development team with 142 forms received in total
giving a response rate of approximately 50%. 142 feedback forms equates to only 5.68% of
those directly invited to attend. Of these respondents 106 people (75%) were not in favour whilst
36 people (25%) were in favour of the proposed development.
The three principal concerns arising from the written feedback forms received following the
public consultation in order of ‘importance’ were;
•the need to review the existing and proposed traffic implications around the site;
• the need to address flooding both on and up/down stream from the site;
•the need for a review of public service provision, particularly education & health
2.20 Masterplan Development
The submitted site layout is based on the indicative layouts produced for the Public Consultation
held in June 2012 and subsequently formed the formal Pre-Planning application submitted to
Weymouth & Portland Borough Council (WPBC).
The layout was produced based on the policies contained within the emerging WDWP draft
Local Plan, alongside adopted and emerging national, regional and local planning policies, and
feedback from the above consultations, including a possible extension of St Augustine’s school.
The layout here forms part of the current planning application has taken into account feedback
received at all previous design reviews, meetings with bodies such as DCC/DWT/EA etc, Public
Consultation and feedback received from the LPA Pre-Application process.
The layout has been designed taking into account physical, economic, environmental and social
requirements of the application site, the larger overall site and the site context. As identified
from the outset, the key set of masterplan and urban design principles are;
Masterplan
Provide low cost starter homes
Incorporate ‘green’ streets and squares
Minimise imposition of highways and parking
Prevent flooding on and immediately off site
Comply with incoming policies rather than out of date existing policies and Local Plan
Urban Design
Provide an inclusive development for members of society
Ensure cross site permeability for pedestrian and cycle users
2.21 Overview
The vision for the overall proposal is to provide a quality residential development, with an
appropriate level of affordable housing and public open space with a mixed use component to
contribute towards the existing local services. A comprehensive network of vehicular, pedestrian
and cycle routes will be provided giving good access for both new and neighbbouring residents
to the wider neighbourhood.
The masterplan was produced based on the policies contained within the emerging WDWP draft
Local Plan, alongside adopted and emerging national, regional and local planning policies and
recent pre-application meetings and discussions.
The layouts have been developed iteratively looking at the physical, economic, environmental
and social requirements of both the site and the wider site. The proposal is based on the
indicative layouts produced for the Public Consultation and the subsequent planning application
for Phase 1.
The detail shown within the Phase 1 application will act as an indicative design template for
future detailed submissions on this site, whilst acknowledging any future development will be
designed to meet the specific needs at the appropriate time. As identified from the outset, the
key set of design principles are;
Provide low cost starter homes
Incorporate ‘green’ streets and squares
Minimise imposition of highways and parking
Prevent flooding on and immediately off site
Comply with incoming policies rather than out of date existing policies
Provide an inclusive development for members of society
Ensure cross site permeability for pedestrian and cycle users
2.22 Scale & Skyline
Adjoining developments principally comprise one and two storey properties with intermittent
three storey units. The proposal seeks to continue this language by providing mostly two storey
properties, with single storey flats over garages and three storey marker buildings at key
locations throughout the site, to provide variety, design punctuation and a range of house types.
Two storey housing have a typical ridge height of 8.5m whilst the 2.5/3 storey units have ridge
heights of approximately 9.5m, depending upon the slope of the site. Development will follow
the natural contours of the site stepping down the site respecting the property heights on
adjoining lands.
The scheme has been designed around the natural contours of the site and the landscaped
open spaces which are a direct response to accommodate the on site contours and constraints.
This has resulted in a lower housing density than would ordinarily be accommodated on a site
but will ultimately provide a greener, better place in which to live. The scale, massing, density
and appearance of the proposed scheme is light and will compliment the adjoining
developments.
2.23 Proposed Use & Quantity
The proposal is for a residential development of approximately (up to) 500 dwellings. They will
be predominately family housing with some flats and flats over garage. Bungalows will be
incorporated into the higher ground within Phase 3B to the south of the development.
This is an acceptable use proposal for the area given the existing residential setting and ‘local
centre’ on Chickerell Road at the Fiveways junction.
2.24 Appearance & Layout
The applicant is focused on creating high quality units, which are of an appropriate design, and
use materials which are appropriate to the location, whilst being aware of the local authorities
desire to ‘not create another Poundbury’.
Macro Concept
The scheme proposes to create areas of sometimes distinct and contrasting character thought
the development, in part achieved by variations in the streetscape/landscape and in part by
subtle variations in the form and appearance of the individual units or groups of housing units.
The streetscape will be constructed to incorporate traffic calming principles of short winding
sections of road linking formal, informal squares and open spaces each having their own shape
and size.
The presence of swale features and balancing ponds within the streetscape will provide
additional landscaping features and experiences. These character areas create visual identity
which may reinforce ownership values and aid the simple navigation of the site and will become
more apparent with the delivery of each future phase of housing across the overall site.
The surrounding varied residential developments are characteristic of era specific mass market
housing, an element this proposal reflects wth current housing for the general market.
Mezzo Concept
One character area may be different to its neighbours by the pre-dominant use of a single facing
material such as the same red brick along with other subtle variations. The treatment and form
of one square will be different from the next.
Feature buildings mark out prominent buildings on squares, vistas or important junctions or
transition points, for example on the route to the bridge or at the end of a terrace.
The feature buildings need not be overtly different from their neighbours but may simply have a
contrasting facing material such as render where its neighbours are brick, or alternatively the
feature may be marked by a variation in height or architectural style and or detail
Micro Concept
Individual units will also have their own character be it in the form of different facing materials
fenestration or simply the colour of the front door or the landscaping of the front garden in a
simple terrace. Character areas will become more apparent with future development phases
across the remainder of the site.
The scheme draws on a number of contributing factors including existing and proposed
landscape features, highways design and architectural built forms to generate a series of
spaces and experiences that help to make the scheme site specific with some unique features
in contrast to the character of the surrounding townscape.
The main palette of materials draws from the contextual palette, being red brick, white and
coloured render, and timber panels. A variety of tiled and slate roofs will be used throughout on
both gabled and hipped roofs with brick and rendered chimneys. Doors and windows and soffits
will be white, whilst both white and black rainwater goods will be used depending upon the
facing material used.
Brick detailing and arches will be used as a contrast with brick corbels and banding with
rendered facades. Entrances will be sheltered with lean to and tiled pitched canopies.
The site is currently very green and part of the proposal is to retain a green corridor through the
development by utilising open landscaped swales as the sustainable urban drainage scheme.
Cockles Lane forms an existing Green Route through the overall site. The intention is to develop
landscaping along and to each side of Cockles Lane inline with the master plan for the overall
site which seeks to keep Cockles Lane as an informal tree lined pedestrian and cycle route
through the site which will link with the landscaped primary north south route.
The site has some significant topography so the layout seeks to work with that topography to
create attractive vista’s, retain significant views, and provide active management of some of the
issues created by that landscape such as drainage. The layout is carefully constructed to not
only manage its own drainage requirements, but also allow better management of those created
by development upstream of the site.
2.25 Traffic Calming
A variety of tools will be incorporated into the layout design to directly control and reduce the
speed of vehicle throghout the development inline with the recommendations contained within
the DCC Highway Guidance for Estate Roads.
The main access road will wind through the sloping site naturally reducing traffic speeds.
Careful positioning of buildings reduces not only each length of highway but also limiting forward
visibility. Junctions will have reduced radii to lower the speed of vehicles, and squares are
shared surface speed tables with ramped approaches. The width of highways will be reduced in
width at a number of locations preventing two cars from passing thereby reducing traffic speed.
2.26 Highways, Materials & Adoption
All highways will be designed in consultation with DCC and the applicants design team.
The i-Transport Traffic Assessment shows Chickerell Road has capacity to accommodate the
housing proposed within Phase 1 whilst providing safe access and egress to the site, which has
been agreed in principle with Dorset County Council Highways.
The masterplan shows an indicative layout of highways and footpaths. All materials will be easy
to maintain, fit and safe for purpose, durable, sustainable and appropriate in character for the
development. This includes not only the hard landscaping but also the soft landscaping and
planting.
2.27 Green Routing
Linked to the principles of connection & integration is the development of green routes through
the site. The drainage requirements for the provisions of swales, and the existing tree lined
historic route (Cockles Lane) through the site permit the perfect opportunity to create a green
and connected environment which will provided by familiarity (through the integration of Cockles
lane), environmental benefits (through the introduction of native trees and plants – the previous
Elm population has been destroyed by disease), and manage flood risk, a wider issue for
Weymouth (through use of Swales as part of a wider drainage management programme to
reduce current problems further down stream, which may be reviewed in the final FRA). A
strategically planned and delivered network of high quality green spaces will provide a wide
range of benefits and multi functional resources.
2.28 SNCI
Although the SNCI does not form part of this application, a landscaped buffer zone will be
provided around the perimeter of the SNCI which will link to the larger POS provision, which
could include provision for dog walkers and information boards outlining the importance of the
site.
2.29 Wildlife
Badgers have been recorded across the entire site. Please refer to the report prepared by Julian
Brown Consultancy as part of this application. As a mitigation strategy, green wildlife corridors
will be incorporated to facilitate the existing movements of badgers and sett relocation where
required.
Bird and bat boxes will be provided within the fabric of new buildings where feasible, whilst
surface mounted boxes will be offered to all potential residents. Owl boxes are likely to form part
of the strategy if present on site - please refer to the Ecology report as submitted with this
application prepared by Fieldwork Ecology.
Street lighting along edges of public open spaces and any proposed along Cockles Lane will be
mostly low level pavement lighting or focussed beam street lighting to ensure bats continue to
use this habitat post development.
2.30 Landscape
The site has some significant topography so the layout will seek to work with that topography to
create attractive vista’s, retain significant views, and provide active management of some of the
issues created by that landscape such as drainage.
The layout will be carefully constructed to not only manage its own drainage requirements, but
also allow better management of those created by development upstream of the site.
2.31 Relatable Landscape Scale & Layout
The layout will focus on creating a residential environment of an appropriate scale, using streets
which focus on people not the car, with the ‘home zone’ type environment very much the focus.
The layout will seeks to reduce the visual and practical dominance of parking and connect
individual homes with public space.
The landscaping of the site will be focused around the green route and SUDS requirements of
the site, with a focus on the reinforcement of existing green routes such as Cockles Lane,
reinforcement of existing perimeter boundaries, integrating high quality swale design into the
streetscape, and place making around any public open space.
Very few trees are present on site (please refer to the Arboricultural Report which forms part of
this application) but replacement trees and shrubs will also provide further mitigation for any
removed to facilitate the development. Larger specimen trees will be planted within the squares
with smaller species linking these spaces along the primary highways. These will also provide
scale within the street scene along the green swales.
2.32 TPO’s & Boundary Planting
The Arboricultural survey and report which forms part of the application shows any trees
covered by Tree Preservation Orders are in a New Group TPO near the junction of Cockles
Lane and Roundhayes Close, to the northern boundary of Phase 2B. Most other trees on site
have been identified as being dead, dying or in poor condition.
Existing hedgerows to the perimeter of the site will be maintained and reinforced where
appropriate. Much planting is located on adjoining properties outside of the application site and
a piecemeal approach to reinforcement will be required as part of an on site undertaking.
The existing hedgerow along Lanehouse Rocks Road will be retained and maintained for its
entire length where feasible to screen the development. This will aid the concealment of parking
to the flats over the Shop unit. The hedge could be supplemented with larger specimen trees
which will be in keeping with the species type and scale of the existing adjoining trees and the
scale of the proposed junction.
2.33 Planting
Proposed new trees for the site will include native species fruit and flowering trees to add a
diverse range of planting and environments for residents to enjoy. Shrubs will be selected for
their contribution to wildlife enhancement and seasonal benefits, ensuring value for birds, bats
and wildlife. Properties fronting streets and paths will receive low level railings and evergreen
hedges providing defensible spaces to the fronts of properties. Shrub planting will be used
through the parking courts and secondary routes.
2.34 Ecology & Bio-Diversity
An ecological survey has been carried out by Fieldwork Ecology (which forms part of this
application ) reporting on mitigation requirements where required. Briefly, the ecology of the site
will be enhanced by the provision of new soft landscaping and planting schemes. An LPA
Environmental Impact Assessment Screening Opinion dated 18th July 2014 confirmed an EIA
Statement is not required for these works.
2.35 Balancing Ponds
Surface water run off will be managed utilising SUD’s methods such as balancing ponds, swales
and permeable paving. Although a SuDs mechanism, an option to explore the possibility of
ensuring the base of some balancing ponds are kept ‘permanently’ wet to provide improved biodiversity and development mitigation will be explored.
Whilst the ponds will be relatively shallow, the perimeter of each ponds will receive a variety of
deterrent treatments including thorny ‘defensible’ planting, low level timber fencing, gabion walls
and timber knee rails. Discreet timber information panels will be erected giving depth of water,
maximum slope of pond sides and types of wildlife expected.
Within future phasing it is expected any pond located within proximity of St.Augustines school
could be utilised as part of a schools bio-diversity programme with the DCC Ecologist and
Schools Improvement Team.
2.36 Swales
Landscaped swales are also proposed for the site employing the natural site contours as a
principal feature of the SUDS strategy.
The swales and balancing ponds are all part of the SUDS scheme and will be maintained by a
management company in perpetuity. Should Dorset County Council look to adopt these facilities
in the future, the applicant would look to work with them. The River and Flood Consultant
Engineers developed proposals following meetings with the Environment Agency and Dorset
County Council that support the FRA and SUDS works. The Landscaping component of these
areas will in turn have to be developed and agreed with DCC prior to adoption.
2.37 Access
External Approach
The applicant is committed to delivering accessible buildings and environments for as many
.footpaths. All public footpaths will be designed to be stepfree including across all foot bridges
with unobstructed sightlines.
Given the scale of the overall development each Phase will be designed and constructed in
accordance with the Building Regulations current at the time. Presently, Part M governs
‘Access’ within the Regulations to ensure inclusive design for disabled parties.
A new vehicular access off Lanehouse Rocks Road has been identified as a suitable access
point for vehicular movements into the application site. Although it has been demonstrated the
Chickerell Road access to Phase 1 could adequately support all phases of development
proposed with this application, the Lanehouse Rocks Road junction will alleviate any possible
pressure on the Chickerell Road and also Fiveways junctions.
A further vehicular access is proposed to the east off Markham Avenue which will serve a
development parcel. Pedestrian and cycle links from the same location will provide improved
links to the wider scheme.
The development also proposes to improve cross site permeability for sustainable transport
methods via new pedestrian and cycle routes to the East into Roundhayes Close, Markham
Avenue, and to the west onto Cockles Lane and Lanehouse Rocks Road. These are explored in
more detail by i-Transport in their documentation submitted with this application.
Vehicular routes across the site will comprise a hierarchy of primary and shared surface
secondary routes. We have undertaken detailed traffic assessments for the application site and
on this basis have developed junction designs that will facilitate appropriate levels of access and
support the vehicular movements generated by the site. Following consultation with Dorset
County Council Highways Team we are focusing on a pedestrian led scheme which facilitates
car movement and appropriate parking, but which does not allow them to dominate the highway.
This is particularly critical as the highway also incorporates many of the landscaping and
drainage feature elements that are so critical to both the functionality and character of the
emerging scheme.
The emerging scheme also seeks to integrate with the surrounding area by developing
pedestrian and cycle access points from surrounding development to facilitate through routes
and create opportunities to access facilities such as the school and public open space without
need to walk along busy vehicular routes.
Full access to all properties is provided for emergency services. At the Public Consultation, a
local undertaker also queried the same point given many developments are not accessible.
All highways and footpaths are to be designed and constructed with the Consultant team to
meet the criteria set out within Part M of the Building Regulations.
Internal Movement
All housing within the development will be designed and constructed to accommodate adequate
provision for wheelchair access and circulation and provision for future installation of stair lifts
and vertical passenger lifts in line with the Lifetime Homes criteria.
2.38 Transport Links & Amenities
The area is well served by schools, but feedback from the Public Consultation confirmed
schools were at their upper limit in terms of pupil numbers. Since the Consultation, we have
liaised with planning officers and Mr Ed Denham of DCC Children’s Services Premises Team to
discuss the expansion of St Augustines school which adjoins the site. As such, a parcel of land
has been incorporated into the indicative masterplan to allow for a school expansion programme
inline with that tabled by DCC in April 2014.
A large children’s playground exists to the west of Phase 1 to which a public right of way is
being provided. This pedestrian and cycle link will also provide access to the existing doctors
surgery on Ludlow Road. New pedestrian, cycle and vehicle links will also provide access to the
Tesco Express, petrol station and Wessex Pharmacy on Lanehouse Rocks Road. A chip shop
and tool hire centre are located near the Five Ways junction to the north of the site, with a
laundrette, dry cleaners and hairdressers some 350m to the west. Two pubs on Chickerell Road
are within approximately 600m of the site whilst the nearest post office is approximately 800m to
the east on Abbotsbury Road. Phase 1 will deliver a new convenience store run by a national
operator and a separate building will deliver a limited level of office space.
Major bus routes operate along both Chickerell and Lanehouse Rocks Road which reinforces
the sustainable nature of the site. The routes also provides links to employment areas including
Granby Industrial Estate and Portland. New landscaped public footpaths will be provided
through the development which deviate away from the highway edge providing a pleasant
pedestrian link to the major bus routes. To reduce car dependency further, all dwellings will be
provided with secure storage for bicycles.
2.39 Surveillance
Where parking courts are provided, adjoining properties will be designed to have windows
overlooking these areas to provide natural surveillance. Properties adjoining public footpaths
across the site will be orientated to face or have windows overlooking these areas.
2.40 Refuse Storage & Collection
As with Phase 1, it is proposed housing will be provided with storage areas suitable to cater for
the requirements of any ‘Dorset Waste Partnership’ scheme at the time. Highways will be
designed to an adoptable standard to permit access by a Local Authority refuse lorry.
2.41 Storage & Cycles
Housing will be designed to meet the appropriate level of Code for Sustainable Homes Level at
the time a detailed application is submitted. It is anticipated that the CfSH will be incorporated
into the Building Regulations as a matter of course within the next two years. Secure storage
will either be within garden sheds integrated with garden storage or within garages where
provided.
2.42 Parking
The site has good access to established public transport networks, will have new pedestrian
and cycle routes, is located close to areas of employment and a new proposed convenience
store, so it is anticipated that car ownership and use trends will be lower within this
development. Depending upon location, it is anticipated that several parking solutions will be
employed across the site.
Whilst some provision will be made for formal on street parking, the general highway widths will
permit a degree of informal on street parking. Many residential units will have parking within
curtilage either within garages/car-ports or located behind timber gates, whilst other units have
parking hidden in parking courts within the development. Street frontages on main access roads
will be largely kept free of parking so as to reduce the visual impact of cars.
2.43 Open Space
Pre Application meetings with the planning team confirmed a desire not to provide small areas
of open space and play, instead citing a preference for larger more significant areas of public
open space. It is proposed that these larger areas are located on lands to the south of the site
around the proposed Site of Nature Conservation Interest with future phase applications. Here,
the local authority are seeking this land be given over as a ‘Country Park’ in the emerging draft
local plan. However, there are a variety of significant open spaces included throughout the
development such as hard and soft landscaped shared surface squares, green landscaped
swales which run through the development, green/wetland attenuation ponds and a large
landscaped water meadow. Collectively these contribute to provide not only usable but visual
amenity. Whilst Phases 1A and 1B are provided with mullti functional usable public open space
in the form of the modified watercourse area, and there is the presence of the adjoining
playground facility on Ludlow Road, a Section 106 agreement may be required to satisfy
compliance with the POS provision. Please refer to the Planning Statement.
Public open space and pedestrian routes have been designed to be overlooked so as to provide
passive natural surveillance throughout the scheme. Streets are designed with houses fronting
them whilst further units are positioned in courtyard parking areas to provide further natural
surveillance in these more secluded areas.
All houses and flats over garages have private open spaces
2.44 Affordable Housing
Whilst the currently Local Plan requires provision of 30% affordable housing, we believe that the
emerging Local Plan should be afforded weight and on that basis are working to provide 35%
affordable housing in line with the requirements of the emerging plan. The final division of unit
size & ownership type will be agreed with the delivery of each phase of development.
2.45 Sustainability
The development aims to be both sustainable and highly energy efficient and we recognise that
the requirements of Code for Sustainable Homes will be required through both planning and
building regulations by the time these dwellings are built. Sustainable design and construction
will be implemented across the development, limiting the effects of and adapting to
climate change.
2.46 Community Benefits
Flood Relief
Through a carefully landscaped green swales and balancing ponds will control release of
surface water into the drainage infrastructure.
Community Services
Improved cross site access, access to new public open spaces within Curtis Fields, shorter
travel times for local residents living to the west into Weymouth.
Public Open Space
This application will open up private land to the public. Improvement of the open space will also
deliver ecological benefits, varied planting and bio-diversity.
Affordable Housing Supply
Mixed provision of affordable flats and housing of differing tenure.
Schools
Will permit new pedestrian and cycle links to St Augustines school, and land to enable the
school to expand in the future.
Market Housing Supply
A phased delivery of much needed market housing, giving a mix of quality low cost housing and
family units. Phased delivery offers the ability to adapt and meet changing market requirements
2.47 The applicants Planning Statement submitted by the agent outlines the following
Planning Policy basis which they consider supports the proposals:
1.0 INTRODUCTION
1.1 The applicants own land known as Curtis Fields at Markham and Little Francis, Weymouth.
This land, formerly known as May Farm was owned and farmed by the Curtis family. For many
years the owners and their predecessors have promoted the development of their land primarily
for residential purposes.
1.2 The land is close to the town centre and principal employment areas at Lynch lane and
Granby industrial estate. It has frontage to a principal road and a regular frequency bus route.
There are community facilities and public open space within walking distance. It is in planning
terms a highly sustainable location.
1.3 In the preparation of the review of the Weymouth and Portland Local Plan part of the site
was going to be allocated for residential development. Preparation of the plan was discontinued
in favour of a joint local plan with West Dorset. Much of the site was eventually identified for
residential development in a draft joint local plan.
1.4 The planning authority had limited the area for potential development reflecting the
registration of a Town Green. That registration was quashed by the Supreme Court. The latest
amendment to the draft joint local plan does not reflect the court’s judgement.
1.5 In March 2012 the Government published its National Planning Policy Framework which
introduced a Presumption in favour of development seeking to boost significantly the supply of
housing. Early in 2013 following a public consultation exercise the applicants made a hybrid
planning application, that is a part outline and part full application for 180 dwellings, offices and
a convenience store. Planning permission was granted on appeal in January 2014.
1.6 This proposal is made in outline for the remainder of the area which the applicants consider
suitable for residential development. The area of the site is different to that in the draft joint local
plan. It does however reflect the need for an extension to St Augustine’s school first identified
during public consultation.
1.7 The application has been the subject of extensive pre- application consultation with the
planning authority, highway authority and other agencies. It has also been informed by; a
Transport Impact Assessment, Landscape Visual Impact Assessment, flood risk
assessment, arboricultural, biodiversity, archaeological, and urban characterisation studies.
2.0 PROPOSAL
2.1 The application is made in outline with all matters of detail being reserved for future
approval. It is however supported and illustrated by a layout which demonstrates the scale of
development that can be achieved, together with open space, landscape mitigation, flood
prevention and means of access. It reserves an area of land for extension of St Augustine’s
school.
2.2 The proposal envisages the construction of approximately (up to) 500 dwellings in three
phases. The proposal envisages 350/0 of the dwellings will be affordable. The size and type of
affordable dwellings will be informed by the priority needs of the area identified by the council’s
housing enabling officer. Provision will be in accordance with a scheme to be approved by the
Ipa.
2.3 Access will be primarily from an extension to the access from Chickerell Road approved for
phase one of the development. A second access is proposed from Lanehouse Rocks Road, in
order to minimise the impact on the local highway network. The proposal envisages an area of
the site served from Markham Avenue. A financial contribution will be made towards highway
improvements in the surrounding area to mitigate the impacts of development.
2.4 The proposal envisages building upon the existing network of footpaths, providing new
footpaths and cycleways to encourage permeability and use of those modes of transport. A
green travel plan will be implemented to further encourage modes of transport other than the
private motor car including buses and car sharing.
2.5 Surface water run-off is to be controlled by a sustainable drainage system including swales
and holding ponds. The illustrative layout shows the strategic network of drainage works.
2.6 Strategic landscape planting is proposed to mitigate the impact of the development on both
short and long distance views of the site.
2.7 The area for extension of St. Augustines school has been identified in consultation with the
education authority.
2.8 The proposal envisages the provision of a Neighbourhood Equipped Area for Play (NEAP)
including a multi-use games area (MUGA), and a financial contribution towards the
improvement of facilities at The Marsh recreation ground.
3.0 CHANGES SINCE PHASE 1 CONSIDERED BY THE LOCAL PLANNING
AUTHORITY: Planning appeal decision for phase 1 (A&B)
3.1 In her decision the inspector found:“Taking account of the Framework imperative to boost significantly the supply of housing, it is
not considered that the housing requirement figure in the emerging LP can be relied upon to
meet the Council’s full objectively assessed needs for market and affordable housing………..
The Framework does not change the statutory status of the development plan. However
Paragraph 49 indicates that relevant policies for the supply of housing should not be considered
up-to-date if a five-year supply of deliverable sites cannot be demonstrated, as is the case here.
It seems to me that saved Policy D1 can fairly be described as a relevant supply policy because
the settlement boundaries were drawn to accommodate a particular amount of housing as
established in the Structure Plan for the period 1994-2011. This policy is therefore out-of-date
and outweighed by the provisions of the Framework……… Policies D1 and N12 are out-of-date
for the purposes of this appeal.”
3.2 With regard to Policy D2 she found:
“Whilst the effect on the lOG was raised, draft Policy WEY 10 envisages
that the function of a part of this area, which includes the appeal site,
could be lost for development...Whilst the proposal would be contrary to saved Policy D2 the
adverse impact on the open character of the gap would be limited and localised.”
3.3 The inspector also pointed out:“The appeal site is part of a larger area of land allocated for residential development and public
open space in draft Policy WEY 10 of the emerging local plan”
3.4 The Ipa had argued that “one of the provisions in the draft policy is that the site should be
developed in accordance with a master plan prepared in conjunction with the local community
and agreed by the Council. This is intended to achieve a comprehensive development, including
the delivery of the open space, which is shown to occupy the rising ground south and
east of Cockles Lane”
3.5 The inspector found :“However it is difficult to see how this could be raised as a criticism given that the Council has
raised no objection in terms of open space provision or landscape impact. “ and
“...there is a considerable difference between requiring the use of this private land to provide
landscape mitigation for the built development and requiring its use as public open space.
Whether the master plan will be able to achieve the latter remains to be seen. “
3.6 In this case the planning authority has asked for the provision of a NEAP within the
development and a financial contribution towards new/improved facilities at The Marsh. It has
become clear during pre- application consultation that the council has no plans for the area
identified as open space in policy WEY10 of the submitted plan.
Status of Joint local Plan
3.7 The West Dorset, Weymouth and Portland Pre-Submission draft Local Plan (as proposed to
be modified) together with the draft Community Infrastructure levy (CIL) charging schedules
were submitted to the Planning Inspectorate on the 24 June 2013
3.8 An exploratory meeting was called for by the Local Plan inspector. This took place on 22
January 2014.
3.9 The examination of the West Dorset, Weymouth and Portland Local Plan was formally
suspended for a period of six months from 17March 2014 in order to prepare additional
evidence on housing issues.
3.10 Following the suspension of the examination, work has progressed on providing the
additional evidence on housing. These amendments have been published for public
consultation.
3.11 Whilst the amendments propose an increase to the housing land requirement they fall
short of what respondents consider to be a full objective assessment of the need for market and
affordable housing (NPPF 47). Respondents have put forward various reasons for this.
The housing land requirement remains an unresolved issue.
3.12 Furthermore whilst increasing the requirement, the plan proposes no new allocations to
meet the additional identified need. The weight to be given to the housing policies in the joint
local plan remains limited.
Five Year Land Supply
3.13 At the time the local planning authority considered Phase 1 of the Curtis Fields
development proposal, it claimed that it could demonstrate a 5 year housing land supply.
3.14 Following the decision in respect of phase 1 the local planning authority has accepted that
it cannot demonstrate a 5 year housing land supply in accordance with the National Planning
Policy Framework and the national planning practice guidance.
3.15 In the above circumstance the NPPF paragraph 49 states:Relevant policies for the supply of housing should not be considered up-to-date if the local
planning authority cannot demonstrate a five-year supply of deliverable housing sites.
4.0 THE DEVELOPMENT PLAN
4.1 The NPPF states:“The National Planning Policy Framework does not change the statutory status of the
development plan as the starting point for decision making. Proposed development that accords
with an up-to-date Local Plan should be approved, and proposed development that conflicts
should be refused unless other material considerations indicate otherwise. It is highly desirable
that local planning authorities should have an up-to-date plan in place.”
4.2 Although in my opinion policies which affect the supply of housing should be accorded little
weight it is appropriate to have regard to them.
Weymouth and Portland Local Plan
4.3 The policies particularly highlighted by the local planning authority previously were:Policy D1 – Development Boundaries
Policy D2 – Important Open Gaps
Policy D3 – General Development Criteria
Policy B1 – General Design Criteria
Policy B2 – Trees
Policy B5 – Areas of Archaeological Potential
Policy N12 – Areas of Local Landscape Importance
Policy N16 – Sites of Nature Conservation Interest, Regionally Important Geological Sites and
Local Nature Reserve
Policy H7 – Affordable Housing.
Policy C10 – Open Space Requirements In New Residential Development
Policy T4 – Proposed Cycleways
Policy T5 – Cycle Parking
Policy T6 – Providing Safer Environments
Policy T17 – Parking Guidelines for Residential Development
Policy T19 – Developer Contributions
4.4 The previous application was a hybrid application being in part a full application (phase 1a)
and in part outline (phase 1b). Policies B1, B2, B5, D3, T4, T5 and T16 were relevant to phase
1a. Since this application is in outline only, they are of only limited interest. It is the applicants
intention that they would be complied with.
4.5 It is the applicants intension to provide a minimum of 35% affordable housing in accordance
with the priority needs of the area. This will be provided for by way of a Planning Obligation.
Policy H7 will therefore be satisfied.
4.6 For the reasons set out by the inspector following the appeal in respect of phase 1, policies
D1 and N 12 are out of date. That leaves policies D2, C10 and T19.
4.7 Saved Policy D2 includes a number of provisions that seek to preserve the open character
of the lOGs and the identity of the built-up areas that they separate. The inspector in the
previous appeal accepted that:“lOGs are designations that relate to settlement pattern”
4.8 She went on to say IOGs:“have specific functions unrelated to housing supply and whilst they may place limitations on
growth in certain places, that is not their primary purpose. “
And
“It is relevant that the appeal site is part of a larger area of land that has been allocated in the
emerging LP to meet future development needs. Paragraph 110 of the Framework encourages
local authorities to allocate land with the least environmental or amenity value when preparing
plans to meet development needs. The land in question currently serves to prevent coalescence
of two residential areas and also is valued for its landscape qualities. However the Council
clearly considers that as part of a larger site it would be appropriate for development. ...
In terms of adopted policy, the appeal proposal would result in built development within the
northern part of the lOG. It would be diminished at this point and lead to a degree of
coalescence on the southern side of Chickerell Road. Nevertheless the majority would be
unaffected, including the wider and more prominent swathe of land to the south that rises to
the ridge and connects to the countryside to the west.... Whilst the proposal would be contrary
to saved Policy D2 the adverse impact on the open character of the gap would be limited and
localised”.
4.9 The current proposal extends development further south into the designated lOG. Most of
the site is however still part of the proposed housing allocation in the emerging joint local plan. It
remains the case that the majority of the originally designated wider and more prominent swathe
of land rising to the ridge and connecting to the countryside to the west would be unaffected.
4.10 Part of the preparation of this application has included a detailed Landscape Visual Impact
Assessment not available for the previous application. This was carried out in recognition that
development would be extending up the slope, in order to objectively assess the impact with
and without mitigation. The conclusion is that the adverse impact would still be limited and
localised and not be so significant as to outweigh the benefits of granting consent.
4.11 Saved Policy C10 requires the provision and maintenance of 45 sq.m of open space for
recreational use. The applicants were informed that for a development of this scale it would be
appropriate to provide a Neighbourhood Equipped Area for play (NEAP) including a Multi Use
Games Area (MUGA). This area would be approximately 0.1 hectare. The Ipa have requested a
financial contribution to improvements at The Marsh Recreation ground which will increase
capacity and quality of facilities, in preference to an isolated facility which would not be as
efficient to maintain and service. The applicant has agreed to this request and it will be provided
for in the Planning Obligation.
4.12 Policy T19 seeks developer contributions the provision of necessary measures which are
fairly and reasonably related in scale and kind to the proposed development. The applicants
commissioned a Transport Impact Assessment to assess the likely impact of the proposed
development on the transport network. The area around the application site is well served
by public transport and the proposals envisage on site infrastructure which will assist
permeability within and through the site for pedestrians and cyclists. Nevertheless the TIA has
identified some impacts on the transport network. The applicant will administer a Green Travel
Plan to encourage modes of transport other than the private car and will make a contribution
towards highways improvements in the locality. Policy T19 will be satisfied.
Joint West Dorset, Weymouth and Portland Local Plan
4.13 The recently publicised amendments to the joint local plan include a significant increase in
the housing land requirement over a shorter plan period. The increase is not sufficient in the
applicants opinion, and remains in contention. Even adopting the requirement now proposed by
the two authorities there will be a shortfall in the supply of housing land to meet that shortfall,
which also takes no account of the shortfall in adjoining local authority / Housing Market
areas.
4.14 The modifications propose no new housing allocations relying in part on a higher level of
development in the town centre of Weymouth. The application proposals will make a significant
contribution towards meeting the full objectively assessed needs for market and
affordable housing in the HMA.
4.15 The following specific policies apply:Policy ENV2 – Wildlife and Habitat
4.16 This seeks to “conserve or enhance biodiversity”. The applicants commissioned a
biodiversity report and have produced a mitigation plan. A site of local interest (SNCI) lies
outside the site and will be maintained by the applicants. Within the site there are species and
habitats which require management and these are set out in the mitigation report.
Policy ENV4 – Heritage Assets
4.17 This seeks to “respect, protect or enhance the significance and setting of heritage assets”
There are no listed buildings or conservation areas within or adjoining the application site. The
archaeological potential has been examined. The report does not identify any potential
significant impacts.
Policy ENV10- The Landscape and Townscape Setting
4.18 This policy requires that “All development proposals should contribute positively to the
maintenance and enhancement of local identity and distinctiveness...”. The applicants recognise
that the rising land to the south is visible over a wider area and have commissioned a
Landscape Visual Impact Assessment with proposals for mitigation of visual impact as
appropriate. The findings of the LVIA have been taken into account in seeking to determine site
boundaries and in establishing a pattern of development which satisfies the policy to mitigate
the potential for visual impact. This is reflected in the site boundaries and the illustrative
proposals.
Policy ENV 15 – Efficient and Appropriate Use of Land
4.19 Development should optimise the potential of the site and make efficient use of land...”
This policy does not require the applicant to maximise the development potential to the
exclusion of all other issues. This proposal seeks to balance the competing needs identified in
the other policies. Nevertheless there is a undeniable requirement to boost significantly the
supply of housing in a sustainable manner. The land in question is not inherently of high
agricultural, nature conservation or landscape quality. It has no national designations and is
close to the town centre, places of employment, and other facilities which indicate a sustainable
location. It would not be an efficient use of the land for it to remain undeveloped. The
uses proposed are appropriate in this sustainable location.
Policy SUS1 – The Level of Economic and Housing Growth
4.20 In its submitted form the joint local plan provides “............Housing land to accommodate in
the region of 617 dwellings a year in the Plan area from 2011-2021 and between 617 and 705
dwellings a year from 2021 to 2031....this should comprise...at least 146 dwellings every year in
Weymouth and Portland from 2011 to 2021 and at least 146 to 176 dwellings every year from
2021 to 2031.....” In a recently published consultation document the planning authorities
propose to modify this policy to require “775 per annum across the plan area, and update
accompanying text to explain reasons”. Whilst the applicant does not accept this results from a
“FULL” objective assessment of the need for market and affordable housing it nevertheless
requires the development of the whole of the applicants land if this policy is to be achieved in
the most sustainable locations.
Policy SUS2 – Distribution of Development
4.21 There is no proposed change to this policy which requires that:“Development will be distributed according to the following settlement hierarchy, with a greater
proportion of development at the larger and more sustainable settlements.
- The main towns of Dorchester and Weymouth (of which Chickerell and parts of Littlemoor form
outlying parts) will be the highest priority locations for new development.” The proposal is
entirely consistent with this policy.
Policy HOUS1 – Affordable Housing
4.22 The policy in the emerging plan is seeking a contribution of 35% affordable housing in new
developments. This application is consistent with the policy.
COM 1. Making sure new development makes suitable provision for
Community Infrastructure
4.23 This policy requires that:“Where new development will generate a need for new or improved community infrastructure,
and this need is not met through the Community Infrastructure Levy, suitable provision should
be made on-site in larger developments or, if not practicable to do so, by means of a financial
contribution. The provision should be appropriate to the scale and needs of the development
having regard to:
- existing facilities in the area, including the quantity and quality of
provision
- the economic viability and the need for the development.
- the ongoing maintenance requirements. “
4.24 The preamble makes it clear that this policy includes public open space and recreation. I
have set out above the applicants proposals in this. Respect. The Ipa has not asked for any
contributions to any other community facilities.
Policy COM7 – Creating a Safe and Efficient Transport Network
4.25 “Development that generates significant movement should be located where the need to
travel will be minimised and the use of sustainable transport modes including public transport,
walking and cycling can be maximised.
ii) Development should be located where the volume of traffic likely to be generated can be
accommodated on the local highway network without causing road safety problems or
exacerbating community severance.... “
I cannot conceive a more sustainable location outside the town centre.
Policy WEY10 – Land at Markham and Little Francis
4.26 This Policy states:“(i) Land at Markham and Little Francis as shown on the Proposals Map is allocated for
residential development and public open space and may include an element of employment use
appropriate to a residential neighbourhood.
(ii) Rising land to the south of Cockles Lane and the ridge further south will remain undeveloped
and be managed as public open space for the long term benefit of the local community and to
protect and enhance its nature conservation interest to become a designated
Local Greenspace.
(iii) In order to address sustainable development issues the site should be developed in
accordance with the Masterplan prepared in conjunction with the local community and agreed
by Weymouth and Portland Borough Council. The Masterplan will need to be subject to a
Sustainability Assessment such as a BREEAM Communities Assessment carried out by a
suitably qualified assessor. The Masterplan should ensure that:-....”
- the design and layout relates positively to the surrounding area and does not have an adverse
impact on the amenity of surrounding properties
- the hedgerow and streams through the site will be are maintained and enhanced where
possible and provision for their future retention and management put in place where practicable
and
- there is adequate provision is made for surface water run-off and due consideration of flood
risk elsewhere good links to the wider footpath and cycle network are provided through the site
- the development will deliver highway improvements necessary for the development to go
ahead
- an area of the site is reserved for the expansion of St Augustines School
- the development is appropriately phased.
4.27 The Area of registration was quashed by the Supreme Court. The justification for the
reduction no longer exists. Originally there was no proposal by the Ipa to extend the school site.
The applicants responded to community involvement and following talks with the education
authority an area of land has been set aside for a school extension. The applicants
consider a second access onto Lanehouse Rocks Road to be desirable in terms of highways
impact and emergency access. It makes more efficient use of the land to access some housing
off the second main access. A “gap” albeit smaller is maintained.
4.28 A swathe of land up to the ridge is excluded from development. The site of nature
conservation interest is excluded from development. The illustrative layout indicates a buffer
between development and the SNCI.
4.29 The inspector on the previous appeal commented on the Ipa’s concern that
the proposal did not follow a Master Plan approved by the Ipa.:“The Council considers the appeal scheme is piecemeal in nature, which it is insofar as it does
not address the whole of the land allocated under draft Policy WEY 10. On the other hand it
would not be prejudicial to that draft policy in terms of land uses because the appeal site is
within the part of the larger area of land allocated for new housing. Plans have been drawn up to
show that it would not prevent further housing on land to the south. There is no convincing
evidence that access or infrastructure arrangements would be compromised”
4.30 It is accepted that this proposal envisages the development of rather more land than
currently allocated in the emerging local plan. However it does envisage a comprehensive
development. Access and infrastructure are not compromised. It would deliver a significant
amount of the required housing in the plan in a sustainable manner, without compromising the
other objectives of the plan.
4.31 The policy envisages a Master Plan which is subject to sustainability assessment. The
previous inspector commented:“Draft Policy WEY 10 refers to the master plan being subject to a sustainability assessment,
such as a BREEAM Communities Assessment, and community involvement. These provisions
have not been complied with in terms of the preparation of the application plans. Nevertheless a
public consultation exercise was undertaken prior to the submission of the planning application
and the public have had the opportunity to participate both at application and appeal stage. In
addition the proposal was accompanied by a BREAM pre-assessment and a Code for
Sustainable Homes pre-assessment. It is proposed that all dwellings would be constructed to
Code Level 4 and this could be controlled through a planning condition. It is interesting to note
that the master plan prepared by the Council as background to the emerging LP is remarkably
similar in
form and layout to the indicative plan provided with the application showing how Phases 1A and
1B could fit into a wider development of the land allocated under draft Policy WEY 10.”
4.32 The public consultation referred to was in respect of the master plan whole area prepared
for the applicants. It has been subject to rigorous examination in terms of transportation,
landscape, biodiversity, flood risk, heritage community facilities. The same standards will apply
as applied to phases 1A and 1B.
5.0 OTHER MATERIAL CONSIDERATIONS
The National Planning Policy Framework
5.1 I have already referred several times to the NPPF in this statement and only have a few
additional paragraphs which ought to be mentioned.
5.2 Paragraph 13 refers to the status of the NPPF as “guidance for local planning authorities
and decision-takers both in drawing up plans and as a material consideration in determining
applications”.
5.3 Paragraph 14 is of particular significance and states:“At the heart of the National Planning Policy Framework is a presumption in favour of
sustainable development, which should be seen as a golden thread running through both planmaking and decision-taking.
....
For decision-taking this means:
.. approving development proposals that accord with the development plan without delay; and
.. where the development plan is absent, silent or relevant policies are out-of-date, granting
permission unless:
--any adverse impacts of doing so would significantly and demonstrably outweigh the benefits,
when assessed against the policies in this Framework taken as a whole; or
--specific policies in this Framework indicate development should be restricted. 9”
5.4 Footnote 9 states “For example, those policies relating to sites protected under the Birds
and Habitats Directives (see paragraph 119) and/or designated as Sites of Special Scientific
Interest; land designated as Green Belt, Local Green Space, an Area of Outstanding Natural
Beauty, Heritage Coast or within a National Park (or the Broads Authority); designated
heritage assets; and locations at risk of flooding or coastal erosion.
5.5 The application site is not affected by any such specific policies.
Adverse Impacts
5.6 The adverse impacts appear to be:· The area of land for housing is more than shown in the emerging local plan.
· The area of open space shown in WEY 10 is less. That open space is currently of limited
benefit to local residents. Public rights of way will be retained. Other access is currently
permissive.
· The development will have some visual impact in the landscape. The impact will be mitigated
by strategic landscape planting.
· The development will generate more traffic in the area. This will be mitigated by highways
improvements and a green travel plan.
· There will be some disturbance of wildlife. This will be mitigated by translocation of affected
species, the provision of nesting sites, and the delivery of a green infrastructure.
· It will pre-empt a decision in the local plan about the level of development in this locality. There
is not sufficient provision in the emerging local plan to meet the identified needs of the HMA.
The additional level of provision is not so great as to impact adversely on decisions about the
scale and location of development.
Benefits Arising
5.7 The benefits arising appear to be:· The proposal will deliver more housing helping to satisfy the identified need.
· The proposal will deliver much needed affordable housing in an area where the established
need is unlikely to be met by current and emerging local plans.
· The proposal will create employment over a significant period. A development of this type will
typically deliver direct and indirect jobs for 100-120 people per annum.
· The proposal will deliver New Homes Bonus to the local authority to be spent on local
infrastructure.
· The proposal will bring greater spending power to the local economy, benefitting existing
businesses.
· It will increase the labour force in the area and encourage new employment development in
the area.
· The proposal will enable the provision of more primary education places.
It will provide funding to enable the enhancement of recreation facilities. The NEAP/MUGA will
be available to existing local residents as well as new residents.
The proposal will create additional pedestrian and cycle route through the development
enhancing access by existing local residents to the town centre, places of employment and
recreation facilities.
5.8 The NPPF identifies three dimensions to sustainable development: economic, social and
environmental. These dimensions give rise to the need for the planning system to perform a
number of roles:
.. an economic role – contributing to building a strong, responsive and competitive economy, by
ensuring that sufficient land of the right type is available in the right places and at the right
time to support growth and innovation; and by identifying and coordinating development
requirements, including the provision of infrastructure;
.. a social role – supporting strong, 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
support its health, social and cultural well-being; and
.. an environmental role – contributing to protecting and enhancing our natural, built and historic
environment; and, as part of this, helping to improve biodiversity, use natural resources
prudently, minimise waste and pollution, and mitigate and adapt to climate change including
moving to a low carbon economy.
5.9 It seems to me that so far as the economic dimension is concerned this application results in
a significant benefit, without any adverse impact. So far as the social dimension is concerned
there are significant benefits in terms of housing, particularly affordable housing, jobs and
community facilities. At a purely site development level the impacts and benefits are more
evenly balanced so far as the environmental dimension is concerned. The site is not of high
environmental value. There will be some visual impacts in terms of the wider landscape but
equally the environment of the new development will be of a high standard. There will be a
change in biodiversity but not one which is necessarily negative. Homes will be provided to high
standards of sustainability reducing energy consumption. In the wider town level development of
housing at this location has significant environmental advantages over possible development on
many alternative sites identified in the emerging local plan or the Strategic Housing Land
Availability Assessment.
5.10 Overall I consider that the adverse impacts of this proposal will not significantly and
demonstrably outweigh the benefits. In my opinion the opposite is the case.
3. RELEVANT PLANNING HISTORY
Application No.
WP/12/00907/OUT
Proposal
Hybrid application for the
demolition of existing
derelict farm buildings,
formation of new vehicular
and pedestrian access off
Chickerell Road, new
pedestrian and cycle
access to the east through
to Westdowne Close and to
the west into Ludlow Road
play area, a Class A1 retail
unit (convenience store
circa 372sqm) with 7 flats
over, a Class B1
commercial unit (office
circa 196sqm) with 12 flats
over, 64 residential dwelling
units, relocation of existing
inbound traffic bus stop on
Chickerell Road, formation
of a pump station and
drainage to existing sewer
connection point to the
south east corner of overall
site, alteration to existing
ordinary watercourse
including landscaping
works together with
associated highways,
parking and landscaping
works (Phase 1A full
planning permission); 97
residential dwelling units,
Decision
Refused but allowed on
Appeal
associated highways,
parking and landscaping
(Phase 1B outline planning
permission with all matters
reserved)
App no
WP/15/00058/RES
A reserved matters
application for the ‘layout’,
‘scale’, ‘appearance,
‘access’, and ‘landscaping’
of phase 1B has been
submitted and is under
consideration
Pending
4. POLICY CONSIDERATIONS
4.1
Weymouth & Portland Local Plan (2005)
The adopted Weymouth and Portland Local Plan sets out detailed policies for the
promotion and control of development and use of land within the Borough up to the year
2011. It however remains the statutory ‘development plan’.
The following Policies are applicable:
Policy D1
Development Boundaries
Within development boundaries residential, employment and other development to meet
the needs of the local area may be permitted. Outside development boundaries
development will be restricted to the following:
(i)
development essential to the use of land for agriculture, forestry or horticulture in
accordance with policy N22;
(ii)
alterations and extensions to dwellings subject to policies D3 and H8;
(iii)
conversion of suitable buildings to uses appropriate to the area in accordance
with local plan policy N10;
(iv)
the rebuilding or replacement of existing dwellings with equivalent sized
dwellings on a one for one basis;
(v)
proposals for farm diversification and stables in accordance with policies N23
and N24;
tourism and recreational development of camping and caravan sites in accordance with
policies TO16 and TO18;
open air sporting or recreation facilities that do not have an adverse impact on the local
environment or amenity of residents;
development provided for by other specific policies in this plan.
(ix)
proposals for the generation of renewable energy from wind, hydro or tidal
resources in accordance with policy D4
Policy D2
Important Open Gaps
Developments in Important Open Gaps will only be permitted where:
(i)
the development would be designed and sited so as not to be visually intrusive;
(ii)
the proposal, either individually or cumulatively with other proposals, does not
significantly harm the open character of the gap;
(iii)
the setting, individual character and identity of built up areas adjoining the gap is
maintained;
(iv)
the proposal would not lead to the coalescence of development within or across
the gap.
Policy D3
General Development Criteria
Proposals for development will be determined in accordance with the following criteria:
(i)
buildings and spaces should respect those features that contribute to "local
distinctiveness" and the character of the area;
(ii)
designs and layouts should be safe, take account of crime prevention and
community safety issues and, where possible, be accessible by persons with a
disability;
(iii)
proposals should not be detrimental to the environment by virtue of noise,
smoke, fumes, dust or other emissions;
(iv)
existing landscape, townscape, riverine, coastal, nature conservation, and other
environmental features, including linear and stepping stone features that penetrate built
up areas or link consolidated open areas, and the best and most versatile agricultural
land should be respected for their intrinsic value and retained, protected or enhanced
where possible;
(v)
proposals should help to "green" the residential environment by assisting
sustainable drainage, contributing to biodiversity, promoting energy efficiency in layout
and design and creating more opportunities for retaining and planting trees in the
borough;
(vi)
proposals should not have a seriously detrimental impact on the privacy and
amenity of existing occupiers and new occupiers;
(vii) design and layouts should focus on the quality of places and living environments,
and give priority to pedestrians rather than the moving and parking of vehicles;
access, parking, open space where appropriate, and other services should be provided
in accordance with the policies in this plan;
new development should not pose a risk to highway safety.
Policy B1
General Design Criteria
Development will only be permitted where the siting, design, scale, and mass are in
character with the surrounding area, or, where appropriate, provide an architectural
statement of the highest quality. All applications will be determined in accordance with
the following criteria:
(i)
proposals should help to create layouts of buildings and spaces with a clear
identity (eg. Streets and Squares), having regard to the urban form of the area and
relationship with adjoining buildings;
(ii)
individual buildings and groups of buildings should be designed with respect for
their rural or urban context, and where it is beneficial to the design quality of the locality,
they should reinforce the local distinctiveness of the area. Where proposals are for key
urban locations e.g. significant corner sites, termination of vistas, or stand alone in the
landscape or townscape, they will be permitted only when architectural excellence is
achieved;
(iii)
existing topographical landscape and wildlife features, including existing trees,
woodland hedgerows, ponds and watercourses should be incorporated into site layouts
or, where appropriate, replaced in accordance with policies B2 and N19;
development should include hard and/or soft landscaping proposals which should
supplement existing features;
the proposed development should not result in the loss of open space which is
important to the setting of existing buildings in the vicinity.
Extensions and alterations to existing buildings should be in keeping with the existing
building and reflect the position and scale of neighbouring buildings.
Policy B2
Trees
Development proposals which have an impact on trees which make a contribution to
local amenity will be permitted only where:
(i)
the trees are conserved on-site by the layout and design of the development and
appropriate protection and maintenance, or;
(ii)
if the loss of trees is unavoidable, replacement trees of equivalent landscape,
amenity & wildlife value should be planted and maintained.
Policy B5
Areas of Archaeological Potential
Where development involves land within Areas of Archaeological Potential defined on
the Proposals Map, the Borough Council will require that the impacts of the proposals
on the site's archaeological importance are examined and evaluated and the results
presented prior to, or as part of, the planning application.
Policy N12 Areas of Local Landscape Importance
Development in an Area of Local Landscape Importance (ALLI) will be permitted only
where it causes no significant harm to the intrinsic landscape quality of the area. Any
development that is permitted shall be sited and designed so as to minimise the impact
on that landscape
Policy N16 Sites of Nature Conservation Interest, Regionally Important
Geological Sites and Local Nature Reserves
Developments likely to have an adverse impact on a Site of Nature Conservation
Interest Regionally Important Geological Site, or Local Nature Reserve will not be
permitted unless the reasons for the development clearly outweigh the harm to the
substantive nature conservation value / geological interest of the site
Policy H7
Affordable Housing
The Borough Council will seek to achieve by negotiation an average of at least 30% of
affordable housing on housing schemes, including conversions, of 9 units (or 0.3ha) or
more, subject to consideration of any extraordinary development costs required to bring
the site forward.
On-site provision will be sought, except in exceptional cases where on site provision
would not meet local needs, when direct provision off-site, or a financial contribution
sufficient to cover the cost of providing the appropriate number of units off-site, will be
sought.
Policy C9
Local & Proposed Open Space
Local Open Space will remain open and protected from development. Only
development that is ancillary to the recreational and amenity value of the designated
area will be permitted within Local Open Space.
Policy C10 Open Space Requirements In New Residential Development
Residential development of 9 or more dwellings, including conversions, will be expected
to provide and ensure the future maintenance of 45 sq m of open space for recreational
use per dwelling.
The type of space provided should be appropriate to the needs of the development,
having regard to the availability of different types of open space in the immediate area.
Where on site provision is contrary to the design requirements of policies D3 & B1, an
adequate commuted financial contribution for off-site provision will be acceptable
Policy C14 Recycling Centres
The Borough Council will, where appropriate, seek to enter into a Planning Agreement
with developers, which will secure the provision of facilities for collecting recyclable
materials in conjunction with new residential or other appropriate development.
Policy C15 Planning Obligations for Community Facilities
Where development would place a significant and unacceptable demand on the existing
local social infrastructure it will not be approved unless by negotiation it is agreed to
make appropriate provision commensurate with the additional needs the development
would generate. Where the necessary can not be made as part of the development, a
financial contribution in lieu thereof may be acceptable. This would be used to help fund
additional community facility provision that is within an identified programme and would
serve the needs of the development.
Policy T4
Proposed Cycleways
Land is identified for new or improved cycleways as shown on the Proposals Map.
Where development proposals will impact on route provision or alignment, an
appropriate link through the development site will be required.
New highway schemes should make full provision for both cycle lanes adjacent to, but
physically separated from, the carriageway, and safe cycle crossing facilities at
junctions and where cycle routes cross new highways
Policy T5
Cycle Parking
Secure cycle parking facilities should be provided within residential flat development,
including conversions, and for residential development where suitable private storage is
not provided, of 4 units or more at a ratio of one cycle space per 2 dwelling units.
Where a development that, by virtue of the property’s occupants, will generate low
levels of demand for cycle parking, flexible levels of provision commensurate with
projected demand will be acceptable.
Secure cycle parking facilities should be provided for non-residential uses in
accordance with the Council's parking guidelines
Policy T6
Providing Safer Environments
Proposals for accesses and roads serving new development should be designed to be
visually attractive, to meet the requirements of all road users, and minimise vehicle
speed and the risk of accidents, particularly to pedestrians and cyclists
Policy T17 Parking Guidelines for Residential Development
Parking provision for all new residential development (including conversions and
extensions) will need to be provided to a level that will overcome potential congestion or
amenity concerns whilst also being in accordance with the maximum parking guidelines
set out in Appendix 5. Lower levels of parking provision for residential development will
be appropriate in the following circumstances:
(i)
where services are easily accessible by walking, cycling or public transport;
(ii)
for property types that are typically occupied by low car owning/using households
or where occupancy is restricted to the elderly, students and other groups where
demand for parking is likely to be less;
(iii)
for conversion or subdivision of housing, or the conversion of non-residential
buildings to residential use where off-street parking cannot be successfully designed
into the scheme and adequate on street parking resources are available.
Policy T18 Parking Guidelines for Non Residential Development
Parking for non residential developments will need to be provided to a level that will
overcome potential congestion or amenity concerns whilst also being in accordance
with the maximum level guidelines indicated in Appendix 5. Lower levels of nonoperational parking provision may be appropriate dependent on the circumstances in
that area and accessibility of the site in terms of:
(i)
(ii)
(iii)
public transport, cycle and walking access;
proximity to residential areas;
availability of public car parking
Policy T19
Developer Contributions
Where major developments are proposed and these are not already effectively served
by existing public transport, cycling and pedestrian provision the Council will seek to
enter into a planning obligation or other legal agreement with developers to provide for
either direct provision or a financial contribution towards the provision of the necessary
measures, which are fairly and reasonably related in scale and kind to the proposed
development
4.4
The Joint W&PBC/WDDC Emerging Local Plan
Para 216 of the NPPF states:
From the day of publication of the NPPF, decision-takers may also give weight (unless
other material considerations indicate otherwise) to relevant policies in emerging plans
according to:
-
-
the stage of preparation of the emerging plan (the more advanced the
preparation, the greater the weight that may be given);
the extent to which there are unresolved objections to relevant policies (the less
significant the unresolved objections, the greater the weight that may be given);
and
the degree of consistency of the relevant policies in the emerging plan to the
policies in this Framework (the closer the policies in the emerging plan to the
policies in the Framework, the greater the weight that may be given)”.
As far as Emerging Plans are concerned, the Council along with West Dorset District
Council has produced a Draft Joint Local Plan which was the subject of public
consultation in the summer/autumn of 2012. The application site goes beyond the
WEY10 allocated housing site but this has also received ‘objections’. As such although
the Plan has had a preliminary examination (Nov/Dec 2014) by a Government
appointed Planning Inspector his recommendation that the allocation forms part of the
‘adopted plan’ remains unknown. While the proposed allocation in the draft Local Plan
carries limited weight the Adopted Local Plan and NPPF remain the prime Planning
Policy considerations.
ENV1 - Landscape, Seascape And Sites Of Geological Interest
ENV2 - Wildlife Habitats
ENV 4 - Built Heritage and Archaeological Remains
ENV 5 – Flood Risk
ENV 11 – The Landscape and Townscape Setting
ENV 12 – The Pattern of Streets and Spaces
ENV 13 – The Design and Positioning of Buildings
ENV 15 – Efficient and Appropriate Use of Land
ENV 16 - Amenity
SUS 1 – The Level of Economic and Housing Growth
SUS 2 – Distribution of Development
HOUS 1 – Affordable Housing (currently suspended)
HOUS 3 – Open market Housing Mix
HOUS 7 – Development of Flats, Hostels and Houses in Multiple Occupation
COM 1 – Making sure New Development makes Suitable Provision for Community
Infrastructure
COM 4 New or Improved Local recreation facilities
COM 7 – Creating a Safe and Efficient Transport Network
COM 9 – Parking Standards in New Development
COM 10 – The Provision of Utilities Service Infrastructure
WEY 10 – Land at Markham & Little Francis
4.5
National Planning Policy Framework
The NPPF, which was published in March 2012, sets out the Government’s planning
policies for England and how these are expected to be applied. Paragraphs 214 and
215 of the document address the relationship between the NPPF and existing
development plan policies :
Para 214 states:
For 12 months from the day of publication, decision-takers may
continue to give full weight to relevant policies adopted since 2004 even if there is a
limited degree of conflict with this Framework.
215 In other cases and following this 12-month period, due weight should be given to
relevant policies in existing plans according to their degree of consistency with this
framework (the closer the policies in the plan to the policies in the Framework, the
greater the weight that may be given).
The reference to 2004 in paragraph 214 means development plan documents adopted
in accordance with the Planning and Compulsory Purchase Act 2004.
Although the Weymouth and Portland Local Plan was adopted in 2005, it was not done
so in accordance with the Planning and Compulsory Purchase Act and so the provisions
in paragraph 214 do not apply: i.e. the Local Plan policies have not been automatically
‘saved’ for 12 months from March 2012. Therefore, in accordance with paragraph 215,
we need to test the consistency of each policy with the NPPF.
The NPPF also introduces a “presumption in favour of sustainable development”, which
it refers to as a “golden thread” running through both plan-making and decision-taking.
The determination of this planning application is about “decision-taking” and in that
context the NPPF (Para 14) defines this presumption as:
 Approving development proposals that accord with the development plan without
delay; and
 Where the development plan is absent, silent, or relevant policies are out-of-date,
granting permission unless:
 Any adverse impacts of doing so would significantly and demonstrably outweigh
the benefits, when assessed against the policies in this Framework taken as a
whole; or
 Specific policies in this Framework indicate development should be restricted
The NPPF has 12 ‘Core planning principles’ that underpin both plan-making and
decision-taking. These 12 principles are that planning should:











be genuinely plan-led (my emphasis underlined), empowering local people to
shape their surroundings, with succinct local and neighbourhood plans setting
out a positive vision for the future of the area. Plans should be kept up-to-date,
and be based on joint working and co-operation to address larger than local
issues. They should provide a practical framework within which decisions on
planning applications can be made with a high degree of predictability and
efficiency;
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;
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;
support the transition to a low carbon future in a changing climate, taking full
account of flood risk and coastal change, and encourage the reuse of existing
resources, including conversion of existing buildings, and encourage the use of
renewable resources (for example, by the development of renewable energy);
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;
encourage the effective use of land by reusing land that has been previously
developed (brownfield land), provided that it is not of high environmental value;
promote mixed use developments, and encourage multiple benefits from the use
of land in urban and rural areas, recognising that some open land can perform
many functions (such as for wildlife, recreation, flood risk mitigation, carbon
storage, or food production);
conserve heritage assets in a manner appropriate to their significance, so that
they can be enjoyed for their contribution to the quality of life of this and future
generations;
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

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
The following sections are also applicable to this application:
Section 1. Building a strong, competitive economy
Section 4. Promoting sustainable transport
Section 6. Delivering a wide choice of high quality homes
Section 7. Requiring good design
Section 8. Promoting healthy communities
Section 10. Meeting the challenge of climate change, flooding and coastal change
Section 11. Conserving and enhancing the natural environment
Section 12. Conserving and enhancing the historic environment
Para 47 states. To boost significantly the supply of housing, local planning authorities
should:
●●use their evidence base to ensure that their Local Plan meets the full, objectively
assessed needs for market and affordable housing in the housing market area, as far as
is consistent with the policies set out in this Framework, including identifying key sites
which are critical to the delivery of the housing strategy over the plan period;
●●identify and update annually a supply of specific deliverable sites sufficient to provide
five years worth of housing against their housing requirements with an additional buffer
of 5% (moved forward from later in the plan period) to ensure choice and competition in
the market for land. Where there has been a record of persistent under delivery of
housing, local planning authorities should increase the buffer to 20% (moved forward
from later in the plan period) to provide a realistic prospect of achieving the planned
supply and to ensure choice and competition in the market for land;
●●identify a supply of specific, developable sites or broad locations for growth, for years
6-10 and, where possible, for years 11-15
●for market and affordable housing, illustrate the expected rate of housing delivery
through a housing trajectory for the plan period and set out a housing implementation
strategy for the full range of housing describing how they will maintain delivery of a fiveyear supply of housing land to meet their housing target; and
●●set out their own approach to housing density to reflect local circumstances.
Para 48. Local planning authorities may make an allowance for windfall sites in the fiveyear supply if they have compelling evidence that such sites have consistently become
available in the local area and will continue to provide a reliable source of supply. Any
allowance should be realistic having regard to the Strategic Housing Land Availability
Assessment, historic windfall delivery rates and expected future trends, and should not
include residential gardens.
Para 49 Housing applications should be considered in the context of the presumption in
favour of sustainable development. Relevant policies for the supply of housing should
not be considered up-to-date if the local planning authority cannot demonstrate a fiveyear supply of deliverable housing sites.
Decision Taking
In terms of decision taking it states;
Para 186. Local planning authorities should approach decision-taking in a positive way
to foster the delivery of sustainable development. The relationship between decisiontaking and plan-making should be seamless, translating plans into high quality
development on the ground.
Para 187. Local planning authorities should look for solutions rather than problems, and
decision-takers at every level should seek to approve applications for sustainable
development where possible. Local planning authorities should work proactively with
applicants to secure developments that improve the economic, social and
environmental conditions of the area.
Para 188. Early engagement has significant potential to improve the efficiency and
effectiveness of the planning application system for all parties. Good quality preapplication discussion enables better coordination between public and private resources
and improved outcomes for the community
Para 189. Local planning authorities have a key role to play in encouraging other parties
to take maximum advantage of the pre-application stage. They cannot require that a
developer engages with them before submitting a planning application, but they should
encourage take-up of any pre-application services they do offer. They should also,
where they think this would be beneficial, encourage any applicants who are not already
required to do so by law to engage with the local community before submitting their
applications.
Para 190. The more issues that can be resolved at pre-application stage, the greater
the benefits. For their role in the planning system to be effective and positive, statutory
planning consultees will need to take the same early, pro-active approach, and provide
advice in a timely manner throughout the development process. This assists local
planning authorities in issuing timely decisions, helping to ensure that applicants do not
experience unnecessary delays and costs.
Para 191. The participation of other consenting bodies in pre-application discussions
should enable early consideration of all the fundamental issues relating to whether a
particular development will be acceptable in principle, even where other consents
relating to how a development is built or operated are needed at a later stage. Wherever
possible, parallel processing of other consents should be encouraged to help speed up
the process and resolve any issues as early as possible.
Para 192. The right information is crucial to good decision-taking, particularly where
formal assessments are required (such as Environmental Impact Assessment, Habitats
Regulations Assessment and Flood Risk Assessment). To avoid delay, applicants
should discuss what information is needed with the local planning authority and expert
bodies as early as possible.
And in terms of decision taking the following paras are applicable;
Para 196. The planning system is plan-led. Planning law requires that applications for
planning permission must be determined in accordance with the development plan,
unless material considerations indicate otherwise. This Framework is a material
consideration in planning decisions.
Para 197. In assessing and determining development proposals, local planning
authorities should apply the presumption in favour of sustainable development.
4.6
Supplementary Planning Guidance 2 – Listed Buildings and Conservation Areas
Supplementary Planning Guidance 3 Urban Design
Supplementary Planning Guidance 4 Local Needs Housing
5. STATUTORY CONSULTATIONS
5.1
DCC as Highway Authority - The Highway Authority raised a number of concerns
about this proposal at pre-application stage and the applicant's agents have included sufficient
information within the submitted Transport Assessment to address these issues. The proposed
new access onto Lanehouse Rocks Road was of particular concern due to the gradient of the
public highway at this point. The submitted information included a layout plan of the proposed
junction and a Stage 1 Safety Audit. The new access will be in the form of a simple 'T' junction
with a right turning lane on Lanehouse Rocks Road.
Whilst the Highway Authority is now satisfied that a junction can be formed at this location, there
are still concerns about the detailed junction design. However, as this is an Outline Application
with all matters reserved, this junction could be conditioned and the detailed design agreed at
the Reserved Matters stage.
There are two other access serving this proposal . The first is off Chickerell Road to the east of
Fiveways Junction - this already has planning consent and is currently going through design
checks prior to construction. The second is off of Markham Avenue and is proposed to serve
approximately 50 dwellings - an acceptable design is achievable for this access and, again, this
access could be conditioned and the detailed design agreed at the Reserved Matters stage.
The impact of the traffic on the local network from this proposal needed to be comprehensively
considered and the Highway Authority requested that the application include a detailed
assessment of a number of junctions on the local highway network to check whether there was
adequate capacity available. This work has been carried out and is included within the
Transport Assessment. In addition to this the Highway Authority has also undertaken its own
modelling of the local network to check the information submitted. Both the figures within the
application and those produced by the Highway Authority indicate that the development traffic
can be accommodated on the network, however the local signal controlled network is getting
close to capacity at peak times and vehicle movement could be helped by some timing changes
to the signals and minor alterations/improvements.
The County Highway Authority considers that the submitted Transport Assessment is
satisfactory and robust. Whilst it is accepted that the proposal will obviously increase traffic
flows on the local highway network, the residual cumulative impact of the development will not
be "severe", when consideration is given to paragraphs 29 to 36 of the National Planning Policy
Framework (NPPF).
Should planning permission be granted, the County Highway Authority recommends the
following contributions and conditions be imposed:
Contributions
A contribution of £50,000 towards revising signal timings on the local signalised network and
also towards improvements to provide a right turn stacking area southbound on Lanehouse
Rocks Road turning into Lynch Lane. This is known to cause problems in the pm peak with
vehicles queuing back across the junction of Lanehouse Rocks Road and Chickerell Road.
A contribution of £370,00 towards Public Transport, this is to ensure that the 2 services, 3 and
8, on the Weymouth to Chickerell corridor are maintained/enhanced. This will include additional
busses to maintain the regular service and the upgrading of the bus stops to include Real Time
Information.
Conditions
Accesses
No development shall commence until full details of the new accesses to the site have been
submitted to and agreed in writing by the Local Planning Authority.
Reason: In the interests of highway safety.
Outline Estate Road Construction (adopted or private)
No development shall commence until details of the geometric highway layout, turning and
parking areas have been submitted to and agreed in writing by the Local Planning Authority.
Reason: In the interests of highway safety.
Existing Public Right of Way
No development shall commence until full details of the improvements to the surface of the
existing public Right of Way, Cockles Lane, have been submitted to and agreed in writing by the
Local Planning Authority. An alternative route must be provided whilst these improvements are
carried out to ensure that access is available to the public at all times.
Reason: In the interests of highway safety.
Outline Travel Plan
Prior to the commencement of the development hereby permitted, a Travel Plan shall be
submitted to and approved in writing by the Planning Authority. The Travel Plan, as submitted,
will include:
s for sustainable travel arrangements.
-going monitoring of the Travel Plan.
first occupation of the development.
chanisms to achieve the objectives of the Travel Plan by the occupiers of the
development.
The development shall be implemented only in accordance with the approved Travel Plan.
Reason: In order to reduce or mitigate the impacts of the development upon the local highway
network and surrounding neighbourhood by reducing reliance on the private car for journeys to
and from the site.
Informative Notes
NOTE: The applicant is advised that, notwithstanding this consent, if it is intended that the
highway layout be offered for public adoption under Section 38 of the Highways Act 1980, the
applicant should contact Dorset County Council’s Developer-Led Infrastructure team. They can
be reached by telephone at 01305 225401, by email [email protected], or in writing at
Developer-Led Infrastructure, Dorset County Council, County Hall, Dorchester, DT1 1XJ.
The applicant should be advised that the Advance Payments Code under Sections 219-225 of
the Highways Act 1980 may apply in this instance. The Code secures payment towards the
future making-up of a private street prior to the commencement of any building works
associated with residential, commercial and industrial development. The intention of the Code is
to reduce the liability of potential road charges on any future purchasers which may arise if
the private street is not made-up to a suitable standard and adopted as publicly maintained
highway. Further information is available from Dorset County Council’s Developer-Led
Infrastructure team. They can be reached by telephone at 01305 225401, by email at
[email protected], or in writing at Developer-Led Infrastructure, Dorset County Council,
County Hall, Dorchester, DT1 1XJ.
Feb 2015 comments - Further discussions have now taken place with the applicant
over the public transport contributions and as such, the following should be included
within the Section 106 agreement. A contribution of £220,000 will be provided to Dorset
County Council prior to completion of the 50th dwelling in the phase 2 development.
Dorset County Council will work with operators to secure and maintain passenger
transport services near/through the site including revenue support for a period of 5
years while services move to commercial viability. Within the conditioned travel plan
there will be measures to promote the use of the passenger transport services with
incentives to encourage use.
5.2
Environment Agency - We have no objection to the proposed development, however
wish to make the following comments and recommend a condition and informatives similar to
the one detailed below be attached to any permission granted. Flood Risk The Flood Risk
Assessment and Drainage Strategy Report includes details of the overarching strategy for the
management of surface water run-off, including preliminary surface water drainage calculations.
CONDITION: No development shall commence until a surface water drainage scheme for the
site, based on sustainable drainage principles and an assessment of the hydrological and
hydrogeological context of the development, in accordance with the overarching strategy set out
in the Flood Risk Assessment & Drainage Strategy Report (Nola Design, November 2012,
Project Ref: 180.0001/B), has been submitted to and approved in writing by the local planning
authority. The scheme shall subsequently be implemented in accordance with the approved
details before the development is completed. Details of how the scheme shall be maintained
and managed after completion shall be submitted.
REASON: To prevent the increased risk of flooding and ensure future maintenance of the
surface water drainage system.
Ordinary Watercourse
INFORMATIVE If you intend to obstruct the flow in any ‘ordinary’ watercourse (permanently or
temporarily, including culverting) crossing the site of the proposed development you will require
prior Land Drainage Consent from Dorset County Council as the Lead Local Flood Authority.
You are advised to contact the Flood Risk Management team at Dorset County Council
([email protected]) to discuss their requirements.
Existing Surface Water Drainage
INFORMATIVE There must be no interruption to the surface water drainage system of the
surrounding land as a result of the operations on the site. Provisions must be made to ensure
that all existing drainage systems continue to operate effectively and that riparian owners
upstream and downstream of the site are not adversely affected.
Pollution Prevention During Construction
INFORMATIVE Safeguards should be implemented during the construction phase to minimise
the risks of pollution and detrimental effects to the water interests in and around the site. Such
safeguards should cover the use of plant and machinery, oils/chemicals and materials; the use
and routing of heavy plant and vehicles; the location and form of work and storage areas and
compounds and the control and removal of spoil and wastes. We recommend the applicant refer
to our Pollution Prevention Guidelines, which can be found at:
https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg
NOTES TO APPLICANT Sustainable Construction Sustainable design and construction should
be implemented across the proposed development. This is important in limiting the effects of
and adapting to climate change. Running costs for occupants can also be significantly reduced.
Waste Management Should this proposal be granted planning permission, then in accordance
with the waste hierarchy, we wish the applicant to consider reduction, reuse and recovery of
waste in preference to offsite incineration and disposal to landfill during site construction. If any
controlled waste is to be removed off site, then site operator must ensure a registered waste
carrier is used to convey the waste material off site to a suitably authorised facility. If the
applicant require more specific guidance it is available on our website https://www.gov.uk/howto-classify-different-types-of-waste
5.3
Natural England
Impacts on biodiversity
Issues relating to the Little Francis Site of Nature Conservation Interest (SNCI).
Natural England has no objection to the principle of the development, but considers the revised
layout not to be in conformity with the provisions of the National Planning Policy Framework
section 11 for safeguarding and enhancing biodiversity interests. In particular, the proposed
layout does not provide sufficient buffering for the Little Francis SNCI, a site recognised as of
county value to wildlife, with the developed area of phases 3A, 2A, 2B and 4A extending to
within a few meters of the boundary of the SNCI, including a new block of development
immediately to the east of the SNCI. Development on this scale should be ensuring significant
biodiversity interests, as represented by the SNCI are protected and enhanced, this will not be
achieved by built development extending to within a few meters of 3 of the 4 boundaries of the
SNCI. The new proposed layout is in contrast to the submitted Indicative Site Masterplan –
Landscape Strategy provided for phases 1A and 1B, planning application WP/12/00907/OUT,
which provided a substantial “green buffer zone” around the entirety of the SNCI. This green
buffer zone provided important protection to the SNCI and ensured ecological connectivity to the
remaining areas of enhanced natural green space to the south east of the development. Some
of the benefits of an adequate buffer for the SNCI are set out below:
 The maintenance of ecological connectivity between the retained SNCI and fields to the south
east of the development site. The value of the these two retained areas of green infrastructure
would be greatly enhanced if they were fully connected allowing them to be managed as a
unified site.
 The provision of attractive public rights of way through natural green space that avoid the
SNCI and so reduce overall recreational pressures on the site. For example, the buffer areas
will allow the development of formalised dog walks outside of the SNCI.
 Minimising the effects of noise and light pollution from the built development on the SNCI. For
example, it is less likely that barn owls will hunt in close proximity to the built development.
 The provision of visual screening between the built development and retained areas of semi
natural green space. The buffer areas will also allow a more gradual transition between the high
value habitats of the SNCI and built development. These edge habitats will provide cover and
foraging opportunities that will enhance ecological connectivity in and around the retained
areas.
 The prevention of tipping of garden refuse / fly tipping from the development directly into the
SNCI.
For the reasons set out above our view is that an adequate buffer between the built
development and the SNCI is essential for the long term protection of the biodiversity interests
of the site. In order to ensure the development protects the long term future of the SNCI and
thereby meet the requirements of NPPF paragraphs 109 and 118 to protect and enhance the
wildlife interests, Natural England strongly recommends that the layout immediately around the
SNCI is amended to include the green buffer zones provided for in planning application
WP/12/00907/OUT. The development potential of the site may be maximised without
compromising the SNCI interests by locating the proposed pond areas within the SNCI green
buffer zones.
It must be stressed that failure to provide adequate buffering of the SNCI will result in
insufficient mitigation for significant wildlife interests, in this case a county wildlife site, and in
such circumstances to be in line with NPPF paragraph 118 the application should be refused.
In addition, the proposed layout would significantly reduce the ecological connectivity of the
retained green infrastructure with the wider countryside. In particular, Phase 3B significantly
compromises the existing wildlife corridor which connects Markham and Little Francis to the
open countryside to the west. The submitted ecological assessment highlights the value of this
corridor to migrant birds, referencing studies that have been shown that migrant birds use the
hedges and fields across the site as an east-west link to the coast. The presence of barn owl on
the site also highlights the value this link to the wider countryside. In order to maintain this
corridor, development within Phase 3B should be limited to the small field in the north west of
the allocation, with habitat creation completed in the southern and eastern areas aimed at
enhancing its function as a wildlife corridor. Such a layout would also provide appropriate
protection and buffering for the main badger sett (sett 27), identified by Dr Julian Brown.
In order to maximise the benefits of the green infrastructure provision and secure biodiversity
interests Natural England recommends that the enhancement of the retained areas of green
infrastructure are agreed and completed during the initial phases of the development. This might
be achieved by requiring a comprehensive habitat restoration and management plan for the
areas of retained semi natural greenspace, to include the management of the SNCI,
enhancement and restoration of the fields to the south east and habitat creation within the buffer
areas. Natural England also recommends that any permission includes making provision for the
long term management of the remaining areas of open space, including the SNCI. In order to
permanently secure the retained areas the land should be transferred to a public body, private
trust, or NGO for the purposes of managing as semi natural greenspace, ideally as a Local
Nature Reserve.
Issues relating to biodiversity mitigation and enhancement
The ecological report submitted with the current application provides recommendations for a
number of biodiversity mitigation measures and recognises the need for onsite and offsite
compensation measures. Natural England agrees with this assessment. As non EIA
development over 0.1 ha the proposals fall within the scope of the Dorset Biodiversity Protocol.
Natural England therefore recommends that the application is supported by a Biodiversity
Mitigation Plan that has been approved by the Dorset County Council’s Natural Environment
Team (NET). The plan should include the mitigation elements set out in the submitted ecological
report, along with an assessment of any biodiversity interests that will be lost to the
development (for example, areas of semi improved grasslands, scrub, hedgerows, wetland
habitats etc.) and not replaced on a like for like basis. Natural England recommends that these
residual biodiversity losses are compensated through the Dorset Biodiversity Compensation
Framework. Alternatively provision may be made for creating and maintaining equivalent
habitats directly elsewhere. The aim of the BMP should be to ensure the development provides
appropriate mitigation and compensation measures for the wildlife interests that will be
otherwise harmed by the proposals and thereby meet the provisions of paragraph 109 to ensure
the development contributes to and enhances the natural and local environment by minimising
impacts on biodiversity and providing net gains in biodiversity. The biodiversity mitigation plan
should use the standard format set out in the Dorset Biodiversity Protocol and available on the
Dorset County Council (DCC) website.
Issues relating to badgers
The proposals are supported by an updated badger survey (completed in 2012) that covers
phases 1A and 1B, areas that are not included in the current application. However, no update
has been provided for the remaining areas covered by the current proposals. The badger issues
on site are complex with more than one family group and a large number of setts. The badgers
use of the site may well have altered significantly since the last full survey (completed in 2005),
while the impact on the badgers of the reduction in natural green space through the proposed
removal of the SNCI buffers will not have been considered. This is particularly pertinent to the
areas immediately to the north of the SNCI which in 2005 supported a number of setts. There is
therefore insufficient information to be able to judge the likely impact of the new proposals on
the areas resident badgers. Natural England recommends that prior to determination the use of
the area by badgers and the status of setts is re-accessed. The aim should be to ensure as
many of the occupied setts as possible are retained within areas of suitable habitat, and ensure
connectivity is maintained between setts and foraging areas.
5.4
Sport England - Sport England is unable to support this application.
It is understood that the application proposes an outline application for residential development
up to 500 homes, a population of approximately 1100 (based on occupancy of 2.2). The
proposal does not including any sports facilities including on-site playing fields.
Sport England has assessed the application against its adopted planning policy objectives. The
focus of these objectives is that a planned approach to the provision of facilities and
opportunities for sport is necessary in order to meet the needs of local communities. The
occupiers of any new development, especially residential, will generate demand for sporting
provision. The existing provision within an area may not be able to accommodate this increased
demand without exacerbating existing and/or predicted future deficiencies. Therefore, Sport
England considers that new developments should be required to contribute towards meeting the
demand they generate through the provision of on-site facilities and/or providing additional
capacity off-site. The level and nature of any provision should be informed by a robust evidence
base such as an up to date Sports Facility Strategy, Playing Pitch Strategy or other relevant
needs assessment.
This requirement is supported by the Governments National Planning Policy Framework, which
states:
“Within the overarching roles that the planning system ought to play, a set of core land-use
planning principles should underpin both plan-making and decision-taking. (Principle 12 is) that
planning should:
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.”
[Paragraph 17]
“To deliver the social, recreational and cultural facilities and services the community needs,
planning policies and decisions should:
- Plan positively for the provision and use of shared space, community facilities (such as local
shops, meeting places, sports venues, cultural buildings, public houses, and places of worship)
and other local services to enhance the sustainability of communities and residential
environments…
- Ensure an integrated approach to considering the location of housing, economic uses and
community facilities and services.” [Paragraph 70]
The population of the proposed development is approximately 1100. This additional
population will generate additional demand for sports facilities. If this demand is not
adequately met then it may place additional pressure on existing sports facilities, thereby
creating deficiencies in facility provision. In accordance with the NPPF, Sport England seeks to
ensure that the development meets any new sports facility needs arising as a result of the
development.
Whilst this is an outline application, Sport England are concerned that for a new housing
development of (up to) 500 homes/1100 population that there is no proposed onsite sport and
recreation including playing fields.
5.5
DCC as Education Authority - DCC will be looking to secure developer contributions
towards the provision of education capacity as a result of the Phase 2-4 of the Curtis Field
Development.
Weymouth population projections for school age children have been showing a significant year
on year rise over the last 5 years and this has resulted in an additional 1FE bulge being added
to the primary provision in the centre of the town for the September 2014 intake at 4+
(Reception Year Group). In addition a permanent .5 FE has been added (100+ places) at
Chickerell to address the existing birthrate rises there as well.
Based on the published formula for assessing pupil impact of a housing development, we
anticipate 95 Primary, 75 Secondary and 21 ‘Post 16’ leaners to be generated from this
development based on 500 houses.
The Curtis Field Development falls within the Conifers Primary catchment area. This school has
a published admission number (PAN) of 60 and over a 7 year cycle has a total capacity of 420
children. Current projections indicate that the catchment area has in excess of 70 children
projected to be looking for places at the school from September 2015 onwards in the Reception
Year Group. There is also a non catchment Roman Catholic School Primary Schools and they
have also filled in all year groups year on year.
From a Secondary School perspective, as these numbers start to filter through to this phase,
there will be a need to develop and enhance the secondary provision. Though Wey Valley and
All Saints may not be full to the gross capacity of the building, were they to do so then work
would be required to ensure the curriculum provision for these elevated numbers is appropriate.
There is also likely to be a need to increase overall capacity should the anticipated numbers of
children from all new housing materialise. Budmouth is also full and oversubscribed.
Dorset County Council developed a mechanism for identifying the contributions required. Across
Primary and Secondary phases DCC have identified for Weymouth a per housing unit cost of
£6,169. This mechanism was scrutinised and adopted by Dorset County Council Cabinet on the
4th December 2013. Dorset County Council will look for a total contribution of £3,084,500 for
Phase 2-4 of the Curtis Field Development in Weymouth.
Given the size of the development, the provision of additional land by the developer at no cost
to the County Council to accommodate the expansion of St. Augustine’s RC Primary, as
currently proposed, would be in addition to the S106 contribution outlined above.
5.6
DCC County Archaeologist - The application is accompanied by Context One
Archaeological Services' report on an archaeological evaluation. In my opinion, this report is
absolutely fine; it was carried out to an appropriate standard and has a reasonable conclusion
about the appropriate archaeological mitigation for the development. However, the trial
trenching of the evaluation only covered phases 2A. 3A and 4A of the proposal, and not phases
2B and 3B which are within the application area.
5.7
NB – Further trial trenching has been carried out to areas 2B and 3B at the County
Archaeologist’s request and the County Archaeologist is now content that the proposal is
acceptable subject to a condition that :
‘No works shall take place until the applicant has secured the implementation of a programme of
archaeological work in accordance with a written scheme of investigation which has been
submitted by the applicant to, and approved by the Planning Authority. This scheme shall cover
archaeological fieldwork together with post-excavation work and publication of the results.'
This would be necessary to secure the proper recording of the archaeological remains that have
been identified during the two phases of archaeological evaluation.
6. OTHER CONSULTATIONS
6.1
WPBC Housing Enabling Officer
1. Evidence of local affordable housing need
There are currently over 3200 households on the Weymouth and Portland Housing register. The
recently published Strategic Housing Market Assessment reports a need for 130 new affordable
homes each year in Weymouth and Portland.
2. Planning Policy
2.1 Relevant Policies
Weymouth and Portland Local Plan 2005 Policy H7 Affordable Housing
West Dorset, Weymouth & Portland Emerging Local Plan 2012
National Planning Policy Framework
2.2 Housing Type and Tenure
The developers propose to provide 35% (now 30%) of the site as affordable housing. This
complies with existing and emerging policy. The final detail of the affordable housing can be
agreed through an Affordable Housing Scheme being submitted, and agreed by the Council,
prior to the development commencing. The affordable housing should comply with the NPPF
definitions and a minimum of 70% of the affordable homes provided should be for either Social
or Affordable Rent. The affordable homes provided should broadly reflect the market housing
being provided and be ‘pepper potted’ around the development. This will ensure a tenure blind
development resulting in a balanced and sustainable community.
Summary
The provision of these affordable homes will help to meet the identified local need.
The detail can be agreed through an Affordable Housing Scheme approved by the Council
before the commencement of development.
6.2
WPBC Environmental Health Officer –
1. The proposed development is located near a noise sensitive area and therefore is likely to
have significant effects upon the environment and residents.
I recommend that the developer include arrangements for protecting the environment and
residents from Noise, Vibration and Dust. This shall also include proposed provisions for the
removal of any potentially hazardous waste found / generated on site. The Method Statement
shall be agreed in writing by the Local Planning Authority prior to
commencement of the demolition.
2. Due to the close vicinity of existing residential dwellings to this site, the construction works
should have regard to the following to protect residents from nuisance:
• No bonfires to be held on site at any time.
• Hours of noisy works are to be limited to Monday – Friday 0800 – 1800
Saturday 0900 – 1300; No activity on Sundays or Bank Holidays
If there are to be any proposed deviations from these hours, please contact Environmental
Health to discuss these.
3. Start up of vehicles and machinery to be carried out in a designated area as far
away from residential / sensitive areas as practicable. Start up and movement of vehicles
/equipment etc will be limited to 30 minutes prior to the hours of construction only.
4. To minimise disturbance, broadband alarm or video shall be fitted to works
vehicles instead of the conventional beepers when reversing.
5. Activities which may give rise to dust shall be controlled, as far as practicable, to
minimise dust emissions. This must include controlling dust from regularly
trafficked road areas. Dust suppression may be achieved using water and locating
equipment and machinery, away from residential areas.
6. At all times, a contact telephone number shall be displayed on site for members of
the public to use to raise issues. A named person will also be provided to
Environmental Health in order for contact to be made should complaints be
received.
7. Any waste arising at the site shall be appropriately segregated and controlled prior
to its removal by an appropriately licensed contractor. Any waste arising from the
activity which could potentially be contaminated in any way shall also be
segregated again, and removed appropriately. Environmental Health must be
informed if this occurs.
8. The use of any radio / amplified music system on site must be kept at a level not to
cause annoyance to noise sensitive premises beyond the boundary of the site.
9. Any future sub-contractors to the site shall be made aware of, and comply with any
guidelines/conditions relating to site management of emissions of noise, dust,
smoke, fumes etc, made in as part of the determination of this application.
10. Letter drops to adjacent residents in close proximity should be considered as part
of the Construction phase to give a minimum of 48 hours notice of any exceptional
activities proposed.
11. The proposed site has been identified under the Council’s Part 2A Strategy to
have areas of unknown filled ground. Please apply Condition N36A to any
permission granted.
6.3
Dorset Wildlife Trust - Dorset Wildlife Trust (DWT) would wish to see a management
plan produced and implemented on Markham and Little Francis Site of Nature Conservation
Interest (SNCI) and the other areas of open space.
This management plan, especially for the SNCI should have been linked to the earlier phased
development therefore DWT would favour the implementation of favourable conservation
management on the SNCI before later development phases come forward. DWT would ask the
local authority to condition this management plan. The reason we recommend this course of
action is to ensure the conservation interests of the SNCI are enhanced and protected in
advance of the increased pressures on wildlife that will result from development.
The proposed development will result in the loss of a large area of open land with the potential
for public access; this is valuable open space in this built up area of Weymouth. The loss of
this land will need to be considered against Green Infrastructure plans for the Borough.
Numerous ecological surveys have shown the importance of the area for ecological connectivity
and the development will have a negative impact on this, especially how this area connects with
the wider countryside. The application boundary is highlighted as being wildlife corridor habitat
in the Urban Wildlife Corridors and Stepping Stones report produced by Dorset Environmental
Records Centre in 2009 for Weymouth and Portland Borough Council. Phase 3B significantly
compromises the existing wildlife corridor which connects Markham and Little Francis SNCI to
the open countryside to the west. In order to maintain this corridor, development within Phase
3B should be limited to the small field in the north west of the allocation, with habitat creation
completed in the southern and eastern areas aimed at enhancing its function as a wildlife
corridor. DWT therefore objects to housing or any other grey infrastructure in southern half of
Phase 3B, as this would compromise a known species migration route. We recommend this
area is maintained as green infrastructure.
The proposed layout of the 4B allocation restricts the accessibility of the public open space from
the Phase 2B development. The only access would be through the SNCI. DWT would
recommend that allocation 4B is either removed, or restricted to the north eastern half of the
site. In order to maximise the benefits of the green infrastructure provision and secure
biodiversity interests DWT recommends that the enhancement of these areas is agreed and
completed during the initial phases of the development within an agreed management plan.
DWT also recommends that any permission includes making provision for the long term
management of the remaining areas of open space, including the SNCI. In order to permanently
secure the retained areas of land, DWT would wish to see the land transferred to a public body,
private trust, or NGO for the purposes of managing as semi natural greenspace as a Local
Nature Reserve.
6.4
Open Spaces Society - Response:
Large numbers of people have used the Curtis Fields for casual recreation for many decades.
They still do and still want to.
The Open Spaces Society objects to the current planning application as it includes too many
houses and not enough open space. The application is also pre-mature before the Borough's
local development plan is complete. Although more open space should be included, the Open
Spaces Society welcomes Betterment Properties proposals for what open space they have
suggested in phases 1 to 4. To ensure all this land, plus the
larger parcels to the south of their landholding, is available as open space for all time, we ask
Weymouth and Portland Council to persuade Betterment Properties to dedicate all this land as
Village Greens. Less satisfactory alternatives would be a Section 106 agreement or Local
Green Space status.
The Open Spaces Society welcomes all the proposals from Betterment Properties for improved
and additional pedestrian and cycling facilities within their scheme. At a later stage in this
process, it would welcome another look at plans to encourage further facilities for non-motorised
movements. An example of this would be a cut through for cyclists and pedestrians from the
allotments at the corner of Lichfield and Leamington Roads into the new housing estate.
Hopefully, Betterment Properties would be willing to
replace any lost allotment land within their final scheme.
7. REPRESENTATIONS
7.1
There has been an extensive number of objections to the application with over
200 representations made. The following is a summary of the objections (in no
particular order) :
 Fields are a green belt and last green lung dividing Weymouth from Wyke and
there is no need to use this land for housing;
 It will destroy nature conservation interests;
 Increased traffic onto the highway network;
 Loss of green open space/recreation area;
 Increased flooding;
 Lack of other facilities to support additional housing;
 Construction nuisance to neighbours;
 Lanehouse Rocks Road access is unacceptable;
 More houses and lack of employment will see more traffic leaving the town to
access jobs;
 ‘Markham and Little Francis’ area contains open space of high amenity value,
therefore any further building over these fields beyond that already permitted
should be strictly limited. The whole development at Curtis Fields, including that
already granted permission, should not exceed the number of homes proposed in
the draft Local Plan and should not be allowed any further south than the
boundary shown on Map WEY 10 of the draft Local Plan. The amenity open
space should not be restricted to the steeply sloping land but should include
more level land suitable for general recreation, and should, we think, be
contained in a single large area. Any development permitted should include a
significant element of dedicated social housing, and that a provision of 35% as
proposed should be implemented;
 Land is outside the development boundary as outlined in the 2005 Local Plan
and is for more than the allocated WEY10 site in the Emerging Local Plan;
 Increased demand on existing services;
 Where is the infrastructure to support the scheme ? (school
placements/doctors/dentists/pharmacies/hospital facilities/traffic);
 overdevelopment of the site;
 Added pressure to Five Ways traffic junction;
 Contrary to current adopted Development Plan which allocates the land as open
space;
 Previous planning appeals on the site which have been dismissed in recognition
of the landscape value
Local Members - Cllr Gill Taylor objects on grounds of:
Local Development Plans
Most of the land is outside of the development boundary in the emerging Weymouth and
Portland and West Dorset Local Development Plan and is all outside the boundary for the 2005
W&P Local Development Plan. While the NPPF states that in the absence of an up to date
Local Plan permission should be granted in favour of development, the delays in the plan have
been outside of the council’s control. Because of this the views of local residents should hold
weight and not be ignored.
Drainage
There are significant flooding issues in the area due to water run off from this area. There are
mitigation measures being put in place for the current development on May Farm however the
adequacy of these measures needs careful consideration. Flooding particularly occurs upstream
of the Lanehouse stream on Lanehouse Rocks Road area and Ludlow Road and downstream
on the Marsh.
Traffic
Vehicle access for this development will be onto Lanehouse Rocks and Chickerell Roads.
Traffic volume on Lanehouse Rocks Road has increased significantly in recent times, additional
traffic from this development accessing onto this road on the hill will exacerbate this situation.
Chickerell Road is busy, particularly during term time, with young people mainly from Budmouth
School, but also from other schools
in the area; increased traffic will be detrimental to the safety of these pedestrians in the area.
Employment provision
The employment provision for the whole site consists of a Class 1A retail unit (convenience
store circa 372 sq m) and a Class B1 commercial unity (office circa 196 sq m). This is
inadequate for the existing development of 180 residential units plus this current proposal of an
additional 500 units.
Community facilities
Schools – while there is a planned expansion of At Augustine’s School, this is not appropriate
for all as it is a faith school. This application makes no reference to the additional provision
required at non faith schools in the area.
Doctors – There is no provision for additional capacity at local Doctors surgeries
Cllr Lucy Hamilton objects on grounds of:
The chief objection is that part of the application falls outside the area designated for new
housing in the draft Local Plan. See pre-Submission Local Plan, Weymouth maps, WEY10
Markham and Little Francis, Weymouth.
This land is not needed for housing. Following an exploratory meeting with the Planning
Inspector, Weymouth and Portland and West Dorset Councils have provided updated
supporting evidence. The borough has made an updated objective assessment of housing
needs. The supply for the plan period exceeds the housing requirement. See SUS9 SHLAA
update report July 2014 para 4.1.
The borough has sufficient land supply for new housing without this additional area. When
supply from new allocations in the local plan are confirmed, the identified five year supply will
exceed the five years’ requirement. See SUS9 SHLAA update report July 2014 para 4.2. These
new allocations do not include all of the phases in the present planning application. The updated
SHLAA takes into account potential lapses in the supply calculations. See SUS9 SHLAA update
report July 2014 para 4.3.
The borough has made an updated assessment of past supply and market signals, as required
by the National Planning Policy Framework. See PBA SHMA Report July 2014.
Any housing planned as part of the draft Local Plan must include variety to allow for future
generations’ needs, to reflect the variety of ages and sizes of households.
Development as proposed would encroach and degrade the Site of Natural Conservation
Interest. The draft local plan notes “where wildlife sites are relatively isolated from each other
and from the wider countryside by urban development, it will be important to protect and
enhance the remaining wildlife corridors.” The draft Local Plan allows for a significant area of
Public Open Space at Curtis Fields. As work progresses on ENV 3 Green Infrastructure
Network, Curtis Fields should be considered as part of the wildlife corridor.
Open green space is essential to the health and wellbeing of our community.
The National Planning Policy Framework encourages sustainable development, in relation to
economic, social and environmental considerations. As a local ward councillor, I am concerned
that the council needs to balance all three.
Cllr Howard Legg objects on grounds of:
1) This is a nice open area in between ribbons of development along Chicherell Road and Wyke
Road. It is important to keep such natural landscape to avoid the feeling of a concrete or brick
jungle creeping up on us.
2) Some of this application is outside a development boundary. This may be a tactical
application to allow a part refusal but get the other part. It should all be refused as the current
adjacent development is more than enough.
Full details of all the representations made can be viewed at dorsetforyou.com
8 PLANNING ISSUES
8.1
The planning application has raised a number of issues listed as follows:
 Principle of the development given the Council’s Housing Land Supply position;
the guidance in the NPPF ;the adopted and emerging local plan designations
and the appeal decision to allow Phase 1A and 1B and the Highways issues
 Open Space/Recreation
 Flooding issues




Nature conservation issues
Heritage issues
Archaeology Issues
Section 106 Issues
8.2
Principle of the development given the Council’s Housing Land Supply position;
the guidance in the NPPF; the adopted and emerging local plan designations and the
appeal decision to allow Phase 1A and 1B
8.3
The application site is located outside of the Defined Development Boundary
outlined in the Adopted Weymouth and Portland Local Plan (2005) . The site is and set
within an Important Open Gap(IOG) which is protected from development to prevent the
coalescence of settlements and retain an area of important local amenity value.
8.4 Since the Local Plan was adopted, the NPPF has come into effect. The
presumption in favour of sustainable development at Para 14 of the NPPF says that
For decision –taking:
• Approving development proposals that accord with the development plan without
delay; and
•Where the development plan is absent, silent, or relevant policies are out-of-date,
granting permission unless:
-
-
Any adverse impacts of doing so would significantly and demonstrably
outweigh the benefits, when assessed against the policies in this Framework
taken as a whole; or
Specific policies in this Framework indicate development should be restricted
8.5 In terms of ‘sustainable development’ although the site is outside the development
boundary defined in the adopted plan, the application site is within an urban context
being adjacent to other residential dwellings and built up development with good access
to employment opportunities , community facilities and other services . It is also
accessible by public transport and alternative transport modes
8.6 The guidance in the NPPF was an important consideration taken into account when
planning consent for Phases 1A and 1B were granted at a recent in appeal in January
2014. The Inspector highlighted that the Council had “severe and substantial shortfall in
the supply of deliverable housing sites over the next 5 years” and that the existing Local
Plan was out of date. The provisions of the NPPF in relation to sustainable development
therefore applied. Set against this she recognised the importance of the Area of Local
Landscape Importance (ALLI) and the Important Open Gap (IOG) policies. However she
concluded that “harm relating to the ALLI and the IOG would not significantly and
demonstrably outweigh the benefits, particularly those relating to housing land supply
and affordable housing”. These issues continue to be relevant on considering the
current planning application.
8.7 . Another very important consideration is that currently the Council cannot
demonstrate a 5 year supply of housing land and currently there is a 3.2 year supply .
This is critical because where a planning authority authority cannot demonstrate a five
year supply of deliverable sites, the NPPF advises that the relevant housing policies in
the Local Plan cannot be considered as up-to-date (paragraph 49). In such situations
the presumption in favour of sustainable development in the NPPF prevails and
paragraph 14 advises that where the development plan is out-of-date, proposals should
be granted unless the adverse impacts of the development “significantly and
demonstrably outweigh the benefits” or specific policies in the NPPF indicate the
development should be restricted.
8.8
In practice this means that, due to the lack of 5 year land supply, the Council
could not seek to resist the development on the basis that the site lies outside the
development boundary. The fact that the proposed development lies outside the defined
development boundary does not in itself constitute sufficient reason for refusal. The
location is a sustainable one being directly adjacent to the existing developed area of
the conurbation of Weymouth and is ‘sustainable’ in terms of the availability of public
transport and its proximity to local facilities with access to schools, community facilities
and employment opportunities. The development of the site would therefore represent
sustainable development in terms of the NPPF.
8.9 The Pre-Submission Draft (June 2012 ) with Proposed Modifications (June 2013) of
the West Dorset, Weymouth and Portland Local Plan identifies the site for residential
development and a draft policy to guide development of the site is set out at WEY10. It
is one of a number of large strategic sites allocated to meet the overall development
needs of the two Districts and is well located within the existing built up area close to
community facilities, shops, schools, employment areas and the transport network. The
Submitted Plan proposes a total allocation of 320 homes on the site, of which 180
already has planning consent.
8.10 Policy WEY 10 as (proposed to be modified in the Main Modifications dated
January 2015) states
LAND AT MARKHAM AND LITTLE FRANCIS
i)
Land at Markham and Little Francis as shown on the proposals map is allocated
for residential development and public open space, and may include an element of
employment use appropriate to a residential neighbourhood.
ii)
Rising land to the south of Cockles Lane and the ridge further south will remain
undeveloped and be managed as public open space for the long-term benefit of the
local community and to protect and enhance its nature conservation interest to become
a designated local greenspace.
iii)
In order to address sustainable development issues, the site should be
developed in accordance with a master plan prepared by the developer / landowner in
conjunction with the local community and agreed by Weymouth and Portland Borough
Council. The master plan will need to be subject to a sustainability assessment, such as
a BREEAM Communities Assessment, carried out by a suitably qualified assessor. The
masterplan should ensure that:
the design and layout relates positively to the surrounding area and does not
have an adverse impact on the amenity of surrounding properties
the hedgerow and streams through the site are maintained and enhanced where
possible and provision for their future retention and management put in place
there is adequate provision for surface water run-off and due consideration of
flood risk elsewhere
good links to the wider footpath and cycle network are provided the development
will deliver highway improvements necessary for the development to go ahead
-
an area of the site is reserved for the expansion of St Augustines School
-
the development is appropriately phased.
8.11 The supporting text states:
7.4.1 Land south of Chickerell Road (known as Markham and Little Francis) is within the
existing built up area close to community facilities, shops, schools, employment areas
and the transport network. It should be able to deliver in the region of 320 homes on
lower ground to the north of Cockles Lane, whilst providing public access and enjoyment
of the open green spaces on the rising land and ridge to the south. This green space is
important for its wildlife and landscape value and is expected to provide long-term public
open space to serve the new development and benefit the wider community and allow
for potential expansion of St Augustine’s School. Provision should be made for the long
term management of the open space ideally by the transfer of the land to a public body,
private trust or other appropriate organisation to manage as a semi natural green space /
nature reserve. The existing hedgerows and track along Cockles Lane are important
local features which should be maintained and incorporated into the layout of the site.
Any loss of hedgerow will require mitigation such as the planting of new hedges. There is
an ordinary water course within the site, and areas that are subject to surface water
flooding, which should be carefully considered in the layout and design.
7.4.2 The site should accommodate a mix of housing types, particularly family housing,
and could include some limited, small-scale employment uses appropriate to a
residential area. The main vehicular access will be to the north off Chickerell Road, and
footpath and cycle links must be provided to the surrounding area and as part of the
strategic network.
7.4.3 The development generates a need for additional primary school accommodation,
and an appropriate contribution towards improved provision will need to be secured.
There may also be a requirement for land adjacent to St Augustine’s School to allow for
future expansion.
7.4.4 On and off-site provision and contributions to community infrastructure will be
sought in line with policy COM 1 and secured through a section 106 legal agreement.
7.4.5 A master plan for the whole area will be agreed by the Borough Council to
guide the phasing and design of this site.
8.12 Planning permission has already been granted on appeal for 180 units Phase 1A
(detail) and Phase 1B (outline). This development is now on site and under
construction. The WEY10 allocation proposes a further 140 units north of Cockles Lane,
giving an allocation of 320 dwellings in the Local Plan. The current outline application
proposes a total of up to 500 new homes in addition to the 180 already granted, bringing
the proposal in total to a potential figure of up to 680 dwellings.
8.13 The examination hearings into the Local Plan were held in November/December
2014.The Inspector highlighted the difficulties which the Councils face in allocating
sufficient housing land to meet overall requirements, both over the plan period as a
whole and over the next five years. Without an sufficient supply of deliverable housing
land, the Councils risk the plan being found unsound. Development of this site is
important strategically, as it helps meet overall housing requirements but also as it is
one of the few large sites which is located within the urban area and where
development would not impact on for example statutory landscape designations such as
the Area of Outstanding Natural Beauty. At the Examination the Inspector heard
evidence from the developer/landowner that there was potentially scope to deliver more
housing on the site (up to a total of 680 homes) by extending it to the south. This
extension would significantly increase the level of development to more than double the
amount proposed through policy WEY10. This additional development would lead to
increased landscape, traffic/access and biodiversity impacts. From a housing land
supply and planning policy perspective further development to the south would help
meet the land supply shortfall. During the examination, the Inspector heard from
interested parties about their concerns about the potential loss of open land to the south
which they considered to be an important local asset. Therefore, an important proviso
would be that firm proposals to ensure public access, any necessary improvements and
proper management arrangements for the area of open space to the south are
secured.
8.14 The policies in the emerging Local Plan are afforded some weight as they have
been subject to extensive public engagement including consideration at the recent
examination hearing sessions. Further modifications have been proposed are currently
being consulted on and the Inspector’s final report is awaited. Only very minor
modifications to WEY10 to ensure consistency with other policies are proposed.
8.15 The current application proposes development at a scale over and above that
prosed in the submitted Local Plan. Looking in turn at the three dimensions of
sustainable development (social/economic/environmental) the additional up to 500
homes proposed in the current application would make an important contribution to
addressing the Council’s housing land supply deficit. The additional contribution towards
affordable housing provided by the development would also be an important benefit.
8.16 There would also be benefits to growth and the economy during the construction
phase and the site is well located in relation to employment opportunities at nearby
industrial estates. However there would be a significant reduction in the size of the open
gap which serves to keep the two parts of the urban area separate. The impact of this
could be reduced and mitigated through securing proper management arrangements for
the remaining open space to the south.
8.17 However, we also need to consider whether there are material considerations
which would significantly and demonstrably outweigh the benefits such that the
application should be refused.
8.18 The proposals should be granted permission therefore unless the adverse
impacts of the development “significantly and demonstrably outweigh the benefits” or
specific policies in the NPPF indicate the development should be resisted. These are
considered below.
8.19 Highways issues – As set out in para 5.1 above the Highway Authority raised a
number of concerns about this proposal at pre-application stage and the applicant's
agents have included sufficient information within the submitted Transport Assessment
to address these issues. The proposed new access onto Lanehouse Rocks Road was
of particular concern due to the gradient of the public highway at this point. The
submitted information included a layout plan of the proposed junction and a Stage 1
Safety Audit. The new access will be in the form of a simple 'T' junction with a right
turning lane on Lanehouse Rocks Road.
8.20 Whilst the Highway Authority is now satisfied that a junction can be formed at this
location, there are still concerns about the detailed junction design. However, as this is
an Outline Application with all matters reserved, this junction could be conditioned and
the detailed design agreed at the Reserved Matters stage.
8.21 There are two other access serving this proposal. The first is off Chickerell Road
to the east of Fiveways Junction - this already has planning consent and is currently
going through design checks prior to construction. The second is off of Markham
Avenue and is proposed to serve approximately 50 dwellings - an acceptable design is
achievable for this access and, again, this access could be conditioned and the detailed
design agreed at the Reserved Matters stage.
8.22 The impact of the traffic on the local network from this proposal needed to be
comprehensively considered and the Highway Authority requested that the application
include a detailed assessment of a number of junctions on the local highway network to
check whether there was adequate capacity available. This work has been carried out
and is included within the Transport Assessment. In addition to this the Highway
Authority has also undertaken its own modelling of the local network to check the
information submitted. Both the figures within the application and those produced by the
Highway Authority indicate that the development traffic can be accommodated on the
network, however the local signal controlled network is getting close to capacity at peak
times and vehicle movement could be helped by some timing changes to the signals
and minor alterations/improvements.
8.23 The County Highway Authority considers that the submitted Transport
Assessment is satisfactory and robust. Whilst it is accepted that the proposal will
obviously increase traffic flows on the local highway network, the residual cumulative
impact of the development will not be "severe", when consideration is given to
paragraphs 29 to 36 of the National Planning Policy Framework (NPPF).
8.24 County Highways therefore state that should permission be granted they have no
objections subject to conditions and to a Section 106 regarding transport related
contributions – see 106 issues below.
8.24 Open Space/Recreation - The Adopted Local Plan Policy C10 requires residential
development of 9 or more dwellings, to provide and ensure the future maintenance of
45 sqm of open space for recreational use per dwelling. The indicative layout proposes
an area within the development set aside as a Neighbourhood Equipped Area for Play
(NEAP) amounting to 0.1ha. In addition although the WEY10 allocation aspiration seeks
to provide public access and enjoyment of the open green spaces on the rising land and
ridge to the south of that allocation, a smaller area of land than that envisaged in the
WEY10 allocation is intended to be kept free from development (that area along the
south of the site and the site identified as a Site of Nature Conservation Interest
(SNCI)). This green space is important for its wildlife and landscape value, and is
expected to provide long-term public open space to serve the new development and
benefit the wider community. This public access for recreation and the area of the SNCI
would be the subject of a Section 106 Agreement to ensure for the long term
management of the open space ideally by the transfer of the land to a public body,
private trust or other appropriate organisation to manage it as a semi natural green
space / nature reserve.
8.26 In addition and following discussions with the Open Spaces and Bereavement
Services Manager and the Leisure and Commissioning Manager, the applicant has
agreed to make financial contributions towards the following off site recreation facilities
at the Marsh:

Skate park – £200,000 - £220,000 .

BMX track – £35k-45k.

Parkour course – £25k-£30k
8.27 For a development of the size proposed these open space and recreation
facilities that are proposed are considered to be acceptable and should members be
minded to approve the application it would be subject to a Section 106 Agreement to
deal with the on going management of the on site open space and provision of these
recreation facilities. It should also be noted that Sport England objects to the application
on the basis that “the proposal does not including any sports facilities including on-site
playing fields”. That is clearly not the case as a NEAP is proposed on site and I have
pointed this out to Sport England but have had no further reply from them.
8.28 Affordable Housing - As Members will be aware Policy HOUS1 of the Emerging
Local Plan has been suspended which leaves the fall back of Policy H7 of the Adopted
Local Plan to be considered. Policy H7 states that:
“The Borough Council will seek to achieve by negotiation an average of at least
30% of affordable housing on housing schemes, including conversions, of 9 units
(or 0.3ha) or more, subject to consideration of any extraordinary development
costs required to bring the site forward.
On-site provision will be sought, except in exceptional cases where on site
provision would not meet local needs, when direct provision off-site, or a financial
contribution sufficient to cover the cost of providing the appropriate number of
units off-site, will be sought.
8.29 In this case as originally proposed the offer was that 35% of the total number of
dwellings would be provided but bearing in mind that the adopted Local Plan only seeks
by negotiation an average of 30%, it is considered that 30% (and therefore up to 150
units would be made affordable) along the same S106 terms as that already approved
for Phase 1A and 1B. The provision of affordable housing on a large strategic site such
as this is to be welcomed given the Government’s current stance towards affordable
housing provision on small developments of 10 units or less (none required).
8.30 Flooding issues - The Environment Agency have no objection in principle to the
proposed development. They therefore recommend a number of conditions but there is
nothing of such note that would preclude a refusal of planning permission on flood
grounds.
8.31 Nature conservation issues – Natural England and Dorset Wildlife Trust initially
raised objections to the proposal and these are set out in paras 5.3 and 6.3 above.
However they have since met with the applicant to discuss in particular issues of the
indicative masterplan layout of the development in relation to Badgers and the proximity
of the development to the SNCI. This has resulted in an amended indicative masterplan
layout which shows :
1.
A wider landscaped green buffer around the SNCI to ensure a minimum width of
approximately 30m
2.
Development removed south of the existing public right of way to the eastern
edge of the SNCI to form a better link between the SNCI, the buffer and the open lands
to the south
3.
Slight repositioning of the proposed Lanehouse Rocks Road junction north of its
previously shown location so as to clip the northern edge of the existing badger sett
4.
Removal of housing development to the east of the badger sett adjoining the
Lanehouse Rocks Road junction to allow badger and other animal movements and
wider link to the SNCI.
8.32 Dorset Wildlife Trust, now comment that the above “looks far more along the
lines that DWT would be happy to see being developed. It is great to see that there will
be a buffered of at least 30m and ideally more to accommodate people so that the SNCI
is buffered, and all the other points 2-4 we agree that these are huge improvements
compare to the last plan. We will of course wish to see a full SNCI management plan
being drawn up with the SNCI team and a commitment by the developer that this will
start to be implemented as soon as possible”
8.33 Of course the indicative layouts are simply that – indicative - but the issues have
been raised now at this outline stage in order that any detailed reserved matters
application is submitted taking into account the issues now raised at this outline stage.
8.34 Natural England has now replied confirming that :
Natural England welcomes the submitted revised masterplan. In our view the new layout
provides scope for the following key benefits:
terest
(SNCI).
The buffer areas will allow a more gradual transition between the high value habitats of
the SNCI and built development. These edge habitats will also enhance ecological
connectivity in and around the retained areas.
semi natural green space.
space that avoid
the SNCI and so reduce overall recreational pressures on the site. For example, the
buffer areas will allow the development of formalised dog walks outside of the SNCI.
evelopment on the
SNCI.
into the SNCI.
ween the retained SNCI and fields to
the south east of the development site. By fully connecting the SNCI with these retained
fields the revised layout will enable the retained areas to be managed together for the
benefit of local people and wildlife, providing greater scope for achieving the aspiration
of the emerging Local Plan Policy Wey 10.
badgers have continued access to key foraging areas (see comments below).
maintenance and enhancement of ecological connectivity of the retained green
infrastructure with the wider countryside. In particular, the reduction of Phase 3B will
help maintain the existing wildlife corridor which connects Markham and Little Francis to
the open countryside to the west.
In order to maximise the benefits of the green infrastructure provision and secure
biodiversity interests Natural England recommends that the enhancement of the retained
areas of green infrastructure are agreed and completed during the initial phases of the
development. This might be achieved by requiring a comprehensive habitat restoration
and management plan for the areas of retained semi natural greenspace, to include the
management of the SNCI, enhancement and restoration of the fields to the south east
and habitat creation within the buffer areas.
Natural England also recommends that any permission includes making provision for the
long term management of the remaining areas of open space, including the SNCI. In
order to permanently secure the retained areas the land should be transferred to a public
body, private trust, or NGO for the purposes of managing as semi natural greenspace,
ideally as a Local Nature Reserve.
Biodiversity mitigation and enhancement
The ecological report submitted with the current application provides recommendations
for a number of biodiversity mitigation measures and recognises the need for onsite and
offsite compensation measures. Natural England agrees with this assessment. As non
EIA development over 0.1 ha the proposals fall within the scope of the Dorset
Biodiversity Protocol. Natural England therefore recommends that your authority ensures
that the proposals are supported by a Biodiversity Mitigation Plan (BMP) that has been
approved by the Dorset County Council’s Natural Environment Team (NET). The plan
should include the mitigation elements set out in the submitted ecological report, along
with an assessment of any biodiversity interests that will be lost to the development (for
example, areas of semi improved grasslands, scrub, hedgerows, wetland habitats etc.)
and not replaced on a like for like basis. Natural England recommends that these
residual biodiversity losses are compensated through the Dorset Biodiversity
Compensation Framework. Alternatively provision may be made for creating and
maintaining equivalent habitats directly elsewhere. The aim of the BMP should be to
ensure the development provides appropriate mitigation and compensation measures for
the wildlife interests that will be otherwise harmed by the proposals and thereby meet
the provisions of paragraph 109 to ensure the development contributes to and enhances
the natural and local environment by minimising impacts on biodiversity and providing
net gains in biodiversity. The biodiversity mitigation plan should use the standard format
set out in the Dorset Biodiversity Protocol and available on the Dorset County Council
(DCC) website.
Issues relating to badgers
The proposals are supported by an updated badger survey (completed in 2012) that
covers phases 1A and 1B, areas that are not included in the current application. Natural
England understands that the badger survey for the remainder of the site are currently
being updated. Although these updated badger surveys have not yet been submitted, we
are satisfied that the revised masterplan layout provides sufficient scope for protecting
both the main setts and foraging areas of the resident badgers. The badger surveys will
need to be completed and the necessary mitigation and enhancement measures
included in the Biodiversity Mitigation Plan (BMP) for the site. Provided your authority is
satisfied the BMP can be appropriately secured Natural England has no further concerns
relating to this aspect of the application.
8.35 As regards issues relating to biodiversity mitigation and enhancement the
submitted report “Assessment of Ecological Issues of land at Curtis Fields, Weymouth,
Dorset Kevin Cook 13th August 2014” sets out recommendations/mitigation
requirements for a number of biodiversity mitigation measures and recognises the need
for onsite and offsite compensation measures. Natural England agrees with this
assessment which states:
Onsite Compensation
Losses to local biodiversity, particularly to mobile species such as feeding bats, birds
and badgers can be compensated for by improving the habitats on some of the
remaining areas within the development areas. This will be achieved by:
• Buffer zones and wildlife corridors will be maintained through this site, both within the
development area and within any remaining land within the ownership of the developer
but outside of the development area.
• Within the development open areas 6 ponds will replace lost wet ditches to provide
zones of semi-natural land and open water that will still remain accessible to feeding
birds, foraging badgers, small mammals and other wildlife. The swales and ponds will
have strips of tall sward vegetation alongside their perimeters to the normal waters edge.
These ponds will not be wet all the time, although should develop an aquatic vegetation.
The pond near the school is expected to be permanent and used for educational
purposes.
• Wildlife corridors will be based upon existing boundary hedges that will be retained or
replaced with similar planting. Generally many of the hedges are poor ecologically and
new planting will improve their value to wildlife. Retention or new planting of hedges will
support nesting and migrating birds and retain features for feeding bats. There will be
reinforcement of the existing hedgerows and planting along Cockles Lane.
• Suitable hedges will have a zone of tall sward grassland along their length to provide
biodiversity in the form of invertebrates and seeds to support local and migrating
populations of birds, mammals and reptiles. Feeding birds of prey, including owls will
benefit from areas of tall sward grassland.
• Any planting away from buildings will be of native species appropriate to the area such
as ash, hazel Coryllus avellana, sallow Salix cinerea or other native willow species,
blackthorn Prunus spinosa, with smaller amounts of hawthorn Crataegus monogyna.
• There will be some ‘refuge’ planting within the development of suitable shrubs. These
can be a mix of native and non-native species that produce berries (such as
Cotoneasters) or are good sources of nectar, and suitable evergreens that will provide
cover for birds in the winter.
• 5 groups of 2 Schwegler bat boxes will be sited on suitable trees on the southern
boundaries at survey locations B29 to B34.
• NOTE: The developers are prepared to provide bat roosts in selected buildings. Details
will be provided within the detailed application at a later date.
• 2 barn and 2 tawny owl boxes will be sited on trees on the southern boundaries at
survey locations B29 to B34.
Off site Compensation - The SNCI and remaining fields
The owners are aware of the potential impacts upon the SNCI resulting from further
development within the Curtis Fields area. There will be opportunities for creating zones
of tall sward grassland outside of the SNCI, to benefit
feeding owls in particular. The tall sward grassland will be cut outside of any amenity
cutting regimes. It will be cut once a year in the latter half of the winter, after December,
to allow wildlife to feed upon any seeds etc. Therefore it is acknowledged that future
development will require compensation works involving the SNCI and the following will
be incorporated into the management of the site:
• Protecting the SNCI and producing and implementing an active management plan.
• Extending the SNCI habitats to include a buffer zone of other grasslands including the
southeastern fields that will not be developed.
• Revising access onto the land so that dog walkers access improved grasslands before
entering the SNCI.
• Providing buffer zones, strips of rough grassland and planted native scrub and hedges
across the remaining fields to encourage nesting birds and enhance feeding for badgers,
barn owls, reptiles etc.
• The management of the site, including swales, ponds and all open areas, will be
mplemented by a Management Company.
• Thus a management plan for the remaining areas outside of the development will be
drawn up to include:
o Grazing or hay cutting of extensive grasslands, cuttings to be removed off site and no
fertiliser applied.
o Retention of some areas of grassland to remain as tall sward, cut on a 2-3 year
rotation.
o Paths of short sward grass should be cut through hay meadows for use as paths.
o The SNCI will require scrub removal to extend notable grassland areas.
o Hedgerow management, by coppicing, laying and replanting to improve structure of
hedges.
o A comprehensive planting scheme of native shrubs along buffer strips and field
corners.
o Enhancement of any wet areas to create wet grassland and ponds.
8.36 Off site compensation – the wider area
Part of the requirement is for biodiversity contributions to be made of £7000 for off site
Compensation for the wider area as this development will put pressures on the
surrounding natural areas through visitor pressure. As such, the developers will provide
the £7000 to support the Dorset Biodiversity Project or towards the management of the
RSPB at Radipole Nature Reserve. The detail of this will be secured within a Section
106 agreement.
8.37 As regards the issue of Badgers the submitted badger surveys will need to be
completed and the necessary mitigation and enhancement measures included in the
Biodiversity Mitigation Plan (BMP) for the site. This can be conditioned and as such
Natural England has no further concerns relating to this aspect of the application.
8.38 Heritage issues - In this respect the most notable Heritage building is Westdowne
House off Westdowne Close to the east which is an early C19 villa in its own grounds
which has been encroached upon by later development, and its setting is further
undermined by modern garaging. To the south is Markham House, 140, 142 & 144
Wyke Road a former detached house set on the edge of the southern area of land.
8.39 Although the site does not immediately abut any of these heritage assets, it does
however affect their wider setting but it is considered that the former (Westdowne
House) has already been compromised and would not be compromised further by this
proposal given the approval for Phase 1A and 1B. Likewise the listed buildings at 140 146 Wyke Road would not be adversely affected by the development given their
distance from the immediate housing proposals under consideration. As such Section
66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 is satisfied in
terms of the satisfactory setting impact of development proposals on Heritage Assets
8.40 Archaeology Issues - The application is accompanied by Context One
Archaeological Services' report on an archaeological evaluation. The County
Archaeologist confirmed originally that the report was absolutely fine, it being carried out
to an appropriate standard and had a reasonable conclusion about the appropriate
archaeological mitigation for the development. However, the trial trenching of the
evaluation only covered phases 2A, 3A and 4A of the proposal, and not phases 2B and
3B which are within the application area. As a result further trial trenching has now
been carried out to areas 2B and 3B at the County Archaeologist’s request and the
County Archaeologist is now content that the proposal is acceptable subject to a
condition that :
‘No works shall take place until the applicant has secured the implementation of a
programme of archaeological work in accordance with a written scheme of investigation
which has been submitted by the applicant to, and approved by the Planning Authority.
This scheme shall cover archaeological fieldwork together with post-excavation work
and publication of the results.'
8.41 This would be necessary to secure the proper recording of the archaeological
remains that have been identified during the two phases of archaeological evaluation.
8.42
Given the above Archaeology matters are considered to be satisfied.
8.43 Landscape Impact – The applicant has submitted a detailed Landscape Visual
Impact Assessment (LVIA) for the proposal. This looks at the impact of the development
from a number of receptors (total 18) and at the landscape impacts during construction
and operational phases of the development. Extracts of the LVIA are set out below
together with the conclusions:
Introduction to the development and its potential to generate landscape and visual
effects 5.4 Although a large greenfield site, Curtis Fields is surrounded by residential
development and falls ‘within’ the Weymouth urban area. A large part of the site is low lying and
enclosed by the existing housing of Lanehouse and Westham and is in a location where
residential development would have limited landscape and visual effects; a point that was
recognised in the recent permission for the Phase 1 development.
5.5 The proposed alteration to the Local Plan (see Figure 2) would appear to make similar
conclusions about the area running south and upto Cockles Lane, including this land within the
proposed local plan as an area zoned for new housing.
5.6 The Phase 1 planning permission and the proposed change to the Local Plan make sense
from a landscape and visual perspective. There are impacts generated by the development of
these areas, but they are limited and largely contained within the environs of the site and are
more than balanced by the benefits to local housing availability in a sustainable location.
5.7 The Phase 2-4 masterplan includes the area of proposed change to the Local Plan and
then extends new housing into the higher land on the southern side of Cockles Lane. The
Phase 2-4 Development would potentially generate a range of landscape and visual impacts
including:
 Landtake and character impacts on the currently open landscape;
 Direct landscape impacts on existing landscape elements such as hedgerows and topography;
 Indirect landscape impacts on adjacent LCA’s from visual intrusion etc.;
 Visual impacts on residential amenity views from properties overlooking the site;
 Visual impacts on recreational walkers and other users of the footpath network that crosses
the site; and
 Potential landscape impacts on the function and purposes of the ‘Important Local Gap’ and on
the ‘Area of Local landscape of Importance’ local plan designation should these policies be
considered robust in the incoming local plan.
Mitigation
5.8 In considering these potential impacts the design of Phase 2-4 has been developed through
the iterative LVIA process to optimise the housing layout to avoid and minimise potential
landscape and visual impacts as follows:








Development of the more visually enclosed areas of the site and the previously
developed area of former ferry carpark and farm buildings;
Avoiding development on the best quality landscape to reduce any potential impacts on
the purposes and functions of the Area of Local Landscape of Importance designation
and on the open landscape more generally;
Avoiding development on the best quality landscape and it’s retention as a public open
space to reduce amenity impacts on existing site users;
Ensure that the landscape remains open across Lanehouse Rocks Road to maintain a
visual connection with the wider landscape and the South Dorset Ridge and Vale LCA
and reduce any potential impacts on the purposes and function of the Important Local
Gap;
Avoiding development of the most elevated sections of the site to reduce impacts on
views and indirect visual intrusion impacts on adjacent LCA’s;
Proposing bungalows on the highest part of Phase 3B to ensure that the skyline is not
further compromised by development, or that existing panoramic views from the ridge
are also not compromised;
Retention of the SNCI area and all woody vegetation it contains;
Retention of other woody vegetation and trees groups as a valuable and often historic
landscape element and as a screening element;

Incorporation of new native woody planting to reinforce all of the above:
o Strong southern boundary to reduce setting effects from the new housing on the
retained public open space and screen any potential views of the site from the north;
o Strengthen the planting either side of Cockles Lane to create a strong green corridor
and pleasant amenity feature;
o Strengthen existing boundary planting along Lanehouse Rocks Road to reinforce the
retained gap between the settlements of Lanehouse and Wyke Regis;
o Provide a boundary buffer between the enlarged school site and new housing
Phasing
5.9 The proposed development would be phased to meet demand and would take place over a
number of years. To do this construction of each phase would generally follow a pattern of work
of:
 securing the site and setting up of the site facilities;
 ecological and cultural heritage receptor site preparation and establishment prior to completion
of any ecological and cultural heritage mitigation works;
 services diversions and re-provision;
 site clearance including vegetation removal;  earthworks including topsoil strip;
 construction of mitigation features i.e. boundary landscape; and
 construction of housing including the roads
Landscape and visual effects
5.10 The landscape and visual assessment has followed the defined methodology of assessing
receptor sensitivity against the magnitude of change to identify a significance category for each
identified effect. This process has been documented in the landscape and visual assessment
tables and the Landscape Impact Assessment Diagram and is used as the basis for the
description of the likely significant landscape and visual effects for both the construction and
operational phases of the project.
5.11 For the operational phase, effects at day one and at day one plus 15 years have been
examined. This is to understand any potential benefits of mitigation that may accrue through the
maturing of the soft landscape that forms an intrinsic part of the development proposals.
5.12 Due to the outline nature of the application the ‘principles’ of the development have been
assessed as:
 Upto 500 dwellings generally two storeys high, but with some two and a half to three storey
landmark buildings and bungalows on the highest part of the Phase 3A site;
 the ridge height of the two storey buildings would be approximately 8.5m and the two to three
storey landmark buildings approximately 9.5m;
 individual phase areas as shown on the illustrative masterplan Figure 13;
 the main site access off Chickerell Road with a second accesses of Lanehouse Rocks Road
and Markham Avenue, and pedestrian only accesses from Cockles Lane and via Wyke Road;
and
 further pedestrian and vehicular links to the earlier phases of Curtis Fields
Construction Phase
5.13 Construction effects have been defined as those resulting from the temporary construction
work required to build out the proposals. As the project is constructed the permanent effects
from the ‘existence’ of the development are also brought about. These are effects that result
from the presence of the project itself and are assessed under the Operational Phase section of
this report
5.14 Although the full detail of the project would be provided by subsequent detailed
applications, the construction of Phases 2-4 would generate landscape and visual effects as
described below:
Landscape effects
5.15 Construction phase landscape effects may be both direct and indirect. Potential direct
landscape effects may result from:
 temporary effects to topography;
 additional vegetation loss due to temporary construction measures; and
 temporary changes to the site character resulting from construction activity.
5.16 The indirect effects on landscape character from construction may result from visual
intrusion (reinforced by noise intrusion) and from lighting effects. These may influence surround
landscape character areas.
Landscape character
5.17 As areas enclosed, in part at least, by existing housing and some busy roads the Phase
2A, 2B, 3A and 4A plot landscapes (14.26Ha) are of Low to Medium sensitivity. Construction
activity would bring about noticeable direct impacts on these areas of former farmland, with the
construction site busier than the baseline and with potential for lighting effects and noise from
construction plant and activity to reinforce the visual changes.
5.18 Direct construction phase landscape character impacts would be temporary and short term
adverse, of Moderate magnitude on a Low-Medium sensitivity landscape to realise Minor to
Moderate Adverse effects.
5.19 The Phase 3B landscape (4.6Ha) contains the visually enclosed previously developed site
of the ferry car park and farm building but higher parts of the phase are reasonably open.
Landscape sensitivity varies across these plots from Low-Medium to Medium. Construction
would introduction new elements into the landscape that would be prominent (in close proximity)
but would not be considered to be substantially uncharacteristic in this urban edge site. Impacts
would be temporary and short term adverse to realise Moderate Adverse landscape effects.
5.20 There would be no direct impacts on the off-site higher quality and more sensitive
landscapes to the south of the site, although indirect visual intrusion effects may result
depending upon the timing of the proposed southern boundary mitigation planting.
5.21 Offsite effects on the surrounding townscape would be limited to the immediate areas
adjacent to the site boundary. As relatively busy townscapes, with a level of ongoing
developmental change, construction activity would have a limited effect on these
townscapes…………………………
Visual effects
5.31 Direct visual effects of the construction would result from the temporary appearance of the
site, as construction works progress, and from the increased level of activity in the site
landscape. The effects of the removal of existing landscape features and permanent changes to
the site topography would also lead to ‘existence’ effects. These have been assessed as
operational effects. Phase 2A
5.32 As a low lying visually enclosed plot views from the wider landscape would be limited. With
Phase 1B already constructed, views of this area (not including those from Phase 1B) would be
limited to close in views from:
 Approximately 10no.residential properties along Litchfield Road (full, open upperstorey and
partial ground floor views);
 Approximately 13no. residential properties along Leamington Road (oblique, open upperstorey
and oblique partial ground floor views);
 5no. residential properties along Cockles Lane (oblique, open upperstorey and oblique partial
ground floor views); and
 Other more limited views from properties along Lanehouse Rocks Road (8no. properties) and
Roundham Gardens (5no. properties).
5.33 There would also be glimpsed view from publicly accessible viewpoints between these
properties e.g. VP11 Lichfield Road, from the Litchfield Road Allotments, from a 400m long
section of Cockles Lane (VP10A) and from the glimpsed view from Wyke Road (VP7).
5.34 The private residential amenity views would be the closest and most open of the available
views with the public amenity viewpoints either glimpsed between buildings or existing
vegetation. Changes to these views would occur through the temporary construction activities of
site clearance and house and road building and from the general increase in site activity in what
is currently a field. Construction effects would be temporary and short term adverse, but in close
proximity and of Moderate to Major magnitude on the most open residential amenity views
(Litchfield Road, 10no. properties). The public amenity views would also be in close proximity
for receptors on Cockles Lane, but elsewhere views would be much more limited. Effects would
be temporary short-term and Major Adverse for the closest private residential (Litchfield Road)
and public views (Cockles Lane) and Moderate to Minor Adverse for the remaining close-in
residential and public viewpoints.
Phase 2B
5.35 This plot has similar visual attributes to the Phase 2A plot but is overlooked by properties in
Westham. With Phase 1 and Phase 2A already constructed, views of this area (not including
those from Phase 1B and 2A) would be limited to close in views from:
 Approximately 3no.residential properties along Roundhayes Close (partial ground floor views);
 Approximately 5no. residential properties along Roundham Gardens (full, open upperstorey
and partial ground floor views); and
 Other more limited views from properties along Hardy Avenue (approximately 3no. properties)
and potentially views from some of the elevated west facing properties on streets such as
Bradford Road and Purbeck Close.
5.36 There would also be glimpsed view from publicly accessible viewpoints between these
properties e.g. VP1 Roundhayes Close, from a 400m long section of Cockles Lane (VP10B),
from the Primary School, and from a 200m long section of the footpath running to Markham
Avenue.
5.37 As with Phase 2A private residential views would be the closest and most open of the
available views with views from public locations either glimpsed between buildings or filtered by
existing vegetation. The changes to these views would be similar to Phase 2A and the resulting
construction effects would also be temporary and short term adverse. For the private residential
views in closest proximity effects would be Minor to Major magnitude depending upon the extent
of the available view (Roundham Gardens, 5no. properties and Roundhayes Close 3no.
properties). The public views of construction would also be in close proximity for receptors on
Cockles Lane, but elsewhere views would be much more limited. Visual effects would be
temporary short-term and Major Adverse for the closest private residential (Roundham
Gardens) and public views (Cockles Lane) and Moderate to Minor Adverse for the remaining
close-in residential and public viewpoints.
Phase 3A
5.38 Although elevated, the Phase 3 plot is enclosed and surrounded on three sides by housing
along Leamington Road, Lanehouse Rocks Road and Cockles Lane. The upper section of the
plot can be glimpsed in views from more elevated open land to the northwest (VP12 Lanehouse
Rocks Road and VP13 Charlestown). Views from the south of this plot would be prevented by
the overlapping layers of vegetation along Cockles Lane and in and around the SNCI.
5.39 With Phase 1 and Phase 2 already constructed, views of this area (not including those
from Phase 1 and 2) would be limited to
 Close in views from approximately 13no. residential properties along Leamington Road,
5no. residential properties along Cockles Lane and 8no. properties along Lanehouse
Rocks Road (full, open upperstorey and partial ground floor views);
 Close in views from a 100m section of Cockles Lane; and
 Glimpsed views from publicly accessible viewpoints between properties on Leamington
Road and Lichfield Road (VP11), from Litchfield Road Allotments, from Lanehouse Road
Rocks near to the Methodist Chapel (VP12) and Charlestown (VP13).
5.40 Construction Phase visual impacts for Phase 3A from the properties facing onto the plot,
the allotments on Litchfield Road and a short section of footpath (Cockles Lane) would vary with
the extent of the intervening boundary vegetation and the altitude of the receptor location
relative to the plot. For the most open views e.g. from upperstorey windows of properties on
Leamington Road the short term, temporary visual changes would also be open and in close
proximity and of Major magnitude. Elsewhere impacts would be less noticeable and of Moderate
or Minor magnitude. The resulting visual effects would be locally Major Adverse but more
generally Moderate/Minor
Phase 3B
5.41 This Phase contains the highest and most open land of all of the phases, it also contains a
visually enclosed area south of Cockles Lane which contains the former ferry car park and farm
building. This area of the Phase 3B is less overlooked than the other plots with limited close
filtered views from properties along the west side of Lanehouse Rocks Road and Cockles Lane.
More widely the Phase 3B site is reasonably well screened from the east, although the houses
on Lanehouse Rocks Road are glimpsed in views such as Francis Road (VP4). Views from the
south are limited by the topography and vegetation in and around the SNCI although the roof
tops of the houses on Cockles Lane are visible from the footpath running down from Wyke
Regis cemetery. Relative to the Phase 2 and 3A plots this area of land is more visible in the
middle and longer distance views from the north-west, north and north-east.
5.42 With Phase 1-3A already constructed, views of this area (not including those from Phases
1-3A) would be from:
 Close in filtered views from approximately 5no. residential properties along Cockles Lane and
8no. properties along Lanehouse Rocks Road;
 Close in views from a 100m section of Cockles Lane;
 Partial and filtered views from a 200m long section of the footpath from Wyke Regis (VP8);
 Glimpsed views from the upperstorey windows of the housing on the top of Lanehouse Road
Rocks near VP9, and potentially from Markham House due to its elevated viewing position; and
 Middle distance views from the north-west (VP12 and 13); and
 Long distance views from the north and north-east (VP 14-18).
5.43 As with the other development phases, the construction phases visual changes would
occur through the temporary construction activities of site clearance and house and road
building and from the general increase in site activity in what are currently fields. Construction
effects would be temporary and short term adverse but would be noticeable for the limited
number of viewpoints in close proximity (Moderate magnitude). The changes to the middle
distance views from the north-west would be smaller scale but would incrementally extend
construction works from the existing urban edge and into green ribbon of farmland
(Moderate/Minor magnitude). Changes to the longer distance views would be small scale as it
would be difficult to perceive construction activity at these viewing distances
5.44 Construction phase visual effects would be temporary and short term adverse, of locally
Moderate to Minor magnitude and of Moderate to Minor Adverse
Phase 4A
5.45 As with the Phases 2A and 2B some of this land is lowlying and much of it relatively
enclosed. This enclosure is provided by landform and vegetation to south and builtform (housing
and the school) to the north. With Phases 1-3 already constructed, views of this area (not
including those from Phase 2b) would be limited to close in views from:
 Approximately 5no. residential properties along Hardy Avenue (full and oblique, upperstorey
and partial ground floor views);
 Approximately 2no. residential properties along Markham Avenue (full and oblique,
upperstorey and partial ground floor views);
 Approximately 5no. residential properties along Francis Road (full and oblique, upperstorey
and partial ground floor views); and
 Other more limited views from some of the elevated west facing properties on streets such as
Bradford Road and Purbeck Close, and the lower lying properties on Roundhayes Close.
5.46 There would also be glimpsed view from publicly accessible viewpoints between these
properties e.g. VP1 Roundhayes Close, VP4 Francis Road, VP5 Baycliffe Road, from the
Primary School, and from a 300m long section of the footpath running to Markham Avenue.
5.47 The visual changes would be noticeable in the close views and depending upon the angle
of view and presence of intervening vegetation, the impacts would be Major to Minor adverse
magnitude and the resulting effects Major to Minor Adverse. The footpath would be realigned
along the side of the new development resulting in Major Adverse visual construction phase
effects. Visual changes from more southerly and higher viewpoints would be diminished by
distance but would still remain noticeable and be Moderate Adverse. The changes from
viewpoints such as Roundhayes Close would be partially screened by the Phase 2B
development resulting in Minor Adverse effects.
Operational Phase Landscape effects
5.48 Operational phase landscape effects may be both direct and indirect. Potential direct
landscape effects may result from:
 land take resulting in changes to landscape character, sensitivity and quality;
 topographical change; and  vegetation loss.
5.49 Potential indirect operational phase effects on landscape character of the site may result
from:
 visual intrusion from the built environment and the activity of people living on the site;
 noise intrusion from the built environment and the activity of people living on the site; and 
lighting effects.
5.50 Balancing these adverse effects would be the beneficial changes that would result from
there being a completed development in a mature landscape setting. The immediate ‘change’
from the construction phase would be reduced and the landscape would grow to tie the
buildings into the land and screen and filter views.
Landscape Character
5.51 As an urban fringe landscape moderately (Low-Medium) sensitive to change, the
operational activity of people living in the new housing would bring about noticeable change in
the character of the site, if not the adjacent townscape areas. The housing development would
be a busier scene than the baseline and there would also be lighting effects and noise.
Operational activity effects and existence effects, resulting from the presence of the
development, would be permanent.
5.52 At day one there would be a noticeable change in the landscape character from
Poor/Ordinary farm land, of limited scenic value, to a planned townscape constructed to a high
standard from sympathetic local materials and styles. There would be changes to the open
green character of the site, but these would be balanced by the creation of a new high quality
area of townscape integrated well with the existing residential areas.
5.53 The public open space at the south of the site would maintain an open green gap between
Lanehouse and Wyke Regis, would retain a locally valued green open space, and would also
help maintain the existing setting to a heritage asset (Markham House).
5.54 The southern boundary to the site would be planted with a strong landscape buffer to
prevent visual intrusion from the new housing on the public open space and form an attractive
setting to the footpath running from Wyke Regis to Markham Avenue.
5.55 At year 15 the landscape of the site would be maturing, with woody vegetation screening
the development on southern boundary. The large public open space to the south and any
smaller ones within the development would create attractive focal spaces to the new housing,
and for the adjacent areas of Lanehouse and Westham. This would improve the wider
townscape character and provide important recreational and sustainability functions. 5.56 Any
effects of the wider landscape character beyond the borough would be minimal. There would be
no direct effects on the character of the AONB and indirect intrusion based effects would be
diminished distance and not significant.
5.57 Operational effects would be permanent and long-term, and a combination of both adverse
and beneficial. At day one these impacts would be of Moderate magnitude on a landscape of
Low-Medium to Medium sensitivity and would realise Minor/Moderate to locally Moderate
Adverse effects (highest plot of Phase 3B). At year 15, with a maturing scheme, effects would
become to be Minor Adverse to Neutral on balance
Planning Policy Designation
5.58 The new housing layout would result in a noticeable change to the baseline of former
farmland to that of residential landuse, a change that would have potentially significant effects
on the purposes and function of the Area of Local Landscape Importance (Policy N12) and the
Important Open Gap (Policy D2) designations. However the site layout conserves the best
(Good) quality landscape within the site, utilising the Ordinary to Poor quality landscape. It also
retains a functional gap between the settlement of Wyke Regis and Weymouth on the
Lanehouse Rocks Road. It should also be noted that these settlements are already connected
through Westham and are essentially a single urban area.
5.59 Although there would be incremental adverse changes on the local gap functionality, in
particular, the operational phase works would realise no significant landscape effects on the
purposes and function of the ‘Important Open Gap’ or on the ‘Area of Local Landscape
Importance’ policies. Vegetation
5.60 The illustrative masterplan (Figure 13) demonstrates how the majority of the existing trees
and shrubs would be retained on site. This would include all of the tree groups and individual
trees that are significant in landscape terms. Roads and pathways would require breaks in the
existing hedgerows and along Cockles Lane but these would be small scale local effects that
would not alter the overall network of hedgerows (planned field enclosures) within the phase
plots.
5.61 Balancing this small scale local loss is the significant tree and shrub planting that would
take place around the site boundary, along with the removal of dead elms and alien sycamores.
This would consist of native species and positively contribute to the wooded character of the site
and help reinforce field boundaries that are currently in poor condition.
5.62 Day one Operational impacts would be permanent adverse and of Minor magnitude on
low/medium sensitivity landscape features to realise locally Minor Adverse effects. At year 15,
with a maturing planting scheme, effects would become beneficial on balance and noticeable
(Moderate Beneficial). Topography and drainage
5.63 The housing and roads would step with the existing topography, in line with the existing
townscape of Lanehouses and Westham. There would be small scale local topographical
changes to obtain acceptable crossfalls on roads and pathways etc. but generally the existing
topography would be retained with no fundamental change.
5.64 Day one operational impacts would be permanent Minor magnitude and adverse and
would result in Minor Beneficial effects that would continue through to year 15 and beyond.
Visual effects
5.65 Operational visual effects are changes to views that would be apparent on opening day
and at Year 15. These include both intermittent and long term visual changes that would occur
through the operation of the housing and permanent visual changes that would result from the
existence (or presence) of the new development.
5.66 The visual changes would follow a similar pattern to that described for the construction
phase as the operation activities and visual changes would occur in the same locations and
relative to the same visual receptors. The TZV’s for the individual phases do not differ markedly
from that of the Baseline ZV. This demonstrates that development of this site would not
markedly change its intervisibility with its surroundings only the content of the view, with new
housing and roads seen instead of fields.
Phase 2A
5.67 Visual changes would result from the presence of new housing and streets in views and
through the activities of the new occupants moving around, switching on lights and creating
noise etc. These effects would largely be on receptors already living in housing estates in the
Weymouth urban area. The loss of the rear views of open fields would undoubtable be an
unwelcome change for some, but these are residential amenity views over third party land.
Furthermore the detailed layout of the eventual scheme would be such to maintain an
acceptable, if predominately urban, outlook from these properties.
5.68 These changes would be visible from upperstorey windows and their groundfloor rooms
and gardens of 10no. properties along Litchfield Road, 13no. properties along Leamington
Road, 5no. properties along Cockles lane and to a lesser degree to 8no. properties and 5no
properties along Lanehouse Rocks Road and Roundham Gardens. Changes would be of
Moderate to Minor magnitude depending upon individual circumstances. Visual changes to the
publicly accessible viewpoints between these properties e.g. VP1 Roundhayes Close and from
the 400m long section of Cockles Lane (VP10B) would be similar but the changes to the views
from the Primary School, and from a 200m long section of the footpath running to Markham
Avenue would be less noticeable.
5.69 Day one effects would be permanent, short and long term and generally adverse, although
improvements to the immediate setting of Cockle Lane would realise some beneficial changes
to these receptors. These beneficial changes would become more noticeable as the site
landscape matured to create more attractive views up and down Cockles Lane. Changes would
be Moderate to Minor Adverse for the residential amenity views by year 15 and Minor
Beneficial on balance for the views from Cockles Lane.
Phase 2B
5.70 Changes to these operational phase views of this plot would be similar to Phase 2A. For
the private views in closest proximity the effects would be Minor to Moderate adverse
magnitude depending upon the extent of the available view (Roundham Gardens, 5no.
properties and Roundhayes Close 3no. properties). The close public views (Cockles Lane)
would enjoy similar visual effects from the on plot development but these would be balanced by
the improvements to the Cockles Lane landscape enhancing the immediate context of this
viewpoint. Day one operational visual effects would be permanent long and short-term and
Moderate Adverse for the closest residential views (Roundham Gardens) and Minor Adverse
for the remaining close-in residential and public viewpoints. The views from Cockles Lane would
be Moderate Adverse on day one and Neutral on balance at year 15.
Phase 3A
5.71 Operational Phase visual impacts for Phase 3A from the properties on Leamington Road
facing onto the plot and the allotments on Litchfield Road would vary with the extent of the
intervening boundary vegetation and the altitude of the receptor location relative to the plot. For
the most open views e.g. from upperstorey windows of properties on Leamington Road the long
term permanent visual changes would be open and in close proximity and of Moderate adverse
magnitude. Elsewhere impacts would be less noticeable and of Moderate or Minor adverse
magnitude. The resulting visual effects would be locally Major Adverse but more generally
Moderate/Minor Adverse. Adverse effects on the short section of footpath (Cockles Lane)
resulting from the altered visual context of fields to housing would be balanced by the landscape
improvements to Cockles lane and its immediate context. Effects here would be Minor Adverse
on day one and Minor Beneficial by year 15 on balance.
Phase 3B
5.72 Operational phase visual effects would be small scale but noticeable for the limited number
of viewpoints in close proximity. These include views from footpaths in the south of the site
which would look down onto Phase 3B at day one, seen against the housing of Lanehouse
below (Moderate/Minor magnitude). By year 15 these views would be filtered by the new
southern boundary planting and retained SNCI vegetation resulting in changes of Minor adverse
to no change magnitude resulting in Minor Adverse visual effects at day one and Minor
Adverse to Neutral effects at year 15.
5.73 The changes to the middle distance views from the north-west would result from the
incremental extension of housing from the existing urban edge and into green ribbon of
farmland. Impacts would be Moderate/Minor magnitude to realise Minor to Moderate Adverse
effects from day one onwards. Changes to the longer distance views (including AONB) would
be small scale and under most viewing conditions it would be difficult to see sufficient detail at
these viewing distances. On the clearest of days development within Phase 3B could be seen to
reduce, or partially close off the green ribbon of landscape running from site to the wider
landscape in the west. This would potentially be most noticeable in the wider panoramic views,
but would remain a scale of visual change that would be missed by many casual viewers.
Effects would be of Minor Adverse significance, recognising that some receptors under the
best viewing conditions may consider these visual changes to be more noticeable (Moderate
Adverse).
Phase 4A
5.74 The visual receptors for this phase of the development would be:
 Approximately 5no. residential properties along Hardy Avenue (close, full and oblique,
upperstorey and partial ground floor views);
  Approximately 2no. residential properties along Markham Avenue (close, full and
oblique, upperstorey and partial ground floor views);
  Approximately 5no. residential properties along Francis Road close, (full and oblique,
upperstorey and partial ground floor views);

  More limited views from some of the elevated west facing properties on streets such
as Bradford Road and Purbeck Close and the lower lying properties on Roundhayes
Close;  glimpsed views from publicly accessible viewpoints between these properties
e.g. VP4 Francis Road and VP1 Roundhayes Close;
  glimpsed views from the Primary School, and
  close, full views from a 300m long section of the footpath running to Markham Avenue.
5.75 The visual changes to the residential receptors would be more noticeable in the close
views and, depending upon the angle of view and presence of intervening vegetation, the
impacts would be Moderate to Minor adverse magnitude to realise Moderate to Minor Adverse
effects. The footpath would be realigned along the side of the new development but set within a
new landscape buffer to provide an open green setting a resulting in no visual change once this
landscape had matured (year 15). Effects would be Moderate Adverse significance at day one
reducing to Minor Adverse or Neutral on balance at year 15, depending upon the efficacy of
boundary mitigation and the detailed composition of the individual viewpoints.
Views from the Dorset AONB
5.76 Although visual receptors in these locations would be highly sensitive to any visual
changes, the site is, and would remain, a small element in these southerly panoramic views.
Any visual changes to the site would be small scale, incremental and viewed within the wider
urban context of a panoramic view. Operational phase effects would be not be significant at day
one onwards.
Summary of Construction Phase Landscape and Visual effects Construction
Phase 5.77 Direct landscape impacts would result in small scale temporary effects from the site
stripping operations and vegetation removal required to facilitate construction, and from the
appearance of the site, as construction works progress, temporarily changing the landscape
character; a Moderate Adverse effect on each Phase of the development.
5.78 Construction activity would also bring about smaller scale, indirect, temporary effects on
the adjacent townscape character through visual and noise intrusion and temporary lighting
effects.
5.79 Visual effects would be generally more noticeable during the visually ‘busy’ construction
phase as a result of the rapid changes in the appearance of the site. These temporary effects
would be local in scale and although locally Major Adverse would be of most importance to
private individuals. Although some public viewpoints, such as those along Cockles Lane, would
experience similar scale visual changes to the private views (Major Adverse effects), changes
to public views would be generally less noticeable and would result in Moderate/Minor
Adverse effects.
5.80 Although the direct construction phase landscape effects would not be entirely out of
character for a site surrounded by existing housing, the extent and location of the construction
activity would result in a temporary but significant landscape effect. The indirect effects on
surrounding landscapes and townscape would be smaller in scale and not significant.
Construction phase visual effects would be temporary and significant in terms of the close in
private amenity views, however the impacts on publicly available viewpoints would be more
limited and would only be locally significant for receptors on the footpaths within the site and
closest to the construction activity. Operational Phase
5.81 The change from open green pastureland to housing would bring about permeant changes
to the landscape and to people’s views of it. These changes would include noticeable adverse
effects resulting from the loss of the open predominantly green view, but many of these close
baseline views have low scenic value and contain visually detracting features. The replacement
views would be of a good quality housing development constructed using locally sympathetic
styles and materials. The effects from these visual changes would start to balance each other at
day one and, as the scheme matured, realise beneficial visual effects (Minor Beneficial),
particularly for the northern section of the site.
5.82 Views of new the housing and infrastructure from the wider AONB countryside would be
diminished by viewing distance and the changes would be seen as small scale, incremental and
not significant.
5.83 Effects on landscape character would be limited to the site and its immediate environs.
These effects would also be a balance of adverse and beneficial changes. Adverse effects on
the openness of the site and from the localised, small-scale loss of existing site features would
balance those resulting from creation of a new good quality townscape within the wider urban
context and from with the enhancement of the off-site Public Open Space and retained features
such as Cockles Lane. After the site had matured (15 years from completion) these changes
would be Minor Adverse to Neutral on balance and not significant.
5.84 Although there would be incremental adverse effects on the local gap functionality, in
particular, the site layout conserves the best (Good) quality landscape and retains a functional
gap between the settlement of Wyke Regis and Weymouth on the Lanehouse Rocks Road. The
operational phase works would realise no significant landscape effects on the purposes and
function of the Important Open Gap nor on the Area of Local Landscape Importance policies.
6.0 Mitigation And Enhancement Measures
6.1 The illustrative masterplan design has incorporated landscape and visual measures to
prevent or reduce construction and operational effects as an integral part of the design
development process. These measures have been taken into account in the foregoing
assessment of potential landscape and visual effects.
6.2 Further detailed measures to prevent or reduce construction effects, may be set out in a
Code of Construction Practice (CoCP). These would include best practice measures and would
be put in place during any detailed planning negotiations as the site was brought forward for
development. 6.3 Management plans for the existing and proposed site vegetation may also be
brought forward as part of any detailed planning negotiation and permission. This would ensure
the maximum benefit of these mitigation measures.
7.0 Residual Significant Impacts
7.1 As the measures to prevent or reduce construction and operation phase landscape and
visual effects form an integral part of the assessed illustrative design for the project no further
measures have been incorporated. The assessment would remain unchanged from that
previously identified in the foregoing assessment.
8.0 Cumulative Impacts
8.1 A review of approved planning applications in the W&PBC has shown that there is large
scale residential development at Chickerell (CG Fry at Putton Lane) which would have the
potential to interact with the proposed development. The sites are geographically separate and
would not, by combination, result in the coalescence of Chickerell and Weymouth.
8.2 The only potential interactive effect would result on views from the higher ground within the
AONB, with Curtis Fields Phase 2-4 and the Putton Lane development visible in the same views
e.g. VP14 Friar Waddon Hill. Although the visual receptors are potentially highly sensitive in
these viewpoints any additional changes from the Putton Lane development would be small
scale and would not add significantly to the effects identified for the Curtis Fields development.
8.3 Other housing development sites are relatively small scale and would be seen as small
scale extensions to existing settlements.
9.0 Limitations And Assumptions
9.1 The limitation of assessing potential intervisibility of the proposed development with its
surroundings during the summer months has been discussed in the ‘Visual Baseline’ section of
this report. As a large number of the important vegetation blocks within the study area are
dense and twiggy, any potential seasonal changes due to deciduous vegetation have been
considered as not significant.
9.2 This assessment, although focusing on detailed themes and issues, is assessing an outline
planning application with an illustrative masterplan. As such the assessment and findings of this
report could differ to those of any final scheme that may be brought forward.
10.0 Conclusion
10.1 This site, situated on the urban edge of the Weymouth, provides an excellent opportunity to
create much needed housing in a sustainable and desirable location whilst realising minimal
adverse landscape and visual effects.
10.2 The site provides the opportunity to extend the existing urban area in a logical way by
utilising urban edge landscape generally of low scenic beauty.
10.3 The development would provide a network of new attractive public open spaces that would
act as focal points, not only to the site, but to the adjacent Lanehouse and Westham townscape.
These would provide important play and community interactivity functions and help realise
ecological and sustainability benefits.
10.4 The proposals would:
 conserve and enhance the best quality site landscape, including its natural features;
 respect the historic character and development pattern of the adjacent settlements, taking into
account their distinct identity and setting;
 not lead to actual or perceived coalescence of settlements; and  not bring about significant
adverse effects on views into and out of the Dorset AONB
8.44 Education – DCC as Education Authority has confirmed that they will be looking
to secure developer contributions towards the provision of education capacity as a
result of the Phase 2-4 of the Curtis Field Development. As set out in para 5.5 they
outline that Weymouth population projections for school age children have been
showing a significant year on year rise over the last 5 years and this has resulted in an
additional 1FE bulge being added to the primary provision in the centre of the town for
the September 2014 intake at 4+ (Reception Year Group). In addition a permanent 0.5
FE has been added (100+ places) at Chickerell to address the existing birth-rate rises
there as well.
8.45 Based on the published formula for assessing pupil impact of a housing
development, they anticipate 95 Primary, 75 Secondary and 21 ‘Post 16’ leaners to be
generated from this development based on up to 500 houses.
8.46 The Curtis Field Development falls within the Conifers Primary catchment area.
This school has a published admission number (PAN) of 60 and over a 7 year cycle has
a total capacity of 420 children. Current projections indicate that the catchment area has
in excess of 70 children projected to be looking for places at the school from September
2015 onwards in the Reception Year Group. There is also a non catchment Roman
Catholic School Primary Schools and they have also filled in all year groups year on
year.
8.47 From a Secondary School perspective, as these numbers start to filter through to
this phase, there will be a need to develop and enhance the secondary provision.
Though Wey Valley and All Saints may not be full to the gross capacity of the building,
were they to do so then work would be required to ensure the curriculum provision for
these elevated numbers is appropriate. There is also likely to be a need to increase
overall capacity should the anticipated numbers of children from all new housing
materialise. Budmouth is also full and oversubscribed.
8.48 Dorset County Council has therefore developed a mechanism for identifying the
contributions required. Across Primary and Secondary phases DCC have identified for
Weymouth a per housing unit cost of £6,169. This mechanism was scrutinised and
adopted by Dorset County Council Cabinet on the 4th December 2013. Dorset County
Council looks therefore for a total contribution of up to £3,084,500 for Phases 2-4.
8.49 Given the size of the development, the provision of additional land by the
developer at no cost to the County Council to accommodate the expansion of St.
Augustine’s RC Primary, as currently proposed, would be in addition to the S106
contribution outlined above.
8.50 As such DCC has confirmed that a contribution of £6,169 per dwelling is required
but this would not be applicable for any 1 bed housing unit (normally for couples/singe
person units). At this outline stage it is not known the detail of house units but this would
be included in a Section 106 Agreement. Currently DCC and the applicant are
discussing the valuation of the land to be offered by the developer to accommodate the
expansion of St. Augustine’s RC Primary as the applicant is unwilling to give that land
away for nothing.
8.51 Section 106 Issues – Policy C15 (Planning Obligations for Community Facilities)
of the adopted Local Plan states that where development would place a significant and
unacceptable demand on the existing local social infrastructure it will not be approved
unless by negotiation it is agreed to make appropriate provision commensurate with the
additional needs the development would generate. Where the necessary provision
cannot be made as part of the development, a financial contribution in lieu thereof may
be acceptable. This would be used to help fund additional community facility provision
that is within an identified programme and would serve the needs of the development.
Regulation 122 (2) of the Community Infrastructure Levy also has 3 tests:
(2) A planning obligation may only constitute a reason for granting planning permission
for the development if the obligation is—
(a) necessary to make the development acceptable in planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kind to the development.
8.52 The application in meeting the above tests would require the following matters to
be the subject of a Section 106 Agreement:
 30% off site affordable housing provision as is proposed (up to 150 dwellings) ;
 an Education contribution of £6169 per dwelling (index linked) for any 2 or more
bed dwellings (no contribution required for 1 bed units) along with the transfer of
land at the rear of St Augustine’s school for Education purposes ;
 satisfactory details of the future management of the proposed open space for
public recreation access and future management of the SNCI area
 highway contributions as follows:
A) A contribution of £50,000 towards revising signal timings on the local
signalised network and also towards improvements to provide a right turn
stacking area southbound on Lanehouse Rocks Road turning into Lynch
Lane. This is known to cause problems in the pm peak with vehicles queuing
back across the junction of Lanehouse Rocks Road and Chickerell Road
B) A contribution of £220,000 will be provided to Dorset County Council prior to
completion of the 50th dwelling in the phase 2 development. Dorset County
Council will work with operators to secure and maintain passenger transport
services near/through the site including revenue support for a period of 5
years while services move to commercial viability. Within the conditioned
travel plan there will be measures to promote the use of the passenger
transport services with incentives to encourage use
 financial contributions towards the following off site recreation facilities at the
Marsh as follows:
Skate park – £200,000 - £220,000 .
BMX track – £35k-45k.
Parkour course – £25k-£30k
 Biodiversity Mitigation contribution - £7000
9 SUMMARY OF ISSUES (Planning Balance)
9.1
The proposal is part of an allocated site in the Emerging Local Plan and although
it proposes the development of housing beyond the WEY10 allocation it is considered
that the principle of the development is nevertheless acceptable. The NPPF introduces
a “presumption in favour of sustainable development”, which it refers to as a “golden
thread” running through both plan-making and decision-taking. As regards decision
taking it defines (para 14) this presumption as:
•
Approving development proposals that accord with the development plan without
delay; and
•
Where the development plan is absent, silent, or relevant policies are out-of-date,
granting permission unless:
 Any adverse impacts of doing so would significantly and demonstrably outweigh
the benefits, when assessed against the policies in this Framework taken as a
whole; or
 Specific policies in this Framework indicate development should be restricted
9.2
The application site is located outside of the Defined Development Boundary
outlined in the Adopted Weymouth and Portland Local Plan (2005) . The site is and set
within an Important Open Gap(IOG) which is protected from development to prevent
the coalescence of settlements and retain an area of important local amenity value.
9.3
Since the Local Plan was adopted, the NPPF has come into effect. The
presumption in favour of sustainable development at Para 14 of the NPPF says that
For decision –taking:
• Approving development proposals that accord with the development plan without
delay; and
•Where the development plan is absent, silent, or relevant policies are out-of-date,
granting permission unless:
-
-
Any adverse impacts of doing so would significantly and demonstrably
outweigh the benefits, when assessed against the policies in this Framework
taken as a whole; or
Specific policies in this Framework indicate development should be restricted
9.4
The guidance in the NPPF was an important consideration taken into account
when planning consent for Phases 1A and 1B were granted at a recent in appeal in
January 2014. The Inspector highlighted that the Council had “severe and substantial
shortfall in the supply of deliverable housing sites over the next 5 years” and that the
existing Local Plan was out of date. The provisions of the NPPF in relation to
sustainable development therefore applied. Set against this she recognised the
importance of the Area of Local Landscape Importance (ALLI) and the Important Open
Gap (IOG) policies. However she concluded that “ harm relating to the ALLI and the
IOG would not significantly and demonstrably outweigh the benefits, particularly those
relating to housing land supply and affordable housing”. These issues continue to be
relevant on considering the current planning application
9.5
Another very important consideration is that currently the Council cannot
demonstrate a 5 year supply of housing land and currently there is a 3.2 year supply .
This is critical because where a planning authority cannot demonstrate a five year
supply of deliverable sites, the NPPF advises that the relevant housing policies in the
Local Plan cannot be considered as up-to-date (paragraph 49). In such situations the
presumption in favour of sustainable development in the NPPF prevails and paragraph
14 advises that where the development plan is out-of-date, proposals should be granted
unless the adverse impacts of the development “significantly and demonstrably
outweigh the benefits” or specific policies in the NPPF indicate the development should
be restricted.
9.6
In practice this means that, due to the lack of 5 year land supply, the Council
could not seek to resist the development on the basis that the site lies outside the
development boundary. The fact that the proposed development lies outside the defined
development boundary does not in itself constitute sufficient reason for refusal The
location is sustainable one being directly adjacent to the existing developed area of
the conurbation of Weymouth and is ‘sustainable’ in terms of the availability of public
transport and its proximity to local facilities with access to schools, community facilities
and employment opportunities. The development of the site would therefore represent
sustainable development in terms of the NPPF.
9.7
The Pre-Submission Draft (June 2012 ) with Proposed Modifications (June 2013)
of the West Dorset, Weymouth and Portland Local Plan identifies the site for residential
development and a draft policy to guide development of the site is set out at WEY10. It
is one of a number of large strategic sites allocated to meet the overall development
needs of the two Districts and is well located within the existing built up area close to
community facilities, shops, schools, employment areas and the transport network. The
Submitted Plan proposes a total allocation of 320 homes on the site, of which 180
already has planning consent.
9.8
Planning permission has already been granted on appeal for 180 units Phase 1A
(detail) and Phase 1B (outline) This development is now on site and under construction.
The WEY10 allocation proposes a further 140 units north of Cockles Lane, giving an
allocation of 320 dwellings in the Local Plan .The current outline application proposes
a total of up to 500 new homes in addition to the 180 already granted, bringing the
proposal in total to a potential figure of up to 680 dwellings.
9.9
The examination hearings into the Local Plan were held in November/December
2014.The Inspector highlighted the difficulties which the Councils face in allocating
sufficient housing land to meet overall requirements, both over the plan period as a
whole and over the next five years. Without an sufficient supply of deliverable housing
land, the Councils risk the plan being found unsound. Development of this site is
important strategically, as it helps meet overall housing requirements but also as it is
one of the few large sites which is located within the urban area and where
development would not impact on for example statutory landscape designations such as
the Area of Outstanding Natural Beauty. At the Examination the Inspector heard
evidence from the developer/landowner that there was potentially scope to deliver more
housing on the site (up to a total of 680 homes) by extending it to the south. This
extension would significantly increase the level of development to more than double the
amount proposed through policy WEY10. This additional development would lead to
increased landscape, traffic/access and biodiversity impacts. From a housing land
supply and planning policy perspective further development to the south would help
meet the land supply shortfall. During the examination, the Inspector heard from
interested parties about their concerns about the potential loss of open land to the south
which they considered to be an important local asset. Therefore, an important proviso
would be that firm proposals to ensure public access, any necessary improvements and
proper management arrangements for the area of open space to the south are
secured. An
9.10 The policies in the emerging Local Plan are afforded some weight as they have
been subject to extensive public engagement including consideration at the recent
examination hearing sessions. Further modifications have been proposed are currently
being consulted on and the Inspector’s final report is awaited. Only very minor
modifications to WEY10 to ensure consistency with other policies are proposed.
9.11 The current application proposes development at a scale over and above that
prosed in the submitted Local Plan. Looking in turn at the three dimensions of
sustainable development (social/economic/environmental) .the additional up to 500
homes proposed in the current application would make an important contribution to
addressing the Council’s housing land supply deficit. The additional contribution towards
affordable housing provided by the development would also be an important benefit.
There would also be benefits to growth and the economy during the construction phase
and the site is well located in relation to employment opportunities at nearby industrial
estates. However there would be a significant reduction in the size of the open gap
which serves to keep the two parts of the urban area separate. The impact of this could
be reduced and mitigated through securing proper management arrangements for the
remaining open space to the south.
9.12 Finally the proposals should be granted permission therefore unless the adverse
impacts of the development “significantly and demonstrably outweigh the benefits” or
specific policies in the NPPF indicate the development should be resisted.
9.13 The applicant has usefully outlined the ‘benefits vs adverse’ effects as outlined
below
Adverse Impacts
 The area of land for housing is more than shown in the emerging local plan
 The area of open space shown in WEY 10 is less. That open space is currently of
limited benefit to local residents. Public rights of way will be retained. Other
access is currently permissive.
 The development will have some visual impact in the landscape. The impact will
be mitigated by strategic landscape planting.
 The development will generate more traffic in the area. This will be mitigated by
highways improvements and a green travel plan.
 There will be some disturbance of wildlife. This will be mitigated by translocation
of affected species, the provision of nesting sites, and the delivery of a green
infrastructure.
 It will pre-empt a decision in the local plan about the level of development in this
locality. There is not sufficient provision in the emerging local plan to meet the
identified needs of the HMA. The additional level of provision is not so great as to
impact adversely on decisions about the scale and location of development.
Benefits Arising
 The proposal will deliver more housing helping to satisfy the identified need.
 The proposal will deliver much needed affordable housing in an area where the
established need is unlikely to be met by current and emerging local plans.
 The proposal will create employment over a significant period. A development of
this type will typically deliver direct and indirect jobs for 100-120 people per
annum.
 The proposal will deliver New Homes Bonus to the local authority to be spent on
local infrastructure.
 The proposal will bring greater spending power to the local economy, benefitting
existing businesses.
 It will increase the labour force in the area and encourage new employment
development in the area.
 The proposal will enable the provision of more primary education places.
 It will provide funding to enable the enhancement of recreation facilities. The
NEAP/MUGA will be available to existing local residents as well as new
residents.
 The proposal will create additional pedestrian and cycle route through the
development enhancing access by existing local residents to the town centre,
places of employment and recreation facilities.
9.14 The developer proposes a number of Section 106 obligations listed below 30%
off site affordable housing provision as is proposed (up to 150 dwellings) ;
 an Education contribution of £6169 per dwelling (index linked) for any 2 or more
bed dwellings (no contribution required for 1 bed units) along with the transfer of
land at the rear of St Augustine’s school for Education purposes ;
 satisfactory details of the future management of the proposed open space for
public recreation access and future management of the SNCI area
 highway contributions as follows:
o A contribution of £50,000 towards revising signal timings on the local
signalised highway network and also towards improvements to provide a
right turn stacking area southbound on Lanehouse Rocks Road turning
into Lynch Lane. This is known to cause problems in the pm peak with
vehicles queuing back across the junction of Lanehouse Rocks Road and
Chickerell Road
o A contribution of £220,000 will be provided to Dorset County Council prior
to completion of the 50th dwellingas part of the phase 2 of the
development. Dorset County Council will work with operators to secure
and maintain passenger transport services near/through the site including
revenue support for a period of 5 years while services move to commercial
viability. Within the conditioned travel plan there will be measures to
promote the use of the passenger transport services with incentives to
encourage use
 financial contributions towards the following off site recreation facilities at the
Marsh as follows:
Skate park – £200,000 - £220,000 .
BMX track – £35k-45k.
Parkour course – £25k-£30k
 Biodiversity Mitigation contribution - £7000
9.15 These obligations help to mitigate the adverse impacts of the development .The
proposals should therefore be granted planning permission unless Committee considers
the adverse impacts of the development “significantly and demonstrably outweigh the
benefits” :
10
RECOMMENDATION
10.1 Delegate to the Head of Planning (Development Management & Building Control)
to grant outline planning permission subject to the completion of a Section 106
Agreement regarding
 30% off site affordable housing provision as is proposed (up to 150 dwellings) ;
 an Education contribution of £6169 per dwelling (index linked) for any 2 or more
bed dwellings (no contribution required for 1 bed units) along with the transfer of
land at the rear of St Augustine’s school for Education purposes ;
 satisfactory details of the future management of the proposed open space for
public recreation access and future management of the SNCI area
 highway contributions as follows:
o A contribution of £50,000 towards revising signal timings on the local
signalised highwaynetwork and also towards improvements to provide a
right turn stacking area southbound on Lanehouse Rocks Road turning
into Lynch Lane. This is known to cause problems in the pm peak with
vehicles queuing back across the junction of Lanehouse Rocks Road and
Chickerell Road
o A contribution of £220,000 will be provided to Dorset County Council prior
to completion of the 50th dwelling as part of phase 2 of the development.
Dorset County Council will work with operators to secure and maintain
passenger transport services near/through the site including revenue
support for a period of 5 years while services move to commercial viability.
Within the conditioned travel plan there will be measures to promote the
use of the passenger transport services with incentives to encourage use
 financial contributions towards the following off site recreation facilities at the
Marsh as follows:
Skate park – £200,000 - £220,000 .
BMX track – £35k-45k.
Parkour course – £25k-£30k
 Biodiversity Mitigation contribution - £7000
and subject to the following conditions:
Before any development is commenced details of 'reserved matters' (that is any
matters in respect of which details have not been given in the application and which
concern the layout, scale, appearance, access or landscaping) shall be submitted to the
Local Planning Authority for their subsequent approval.
1
Reason: This condition is required to be imposed by the provisions of Article 4(1) of the
Town and Country Planning (Development Management Procedure) Order 2010.
2
Application for approval of any 'reserved matter' must be made not later than the
expiration of three years beginning with the date of this permission.
Reason: This condition is required to be imposed by Section 92 of the Town and
Country Planning Act 1990 (as amended).
3
The development to which this permission relates must be begun not later than
the expiration of two years from the final approval of the reserved matters or, in the case
of approval on different dates, the final approval of the last such matter to be approved.
Reason: This condition is required to be imposed by Section 92 of the Town and
Country Planning Act 1990 (as amended).
4
The development hereby permitted shall be carried out in accordance with the
following approved plans:
<TxtPlanCond>
Reason: For the avoidance of doubt and in the interests of proper planning.
5
No development shall take place until samples of the materials to be used in
the construction of the external surfaces of the buildings hereby permitted
have been submitted to and approved in writing by the local planning authority.
Development shall be carried out in accordance with the approved samples.
Reason: To ensure that the external appearance of the completed development is
satisfactory and sympathetic to its locality.
6
The dwellings shall achieve Level 4 of the Code for Sustainable Homes. No
dwelling shall be occupied until a final Code Certificate has been issued for it
certifying that Code Level 4 has been achieved.
Reason : In the interests of Sustainable Construction
7
No development shall commence until full details of the new accesses to the site
have been submitted to and agreed in writing by the Local Planning Authority. The
development shall be carried out in accordance with the approved details
Reason: In the interests of highway safety.
8
Outline Estate Road Construction (adopted or private)
No development shall commence until details of the geometric highway layout, turning
and parking areas have been submitted to and agreed in writing by the Local Planning
Authority. The development shall be carried out in accordance with the approved
details.
Reason: In the interests of highway safety.
9
Existing Public Right of Way
No development shall commence until full details of the improvements to the surface of
the existing public Right of Way, Cockles Lane, have been submitted to and agreed in
writing by the Local Planning Authority. The development shall be carried out in
accordance with the approved details. An alternative route must be provided whilst
these improvements are carried out to ensure that access is available to the public at all
times.
Reason: In the interests of highway safety.
10
Outline Travel Plan
Prior to the commencement of the development hereby permitted, a Travel Plan shall
be submitted to and approved in writing by the Planning Authority. The Travel Plan, as
submitted, will include:
-going monitoring of the Travel Plan.
vering the Travel Plan objectives for a period of at least five
years from first occupation of the development.
of the development.
The development shall be implemented only in accordance with the approved Travel
Plan.
Reason: In order to reduce or mitigate the impacts of the development upon the local
highway network and surrounding neighbourhood by reducing reliance on the private
car for journeys to and from the site.
11
No development shall commence until a surface water drainage scheme for the
site, based on sustainable drainage principles and an assessment of the hydrological
and hydrogeological context of the development, in accordance with the overarching
strategy set out in the Flood Risk Assessment & Drainage Strategy Report (Nola
Design, November 2012, Project Ref: 180.0001/B), has been submitted to and
approved in writing by the local planning authority. The scheme shall subsequently be
implemented in accordance with the approved details before the development is
completed. Details of how the scheme shall be maintained and managed after
completion shall be submitted.
REASON: To prevent the increased risk of flooding and ensure future maintenance of
the surface water drainage system.
12
All hard and soft landscape works shall be carried out in accordance with the
approved details. The works shall be carried out prior to the occupation of any part of
the Phases of development or in accordance with a programme that has been first
agreed with the local planning authority.
Reason: Landscaping is considered essential in order to enhance the visual amenities
of the proposed development.
13
No development shall take place on any until there has been submitted to and
approved in writing by the local planning authority a plan indicating the positions,
design, materials and type of boundary treatments to be erected on that Phase both
around the perimeters and within the site. This shall include a timetable for provision.
The boundary treatment shall be carried out in accordance with the approved details
and timetable for each Phase of the development.
Reason: To safeguard the amenities of the locality and the privacy of the occupiers of
adjoining premises.
14
Before the commencement of development full details of the earthworks to
form SuDS Ponds shall be submitted to and approved in writing by the local planning
authority. The details shall include provision for the temporary storage of soils, the
grading and mounding of areas, the levels and contours to be formed and the
relationship of the new work to existing landform and vegetation. The work shall be
carried out in accordance with the approved details prior to the first occupation of any
building.
REASON: To prevent the increased risk of flooding.
15
No dwelling shall be occupied until the access, turning and parking space
provided for it has been laid out, drained and surfaced in accordance with details that
have been submitted to and approved in writing by the local planning authority.
Reason: In the interests of highway safety
16
The garages and parking spaces shall be kept available for the purpose of the
parking of vehicles.
Reason: In the interests of highway safety
17
A comprehensive habitat restoration and management plan for the areas of
retained semi natural greenspace, to include the management of the SNCI,
enhancement and restoration of the fields to the south east and habitat creation within
the buffer zone and providing for public access (as shown on the indicative masterplan
plan drawing number 03 Rev A received 12th March 2015) shall be submitted to and
agreed in writing prior to commencement of development. The habitat restoration and
management plan shall be implemented during phases 2A and 2B of the development
unless otherwise agreed in writing with the local planning authority and shall be
maintained thereafter.
The plan shall include the mitigation elements set out in the submitted ecological report
Assessment of Ecological Issues of land at Curtis Fields, Weymouth, Dorset by Kevin
Cook 13th August 2014 as amended by the revised master plan submitted on 12th
March 2015 and shall by supported by a Biodiversity Mitigation Plan (BMP) using the
standard format set out in the Dorset Biodiversity Protocol and agreed by Dorset County
Councils Natural Environment Team (NET).
The “Assessment of Ecological Issues of land at Curtis Fields, Weymouth, Dorset by
Kevin Cook 13th August 2014” shall be updated to include additional badger surveys
that are required to be completed for this development and any necessary mitigation
and enhancement measures included in the Biodiversity Mitigation Plan (BMP) and the
above report for the site. The development shall be carried out in accordance with the
full biodiversity mitigation and enhancement recommendations as set out in that revised
report as regards the need for onsite and offsite compensation measures.
Reason: In the interest of nature conservation interests
18
No development shall take place until details of the finished floor levels,
relative to metres above Ordnance Datum, have been submitted to and approved in
writing by the local planning authority. Development shall be carried out in accordance
with the approved details.
Reason: To ensure that the buildings relates properly to neighbouring property or
properties in the locality and to safeguard the character and amenity of the area
19
No development shall take place until a Construction Environment
Management Plan (CEMP) has been submitted to and approved in writing by
the local planning authority. The approved CEMP shall be adhered to throughout the
construction period. The CEMP shall provide for:
i) The hours of construction work and deliveries
Demolition and construction work shall be limited to:
Monday to Friday 0800 - 1800
Saturday 0900 - 1300
No activity on Sundays or Bank Holidays.
ii) The parking of vehicles of site operatives and visitors;
iii) The loading and unloading of plant and materials;
iv) The storage of plant and materials used in constructing the
development;
v) Wheel washing facilities;
vi) Measures to control the emission of dust and dirt during construction.
Reason: In the interests of highway safety and the amenity of nearby residents,
20
No works shall take place until the applicant has secured the implementation of a
programme of archaeological work in accordance with a written scheme of investigation
which has been submitted by the applicant to, and approved by the Planning Authority.
This scheme shall cover archaeological fieldwork together with post-excavation work
and publication of the results.
REASON. To ensure that this site which has been identified as being of archaeological
interest is adequately assessed.
21
No development shall be commenced unless otherwise agreed in writing with
the local planning authority until full details of the design and external appearance of the
recreation facilities to be provided within the proposed Neighbourhood Equipped Area
for Play (NEAP) along with details of its timetable for provision and maintenance
thereafter shall be submitted to and approved in writing by the local planning authority.
Development shall be carried out in accordance with the approved details.
Reason: To ensure that the external appearance of the completed development is
satisfactory and to ensure satisfactory recreation provision is made for future occupiers.
Informative notes
The various informative notes of consultees as set out above in this report should be
added.
10 BACKGROUND PAPERS
11.1
WP/14/00777/OUT