Agenda item

This application is referred to Planning Committee at the request of the Assistant Director of Planning as the original outline application 17/01881/OUT was refused by the Local Planning Authority and the decision was overturned by the Planning Inspectorate. Within that appeal decision the Planning Inspector included a Planning Condition (no 12) that ensured the ‘link’ to Birch Avenue from the host site would be 3m wide and a pedestrian and cycle link. 

The current application seeks vary condition 12 of application 17/01881/OUT (allowed on appeal APP/P1560/W/19/3231554) to remove the reference within condition 12 which requires the pedestrian/cycle link between the site and Birch Avenue to be 3 metres in width and also allowing for this link between the site and Birch Avenue to be a pedestrian link only. This is because the applicant has discovered there is not 3m between 74 Birch Avenue and 76 Birch Avenue to construct such a link.

Before the meeting, an update sheet had been distributed to the Committee with details of an update in respect of an Essex Highways Update received on 13/12/2021; building regulations approval; and a recommended additional condition.

It was reported that this application  had been referred to the Planning Committee at the request of the Assistant Director  (Planning) as the original outline application 17/01881/OUT  had been refused by the Local Planning Authority and  its decision was then subsequently overturned by the Planning Inspectorate. Within that appeal decision the Planning Inspector had included a Planning Condition (no 12) that ensured the ‘link’ to Birch Avenue from the host site would be 3m wide and a pedestrian and cycle link. 

The Committee was reminded that the current application sought to vary condition 12 of application 17/01881/OUT (allowed on appeal APP/P1560/W/19/3231554) to remove the reference within condition 12 which required the pedestrian/cycle link between the site and Birch Avenue to be 3 metres in width and also allowing for that link between the site and Birch Avenue to be a pedestrian link only. That was because the applicant had discovered there was not 3m between 74 Birch Avenue and 76 Birch Avenue to construct such a link.

Members heard that, as established through the granting of outline application 17/0881/OUT, the principle of residential development for up to 136 dwellings on this site was acceptable. Within this application it was considered acceptable that the footpath link between the host site and Birch Avenue could be under 3m in width and pedestrian only as this should provide benefits to pedestrian safety when using the link rather than sharing the link with cyclists riding their bikes through. Cyclists would be  allowed to walk their bikes through the link.

In the opinion of Officers the detailed design and layout was considered acceptable.  The proposal would not result in any significant material harm to residential amenity or highway safety and would still support sustainable means to access  the village.

The application was therefore recommended by Officers for approval subject to a legal agreement to secure the management of the footpath link, Public Open Space, Drainage features, landscaping and maintenance of the non-adopted highway network.  Those latter elements were assessed more fully in the Reserved Matters application 21/00977/DETAIL.

The Committee had before it the published Officer report containing the key planning issues, relevant planning policies, planning history, any response from consultees, written representations received and a recommendation of approval.

At the meeting, an oral presentation was made by  the Council’s Planning Officer (Nick Westlake) in respect of the application.

Samuel Caslin, the agent acting on behalf of the applicant, spoke in support of the application.

Alison Clark, a resident, spoke against the application.

Councillor Lynda McWilliams, the local Ward Member, spoke against the application.

Following discussion by the Committee, it was moved by Councillor Bray, seconded by Councillor Alexander and:-

RESOLVED that the  Assistant Director (Planning) (or equivalent authorised Officer) be authorised to refuse planning permission for the development, contrary to the Officers’ recommendation of approval, for the following reasons:-

1.             The 2021 National Planning Policy Framework (Framework) defines the social objective of sustainable development to support strong, vibrant and healthy communities, by fostering well-designed, beautiful and safe places, with accessible services and open spaces that reflect current and future needs and support communities' health, social and cultural well-being. The environmental aspect of sustainable development, as referenced in the Framework, seeks to protect and enhance our natural, built and historic environment; including making effective use of land, mitigating and adapting to climate change, including moving to a low carbon economy.

A move towards the use of sustainable transport modes is a key element in achieving a low car economy. The framework defines sustainable transport modes and being any efficient, safe and accessible means of transport with overall low impact on the environment including walking and cycling. Paragraph 92 of  the framework states that Planning policies and decisions should  aim to achieve healthy, inclusive and safe  place which, are safe  and accessible for example through the use of attractive, well designed, clear and legible pedestrian and cycle routes. Paragraph 97 of the framework states planning decisions should promote public safety, this includes appropriate and proportionate steps that can be taken to reduce vulnerability, increase resilience and ensure public safety and security.

Paragraph 104 of the framework states that development proposals should consider opportunities to promote walking and cycling when considering high quality places. Paragraph 106 advises that planning policies should provide for attractive and well-designed walking and cycling networks. Paragraph 110 of the framework states that in assessing sites that may be allocated for  development in plans it should be ensured that there is safe  and suitable access to the site can be achieved to all users. Paragraph 112 of the framework states developments should give first priority to pedestrians and cycle movements both within schemes and with neighbouring areas. Developments should address the needs of people with disabilities and reduced mobility in relation to all modes of transport. Creating places that are safe, secure and attractive which minimise the scope for conflicts between pedestrians, cyclists and vehicles.

Paragraph 130 of the framework states that decisions should ensure that developments will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development. Developments should be visually attractive as a result of good architecture, layout and appropriate and effective landscaping. Establish a sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit. Also that developments should create places that are safe, inclusive and accessible and which promote health and wellbeing with a high standard of amenity for existing and future users and where crime and disorder and the fear of crime do not undermine the quality of life or community cohesion and resilience. Finally the framework states in paragraph 134 development that is not well designed should be refused.

At a local level the emerging local plan says in Policy SPL3 that all new development (including changes of use) should make a positive contribution to the quality of the local environment and protect or enhance local character. The design and layout of the development maintains and or provides safe and convenient access for people with mobility impairments and the development incorporates or provides for measures to minimise opportunities for crime and anti-social behaviour.  Policy LP3 states that new residential developments has regard to accessibility to local services, and enhance that character in the immediate area.

Policy CP1 of the Emerging Local Plan section Two 2013 - 2033 (emerging plan) and beyond states that proposals for new developments for new development must be sustainable in terms of transport and accessibility and therefore should include and encourage opportunities for access to sustainable modes of transport, including walking, cycling and public transport.. In order to reduce dependence upon private car transport, improve the quality of life for local residents, facilitate business and improve the experience for visitors, all such applications should include proposals for walking and cycling routes and new or improved bus-stops/services. Emerging Policy CP2 states proposals for new development which contribute to the provision of a safe and efficient transport network that offers a range of sustainable transport choices will be supported. Major development proposals should include measures to prioritise cycle and pedestrian movements, including access to public transport.

The pre text to adopted Policy SP6 of the Tendring District Local Plan 2013-2033 and Beyond Section 1 states:

'through implementation of the Essex Cycling Strategy (2016), Cycling Action Plans have been prepared in all the NEAs to increase cycle levels; identify safety issues; identify gaps on key routes; identify ways of closing gaps; and create better cycle connectivity to key employment areas, development zones and schools. The provision of continuous cycle routes and a coherent cycle network will encourage people to make short trips by bicycle rather than by car.'

The adopted policy SP6 the local planning authority shall deliver changes in travel behaviour by applying the modal hierarchy and increasing opportunities for sustainable modes of transport that can compete effectively with private vehicles. Also provide a comprehensive network of segregated walking and cycling routes linking key centres of activity. The policy also aims to facilitate the delivery of a wide range of social infrastructure required for healthy, active and inclusive communities, minimising negative health and social impacts, both in avoidance and mitigation. New developments should provide the conditions for a healthy community through the pattern of development, good urban design, access to local services and facilities; green open space and safe places for active play and food growing, and which are all accessible by walking, cycling and public transport.

Adopted policy SP7 of the Tendring District Local Plan 2013-2033 and Beyond Section 1 states that all new development must meet high standards of urban and architectural design. Responding positively to local character and context to preserve and enhance the quality of existing places and their environs. Also create well-connected places that prioritise the needs of pedestrians, cyclists and public transport services above use of the private car.

Policy QL2 of the adopted 2007 Local Plan states that all new development proposals should be located and designed to avoid the reliance on the use of the private car and promote travel choice where cyclists are second in priority behind pedestrians that are first. Adopted Policy TR3a (2007 Local Plan) says where practicable all developments will be required to link with existing footpath and public rights of way networks and provide convenient, safe, attractive and direct routes for walking. Where appropriate, development should also improve links to and between pedestrian routes and public transport facilities, and support pedestrian priority measures.

Adopted Policy TR5 (2007 Local Plan) of the adopted Plan states that all major new developments should provide appropriate facilities for cyclists. These include safe, convenient and clearly defined access to, and circulation within the development site. Cycling provision at developments should link with existing cycle networks, and take account of the need for improvements to the network. Existing and proposed cycle routes will be safeguarded and existing routes should be safeguarded as part of the public highway network by legal order.

Adopted Policy COM1 (2007 Local Plan)  states development involving buildings or spaces to which the public will have access as visitors, customers or employees will not be permitted if the design and layout does not provide safe and convenient access for people of all abilities. In particular, to ensure an inclusive environment development shall provide entrances which can be easily and safely accessed by all users, including those with mobility and sensory impairments. Provide safe and convenient access to the development for people of all abilities from parking areas, drop-off points and adjoining public spaces; and clear signposting of accessible facilities and routes to accessible entrances.

Adopted Policy COM2 (2007 Local Plan) states all new development shall contribute to a safe and secure environment, which reduces the incidence and fear of crime and disorder by reducing criminal opportunity and fostering positive social interactions between legitimate users. In particular development shall:

1.             maximise overlooking of areas which may be vulnerable to crime such as public   spaces, car parking areas and footpaths;

2.         maintain a discernible distinction between public and private spaces; and

3.         provide a good standard of lighting to public spaces and routes.

i.              Measures referred to in (1) above, to protect the security of people and property, must be compatible with the character and amenities of the area, which can be successfully achieved through good design.

ii.            In appropriate cases the Council may seek developer contributions towards the   provision of CCTV, lighting or other security measures.

The proposed pedestrian only footpath link would be contrary to the formation of a pedestrian / cycle link that was requested through the appeal decision associated with the original decision, cumulating in Condition 12 of the original decision being formed as part of the decision. The narrower pathway would be a less sustainable form of access reducing the ability or likelihood of cyclists to use the link significantly reducing the sustainability credentials of  the original scheme that was of highlighted as being of fundamental importance to the initial decision making process.

The narrowing to the link shall result in a compromised level of public safety for users especially where there is a 'pinch point' between 74 and 76 Birch Avenue. As a result of the reduced width especially via the pinch point throughout the link the possibility of mobility scooters, prams and wheelchair users finding passing difficult or impossible especially during the narrowest section is unacceptable to the local planning authority. Furthermore, the fear or perception of crime shall be increased by having sections along the link (either side of the pinch points) where individuals could hide behind outside of lines of sight of others using this link. Again, this design element of the link is fundamentally objectionable to the Local Planning Authority. Due the compromised overall reduced width design this is likely to result in less people using the link and a greater use of car movements to access local services and this is in complete contradiction to the instruction of the original Planning Inspector's decision and policies and guidance on such matters.

Overall, the link, due to its narrowed awkward design is less visually attractive and represents a poor design solution that fails to provide a continuous cycle route between the new development and the key centres of activity in the rural service centre of Great Bentley thus reducing the ability for cycling to compete effectively with private motor vehicles for trips to the centre of Great Bentley. It would fail to make people feel safe and secure when using the link, and fail to adhere to the social and environmental strands of sustainable development as defined by the framework together with aforementioned national and local policies listed above.