Agenda item

5a.

23/02646/FUL

Residential Development including formation of 9 new houses, access, landscaping and all ancillary features. Diversion of public footpath.

Land To West of Orchard House, Astrope Lane, Astrope, HP23 4PN

Councillor Patterson declared an interest in the item as a member of his ward had approached him regarding the item; he declared that he had come to the meeting with an open mind and that he had not given his opinion on the item and only stuck to facts when talking to the resident.

The Case Officer, Andrew Parish introduced the report to Members and said that the application had been referred to the Committee due to the Head of Development Management considered that the proposals are of significant public interest.

Ed Whetham spoke in objection to the application.

Parish Councillor Caroline Smith Wright, Residents Robert Elliott, Hayley, Melanie Prestwich and Lynn Bruges spoke in support of the application.

It was proposed by Councillor Guest and seconded by Councillor Maddern to REFUSE the application.

Vote:

For:  9             Against:           0          Abstained: 2

Resolved: That planning permission be REFUSED.

RECOMMENDATION

That planning permission be REFUSED

Reasons for Refusal: 

1.                The site lies within the Rural Area wherein, under Policy CS7 of the Dacorum Core Strategy September 2013, only small-scale development for the uses listed in the policy will be acceptable. The list of uses does not include use for residential purposes. Whilst the site is close to the village of Long Marston where small-scale development for housing may be permitted as an exception, it does not fall within or even adjacent to the village. Furthermore, at 9 dwellings, the scheme is not small-scale in the context of Astrope. The site is in an isolated location, with poor and unattractive access by foot and bicycle which would not encourage residents to use alternative more sustainable means of travel to the car.  The site is inherently an unsustainable location and would not maintain or enhance the vitality of Long Marston. The proposal is therefore contrary to Policies CS1, CS7 and CS8 of the Dacorum Core Strategy September 2013, and Paragraphs 82, 83, 114 and 116 of the National Planning Policy Framework Dec 2023. No exceptional circumstances are considered to exist under other policies or guidance and there is not considered to be a case for an exception under Paragraph 11 the NPPF.

2.                The proposed development site, by reason of its remote location from local shops, services and employment, would not be sustainable in transport terms, with all residents heavily reliant on the use of private vehicles contrary to Paragraphs 114 and 116 of the National Planning Policy Framework Dec 2023 and contrary to Policies 1 and 5 of the Hertfordshire County Council Local Transport Plan (2018).

3.                The proposal, by reason of the amount, scale and layout of development, and the cumulative impact with adjoining development, would create a ribbon of development that would be significantly harmful to the established character of Astrope as a rural hamlet.  In addition, the design and layout would, inter alia, result in a negative impact on the setting of the diverted public footpath 054, a less convenient route for pedestrians and crime and security issues, a poor response in its orientation to the site and surroundings, an excess of vehicular accesses that would open the site up to views, and a dominance of hard surfacing and car parking that would be harmful to the general character and appearance of the development and of the countryside setting. Furthermore, given the introduction of visibility splays, the loss of hedge and tree planting along the frontage, and the lack of space for replacement and supplementary tree planting to the rear of tree group G01, the development would be further exposed to views from Astrope Lane thereby exacerbating the harm to the character and appearance of the countryside and of Astrope as a dispersed pattern of buildings.  The proposal is therefore contrary to Policies CS7, 11, 12, 13 and 25 of the Dacorum Core Strategy, saved Policies 79 and 100 of the Dacorum Borough Local Plan 1991-2011 and Paragraph 96 and 180 of the National Planning Policy Framework 2023.

4.         Insufficient information has been submitted to demonstrate that the proposals will provide a satisfactory Flood Risk Assessment and Drainage Strategy for the development that would not result in potential additional flooding issues. The proposal is therefore contrary to Policies CS31 and CS29 of the Dacorum Core Strategy September 2013 and NPPF Para 173.

4.                The proposed development fails to provide an appropriate legal mechanism to secure the diversion of public footpath 054. The proposal also fails to provide an appropriate signed legal agreement to mitigate the adverse impacts on the Chilterns Beechwoods Special Area for Conservation in accordance with the Council's mitigation strategy. The proposal is therefore contrary to Policies CS26 and CS35 of the Dacorum Core Strategy September 2013, Paragraph 181 of the National Planning Policy Framework Dec 2023, and the requirements of the Habitats Regulations 2017 and 2019.

Informatives:

 1.        Planning permission has been refused for this proposal for the clear reasons set out in this decision notice. The Council acted pro-actively through early engagement with the applicant at the pre-application stage which advised that residential development could not be supported. Since fundamental objections cannot be overcome, the Council has therefore acted pro-actively in line with the requirements of the Framework (paragraph 38) and in accordance with the Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2015.