Case Reference: 3267148

Appeal Decision
Hearing Held on 16 November 2021
Site visit made on 16 November 2021
by M Aqbal BA (Hons) DipTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 2 December 2021
Appeal Ref: APP/L3245/W/21/3267148
Land to south of the Meole Brace Retail Park, Shrewsbury SY3 9NB
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant outline planning permission.
• The appeal is made by [APPELLANT] against the decision of Shropshire Council.
• The application Ref 19/04389/OUT, dated 19 September 2019, was refused by notice
dated 31 July 2020.
• The development proposed is outline planning application (all matters reserved other
than access) for the development of up to 150 residential dwellings.
Decision
1. The appeal is allowed and planning permission is granted for outline planning
application (all matters reserved other than access) for the development of up
to 150 residential dwellings at Land to south of the Meole Brace Retail Park,
Shrewsbury SY3 9NB in accordance with the terms of the application,
Ref 19/04389/OUT, dated 19 September 2019, and the plans submitted with it,
subject to the conditions set out in the Schedule to this Decision.
Preliminary Matters
2. The application is submitted in ‘outline’ including access details, with layout,
scale, landscaping and appearance reserved for future consideration. Prior to
the Hearing the appellant submitted a revised site layout drawing (9473A-110
Rev B). This is intended to show the ability of the site to accommodate 150
units whilst adhering to the Council’s noise mitigation and open space
requirements. Because layout is a reserved matter, this drawing is for
indicative purposes only. Therefore, I have accepted this revised drawing and I
do not think that the interests of any party have been prejudiced by my having
done so.
3. The submitted ‘access’ details drawing (16121-011 Rev B) shows a new access
into the site and extending across it, to the Meole Brace Park and Ride (‘P&R’)
which lies immediately to the south of the appeal site. The extent of this access
is within the appeal site and would link to the P&R. On the information before
me, I am satisfied that this forms part of the proposal and I have proceeded
with the appeal on this basis.
4. At appeal, under the provisions of S106 of the Town and Country Planning Act
1990 a legal agreement was provided by the appellant. I shall return to this
later on in my Decision.
Main Issue
5. The main issue is whether the appeal site is in a suitable location for housing
having regard to the development plan, and if not, are there any other
considerations sufficient to mean that the proposal should be determined
otherwise than in accordance with the development plan.
Reasons
6. The appeal site comprises a field with a road running through it, located
between the Meole Brace Retail Park which lies to the north of it, and the P&R.
7. Policy CS1 of the Shropshire Council Core Strategy (February 2011) (‘CS’) sets
out Shropshire’s housing requirement of providing 27,500 new homes by 2026
and highlights that Shrewsbury will be the focus for significant growth within
Shropshire and will need to accommodate approximately 25% of Shropshire’s
residential development over the plan period. The proposal does not conflict
with the strategic aims of this Policy. Policy CS2 of the CS, states, amongst
other things, that Shrewsbury will provide approximately 6,500 dwellings and
90 hectares of employment land, achieving a significant level of housing and
economic growth. However, the supporting text to this Policy references the
SAMdev for identifying sites for housing.
8. Policy MD1 of the Shropshire Council Site Allocations and Management of
Development Plan (December 2015) (‘SAMDev’) relates to the scale and
distribution of development and outlines that sustainable development will be
supported in Shrewsbury, the Market Towns and Key Centres, and the
Community Hubs and Community Cluster settlements identified in Schedule
MD1.1. Shrewsbury is identified as the county town and sub-regional centre.
The appeal site is adjacent but outside the southern part of the development
boundary for Shrewsbury, as identified in settlement Policy S16 of the SAMDev
and is therefore situated in the countryside. The proposal is not for
development that would be permitted in the countryside under policies CS5 of
the CS and MD7a of the SAMDev.
9. Therefore, having regard to the development plan, the site is not in a suitable
location for housing, and is in conflict with the above policies of the CS and
SAMDev with the exception of CS Policy CS1.
Other considerations
10. Although the appeal site forms part of the countryside, on the ground it is
bound by transport infrastructure or development on all sides with the P&R
access road running through it. Consequently, it has a stronger physical
relationship to the existing built development and because of this makes a
limited contribution towards the quality of the open countryside. Furthermore,
the appeal site is reasonably accessible to a range of services and facilities by
means of travel other than private motor vehicles. Indeed, other than being
located outside the development boundary, the Council has not identified any
harm arising for the proposal.
11. Moreover, the appeal site has been put forward as a site allocation (SHR145)
for residential development as part of the Shropshire Local Plan (‘emerging
Local Plan’).
12. The emerging Local Plan has gone through several rounds of consultation and
notwithstanding some objections to the overall level of housing growth
proposed for Shropshire and Shrewsbury, there are a minimal number of
site-specific objections to the proposed allocation of the appeal site. However,
the emerging Local Plan has only recently been submitted for Examination in
Public. Therefore, having regard to Paragraph 48 of the National Planning Policy
Framework (‘Framework, 2021’), I attach limited weight to the proposed
allocation of the site for residential development in the emerging Local Plan.
Nevertheless, this still lends some support to the site’s suitability for housing
and weighs in favour of the proposal.
13. In addition, a number of benefits associated with the proposal are detailed in
the appellant’s submissions. These are summarised in the Statement of
Common Ground which is signed by the main parties. Despite this, the
Council’s position is, that because the site’s allocation for residential
development includes the requirement for a new access road to the P&R, this
and the other benefits arising from the development of the appeal site for up to
150 dwellings would be realised as policy requirements or through the delivery
of the development. Consequently, the Council only identifies the provision of
5% affordable housing above the Council’s requirement of 20% as a benefit of
the proposal.
14. In my view, these are benefits of the proposal and it is a matter of planning
judgement for the decision maker, as to how much weight is attached to these.
Whilst I have attached some weight to the proposed allocation of the appeal
site in the emerging Local Plan, this does not guarantee a planning permission
for the development or the delivery of the benefits associated with this.
Whereas if the appeal is allowed and planning permission granted, this provides
greater certainty of the development and its associated benefits being
delivered, which weighs in favour of the proposal.
15. Although the Council has more than a 5-years supply of deliverable housing
land, housing requirements are set as minima. Therefore, the delivery of up to
150 dwellings would positively support the Government’s objective of
significantly boosting the supply of homes. There would also be significant
social benefits associated with this in terms of the greater availability and
choice of new housing.
16. In particular, the proposed scheme includes the provision of affordable
housing. Policy CS11 of the CS requires all applications for open market
housing to contribute towards affordable housing. The Council applies
affordable housing targets on a geographical basis (as set out within the Type
and Affordability of Housing Supplementary Planning Document, September
2012). The target for Shrewsbury south and the appeal site is 20%.
17. The appellants evidence on affordable housing1 shows that the Council is
aiming to deliver 9,000 affordable homes over the period 2006-2026. This
equates to about 33% of the total housing target (27,500) and requires
delivery at a rate of nearly 450 affordable homes per annum, and in general
the Council has failed to achieve this rate. Despite the Council’s assertions that
the appellant’s evidence does not take account of affordable housing delivered
on rural developments, the information before me confirms that there are more
than 5000 households requiring affordable housing in Shropshire and the
1 Land to the south of Meole Brace Retail Park, Shrewsbury – Affordable Housing Note, 22 October 2021
number of new affordable homes being delivered is significantly below this
requirement.
18. Accordingly, the proposed level of affordable housing, which is above the
Council’s requirement would positively contribute to the Council’s strategic
objective for delivering affordable homes and is a significant benefit of the
proposal, which would address the needs of a group with specific housing
requirements, to which I attach substantial weight.
19. There would also be substantial economic benefits associated with the delivery
of this scale of major development, including direct and indirect jobs during
construction, along with the increase in resident spend to the benefit of local
facilities and other financial receipts.
20. The revised access to the P&R would improve its efficiency and customer
experiences, thereby providing a more effective and alternative transport mode
to driving into the town centre, which supports the Council’s wider transport
objectives for Shrewsbury and would be a positive environmental benefit
arising from the proposal. The provision of the new signal-controlled pedestrian
crossing over Hereford Road would improve pedestrian accessibility and safety.
21. The appellant had previously suggested that the new access for the P&R could
be delivered earlier. At the Hearing the Council advised that this along with the
early delivery of the development would be a potential benefit, adding that if
the appeal were to succeed, conditions attached to the planning permission
should require the submission of reserved matters within 1 year of outline
permission being granted and the commencement of the development within 1
year of the approval of the final reserved matters.
22. Notwithstanding that the improved access to the P&R would bring benefits,
other than being secured before the proposed development for practical
purposes, I have not been provided with any strong reasons to secure the
earlier delivery of this. Given that the Council has more than a 5-year supply of
housing land, the reduced timescales for the submission of reserved matters
and the commencement of the development are not necessary.
23. One of the Council’s suggested conditions sets out a requirement for electric
vehicle charging points to all properties, a minimum of 10% of the predicted
energy needs of the development from on-site renewable and low carbon
energy sources and Gigabit-capable broadband infrastructure. These
requirements are based on policies from the emerging Local Plan. The appellant
is willing to incorporate these requirements based on my findings.
24. I have attached some weight to the emerging Local Plan and the above
requirements are also broadly consistent with the Framework, 2021 with
regard to supporting sustainable development. As such, the incorporation of
these requirements would be a benefit arising from the proposal, which also
weigh in its favour.
Other matters
25. The signed and completed S106 Agreement dated 22 November 2021, includes
an obligation relating to the on-site provision of 25% affordable housing. The
S106 Agreement also includes a requirement for a financial contribution
towards primary and secondary education. Having regard to the evidence
before me including the established need for affordable housing, it has been
demonstrated that the obligations are necessary in order to make the
development acceptable in planning terms, directly related to the development,
and reasonable in scale and kind. They accord with the tests that are set out in
the Framework and Regulation 122(2) of the Community Infrastructure Levy
Regulations (as amended).
26. In addition to some of the above matters, I have had regard to a number of
issues raised by third parties. These include the acceptability of the appellant’s
Transport and Noise Assessments, the increased traffic arising from the
proposal and the effects of this, and the proposed highway works on existing
congestion and highway safety, along with noise and air pollution on existing
and new residents. These issues were addressed by the Council in its
Development Management Report, and I have also considered these, and I
have not been provided with any substantive technical reasons to take a
contrary view.
27. Any financial motives of the appellant and the alleged lack of consultation with
local residents do not affect the planning merits of the proposal. There is also
nothing precluding the appellant from bringing the site forward for
development through the planning application process instead of securing its
allocation via the adoption of the emerging Local Plan. Matters raised in respect
of design, layout and landscaping of the site would be dealt with under
reserved matters if this appeal were to succeed.
Conditions
28. In imposing conditions, I have had regard to the Framework, 2021 and the
Planning Practice Guidance. I have proposed the standard conditions for the
submission of reserved matters and implementation of the permission. The
standard timescales specified in these are for the reasons set out above. I have
imposed a condition specifying the relevant plans as this defines the permission
and provides certainty.
29. I have specified conditions for the delivery of the access to the development
site and the P&R at the outset of the development. These, along with the
design and construction of other roads, footways, accesses are to ensure
accessibility and safety of highway users. A condition to minimise the
disruption caused by construction activity on the highway by requiring a
Construction Management Statement is also necessary in the interests of
highway safety.
30. Conditions are also necessary to safeguard any archaeological and heritage
interests of the site. In the interests of protecting and enhancing biodiversity, I
have imposed conditions requiring a lighting plan along with the provision of
bird and bat boxes. A condition relating to surface water and foul drainage is
necessary to avoid local pollution and to secure satisfactory drainage of the site
and manage flood risk.
31. For the reasons given above, it is necessary to require a scheme for electric
vehicle charging points to all properties, a minimum of 10% of the predicted
energy needs of the development from on-site renewable and low carbon
energy sources and Gigabit-capable broadband infrastructure wherever
practical.
32. Conditions requiring a landscape plan and a landscape management plan are
necessary to ensure the satisfactory quality of the development.
33. Given the scale of the proposed development (up to 150 dwellings) it is
necessary to secure a phasing scheme to indicate the order and timescales of
development phases in relation to the delivery of strategic infrastructure to
ensure the proper planning of the development.
34. A condition requiring a Layout Plan specifying the location of the proposed
on-site affordable housing units is necessary to ensure that these are delivered
in accordance with the Council’s requirements for affordable housing. A Layout
Plan specifying the location of the proposed open space is necessary to ensure
that the provision of this meets the needs of the occupiers of the development
in accordance with the Council’s requirements.
35. To ensure that the approved development provides a satisfactory living
environment for its occupiers it is necessary and reasonable to require a noise
mitigation scheme. Also, to safeguard the living conditions of residents, I have
specified a condition controlling the times of any construction works and
deliveries associated with the development.
36. Where necessary and in the interests of clarity and precision, I have altered
some of the suggested conditions to better reflect the relevant guidance.
Planning balance and conclusion
37. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that
decisions on planning applications should be made in accordance with the
development plan unless material considerations indicate otherwise.
38. In this case I have identified a conflict with the development plan in relation to
settlement strategy. However, the appeal site is being promoted in the
emerging Local Plan as a site allocation for residential development, this weighs
in favour of the proposal. Also, as set out above, there would be significant
economic, social and other benefits arising from the development of the
site while its impact on the countryside is limited due to it being bounded by
development and transport infrastructure. Cumulatively, these
considerations are sufficient to mean the proposal should be determined
otherwise than in accordance with the development plan. I, therefore, conclude
that the appeal should be allowed.
M Aqbal
INSPECTOR
Schedule of Conditions
1) Details of appearance, layout, scale, and landscaping (hereinafter
called "the reserved matters") shall be submitted to and approved in writing
by the local planning authority before any development begins and the
development shall be carried out as approved.
2) Application for approval of the reserved matters shall be made to the
local planning authority before the expiration of 3 years from the date of this
permission.
3) The development hereby permitted shall take place not later than
2 years from the date of approval of the last of the reserved matters to be
approved.
4) This permission relates to the site as edged red on approved location
plan - Drawing number 9473A-100 and includes the provision of a new
access to the site and the Meole Brace Park and Ride as shown on Proposed
Site Access: Drawing 16121-011 Rev B and Indicative Site layout: Drawing
9473A-110 Rev B.
5) The first submission of reserved matters shall include a phasing
scheme to be approved in writing by the local planning authority. The
phasing scheme shall indicate the order and timescales of development
phases and the submission of reserved matters in relation to them, and the
provision of highway and drainage infrastructure; strategic utility
infrastructure; strategic landscaping, open space and recreation facilities and
pedestrian and cycle route connections.
No development shall commence for a particular phase, until the details for
that phase have been approved. Thereafter, the development shall be
carried out in accordance with the approved phasing scheme.
6) The first submission of reserved matters shall include a Layout Plan
specifying the location of the proposed on-site affordable housing units (in
accordance with the associated Section 106 Agreement, dated 22 November
2021). No works shall commence on any phase of the development until the
location of affordable housing within it has been approved in writing by the
local planning authority.
7) The first submission of reserved matters shall include a Layout Plan
specifying a policy compliant amount of open space.
8) The first submission of reserved matters shall include a landscaping
plan. The submitted plan shall include: a) Planting plans, creation of wildlife
habitats and features and ecological enhancements [e.g. tree and hedgerow
planting, wildflower grassland creation, hedgehog-friendly gravel boards]; b)
Written specifications (including cultivation and other operations associated
with plant, grass and wildlife habitat establishment); c) Schedules of plants,
noting species (including scientific names), plant sizes and proposed
numbers/densities where appropriate; d) Native species used are to be of
local provenance (Shropshire or surrounding counties); e) Details of trees
and hedgerows to be retained and measures to protect these from damage
during and after construction works; f) Implementation timetables.
Thereafter, any approved landscaping shall be undertaken in accordance
with the approved landscaping plan.
9) The first submission of reserved matters shall include details for the
provision of bat boxes. A minimum of 30 external woodcrete bat boxes
and/or integrated bat bricks, suitable for nursery or summer roosting for
small crevice dwelling bat species, shall be erected on the site. The boxes
shall be sited at least 3m above the ground on a variety of aspects (either
south, south-east or south-west), sheltered from prevailing winds with a
clear flight path and where they will be unaffected by artificial lighting. The
bat boxes shall be provided prior to occupation of the property or use of the
phase of the development to which they relate to and shall be retained for
the lifetime of the development.
10) The first submission of reserved matters shall include details for the
provision of bird boxes. A minimum of 30 artificial nests of integrated brick
design and/or external box design, suitable for sparrows (32mm hole,
terrace design), starlings (42mm hole, starling specific), and small birds
(32/28 mm holes, standard design) shall be erected on the site. The boxes
shall be sited at least 2m from the ground on a suitable tree or building at a
northerly or shaded east/west aspect with a clear flight path. The bird boxes
shall be provided prior to occupation of the property or use of phase of the
development to which they relate to and retained for the lifetime of the
development.
11) The first submission of reserved matters shall include a lighting plan.
The lighting plan shall demonstrate that any proposed lighting will not
impact upon ecological networks and/or sensitive features, e.g., bat and bird
boxes, trees, and hedgerows. The submitted scheme shall be designed in
consideration of the advice on lighting set out in the Bat Conservation Trust’s
Guidance Note 08/18 Bats and artificial lighting in the UK. The lighting shall
be provided and retained in accordance with the approved details.
12) The first submission of reserved matters shall include a scheme for
the following: Domestic electric vehicle charging points to all properties; A
minimum of 10% of the predicted energy needs of the development from
on-site renewable and low carbon energy sources; and Gigabit-capable
broadband infrastructure or alternative gigabit-capable technologies using
‘fibre to the premises’ technology wherever practical. Thereafter, the
development shall be completed in accordance with the approved details.
13) The development hereby approved shall not commence until the
following details have been submitted to and approved by the Highway
Authority: a) A s278 application for the proposed highway works; b) A s38
application for the proposed new access road to the Meole Brace Park and
Ride; and c) A construction management plan for the proposed s278 and s38
works.
Thereafter, the highway works shall be completed in accordance with the
approved details and construction management plan, prior to any other
above ground works associated with the approved development taking place.
The highway works shall be maintained, and any visibility splays shall be
kept permanently clear of all obstructions.
14) Not less than a period of 3 months from the commencement of the
development hereby approved, Shropshire Councils Historic Environment
Team shall be notified of the commencement date and provided with
reasonable access to monitor the ground works and to record any
archaeological evidence as appropriate.
15) No development hereby approved shall commence until a programme
of archaeological work in accordance with a Written Scheme of Investigation
(‘WSI’) has been submitted to and approved in writing by the local planning
authority. Thereafter, the archaeological works shall be carried out in
accordance with the approved WSI.
16) Prior to the commencement of each phase of the development hereby
approved, a scheme for surface and foul water drainage for that phase shall
be submitted to and approved in writing by the local planning authority. The
approved scheme shall be implemented before any dwelling on that phase of
the development is occupied.
17) No development shall take place until a Construction Method
Statement (‘CMS’) has been submitted to and approved in writing by the
local planning authority. The CMS shall include the following details: a) areas
for the parking of vehicles of site operatives and visitors; b) areas for the
loading and unloading of plant and materials and storage of plant and
materials used in constructing the development; c) wheel washing facilities;
and a Traffic Management Plan. Thereafter, the development shall be
undertaken in accordance with the approved CMS.
18) Prior to the commencement of the development hereby approved,
details of the design and construction of any new roads, footways, accesses
together with details of the disposal of highway surface water and street
lighting shall be submitted to and approved in writing by the local planning
authority. The approved works shall be implemented before any property
within that particular phase is occupied.
19) Prior to the commencement of any phase of the development hereby
approved, details of a noise mitigation scheme, based on the principles in
ProPG and supplementary guidance for acoustically insulating all habitable
rooms within the dwellings, such that internal noise levels do not exceed the
criteria specified in Table 4 of British Standard BS 8233: 2014, 'Guidance on
sound insulation and noise reduction for buildings', shall be submitted to and
approved in writing by the local planning authority. The noise mitigation
scheme shall include the layout of the site and details of acoustic glazing and
acoustically controlled alternative means of ventilation and thermal comfort,
where necessary.
Any properties along the western boundary of the site adjacent to Hereford
Road (‘A5112’) shall retain a minimum lateral separation distance of 14m (or
more, if necessary, to ensure that the above referenced criteria will be
achieved) between the nearside carriageway edge and the buildings. All
private gardens for any such properties must be located to the rear of the
buildings. The internal layout of those buildings shall seek to minimise the
number of habitable room windows directly overlooking the A5112.
Any properties along the eastern boundary of the site adjacent to the
railway, shall retain a minimum lateral separation distance of 28m (or more,
if necessary, to ensure that the above referenced criteria will be achieved)
between the nearside track edge and the buildings. All private gardens for
any such properties must be located to the rear of the buildings. The internal
layout of those buildings shall seek to minimise the number of bedrooms on
facades facing the railway.
The noise mitigation scheme shall demonstrate that typically (e.g., on
average) no more than 3 passing trains per night-time (2300-0700hrs) will
give rise to an internal noise level of greater than 45dB LAmax, within any
bedrooms directly overlooking the railway (to be based on the data set out
in IDOM Merebrook environmental acoustic assessment report reference:
ENA-21105-17-426, dated November 2017).
Thereafter, prior to first occupation, properties requiring noise mitigation
shall be constructed in accordance with the approved noise mitigation
scheme.
20) Prior to the occupation of the first dwelling hereby approved, details
for an on-site public information scheme about the presence of the
prehistoric double ring-ditch shall be submitted to and approved in writing
by the local planning authority. The approved scheme shall be provided
within 3 months of the occupation of the first dwelling and retained in
perpetuity.
21) Prior to the first occupation of any phase of the development hereby
approved, a landscape management plan to include management
responsibilities and a maintenance schedule for all open space and
landscaped areas (other than privately owned, domestic gardens) shall be
submitted to and approved in writing by the local planning authority.
Thereafter, the open space and landscaped areas shall be maintained in
perpetuity in accordance with the approved landscape management plan.
22) Demolition or construction works, and associated deliveries shall only
take place between the hours of 7.30am - 6.00pm Monday to Friday, and
8.00am - 1pm Saturdays, and not at any time on Sundays, or on Bank or
Public Holidays.
APPEARANCES
FOR THE APPELLANT
Andrew Barton Mercian Developments
Nicholas Bradshaw Connect Consultants
Paul Newton Barton Wilmore
Robert Walton QC Counsel for appellant
FOR THE LOCAL PLANNING AUTHORITY
Philip Mullineux Shropshire Council
Jane Raymond Shropshire Council
Edward West Shropshire Council
INTERESTED PERSONS
Shaun Jones Bayston Hill Parish Council
Henry Merricks-Murgatroyd Bayston Hill Parish Council
DOCUMENTS SUBMITTED AT OR AFTER THE HEARING
1. Copy of draft S106 Agreement.
2. Copy of signed and completed S106 Agreement, dated 22 November 2021.
3. Summary of representations on the Regulation 18 and Regulation 19:
Pre-Submission Draft of the Shropshire Local Plan.
4. Inspector’s Initial Questions regarding the emerging Shropshire Local Plan
dated 3 November 2021 and response letter from Shropshire Council dated
11 November 2021.
5. Transcript of representation made at the Hearing by Henry Merricks-Murgatroyd
(Bayston Hill Parish Council).