Application Reference: CM20080874 1. APPLICATION D ETAILS Location: FORMER ST. MARY’S HOSPITAL, GREEN LANE, STANNINGTON Proposals: Mixed use development (this reserved matters relates to housing only) 172 residential units, 52,000sqft (approx) of commercial development, associated landscaping including restoration of registered gardens and associated highways access improvements off and on site Applicant: Bellway Homes & Rivergreen Developments Parish: Stannington Date received: 08/12/2008 Prescribed expiry date: 07/05/2009 Application type: Major / Reserved Matters Constraints: Green Belt / TPO - Wellhill and Gubeon Plantation 2001 Footpath No 15 & Bridle path No 14 National Policies: PPS1, PPG2, PPS3, PPG4, PPS6, PPS7, PPS9, PPG13, PPG17 Regional Policies: RSS to 2021, S5, S11 Local Policies: E1, C17, C19 Publicity expiry Neighbours 09/01/2009 Site notice 10/01/2009 Press notice 26/01/2009 2. SUMMARY OF MAIN ISSUES St Mary‟s Hospital is allocated on the Castle Morpeth District Local Plan (Adopted Feb 2003) for a mix of employment and residential development. Significant issues in relation to this proposal which adheres to the allocated site are – the impact of the development on the openness on the greenbelt; the impact on the historic garden landscape; whether the development is sustainable; the affordable housing contribution and the employment and residential balance. Issues relating to outside of the site are – Highway use and safety 3. CONSULTATIONS AND REPRESENTATIONS Stannington Parish Council The council is concerned that the potential for routing which would balance traffic between various sites has not been sufficiently assessed and that the application should not be considered in its present form as it does not include the business use. As such the development of residential units alone is considered not to meet the needs of a sustainable development. All routing scenarios for vehicles should be explored including the potential to limit access and egress for construction traffic outside of the school day. One North East Welcomes the applicants intention to achieve Level Code 3 for Sustainable Homes in respect of the affordable housing provision and to be built in accordance with CABE‟S Building for Life standards (scoring 18 out of 20). Comment also that ONE would like to see a scheme which would show the 10% of the electricity use is generated from renewable sources. North East Assembly Whilst most of the proposals are in line with the Regional Spatial Strategy there are a number of issues which require further clarification. These issues relate to renewable energy and energy efficiency. Highways Agency Comments waited however, the applicant has submitted the updated green travel plan on which the agency would like to comment on. Newcastle International Airport No Comments received however condition attached in line with comments received at outline stage. Northumbria Water No objection however, suggest conditions be attached to the planning permission (conditions 6 & 7 above). Environment Agency The Agency recommended a condition at outline stage and request this condition be transferred to the reserved matters decision notice. English Heritage No objection however, would like a management company established to maintain the site. Natural England No objection however, asks that the LPA be mindful of the phasing of the development with regard to the bat mitigation measures. Sport England North East No objections however wish the previous condition on the outline (condition 10) be reattached to any subsequent approval. NCC Highways Comment as follows; Need more information on the phasing and build out program to make some assessment about the construction traffic movements . A route signing scheme will also need to be agreed. Also a little concerned that the Outline was „sold‟ on the basis that it would provide sustainable measures to reduce trips and the need to travel. However, submitting reserved matters in a less than holistic way could result in only the residential element being provided, therefore undermining the whole sustainability issue which is fundamental to the acceptability of the development. It would be in the Developer‟s interest as well the Authority‟s, to provide the traffic calming before the principle site works begin. Morpeth Ramblers Association No Comment CTC (Cyclists Touring Club) CTC seek to ensure access for cyclists is considered as an integral part of development schemes early in the design process and maximise the potential for the development to be attractive to those travelling by cycle. The requirement for cycle parking spaces is still to be finalised, however secure and covered spaces will be provided in areas adjacent to the commercial areas and the community facilities. The level of provision will be commensurate with current best practice and the Northumberland Highways Authority. Coal Authority No comments received Mineral Valuer No comments received Transco No comments received CE Electric UK No objection however advise that great care should be taken on works at known Northern Electric apparatus sites which must all be assumed live. Comments passed to applicant for information. Northern Gas Networks No comments received NEIGHBOURS 6 Letters of objection received on the following grounds Unsuitability of roads network serving the site Increase in traffic at Dovecote and Glororum Construction traffic routes 4. DETAILED P LANNING CONSIDERATIONS Background / Relevant Planning History Following a formal committee site visit, the Development Services Committee of the then Castle Morpeth Borough Council considered planning application 04/D/611 relating to the development of the site in October 2004. Subject to a section 106 agreement, Members indicated that they were minded to conditionally grant that application, subject to the application also being advertised as a departure to the development plan. The application was then subject of a „call-in‟ by GONE and following a public Inquiry, was subsequently refused on 22 May 2006. In October 2006 an outline application was received for mixed use development including 172 residential units (66 by conversion / 106 new build) 53,000 sq ft (approx) of commercial development, associated landscaping including restoration of registered gardens and associated highway access improvements off and on site. The application was recommended for approval subject to the receipt of any further responses to statutory publicity and advertising, and minded to grant permission subject to an updated Section 106/299A Agreement between the NHS Developers, NCC and the Borough Council (to secure affordable housing, refurbishment of the Church building for community purposes; 20 of the dwellings to be specifically live-work units; provision of a „gastro pub‟, culinary school and Kitchen Garden; managed recreational open space; services office space; a bus service contribution and green travel plan; off-site traffic calming and signage contribution) with conditions. No further responses were received as a result of statutory advertising and the application was approved on 25/04/2007. The Site The St Mary‟s Hospital site is located within the parish of Stannington and is the site of a disused hospital, occupying part of an area of some 59 hectares which provide the woodland and landscaped grounds of such importance that in 2000, the grounds were designated by English Heritage in the Register of Parks and Gardens of Special Historic Interest as Grade ll. Sports facilities/ pitches also feature as part of the planned landscape but the whole site has been vacant and virtually unkempt for several years. An area of semi and detached private housing exists near the site access drive, which is the only route into the site. Details of Proposals Reserved matters for a mixed use development are proposed for 172 dwellings (20 live- work units and affordable housing). Reserved matter details in addition to the residential component of the application have not been received which involves;- -53,000 sq ft of commercial floorspace comprising - 24,700 sq ft serviced office workspace 20,400 sq ft of workshop space for food and other craft production 5,900 sq ft bistro (gastro/pub) and office space 1,575 sq ft estate Management /tree nursery on former kitchen garden grounds -Community facilities, including;- conversion of chapel to community centre / crèche upgrade of sports facilities including pavilion ecological and habitat enhancements for wildlife food delivery drop-off point children‟s play areas improved local transport service for the community -Associated landscaping and highways infrastructure improvements on-site and off-site. THESE DETAILS ARE TO BE SUBMITTED AS PART OF A SEPARATE RESERVED MATTERS APPLICATION A signed section 229A Agreement and Planning Obligation under the Town and Country Planning Act 1990 accompanied the previous outline application – as drawn up during the Call-in Inquiry in February 2006. DETAILED PLANNING CONSIDERATIONS Local Plan Policy The site allocation for mixed development is supported by the adopted Local Plan Policy E1 and NE/12 in particular which, together with the supporting text, state as follows Castle Morpeth Local Plan 1991-2006 (adopted February 2003) Policies POLICY E1 SITES ALLOCATED IN PREVIOUS PLANNING DOCUMENTS. HECTARES AE/M01 FAIRMOOR, MORP ETH (NORTHGATE) 10.2 ha AE/M02 RAILWAY YARDS, MORP ETH 1.8 ha NEW ALLOCATIONS. NE/LI05 LINTON LANE, LINTON 5.0 ha NE/LH06 LAND AT EAST ROAD,LONGHORSLEY 0.4 ha NE/M07 EXTENSION TO LAND AT FAIRMOOR, MORP ETH 5.6 ha NE/SG10 PART OF AUCTION MART,SCOTS GAP 0.4 ha NE/12 Part of ST. MARY'S HOSPITAL, STANNI NGTON (Mixed 33.6 ha Development Site) NE/13 NORTH WHITEHOUS E FARM EXTENSION, STANNINGTON 2.5 ha NE/EL14 ELLI NGTON COLLI ERY (MIX ED DEV ELOPMENT SITE) 20.5 ha TOTAL 93.0 ha St.Mary's Hospital, Stannington St. Mary‟s Hospital, approximately 3 miles to the south-west of Morpeth, has recently become surplus to Health Authority requirements and the buildings are vacant. The hospital was a major institution in the open countryside with an overall land holding of some 62 hectares, including open space around the buildings, recreational land, peripheral woodland planting and a sewage treatment works. The Council acknowledges that the hospital site has the status of a „brownfield‟ or previously developed site which provided employment for several hundred staff when it was in full occupation. Accordingly it considers that its reuse should be a mix of employment and related uses. In order to reduce the need for travel, however, the Council anticipates that some housing at the site, directly related to new employment uses, may be appropriate. Such a development may include houses with workshops attached, or telecottaging enterprises, but will be subsidiary to the employment use of the site. The Council had undertaken an Urban Capacity Study, as required by the then PPG3 (Housing) 2000 (now PPS3), and revised its planning allocations as part of the Study outcome. In sequential testing the site has been identified as being unlikely to be required for housing purposes during the Plan Period. Any subsequent decisions would be taken in the context of the review of the Council‟s development and regeneration strategies, the Local Plan and the availability of Brownfield land at that time, the progress towards meeting Structure Plan housing targets and the sustainability of alternative sites, when measured in sequential testing. THE GREEN BELT POLICY C17 DEV ELOPMENT INVOLVING THE CONSTRUCTION OF NEW BUILDINGS IN THE GREEN BELT WILL NOT BE PERMITTED, OTHER THAN FOR THE FOLLOWING PURPOSES: a) AGRICULTURE AND FORESTRY; b) ESSENTIAL FACILITIES FOR OUTDOOR SPORTS AND RECREATION; c) CEMETERIES AND OTHER US ES OF LAND WHICH PRES ERVE THE OPENNESS OF THE GREEN BELT AND DO NOT CONFLICT WITH THE PURPOSES OF INCLUDING LAND IN IT; d) LIMITED EXTENSION, ALTERATION OR REPLACEMENT OF EXISTING DWELLINGS SUBJECT TO POLICIES C18, H22, H23 AND H24 BEING SATISFIED; e) LIMITED INFILLING IN EXISTING VILLAGES INSET WITHIN THE GREEN BELT, f) LIMITED AFFORDABLE HOUSING FOR LOCAL COMMUNITY NEEDS WITHIN EXISTING SETTLEMENTS, SUBJECT TO POLICY H8 BEING SATISFIED. CONV ERSION OF BUILDINGS IN THE GREEN BELT. POLICY C18 SUBJECT TO POLICI ES H19, H2 0 AND E6, P ROPOS ALS FOR THE RE-US E, CONV ERSION OR EXTENSION OF EXISTING BUILDI NGS IN THE GREEN BELT WILL BE PERMITTED WHERE THEY MEET ALL OF THE FOLLOWING CRITERIA: a) THE BUILDINGS ARE OF PERMANENT AND SUBSTANTIAL CONSTRUCTION; b) THE PROP OSED US E AND ANY ASSOCIATED US E OF LAND ARE IN KEEPING WITH THEIR S URROUNDI NGS AND DO NOT HAV E A GREATER IMPACT THAN THE P RES ENT USE ON THE OP ENNESS OF THE GREEN BELT OR ON THE PURP OS E OF INCLUDING LAND IN IT; AND c) THE FORM, BULK AND GENERAL DESIGN OF THE BUILDINGS ARE WELL RELATED TO THE CHARACTER OF THEI R SURROUNDINGS.; POLICY C19 AT THE FOLLOWING MAJOR DEV ELOP ED SITES WITHIN THE GREEN BELT: - POLICE HEADQUARTERS, PONTELAND - COTTAGE AND RURAL ENTERP RISE VILLAGE, PONTELAND (CARE) - PONTELAND HIGH AND MIDDLE SCHOOLS, PONTELAND - PONTELAND LEISURE CENTRE, PONTELAND PROPOS ALS FOR LIMITED INFILL DEV ELOPMENT, OR PARTIAL RE-USE WILL BE ASS ESS ED AGAINST THE FOLLOWING CRITERIA:- i) THE PROP OSAL WOULD NOT HAV E A GREATER IMPACT THAN THE PRES ENT US E ON THE OP ENNESS OF THE GREEN BELT AND THE PURPOS ES OF INCLUDING LAND IN IT; ii) ANY NEW BUILDINGS SHOULD NOT EXCEED THE HEIGHT OF THE EXISTING BUILDINGS OR LEAD TO A MAJOR I NCREAS E IN THE DEV ELOP ED PROPORTION OF THE SITE. PROPOS ALS FOR MAJOR RE-US E OR DEMOLITION AND REDEV ELOPMENT WILL ALSO BE ASSESS ED AGAINST THE FOLLOWING CRITERI A: - i) ANY NEW BUILDINGS WOULD NOT OCCUP Y A LARGER AREA OF LAND THAN, NOR EXCEED THE HEIGHT OF THE EXISTING BUILDINGS AND WOULD BE IN KEEPING WITH THEIR CHARACTER AND S ETTI NG. NEW BUILDINGS S HOULD BE SITED S O AS TO RETAI N THE MAIN FEATURES OF THE LANDS CAP E AND TO ACHI EV E THE INTEGRATION OF THE DEV ELOPMENT I NTO ITS S URROUNDI NGS. PROPOSALS SHOULD FORM PART OF A COMP REHENSIVE LONG TERM PLAN FOR THE SITE AS A WHOLE; ii) WHERE BUILDINGS ARE OF SPECIAL ARCHITECTURAL OR HISTORIC I NTEREST, THEIR RETENTION MUST BE THE PRIMARY OBJECTIV E, EITHER THROUGH RE-US E OR CONVERSION. WHERE PARTIAL OR TOTAL REDEV ELOPMENT OF SUCH BUILDINGS IS PROPOS ED THE DEVELOP ER MUST DEMONSTRATE THAT THE NEED FOR THE DEVELOPMENT OUTW EIGHS THE RETENTION OF THE BUILDI NG IN ITS UNALTERED FORM AND THAT RE-US E OR CONV ERSION IS NOT VIABLE; iii) THE DEV ELOPMENT WOULD NOT ADV ERS ELY AFFECT AREAS OF NATURE AND HERITAGE CONS ERVATION IMPORTANCE iv) THE DEV ELOPMENT WOULD NOT REQUIRE MAJOR I NV ESTMENT BY THE LOCAL AUTHORITI ES TO PROVIDE INFRASTRUCTURE AND COMMUNITY FACILITIES v) THE DEV ELOPMENT COULD BE ADEQUATELY LINKED TO THE STRATEGI C ROAD AND PUBLI C TRANSPORT NETWORKS, TOGETHER WITH I NCORP ORATING MEASURES TO REDUCE THE NEED TO TRAV EL BY PRIV ATE CAR AND ENCOURAGE ALTERNATIVE MEANS OF MOBILITY. vi) ANY DEV ELOPMENT P ROPOS ALS WHI CH INCLUDE RESIDENTIAL US ES MUST BE SUBJECT TO A SEQUENTIAL TEST*. THEIR CONTRI BUTION TO MEETING LOCAL HOUSING NEEDS, COMPLIANCE WITH OTHER HOUSI NG POLI CIES AND THE STRUCTURE PLAN HOUSI NG REQUI REMENTS WILL ALSO BE CONSI DERED. THE RELEAS E OF SITES WILL BE PHAS ED TO ASSIST WITH THE IMPLEMENTATION OF THE LOCAL PLAN STRATEGY. APPLICANTS MUST ALS O DEMONSTRATE A CLEAR RELATI ONS HIP BETW EEN THE PROPOS ALS AND EXISTING US ES THAT WILL REMAIN ON SITE, WITH A VIEW TO CREATING A MORE SUSTAINABLE DEV ELOPMENT P ATTERN. vii) ANY DEV ELOPMENT PROPOSALS WHICH INCLUDE ALTERNATIV E EMP LOYMENT US ES MUST NOT AFFECT THE IMPLEMENTATION OF OTHER EMPLOYMENT ALLOCATIONS WITHIN THE LOCAL PLAN AND MUST NOT AFECT THE VITALITY OR VIABILITY OF EXISTING MAIN AND LOCAL S ERVI CE CENTRES. DEVELOP ERS MUST, W HERE P ROP OSALS ARE AT RISK OF FLOODING OR MAY INCREASE FLOODING ELS EWHERE, DEMONSTRATE BY MEANS OF A FLOOD RISK ASSESSMENT THAT THE PROP OSAL WILL NOT CAUS E AN UNACCEPTABL E RISK OF FLOODING. Northumberland County and National park Joint Structure Plan- (2005) Policy S5 identifies areas where the green belt should be extended, which encompasses the application site in bringing the area of green belt around Morpeth. Policy S11 sets out the sequential approach criteria. Regional planning policy guidance This aims to appropriately maintain and extend the greenbelt in the region. There is an increase in housing allocation is proposed 130 dwellings per annum for the period 2011-16 and a reduction by 10 thereafter. Although this proposal is not consistent with RSS locational objectives, because it is outside of a defined settlement the principle for development has already been established by planning permission. The site covers 31 hectares, much of which includes landscaped grounds and ancillary uses. The density of development on those discreet sections of the site where house building and conversion to residential use is proposed would exceed 30 dwellings per hectare. This is consistent with RSS policy 29. The proposal includes measures to protect and enhance the biodiversity of the site including significant additional woodland planting, a landscape design strategy and measures to protect bats. This is consistent with RSS policies 33 and 36. The development includes the use of Sustainable Drainage System (Suds) techniques consistent with RSS policy 34. The affordable homes are to be constructed to Code Level 3 of the Code for Sustainable Homes. This is consistent with RSS policies 3, 24n and 38. Transport and accessibility matters have been covered in strategic terms within the outline planning permission and associated section 106 planning obligation. The layout submitted with these reserved matters would not impact adversely on opportunities to implement the sustainable transport measures secured through the planning obligation. This raises no issues of conformity with RSS. Outstanding issues of non-conformity with RSS policies RSS policy 2, 3, 24n, 38 and 39: The proposal is being designed having regard to a sustainability strategy which covers green travel, energy efficiency in building specifications and the inclusion of community safety/secured by design principles in the development. These measures are all s upported by RSS. The applicant refers to consideration for installing a biomass district heating system partly due to the lack of an available gas supply. However, there is no definite commitment to providing this element within the development. RSS policy 38 requires that at least 10% of the development‟s energy supply should be derived from decentralised and renewable or low-carbon sources, and demonstrate, using for example the micro-renewables toolkit that this is unfeasible or unviable. It is also unclear what code for sustainable homes build the standard market housing will be built to or what BREEAM standard will be achieved for the non-residential development. RSS requires high standards for each. These requirements must be reflected for this proposal to conform with RSS policies 2, 3, 24n, 38 and 39. The principle of mixed use development is established for this site through the grant of outline planning permission in April 2007. The development is in accordance with the general terms of that permission and an associated section 106 planning obligation. Whilst there are a number of elements such as Suds and landscaping, which reflect RSS objectives, the proposal must properly reflect the energy efficiency and renewable energy generation requirements to be in general conformity with RSS. National planning policy guidance Government Policy / Guidance PPS 1, PPG 2, PPS 3, PPG4, PPS 6, PPS7, PPS9, PPG13, PPG 17 are all applicable. PPG2-Greenbelt Annex C Para 4 states- C4. Whether they are redundant or in continuing use, the complete or partial redevelopment of major developed sites may offer the opportunity for environmental improvement without adding to their impact on the openness of the Green Belt and the purposes of including land within it. Where this is the case, local planning authorities may in their development plans identify the site, setting out a policy for its future redevelopment. They should consider preparing a site brief. Redevelopment should: (a) have no greater impact than the existing development on the openness of the Green Belt and the purposes of including land in it, and where possible have less; (b) contribute to the achievement of the objectives for the use of land in Green Belts (paragraph 1.6 below - see also paragraph 3.13); (c) not exceed the height of the existing buildings; and (d) not occupy a larger area of the site than the existing buildings (unless this would achieve a reduction in height which would benefit visual amenity). 1.6 Once Green Belts have been defined, the use of land in them has a positive role to play in fulfilling the following objectives: to provide opportunities for access to the open countryside for the urban population; to provide opportunities for outdoor sport and outdoor recreation near urban areas; to retain attractive landscapes, and enhance landscapes, near to where people live; to improve damaged and derelict land around towns; to secure nature conservation interest; and to retain land in agricultural, forestry and related uses. 3.13 When any large-scale development or redevelopment of land occurs in the Green Belt (including mineral extraction, the tipping of waste, and road and other infrastructure developments or improvements), it should, so far as possible contribute to the achievement of the objectives for the use of land in Green Belts (see paragraph 1.6 above). This approach applies to large -scale developments irrespective of whether they are appropriate development, or inappropriate development which is justified by very special circumstances. Development plans should make clear the local planning authority's intended approach. PPS3- Housing Local planning authorities should: plan to meet the housing requirements of the whole community, including those in need of affordable and special needs housing; provide wider housing opportunity and choice and a better mix in the size, type and location of housing than is currently available, and seek to create mixed communities; provide sufficient housing land but give priority to re-using previously-developed land within urban areas, bringing empty homes back into use and converting existing buildings, in preference to the development of greenfield sites; create more sustainable patterns of development by building in ways which exploit and deliver accessibility by public transport to jobs, education and health facilities, shopping, leisure and local services; make more efficient use of land by reviewing planning policies and standards; place the needs of people before ease of traffic movement in designing the layout of residential developments; seek to reduce car dependence by facilitating more walking and cycling, by improving linkages by public transport between housing, jobs, local services and local amenity, and by planning for mixed use; and promote good design in new housing developments in order to create attractive, high- quality living environments in which people will choose to live. PPG4- Industrial, commercial development and small firms Relevant sections Locational Factors Industry and commerce have always sought Locational advantage in response to various external factors. These include: the demands of customers; access to raw materials and suppliers; links with other businesses; the workforce catchment area; and various transport considerations. Business often gives high priority to good access to roads, and sometimes rail, airports and ports. The Locational demands of businesses are therefore a key input to the preparation of development plans. Development plan policies must take account of these needs and at the same time seek to achieve wider objectives in the public interest (see paragraph 11). Development plans offer the opportunity to: encourage new development in locations which minimise the length and number of trips, especially by motor vehicles; encourage new development in locations that can be served by more energy efficient modes of transport (this is particularly important in the case of offices, light industrial development, and campus style developments s uch as science and business parks likely to have large numbers of employees); discourage new development where it would be likely to add unacceptably to congestion; locate development requiring access mainly to local roads away from trunk roads, to avoid unnecessary congestion on roads designed for longer distance movement. Mixed Uses The characteristics of industry and commerce are evolving continuously, and many businesses can be carried on in rural and residential areas without causing unacceptable disturbance through increased traffic, noise, pollution or other adverse effects. Individual planning decisions will of course depend on such factors as the scale of the development, the nature of the use of the site and its location. 15. It is now generally recognised that it may not be appropriate to separate industry and commerce-especially small-scale developments-from the residential communities for whom they are a source of employment and services. In areas which are primarily residential, development plan policies should not seek unreasonably to restrict commercial and industrial activities of an appropriate scale - particularly in existing buildings - which would not adversely affect residential amenity. Planning permission should normally be granted unless there are specific and significant objections, such as a relevant development plan policy, unacceptable noise, smell, safety, and health impacts or excessive traffic generation. The fact that an activity differs from the predominant land use in any locality is not a sufficient reason, in itself, for refusing planning permission. In rural areas, applications for development necessary to sustain the rural economy should be weighed with the need to protect the countryside in terms of, for example, its landscape, wildlife, agriculture, natural resources and recreational value. Detailed advice on industrial and commercial development in the countryside, including National Parks and Areas of Outstanding Natural Beauty, is given in PPS7, "The Countryside and the Rural Economy". Advice on Green Belts, where industrial and commercial development will not normally be appropriate, is provided in PPG2. Changes from agricultural use to other use require full planning permission. Where they are disposed to permit industrial or commercial developments in residential and rural areas, planning authorities should bear in mind that subsequent intensification of the use may become unacceptably intrusive. Unless it amounts to a material change in the character of the use, intensification cannot be controlled if unconditional planning permission has been granted. Planning authorities should, therefore, consider the use of planning conditions or planning obligations to safeguard local amenity, where they would be an appropriate means of preventing foreseeable harm. Notwithstanding paragraph 15, planning authorities should consider carefully whether particular proposals for new development may be incompatible with existing industrial and commercial activities. The juxtaposition of incompatible uses can cause problems for the occupiers both of the new and of the existing development. For example, where residential development is proposed in the vicinity of existing industrial uses, the expectations of the residents may exceed the standards applied by the planning authority, and may give rise to pressure to curtail the industrial use. This may be a particularly acute problem where other legislation, such as that relating to environmental pollution or public health, might subsequently result in costly new conditions or restrictions being imposed on the industry as a consequence of the new neighbouring development. Further advice on this issue will be given in the forthcoming PPG on Planning and Pollution Control. It is preferable for buildings to be used appropriately than to stand wholly or partially empty. In older buildings, particularly those containing retail uses at ground level, the demand for the former mix of uses may have declined as a result of changing circumstances. A flexible attitude with respect to use may therefore be required to enable suitable re-use or new uses to be instituted in under-used space where this might contribute to the preservation of the building or enhancement of the townscape. PPS 7- Sustainable Development Key Principles Planning authorities should adhere to the following principles in their approach to planning and development control in rural areas: i. Decisions on development proposals should be firmly based on sustainable development principles - ensuring an integrated approach to the consideration of social progress, effective protection of the environment, prudent use of natural resources, and maintaining high and stable levels of economic growth and employment. ii. Good quality, carefully-sited development within existing towns and villages should be allowed where it meets local economic and community needs (including affordable housing for identified local needs), maintains or enhances the local environment, and does not conflict with other planning policies. iii. Larger scale developments should be located in or near to towns or other service centres that are accessible by public transport, walking and cycling. iv. New development away from existing settlements, or outside areas allocated for development in development plans, should be strictly controlled; in particular, isolated new houses in the countryside require special justification. v. Priority should be given to the re-use of previously-developed (brownfield) sites in preference to the development of Greenfield sites, except in cases where brownfield sites perform so poorly in terms of sustainability considerations (e.g. remoteness from settlements and services) in comparison with Greenfield sites. vi. All development in rural areas should be well designed, in keeping and scale with its location, and sensitive to the character of the countryside and local distinctiveness. . ANALYSIS Green Belt Whether the St Mary‟s site is‟ washed over‟ by green belt or a „window‟, can be debated but the logical approach following the SoS decision would be to regard the site as falling within the green belt. New building within the green belt is inappropriate unless it is for one of the purposes prescribed in policy guidance PPG2. Annex C (paragraph C4) explains that the complete or partial redevelopment of major developed sites may offer the opportunity for environmental improvement without adding to their impact on the openness of the green belt. The extent to which development at St Mary‟s hospital would affect the openness of the green belt was pivotal to the final decision reached by the SoS DCLG. Heritage Conservation English Heritage raises no objection to the proposals: These will deliver restoration of the listed gardens and the conversion and landscaping proposals will preserve the „airing courts‟, all of which is compatible with PPG15. Sustainability The sequential approach must be followed for the release of sites, in addition accessibility to homes jobs and services etc. including the contribution the development would bring to building communities are appropriate considerations. Most principal buildings on the site are to be retained and converted. The site at St Mary‟s is previously developed land and does not perform „so poorly‟ in relation to sustainability criteria (PPG3), given the mix of employment and residential uses envisaged, the services on site, which are integral to the scheme and the green travel plan. 35 existing dwellings will also benefit from the improved facilities. Design Quality The proposed housing character within the new build village has developed from the combination of local Northumbrian village housing integrated with the character of the existing dwellings on the St Mary‟s site. The St Mary‟s houses such as the Lodge, Ravensworth & Royston House bring a modest flavour of 1930‟s arts and crafts with some timber cladding, feature windows, exposed joist ends along the eaves, asymmetric roof pitches in places, bay windows and render panels. This amalgamation of styles as inspiration provides a unique response to the setting and will result in a distinctive sense of place. Northumbrian villages are predominantly constructed from local buff coloured stone. The existing buildings at St Mary‟s are predominantly laced with a hard red brick with some buff brick banding and brick detailing. There are some areas of textured render and some timber additions by way of pavilions, terraces and conservatories. The proposed approach to the new village is to use predominantly red brick, sitting comfortably with the existing buildings on site and bringing the nature of a homogeneous village. The style of the typical Northumbrian village houses is solid, simple, honest and uncluttered. The design of an individual facade within the heart of a village is seen in the context of the overall village setting rather than trying to be a distinctive stand alone building. The dwellings have a simple and straightforward relationship with the public realm that is habitable rooms facing the public spaces, windows in side gables, features that turn corners. This will all be reflected within the proposed new build. Larger houses in Northumbrian villages are often located towards the outskirts and include bolder roof features, bay windows, larger front gardens that form part of the public face of the building and gable or tower features that form distinctive feature elements. The front, public face of the dwelling elevations are designed to reflect a more traditional style, albeit a contemporary craft based version. The rear of the houses, facing the courtyards, have been purposefully designed to have a more contemporary feel with larger patio doors and roof terraces that face onto the private gardens and the landscaped area of the courts. Open Space and Recreation Football/cricket pitches, tennis courts, a bowling green and pavilion are all present but in poor condition. Bringing these back into use will benefit occupiers of the development as well as existing residents. No floodlighting is envisaged - this may be conditioned. Transport The Travel Plan predicts that the development will generate less traffic than when the site was used as a hospital, therefore there would be less of a need for upgrades on the local network. The figures provided in the Transport Assessment suggest that the existing road network would be able to cope with the impact of additional traffic. Discussions between the developer and the NCC have identified that a new dedicated bus service to run from Stannington to Morpeth via St Mary‟s , Tranwell and Kirkhill will be a direct benefit by linking key destinations including Stannington, schools and employment opportunities (Whalton Road). Infrastructure Upgrading of the existing services will be required. Sustainable Urban Drainage System techniques are proposed to direct surface water run-off to specific areas within the site and enhance the amenity value. Run-off is also to be reduced through the use of water butts on residential properties and „grey water‟ use is proposed for commercial properties. Employment /residential balance A range of property sizes from larger live–work units to smaller apartments are required to give an optimum mix for delivering not only the employment uses proposed but also the restoration of the formal gardens and playing pitches, improved transport and affordable housing. Evidence given at the inquiry showed that 160-165 new dwellings are needed as enabling development to achieve a viable scheme. Ecology Based on the information provided relating to condition 11 of reserved matters, Natural England advises that: With regards to the buildings on site The proposal is unlikely to have an adverse effect in respect of species especially protected by law, subject to the continued adherence to the mitigation strategy now fully detailed in St Mary’s Hospital, Stannington, Bat Survey Report; October 2008 Final; baker shepherd gillespie and reflected in the delivery section of the design and access statement. With regards to the trees on site Natural England would advise the Local Planning Authority (LPA) to ensure that before works commence on any trees on site survey work is undertaken by a suitably qualified ecologist, of the trees to be affected, and if a bat roost is found a mitigation strategy be formulated and adhered to in agreement with the LPA. The applicant should be made aware that if any tree contains a bat roost alternative roost provision and/or a licence may be required before works to the tree can commence. The applicant can be advised by their ecologist on this matter. Phasing of the development. Natural England would advise that the phasing is crucial to the bat mitigation strategy as acknowledged by the applicant in the design and access statement. Natural Eng land would therefore require that the LPA be mindful of this when discharging this condition. On-site lighting post development The issue of lighting has not been previously addressed with regards to bats using the site. Any external lighting installed ma y deter bats from roosting and/or foraging over the site. Lighting should be sited so as to avoid disturbance or deterrence to bats during development and post development. As this is an important site for bats the agreed lighting scheme should be retained hereafter. Natural England would request that the issue of bats using the site be included in the consideration of lighting at the detailed stage. The applicant should be mindful of this issue and ensure they comply with relevant legislation. The project ecologist can advise on this matter. CONCLUSION There were (outline) and are many positive elements to the application, namely: Employment generation (over 200 jobs envisaged), some businesses have been identified to take up premises at St Mary‟s. With the „live-Work‟ units, this is estimated to result in around 250 jobs, compared with 172 dwellings; 106 new build dwellings plus 66 by conversion. A proportion of the new build properties -an increase from the previous 11 units to 17 have been agreed, as affordable housing. provision of a community centre the re-use of the redundant site positive measures to introduce sustainability to the scheme with work-live housing elements, and a green travel plan, A demand responsive transport initiative and construction primarily on brownfield areas of the site, including a substantial conversion element A layout which in general terms seeks to respect the historic garden and landscape, by preserving this and restricting new development to areas which would largely respect the existing setting A layout which respects the existing community in The Avenue Restoring the playing fields and making them available to the wider community Respecting the ecology within the site Retaining the water tower Given that the visual impacts of the development on this brown field site are confined such that the development would not affect the openness of the green belt, the proposals are considered compatible with policy guidance and accordingly, approval of the reserved matters is recommended. 3. RECOMMENDATION- Approve with the following conditions 1 The development hereby permitted must be commenced within three years from the date of this permission REASON. To ensure that the development is commenced within a reasonable period of time from the date of this permission. 2 Before any work is commenced a programme showing the phasing of the development shall be submitted to and approved in writing by the Local Planning Authority and the development shall not proceed other than i n accordance with the approved programme. The phasing program must identify the employment and conversion elements, 17 affordable housing units and 20 live-work units., to ensure that all these units are completed in accordance with the Section 106 agreeme nt. REASON In the interests of the proper programming of the development. 3 No development shall take place on the site until a written scheme of investigation, for building recording work has been approved by the local planning authority, as defined in the brief dated 17/11/06. The approved scheme of investigation shall be implemented prior to any demolition of structures across the site, subject to any variations agreed in writing by the local planning authority. REASON: To accord with policy C41 o f Castle Morpeth District Local Plan (Adopted Feb 2003) and due to the local historic interest of the site. 4 An agreed sum shall be paid by the developer to the local highway authority for local highway improvements and signage, prior to occupation of the first dwelling, unless otherwise agreed in writing with the local planning authority.(reference is made to the Section 106/299A agreement). REASON: To accord with the requirements of the local highway authority in the interests of highway safety. 5 Prior to the commencement of the development, details of protective measures, which should include a heavy membrane to be incorporated in the development hereby approved, or site evaluation and analysis assessing the likelihood of the production of stythe so as to demonstrate that the incorporation of a membrane is unnecessary, shall be submitted to the Local Planning Authority for their written approval. REASON: Having regard to the former mining activities in this area, in order to prevent any accumulation of oxygen deficient air which may potentially be prejudicial to the occupants of the premises. 6 Development shall not commence until a detailed scheme for the treatment of the foul flows from the development hereby approved has been submitted to and approved in writing by the Local Planning Authority in consultation with Northumbrian Water. Thereafter the development shall take place in accordance with the approved details. Reason: The Sewage Treatment Works to which the development will discharge is at full capacity and cannot accept the foul flows. 7 No development shall be commenced until details of all surface water drainage in accordance with the flood risk assessment and accompanied with a bird hazard risk assessment, which ensures that the development is carried out in a manner that minimizes the possibility of aircraft bird strike have been submitted and approved by the local planning authority in consultation with Northumbrian Water and Newcastle International Airport: The said details including all mitigation shall be carried out in accordance with the measures and timescale as may be agreed. REASON: In order to minimise the risk of bird-strike to aircraft using Newcastle International Airport within the 13 km safeguarding zone and to ensure the discharge of SW from the site does not increase the risk of flooding from sewers in accordance with the requirements of PPS25 “Development and Flood Risk” and complies with the Hierarchy of Preference contained within Revised Part H of the Buildi ng Regulations 2000. In discharging the condition the Developer should develop his Surface Water Drainage solution by working through the Hierarchy of Preference contained within Revised Part H of the Building Regulations 2000. Namely: - Soakaway Watercourse and finally Sewer. If sewer is the only option the developer should contact New Development Team at NWL, Leat House, Pattinson Road, Washington, NE38 8LB to arrange for a Developer Enquiry to ascertain allowable discharge points & rates. 8 If during development of the site, contamination not previously identified, is found to be present at the site then no further development (unless otherwise agreed in writing by the LPA) shall be carried out until the developer has submitted a Method Statement to the LPA. The Method Statement should detail the remediation requirements, including measures to minimize the impact on receptors, using the information obtained from the Site Investigation. No remediation shall be carried out until details have been submitted in writing and approved by the LPA. REASON: To ensure that the development complies with approved details in the interests of protection of Receptors. 9 Upon completion of the remediation detailed in the Method Statement a report shall be submitted to the LPA that provides verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement(s). Post remediation sampling and monitoring results shall be included in the report to demonstrate that the required remediation has been fully met. Future monitoring proposals and reporting shall also be detailed in the report. REASON To protect Receptors by ensuring that the remediated site has been reclaimed to an appropriate standard. Receptors are : a) Human Beings b) Ecological Systems or living organisms forming part of a system within protected locations. c) Property in the form of buildings. d) Property in other forms: crops, livestock, home-grown produce, owned or domesticated animals, wild animals subject to shooting or fishing rights e) Significant pollution of Controlled Waters. 10 All development must be carried out in strict accordance with the report contained in the Appendix to the St Mary's Hospital Planning supporting statement October 2006, specifically- a. more specific surveys to be carried out for the detailed planning stage, including building interiors and roof spaces, to assess site usage by bats and to enable design of appropriate mitigation b. detailed bat survey of trees to be lost must be undertaken prior to their removal c. A checking survey for bats must be undertaken of all areas as access to loft areas becomes available, during the restoration process and a report on its findings be forwarded to English Nature d. Replacement of bat roost sites (based on a worst case scenario) e. The development of measures to secure successful implementation of adequate mitigation and monitoring of its effectiveness REASON: In the interests of preserving protected species. 11 No development approved by this permission shall be commenced until a scheme for the provision and implementation of surface water drainage incorporating sustainable drainage and surface water attenuation have been submitted and agreed in writing by the Local Planning Authority. The scheme shall implemented in accordance with the approved details and prior to its completion no impermeable surfaces constructed maybe permitted to drain into this system unless otherwise agreed by the Local Planning Authority. NOTE: The scheme required by the above condition shall be implemented in accordance with the 'principle' approved details of 4.1 of the submitted FRA dated September 2004. To meet the above requirements, details must include storage capacity to a 1 in 100 year storm event. REASON: To alleviate the increased risk of flooding elsewhere. 12 All road works and associated works shall be to a standard eligible for adoption in accordance with Northumberland County Council manuals or as agreed in consultation with the county highway authority. REASON: To achieve a satisfactory form of development in the interests of highway safety. 13 No development shall be commenced until a fully dimensioned layout plan incorporating road drainage, street lighting and landscaping together with a longitudinal section of the new road and details of construction of the carriageway, footpaths and accesses has been submitted to and approved in writing by the Local Planning Authority in consultation with the county highway authority. REASON: To achieve a satisfactory form of development in the interests of highway safety. 14 The proposed roads, including footways and turning spaces where applicable, shall be constructed in such a manner as to ensure that each dwelling before it is occupied shall be served by a properly consolidated and surfaced footway and carriageway to at least base course level between the dwelling and existing highway. All manhole covers and gully frames shall be set to the level of the temporary running surface until immediately prior to the laying of the final wearing course. REASON: To ensure that the development is served by an adequate means of access. 15 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, All 'live-work' units are a combination of Use Classes C3 with B1 or A2, (including B1 Office, Professionals, IT, Artist/Drawing based professions, sewing, mailing support etc.) and shall be retained in that form as a hybrid use and shall not revert to wholly residential use unless specifically approved in writing by the local planning authority. REASON: In order to retain the prescribed use of the live-work premises, which is an integral part of the overall re-development of the former hospital site. 16 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no subsequent extension or alteration of the live-work buildings, including the erection of any garages, porches or ancillary buildings, walls or fences shall be undertaken without the express consent of the Local Planning Authority. REASON: In order to retain the live-work premises, which is an integral part of the overall re-development of the former hospital site 17 Both Public Footpath No 14 and Bridle Way no.15 shall be protected during the course of the development. No action shall be taken to disturb the surface of the Public Right of Way without the prior consent of the local planning authority in consultation with the local highway authority. REASON: To ensure the public are not deterred from using the rights of way and the routes are protected unless a formal diversion Order is made. 18 No development shall commence until full details of car parking within the site have been submitted to and approved in writing by the local planning authority in liaison with the local highway authority. REASON: In the interests of highway safety.