For:      South Shropshire Housing Association, Savills Commercial Ltd, Caxton House, 1 Fore Street, Birmingham, B2 5ER

Ward: Kington Town

The Principal Planning Officer reported the following updates:-

Parks and Countryside Manager on the amended plans:

We have already agreed that the onsite provision will be fenced with seating and bins to provide informal play space for younger children with no formal play equipment as they offer little in play value. 

The Sport England contribution will be used towards leisure and recreational improvements at Lady Hawkins Leisure Centre in Kington.

I had discussed with the applicant’s client the possibility of the applicant maintaining the open space.   I note that this is not mentioned in the letter to you dated 10^th May 2007. The Council would not wish to adopt the site, as it will not be cost effect, as there is no other land in the vicinity, which we maintain.  Given that the applicant has not been asked to provide play equipment I would expect this to be a reasonable request. 

The Conservation Manager (landscape) on the amended plans:

The revised layout is as per my discussions with Chris Still (Savills) and addresses the importance of protecting the mature Black Pines to the west of the site. Naturally the older the tree the more sensitive it is to change and impact from development. They will also have more defects and potentially present a greater 'risk' and are harder to replace (visually). The negotiated revised layout increases the amount of space afforded to these trees. However, in order to achieve the improved layout it has been necessary to sacrifice a number of smaller, less significant trees also covered by a TPO (1 Silver Birch, 1 Cypress, 1 Holly, 4 Maples & 1 Ginko). Only the Birch is a visually significant tree, the other trees also exhibit a number of significant defects.

Grant of planning permission supersedes the protection afforded by the TPO; however, the requirement to replant suitable replacement trees remains. If you have attached a condition requiring the submission of a landscaping scheme then replacement trees should be indicated, otherwise this should be negotiated separately with this office.

It should also be noted that the revised layout allows for the play area to be located away from trees, the front of the site and away from the road

Kington Town Council comments on the amended plans:

If these trees do have to be removed to accommodate these amendments that replacements should be considered.

The Town Council is pleased that the amendments address and meet the comments made to South Shropshire Housing about this application in their pre-submission stage.

The amendments are accepted and the application is recommended for approval.

letter from Mr and Mrs S Jones of a nearby property:

As an immediate neighbour and owner they have the strongest possible objection to the moving of the entrance. If this was to go ahead it would be directly opposite our existing driveway where the road is narrow and close to a blind bend thus making the entrance and exit to our property very dangerous indeed even if a speed limit was imposed.

Strongly object to the planting of trees as the growth at Kingswood Hall over the last few years has been considerable and caused a loss of light. More trees would increase this loss of light.

Section 106 Agreement

A Draft 106 agreement has been submitted which sets out the financial contributions and the affordable housing provision. In particular it should be noted that the affordable housing be allocated to ‘local’ persons in the first instance. The criterion for this is set out in the agreement.

The Section 106 agreement / Heads of Terms should have also made reference to contributing towards the alteration to the 30MPH zone to beyond the application site.

Officers Comments

In response to the concerns of the Councils Ecologist an ecological survey of the buildings and site has been commissioned. This will be undertaken over the next two weeks to a programme that has been agreed with the Councils Ecologist.  

Councillor TM James the Local Ward Member said that there were a number of issues connected with the site, its relationship with the surrounding area and the proposed access which merited a site inspection. The Sub-Committee concurred with this view.

RESOLVED:

That a site inspection be held for the following reasons:

i.        The character or appearance of the development itself is a fundamental planning consideration;

ii.      A judgement is required on visual impact; and

iii.    The setting and surroundings are fundamental to the determination or to the conditions being considered.

In accordance with the criteria for public speaking, Mrs Newman of Kington Town Council and Mrs Pugh of South Shropshire Housing Association spoke in favour of the application.  Mrs Jones an objector decided to defer her right to speak until the application came back to the Sub-Committee.