6.5

North Somerset Council

REPORT TO THE PLANNING & REGULATORY COMMITTEE

DATE OF MEETING: 4TH JANUARY 2006

SUBJECT OF REPORT: PLANNING APPLICATION 05/P/0104/F - VARIATION OF CONDITION 5 ON APPLICATION 00/P/1844/OT2 TO ENABLE CONSTRUCTION OF NO MORE THAN 1650 DWELLINGS ON THE ASHLANDS, PORTISHEAD

TOWN OR PARISH: PORTISHEAD

OFFICER/MEMBER PRESENTING: DEVELOPMENT CONTROL MANAGER

KEY DECISION: NO

RECOMMENDATIONS

That the application be DEFERRED for one cycle to enable the issues raised by the North Area Committee to be addressed.

1. SUMMARY OF REPORT

The application raises issues about the level of traffic generated by the development area. It was recommended for approval at the North Area Committee.

2. POLICY

See attached report to North Area Committee.

3. DETAILS

This application was referred to the Planning and Regulatory Committee because of the strategic transport and housing provision for Portishead raised by this application. It was recommended for refusal by North Area Committee at its meeting on 8^th December 2005.

In considering the application, despite the lifting of the Article 14 Holding Direction by the Highway Agency, objections were raised by Members about the cumulative impact of increased development at Portishead and the detrimental effect that this would have on highway safety and congestion on junction 19 of the M5 and the A369.

At the time of writing, more work is being done to address these concerns and it is intended to bring the application back to the February meeting.

4. CONSULTATION

Details of the consultations are as set out in the report to the Area Committee, and further information on the issues raised by the Highway Agency will be reported to Members at the February Committee meeting.

5. FINANCIAL IMPLICATIONS

If approved the scheme will attract contributions towards community provision & infrastructure requirements. If refused on highway grounds there may well be costs awarded against the Council if the Council cannot produce evidence to support its objections.

6. EQUALITY IMPLICATIONS

None

7. CORPORATE IMPLICATIONS

None

8. OPTIONS CONSIDERED

Applications can either be approved or refused.

Author

Roger Willmot, Team Leader, Major Applications Group

Tel: 01275 884567

roger.willmot@n-somerset.gov.uk

Background Papers

Report to North Area Committee 8^th December 2005.

All supporting papers listed in that report, submitted in connection with the application

PPG’s 1, 3, and 13.

North Somerset Local Plan

Draft Replacement North Somerset Local Plan 2^nd Deposit

North Area Committee 8^th December 2005	ITEM NO: 2
APPLICATION NO: 05/P/0104/F	TARGET DATE: 10-MAR-2005
APPLICATION: Variation of condition 5 on application 00/P/1844/OT2 to enable construction of no more than 1650 dwellings on the Ashlands, Portishead
SITE ADDRESS: The Ashlands, Portbury
PARISH/WARD: Portishead East/ Gordano		WARD COUNCILLOR(S): Terry & Ashton

The following plan is for illustrative purposes only, and cannot be guaranteed to be up to date or to scale.

LOCATION PLAN: (This map is based upon Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty’s Stationery Office c. Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Somerset Council, LA09063L,2001)

2 05/P/0104/F VARIATION OF CONDITION 5 ON APPLICATION 00/P/1844/OT2 TO ENABLE CONSTRUCTION OF NO MORE THAN 1650 DWELLINGS ON THE ASHLANDS, PORTISHEAD/PORTBURY

(GR 48096 7628)) David Tate

REFERRED DELEGATED ITEM BY COUNCILLOR TERRY

Background

Members will recall that this planning application was presented ‘for information’ at Committee on the 21^st April 2005 and it was agreed, in view of the concern about densities that a site inspection be carried out. The intention was to view that part of the Ashlands (Area 1) that is currently being built, and to allow members to get a feel for the existing densities in Area 1 and how this might translate into the remainder of the site. The Committee site visit was held on the Tuesday 26^th July 2005.

Members will also be aware that the Highways Agency had imposed a ‘Holding Notice’ that directs the Council not to grant permission for this application for a period of six months. This Notice expired on the 3^rd August 2005. Following the initial direction the Highways Agency had issued a further 3-month direction that expired on the 3rd November 2005. The Highway Agency has now removed their objection to the application, and their comments are set out in Issue: 1 of this report.

Members are asked to note that a financial appraisal of the applicant’s Land Appraisal Report has been commissioned and its conclusions will be available by the time of the meeting.

Site Description

The Ashlands site is located in the north-east quadrant of the East Portishead Action Area, lying immediately to the east of Portishead Docks and north of the disused railway line. The site comprises some 67 hectares (gross) 45.3 hectares (net) and measures approximately 1.1 kilometres north to south and between 0.5 kilometres and 1 kilometre east to west. The site comprises 48 hectares of land previously subject to filling with ash and clinker by-products from the former Portishead Power Stations operations, together with a 30,000 cubic metre domestic refuse tip. A 2.2-hectare electrical switching station, 4 lines of overhead 132 kilo vault electricity power lines have now been relocated off site. The site is bounded on its northern boundary by the Severn Estuary that is a site of Special Scientific Interest and is of European significance (a RAMSAR site).

Relevant Planning History

Year	Reference	Proposal	Decision
2000	00/P/1844/OT2	Housing development, primary school, open space provision, and infrastructure	Approve

The Application

This Section 73 application proposes to vary the terms of Condition 5 of the outline consent granted in August 2002. The planning condition 5 states: "no more than 1500 dwellings shall be constructed on the site" and the reason for the conditions states that "in order to ensure that the development does not have the effect of overloading the junction 19 access of the M5 motorway in accordance with Policy T/11 of the adopted North Somerset Local Plan and to ensure that development meets its full contribution towards community facilities.”

The application seeks to vary Condition 5 in order to provide an additional 150 dwellings such that on final approval the new condition will state that no more than 1650 dwellings shall be constructed on site.

Policy Framework

The site lies within the settlement boundary of Portishead.

The main relevant policies are as follows:

Development Plan

North Somerset Local Plan (NSLP)

NE/1 Forest of Avon

CON/1 Design of new development

HOU/2 Housing within settlement boundaries

HOU/11 Affordable housing on large housing sites

HOU/13 Housing for people with disabilities

RL/4 Footway/cycleway networks

RL/5 Parking/garage facilities

RL/8 Energy conservation

T/4 Strategic cycle routes

T/6 Cycle access and parking

T/10 Highway works in association with development

T/11 Development control

T/13 Vehicle parking standards

R/1 Outdoor playing space provision

R/2 Additional playing space

Joint Replacement Structure Plan (RSP)

Policy 1 Sustainable development

Policy 10 Public transport objectives

Policy 21 Creation of the Forest of Avon

Policy 24 Safeguarding for flooding

Policy 33 New housing development

Policy 35 Housing types

Policy 42 Public open space

Policy 45 Promotion of the use of the countryside

Policy 47 Improving alternative modes of transport

Policy 51 Promotion of cycling and walking

Other material policy guidance

Replacement Local Plan (NSRLP)

Policy H/1 & H/2 Housing

Policy H/3 Residential densities

Policy H/4 Affordable housing

Policy CF/1 Provision of cultural and community facilities

Planning Policy Guidance Notes

Relevant guidance is contained in the following PPG’s:

PPS: 1 General Policies & Principles

PPG: 3 Housing

PPG: 13 Transport

PPG: 17 Planning for Open Space, Sport & Recreation

PPG: 25 Development & Flood Risk

Circular 1/97

Supplementary Planning Guidance

Affordable Housing

Consultations

Third Parties: Fourteen letters of objection have been received. The principal planning points made are as follows:

1. Another 150 houses will mean at least 300 extra cars on the already very congested Portbury Hundreds.

Officer response: See Issue 1

2. Portishead already has too many houses and not enough infrastructure.

Officer response: See Issue 3

3. There is a need for a better road system to Bristol.

Officer response: See Issue 1

4. Cramming too many houses together will be unsightly

Officer response: See Issue 2

5. Additional pollution.

Officer response: There is no evidence to suggest that the additional dwellings will lead to an unsatisfactory level of pollution or that it will increase it.

6. Need to reinstate the rail link.

Officer response: See Issue 1

7. The proposal is not to do with need, but to do with more profit.

8. The extra 150 houses will have serious effect on local services.

Officer response: See Issue 3

Portishead and North Weston Town Council: "The Council recommend that this application be Refused on the grounds that provision of further "additional" housing will, without drastic improvements to Portishead's travel network and road infrastructure, exacerbate the levels of traffic congestion in the town and on the A369 Portbury Hundreds and the Sheepway on Gordano Services M5 roundabout in the rush hour.

Portishead and North Weston Town Council deplore:-

(1) The failure of the Secretary of State to implement any firm proposal to reinstate the railway.

(2) North Somerset Council who formally advised this Council that there would be no increase in residential house numbers when in fact there were ongoing negotiations to increase the number of dwellings to be built on The Ashlands.

(3) Developers who have exploited their financial gain by not offering further funding to ease traffic congestion in the town and its main commuting arteries.

Portishead and North Weston Town Council express its deep concern about the proposal to designate one lane of A369 Portbury Hundreds a High Occupancy Vehicle Lane (HOV) and we request:

(1) A full report on the current plan - when and how it will be implemented?

(2) That we are fully consulted and play an active role in planning improvements for the A369.

In addition Portishead and North Weston Town Council request that North Somerset Council provide a comprehensive report on the following:-

1. How the residents of Portishead are going to get out of the town - both in the short term and when the residential development is complete?

2. The impact of the new bus service No 695 (funded by Section106 money) - is this reducing the traffic out of Portishead?

3. Future plans for spending the Section 106 funding allocated for enhancing public transport.

4. Why the current buses are in the region of 30 years old? This hardly encourages commuters to use public transport.

5. The reason why we cannot have "more frequent buses" and "less expensive fares" to encourage commuters out of their cars?"

Portbury Parish Council: At the meeting of the Parish Council on 1^st February 2005, it was resolved to object strongly to this application, since the increase in the number of dwellings on the same acreage will lead to an unacceptable density. It will also add unacceptably to the already over large amount of traffic using the main artery of the A369 as well as the increased “rat runs” on narrow lanes in the parish of Portbury.

Highways Agency: The Agency have advised that the incremental congestion effect of an additional 150 houses on the Ashlands site would be likely to be judged de minimus. Consequently, the Agency does not consider that a technical case against this particular application can be sustained and the current Article 14 Direction has been lifted.

Environment Agency: “Confirm that the Addendum Report- March 2005 is acceptable to the Environment Agency and that the additional residential development will have no adverse affects on the extent strategy.

Wessex Water: It remains essential that the increased density and any phasing revisions do not prejudice or encroach on the easement area for the existing town pumping station rising main. The main infrastructure sewers and storage provision must be reviewed and details provided to confirm adequacy.

This will be managed be condition.

Sustrans: The application will increase pressures on open space and transport in addition to other impacts. If this development were approved, it would be reasonable to expect substantial contributions in mitigation that could be spent on various improvements to public access and sustainable transport that need not be confined to the close proximity of the site.

Planning Issues

Although there are a range of matters that relate to this submission, the three main planning issues are (1) the traffic impact on the surrounding highway network, particularly junction 19 of the M5, (2) the impact of increased densities on the character, design and layout of the area involved, (3) the additional impact on local services and amenities generated by the proposal, and (4) ecological mitigation and enhancement.

Issue1: Impact on traffic generation, more particularly Junction 19 of the M5

Following the initial direction from the Highways Agency that expired in August 2004, the Highways Agency had issued a further three-month direction, until the 3rd November 2005. The Highways Agency has evaluated traffic generation on junction 19 on the M5 and revisited the trip rate data.

The applicant has advised that their consultants, Arup has undertaken a rigorous and comprehensive investigation in the context of the preparation of the Traffic Assessment and subsequent further work requested by the Highways Agency.

The specialists Arup presented two methodologies for the investigative work required, the first of which would have been a “bolt-on” approach whereby the trips generated by the additional units could be simply added to the predicted traffic flows in the original August 2000 assessment. Being aware of the on-going development taking place in Portishead this approach was considered to be open to criticism. Under the circumstances, a full review of all the traffic data and the original trip distribution assumptions, based on up to date surveyed trip rates, was undertaken.

The Updated Traffic Assessment was subsequently completed in October 2004, in advance of the submission of the planning application. The applicant concludes by suggesting the extent of the Transport Assessment provides a comprehensive level of detail and justification that far exceeds that which is reasonably required to assess the potential impact of a modest 150 unit development on a motorway network and that the Arup assessment is robust with the conclusion that no further improvements are necessary at Junction 19.

The ‘Outline’ approval for the Ashlands is the subject of a planning agreement that secures a package of off site measures intended to address transport issues.

These include:

• Public transport subsidy (additional / improved bus services)
• Contribution to corridor strategy
• Additional traffic signals to Junction 19
• Alterations to junctions of Martcombe Hill and Portbury Hundred to J 19
• High Occupancy Vehicle lane on Portbury Hundred (subject to NSC call)
• Harbour Road Link
• Cabstand alterations
• Various local network improvements

The main highway issue is whether the additional 150 units will result in any quantifiable hazard or requires any additional off site works and or transport contributions above those secured with the original Ashlands agreement.

In this original assessment the schedule of ‘committed development’ included 73,280m² of employment. In the new Transport Assessment this has reduced to 65,470m². This lesser figure is a reflection of some employment areas being built and some being developed for other uses.

The already agreed works to Junction 19 of the M5 required by the Ashlands development will also increase the capacity at the Portbury Hundred junction to 1500 vehicles per hour (83% improvement on current capacity and 300 vehicles more than current demand). Thus if implemented today, the works are likely to eliminate the current queues and moreover, if commuters do not adjust their leaving patterns, a further 300 vehicles could present at junction 19 in the morning peak before significant queues built up again.

A great deal of work has been undertaken by the developers within the town to address local highway and accessibility issues. The Ashlands ‘package’ includes significant improvements to the junctions of the A369 to the motorway roundabout. These improvements were (and still are) predicted to ameliorate much of the queuing from the proposed development.

In reality there is only a finite amount of work able to be undertaken at Junction 19 and the works required at the junction may be regarded as just about the most that can be undertaken, without a complete reconstruction.

The Highway Agency’s consultants have now completed their analysis (November 2005) and with the revisions to the basic assumptions which were originally requested of the applicant, the junction is forecast (according to the Agency) to suffer from extreme congestion during the evening peak period when all currently planned development in Portishead is completed including the addition of a further 150 dwellings on the Ashlands site.

The results of the analysis indicate that, during the evening, queues would extend north from Junction 19 all the way across the Avonmouth Bridge and would be likely to compromise the safe operation of both the motorway and Junction 18 itself.

This scenario is not significantly changed by reducing the trip rates as the applicant considers should be done. The major factor is the routeing and distribution of traffic that has been revised to accord with Census 2001 Journey to Work data and has avoided the use of sub-standard routes such as Clapton Lane.

The analysis does not specifically address the morning peak situation since the trunk road network is not greatly affected at this time, but it is likely that, under the full development scenario, congestion on the A369 would be significantly worse than is currently the case. Further discussions with the Highways Agency are planned, independent from the processing of this particular planning application, in order to explore the potential measures that might assist in addressing the concerns of the Highways Agency about future build up of traffic.

However the Agency point out that, despite the long term scenario referred to above, the incremental congestion effect of an additional 150 houses on the Ashlands site would be likely to be judged de minimus. Consequently, the Agency does not consider that a technical case against this particular application can be sustained and the current Article 14 Direction has been lifted.

New employment provision in Portishead

The provision and growth of new employment opportunities in the Town is major contributing factor in helping to reduce the trip rates along the A369 and the M5. The Highway Agency has been advised that the development of new employment sites have been ongoing for the past two years or so, and have led, among others, to:

1) New DIY Homebase store, Wyndham Way

2) McDonalds

3) Industrial Units, Harbour Road

4) Area Y Harbour Road

5) Gordano Gate

The cumulative effect of this new and proposed mixed-use employment development in Portishead is likely to lead to a reduction in the need for local residents to commute out of the town for work and for leisure activities.

The High Occupancy Vehicle Lane (HOV)

The current agreement with the developers secures the conversion of one outbound lane on the A369 Portbury Hundred to an HOV lane; this lane would be 'set-back' (or stop short of) Junction 19 and, hence, would not adversely affect this junction. The council can 'call' for this element of the package between the 350th and 1250th occupation on the Ashlands. The objectives of Policy LP/2 of the Local Transport Plan suggest that it would now be beneficial to call for this work to be carried out.

In addition the Council, through the Joint Local Transport Plan process (JLTP), is preparing a bid for a package of improvements to bus services on selected corridors in the Greater Bristol area, which includes those on the A369 Portishead corridor. These 'Showcase' corridors would see improvements to services (better more modern low-floor accessible buses and, if justified, improved frequencies), stops (raised/drop kerbs, shelters and information) and bus priority measures (e.g. bus and HOV lanes) to improve bus service punctuality. If approved by the four Councils, the joint bid will be submitted in 2005 and, if Government funding is forthcoming, the schemes on the Portishead corridor could be progressed between 2007 and 2011.

If the showcase corridors proceed, the Town Council would be consulted on the detail of the improvements, but it must be stressed that the principle of the proposed scheme would be a part of the JLTP for North Somerset and the Greater Bristol sub-region.

Access to and from Portishead

The proposed works secured from the development will have a positive effect upon the capacity of junction 19. However, this is not to say that queues will not re-form as traffic levels grow over time. It is a regrettable axiom that if traffic capacity is provided, other traffic will divert or emerge from other routes to fill the gap.

Bus Service 695

This service has been provided with monies from the development package. At present its patronage is relatively small. But, it is hoped that by providing a service into the Ashlands as development progresses the service will become more used and in time become self-funding. The effect of the service upon the amount of traffic presenting at junction 19 is currently quite small.

Future Section106 Funding for Public Transport

The monies from the planning package are directed to the bus service. A further amount of money was secured to promote the rail corridor scheme. The funding for the latter is specifically for the rail corridor and cannot be used for another purpose.

The Age of the Bus Fleet

The fleet of buses is owned and operated by the Bus Company and the council has no power to require the vehicles to be renewed. Whilst there is some evidence that the presentation of the vehicle can have an effect upon the use of the service, the main factor influencing use is the speed and convenience of the journey. Hence the council’s LTP bid for showcase routes, which with the ‘bus quality partnership’ is likely to result in some new vehicles.

The Frequency and Cost of Bus Services

A reasonable balance has to be struck between the frequency and use of the service. It would be patently uneconomic for the company to operate (of the council to subsidise) a level of service in excess of the demand from the public. There are currently 3 buses per hour to and from Bristol. The inspector, in the determination of the recent Home Office appeal concluded that Portishead has a ‘reasonable’ bus service.

Under these circumstances, despite concerns that the additional 150 units will exacerbate the levels of traffic congestion in the town, on the A369, on Sheepway and on the Motorway roundabout in the rush hour, the additional 150 dwellings on their own will, in reality, have little significant effect upon the operation of the routes in and around Portishead and on Junction 19 of the M5. The Ashlands development has in fact provided new or improved routes for all modes of transport and as such the additional development is unlikely to necessitate further highway improvements.

Issue 2: The increase in numbers to 1650 dwellings, and its impact on urban design considerations

Paragraphs 57 and 58 of Planning Policy Guidance: 3 require Local Planning Authorities to encourage housing development to make more efficient use of land.

Local planning authorities should therefore avoid developments which make inefficient use of land, those of less than 30 dwellings per hectare net, but encourage housing development which makes more efficient use of land between 30 and 50 dwellings per hectare and seek greater intensity of development at places with good public transport accessibility such as city, town, district and local centres or around major nodes along good quality public transport corridors.

Due to the encouragement to make the best use of development land and achieve higher densities of development, members will be aware that the numbers of dwellings in the Port Marine development has increased from the projected 686 to 939 and in the East Dock from 600 to 1000 (capped).

The Ashlands Masterplan has been submitted and approved with a Section 106 Agreement and provides a framework for residential development within the site. The Masterplan sets out specific density requirements and identifies the following density zones:-

(1) High density areas above 50 dwellings per hectare in the proximity to East Dock fronting Portbury Ditch, fronting the Severn Estuary and in Area 5 in the vicinity of the old sea bank.

(2) Low density areas below 25 dwellings per hectare in the proximity to the ecological park and along the western boundary of the development adjoining the nature reserve.

(3) Medium density areas between 25 and 40 dwellings per hectare in the central core of the development site.

The application includes illustrative plans showing possible distribution of dwellings within three designated sub-area. Each sub-area is further divided into alphabetical zones that are broadly tailored to the approved high, medium and low-density areas.

The two main issues relating to density management are:

i) Controlling unit numbers

ii) Maintaining a quality urban design.

i) Controlling unit numbers

The applicant has provided a schedule that shows the distribution of dwellings for both the existing 1500 unit permission and the 1650 unit provision proposed. These details indicate that housing numbers in the approved areas 1, 2 and 6 are to be retained at existing levels, with the 150 units accommodated to areas 3, 4 &5.

The problem of trying to concentrate the additional 150 units in Areas 3, 4 and 5 is the difficulty of effectively monitoring and controlling, in the future, the overall number of dwellings throughout the Ashlands. Under the circumstances it more appropriate (as set out in the original condition) to make reference to the increase of 150 units on the ‘whole site’, rather than concentrating the 150 units into one or two particular site areas.

Although areas 1, 2 and 6 have approved sub-master plans, this has not prevented Area 1(for example) from enjoying an increased density from 422 dwellings per hectare to 471 dwellings per hectare. The increase in densities in Area 1 has caused some difficulties in endeavouring to meet the Master Plan density objectives on the remainder of the site, hence the reason for the submission of this application.

The applicant has suggested there is a mis-match between the ‘range of densities’ set out in the approved Masterplan and the rigid 1500-unit cap on housing numbers. Area 1, for example, has almost been completed and, although the average density objective in the Masterplan was 31 dwellings per hectare, the numbers that has been achieved is 38 dwellings per hectare. Members would have seen what this small increase in density looks like during the Committee site meeting on the 26^th July 2005.

The reason for imposing the 1500 cap was not about constraining the Masterplan objectives, or a fear that the quality of the development would be compromised, but simply to control traffic congestion at junction 19 of the M5 and secure (if necessary) additional community provisions.

The reason for the 1500 cap condition in the original “outline” application stated that it was:

"in order to ensure that the development does not have the effect of overloading the junction 19 access of the M5 motorway in accordance with Policy T/11 of the adopted North Somerset Local Plan and to ensure that development meets its full contribution towards community facilities.”

The applicant recognise the concern about the need for on-going monitoring of house numbers and have agreed not only to limiting the total numbers of dwellings within the Ashlands to 1650, but also to limiting (through the Section 106 variation Agreement) the number of units in each of the 6 areas that make up the development site.

Under these circumstances it is felt that the control of unit numbers both in the total cap and the limit of unit numbers in each of the 6 areas is regarded as satisfactory.

ii) Maintaining a quality urban design.

Having regard to the design and range of housing that is proposed at the Ashlands it is suggested by the applicant that the increased densities proposed would meet Government urban design objectives. Paragraph 54 of PPG3 set out criteria for designing for quality. The guidance suggests that good design and layout of new development can help to achieve the Government's objectives of making the best use of previously-developed land and improving the quality and attractiveness of residential areas. In seeking to achieve these objectives, it is necessary to think imaginatively about designs and layouts that make more efficient use of land without compromising the quality of the environment.

In view of the range of densities (between 25 and 50 dph) set out in the Masterplan it has always been understood that an excess of 1500 dwellings could have been achieved on the Ashlands while at the same time maintaining a quality urban form of development.

Even with an additional 150 dwellings, the scheme is considered likely given the Council’s controls over reserved matters applications, to meet these design objectives as well as meeting the more general objectives summarised below:-

(1) The Ashlands comprises a site with an extant outline planning permission on previously developed land.

(2) The Ashlands is well located and accessible to jobs, employment land, shops and services by modes other than car.

(3) Significant improvements to infrastructure, ground remediation water sewage are under way.

(4) The Ashlands provides a physical framework for the creation of a sustainable community.

(5) The development constraints have been addressed that include decontamination, flood alleviation and improvements to off-site infrastructure.

The proposal increases average densities across the Ashlands from 32 dwellings per hectare to 35 dwellings per hectare is not excessive and will comply with PPG3 standards and need not compromise the overall quality of the development.

The increase in numbers to some degree will be achieved by substituting townhouses for apartments that include the provision of a number of smaller units. Nevertheless in order to prevent a negative impact on the overall massing, scale, visual appearance and urban form of the scheme, the layout and design of the scheme will need to be of good quality and well thought-out.

The density increase if extrapolated into the six individual phases is small in urban design terms, and the overall Master Plan concepts for the Ashland can accommodate this modest increase in numbers without detriment to the overall aims of the Master Plan.

The quality and distinctiveness of the places that can be created within a density range of 35 - 40 dwellings per hectare was illustrated to the members of the North Area Committee who attended the walking tour of the Phase 1 development on Tuesday 26th July 2005. Whilst this gave an overall "feel" for Phase 1 densities, it must be noted that the remaining phases of the site do have different characteristics that will clearly influence the eventual perception of the built form. In particular the key character zones include the village common, the sites interface with Portbury Ditch, Wildlife Area and the Severn Estuary. These areas will require an appropriate contextual response and this will be detailed in the sub-area Masterplans that the developer is required to submit under the terms of the Section 106 Agreement.

The areas where there may be a "negative" visual impact is where there may be a loss of incidental amenity/landscaping areas necessary to accommodate the increase in parking and circulation space for additional vehicles.

Nevertheless the increase in density proposed by the developers is relatively insignificant in the context of the overall site area, although with the design of the remaining phases of the development will need to be acceptable in planning and urban design terms. Any further design work will involve the approval of sub-area Master plans in advance of the submission of reserved matters applications provides sufficient "checks and balances" to ensure that a quality environment can be secured.

Issue 3: Contributions towards community facilities within the Ashlands

The developer has recognised that the proposal (if recommended for approval) will require a supplemental agreement to be attached to the existing Section 106 agreement. The Section 106 Agreement will include additional contributions designed to facilitate the enhancement and provision of local community facilities.

The Consortium have been in discussions with Council Officers over the level of contributions that are sought, and the Council have provided the applicant with information relating to the level and content of planning contributions, together with the policy context relating to such provision. The following contributions requested include:-

· Affordable housing

· Education contribution

· Library & Community Facilities

· Access, Footpath & Public Open Space

· Youth Provision

· Low Cost Market Housing

Land values arising from the additional 150 dwellings

In considering the appropriate level of contributions that could be sought, it is important to be aware that the land is subject to an extant planning permission with resulting/existing residential land values. Accordingly the ‘uplift’ in land values arising from the additional 150 dwellings would be less than it would be if 150 dwellings were proposed where no previous planning permission existed. In order to assist the level of Section 106 contributions, a Land Appraisal Report was submitted with the application that purports to demonstrate the residual land value arising from the proposal. It is suggested by the Consortium that there is a relatively small increase in the land value resulting from an increase of 150 dwellings and therefore creating a limit to the availability of resources for which planning obligations can be sought.

The details and general conclusions of the Land Appraisal Report have been thoroughly examined by an independent valuer and their assessment of the land values will be presented at Committee. It was anticipated that these would have been available by the time this report was completed, but the conclusions will now have to be presented on an update sheet.

Affordable housing

The Land Appraisal Report was first submitted to the Council on 18^th August 2004 with comprehensive supporting information. Prior to that time in discussions that took place well before the submission of the application, the Council had indicated that a continuation of 10% affordable housing provision as on the earlier agreement would be appropriate.

Nevertheless, although Replacement Local Plan (Policy H/2) indicates a target of 10% affordable housing in the Ashlands, this figure only related to the original 1500 approved scheme granted in 2000, and not to any further density increases on the site. Therefore, officers have since entered prolonged negotiations with the developer to increase the % on the proposed additional 150 units to 30% affordable housing provision (i.e. 45 affordable units)

The 30% affordable housing figure has not been accepted by the Consortium who have stated that these affordable units will be on land that currently benefits from an outline planning permission for open market housing. Accordingly, any land “lost” to affordable housing represents a cost or lost value that needs to be factored in to an assessment of the overall value of the planning gain being sought.

The Consortium add in their assessment that if one assumes that 45 affordable units are to be accommodated at 17 dwellings per 0.4 of a hectare, some 1.2 hectares of approved open market residential land will be lost to such use. At £900,000 per 0.4 of a hectare such loss represents a cost to the Consortium of some £2.34 million. Under the circumstances, the Consortium conclude that the level of affordable housing currently being sought by the Council far exceeds any reasonably assessed valuation of the enhanced value of the land that may arise from the planning permission.

The Consortium has, therefore, agreed to provide 10% affordable housing provision = 15 units, all rented, and suggest that they are prepared to provide these additional units by December 2009.

The level and type of affordable housing remains under discussion with Council Officers and members will be updated at Committee.

Education contribution

Education Officers have provided evidence that the contributions would be based on an assessment of any existing shortage of pupil spaces (in a 2 mile area for primary schools and a 3 mile area for secondary schools) of the site from a capacity assessment; the pupil yield from the new development; the cost figures per pupil (split into primary, secondary and special needs) which are based on DfES figures and which are updated annually. If there are existing spaces in schools these are taken into account and a reduction in the required contributions made where justified. The developer contends that the methodology of the Council is flawed and that the requirement is not com-pliant with advice on planning obligations, though officers do not accept this view. Nevertheless the sum of £364,990 education contribution requested by the Council has been agreed by the developer.

Library & Community Facilities

A sum of £200,000 library & community facilities has been agreed, subject to the deletion of clause 24 of the existing Ashlands S106 Agreement relating to the requirement to provide land and financial contributions towards the costs of implementing the waste management strategy. Although the proposed site for waste compound was identified and approved in 2004 in accordance with clause 24, members have already resolved not to proceed with this project. Under the circumstances there is no objection to the deletion of the clause. The intention, as set out in the Waste Local Plan, is to greatly expand services to local residents for the separate green waste collections, collection of a wider range of materials for recycling, and an increase in recycling collections to weekly basis. The use of this compound on East Quay, therefore, is not required to achieve these objectives.

Concern has been expressed about the lack of community facilities (small meeting space) on the Ashlands. Although it would not be appropriate, as part of this planning application, to require the applicant to provide a new building exclusively designed for community use, the financial contribution agreed will assist in achieving this desired objective.

Nevertheless, there are a number of options that are currently being explored:

1. The use of the 200m² of ancillary library (community) space to be provided in the proposed new library,

2. Community space in part of the new primary school to be provided on the Ashlands,