Agenda item

Planning Application Documents

The Senior Planning Officer introduced the report as published.

There were three public speakers on the item: an objector, the applicant’s representative, and the ward member.

The objector addressed the committee and made the following points:

-       Live to the north of the site and on two sides of their property are proposed dwellings, garages and car parks.

-       Want to raise the issue of surface water drainage. Concerned that levels on the boundary with their property may be changed without consultation, not allowing them the opportunity to address related issues this may cause around vehicular right of way across the site as well as potential flooding issues. Want to be consulted about the impacts of levels and drainage issues.

-       It is imperative that the boundary treatment around their house follows that approved by the planning inspector in September 2023, which specifies a 3-meter buffer and a 1.8-meter close board fence. The design and access statement from June 2022 also confirms a 3-meter wide green buffer has been introduced to provide screening for the existing properties off Leckhampton Court Farm. Despite this boundary treatment being included in comments in April 2025 and July 2025, the New Dawn Homes plans do not appear to confirm either the buffer or the fence. In the current application the latest site plan does not show the fence, and approval would make this site plan an official document, leaving the status of the fence in question. Residents of existing properties are relying on this buffer and fence to limit the impact and intrusion of the development, as well as providing privacy and amenity. Were reassured that the planning inspector clearly included the buffer and the fence but are concerned that there is no guarantee that they will appear later in the landscape scheme as they are not shown on the current site plan.

-       Ask the committee to include a condition in the approved plans which ensures that a 3-meter buffer and a 1.8-meter close board fence are included as approved by the planning inspector in documents PL-05-D and PL-03-H. Such a condition would also ensure compliance with Joint Core Strategy (JCS) Policy SD4.

The applicant’s representative addressed the committee and made the following points:

-       Chartered surveyor specialising in residential development, speaking in favour of New Dawn Homes’ Section 73 planning application to amend the house-types and make minor changes to the scheme by Redrow which was approved at appeal. As consented, it is a low-density scheme for 30 homes, including 12 affordable homes, located between Leckhampton Farm Court and Church Road.

-       The original application to revise the Redrow permission was withdrawn following a meeting with the parish council and discussions with the planning officers. This new application has been progressed to resolve all of the concerns that were raised and make minor amendments requested by officers.

-       The road access point on Church Road and the number of proposed homes is unchanged from the consented scheme. The internal road layout and house positions are virtually unchanged. The retained trees, drainage arrangements, and footpath link to Farm Lane are as previously approved and the similarity of both schemes is clearly demonstrated on the overlay plan.

-       Believe the bespoke house designs are far more appropriate to the special location in Leckhampton, than Redrow’s nationally standardised arts and craft style house designs. As requested, the proposed brick and stone materials have been revised and during the application process the proposed ridge and eave heights have been reduced to broadly match that of the consented scheme. The officer’s report states that they: “consider the amended house types to achieve a high standard of design and appropriate use of materials for its location and context.”

-       The environmental impact of development in this location has been contested for many years. However, this issue has already been decided by the appeal inspector when granting the Redrow permission and this has not been changed in the New Dawn Homes application. The council’s officer advises that the overall scale and bulk of the current proposal is not dissimilar to the Redrow approval and advise that they “do not consider that the proposed development would have any greater environmental or ecological impacts than that of the consented scheme.”

-       The officer’s comment on sustainability is slightly incorrect, as it is the intention to fully comply with the CBC Climate Change and Sustainability SPD and the proposed all-electric heating system will utilise the latest energy efficient air-source heat pumps. Homes will be A rated and have a low carbon footprint.

-       Understand that there have been queries about the foul drainage capacity in the area. Severn Trent confirms that there is capacity for this site and that they do not have performance issues indicated in their network. They are investigating the concerns raised by the parish council about drainage smells but do not believe it is a capacity issue.

-       Minor changes have been made to the affordable housing mix from the consented Redrow scheme. The two-bedroom rented first floor maisonettes with living rooms adjacent to the luxury properties at Leckhampton Farm Court have been replaced with two-bedroom houses for rent, with ground floor living rooms. Believe this is a positive design revision to reduce the neighbours’ overlooking concerns. The council’s enabling officer has confirmed that the proposed house designs are acceptable and meets with the council’s housing needs in this location. The additional build costs will be subsidised by New Dawn Homes and the rents to the housing association for both properties will be very similar.

-       As a small, Cheltenham based, family company the committee’s support for this application in accordance with the council’s senior planning officer’s report, would be appreciated.

Councillor Horwood, as Ward Member, addressed the committee and made the following points:

-       The new application does represent an improvement on the original Redrow consented schemes in some respects. Welcome that New Dawn Homes in general has engaged with the local community, has complied with the Climate SPD and has made some amendments to the scheme.

-       However, there are a number of things relating to the conditions and how these are enforced that should be emphasised.

-       Recommend that a condition should be added that the buffer is restored between the residents of Leckhampton Farm Court and the development.

-       The parish council has raised issues about the foul drainage. This is being dismissed by Severn Trent but there have been really serious problems in the immediate local area resulting from the very large Redrow 277 house development across the road. This has caused constant complaints of foul scents in the lanes and from Brizen Lane further downhill, and there are real concerns that this development will add to the problem. Believe there should be a technical check on Severn Trent’s response.

-       Primarily concerned about the environment and have some sympathy with the objectors who have talked about the destruction of the local environment. The officer’s report is very good and makes the important point that it should be read in conjunction with the appeal inspector’s report. However, there are some important elements of the inspector’s report that have not been included. One is a local policy, the Leckhampton and Warden Hill Neighbourhood Plan. Planning law says that once this reaches an advanced stage it has to be given considerable weight in planning decision-making. It is now at the examination stage, practically the end of the path, and yet the committee hasn’t been told about the policy. This policy specifically refers to green infrastructure and specifically lists this site as a site of extreme ecological importance. It is mapped in the local nature recovery network as of importance for ecosystem services including biodiversity, food provision, carbon storage, orchards, woodland and stream habitat, soil health, water connectivity, and most importantly nature connectivity. This is a connecting site between the Cotswold National Landscape and the local green space in Leckhampton so it is an important wildlife corridor and the stream and the woodland on the site are really important.

-       Unfortunately, the application comes in the context of an initial alleged illegal demolition of trees which the council’s enforcement team is currently investigating.

-       The appeal inspector’s report says that the “framework does not state that such valued landscapes should be immune from development but rather they should be protected and enhanced.” The planning officer’s report mixes up the valued landscape with the Cotswold National Landscape, but this is not what the inspector was referring to. This site is in Leckhampton’s valued landscape and the inspector is explicit in his report: “Overall, I share the views of the characteristics of this land identified by the previous inspector, considering its mosaic of uses, its history, and its network of footpaths, field and mature vegetation as positive attributes. I therefore have no business to depart from the findings of the Secretary of State in a previous appeal. Consequently, it would be within the constrained area, and I am of the view that the appeal site is within a valued landscape.” The Neighbourhood Plan has repeatedly and strongly made the point that valued landscape under the National Planning Policy Framework (NPPF) is an important consideration and there is a duty to protect and enhance it.

-       Not saying that this site should not be developed but a condition should be included that the local and environmental management plan should be brought back to the committee to ensure it is rigorous, enforced and really does protect the enormously valuable vegetation and habitats.

In response to Members’ questions, officers confirmed that:

-       The scope of the recommended conditions at the moment are those of the appeals inspector, with two additional that had been captured agreed with the applicant. As this is a new permission, new conditions could be introduced if the committee can demonstrate that there is a material planning reason for their introduction.

-       The 3-meter green buffer was not a specific condition in the inspector’s decision but was captured in the plans that were approved. It will be further captured by the landscaping plan at condition 8 which requires full details of hard and soft landscaping to be submitted and approved. The plan submitted with the current application does show a buffer and a hedgerow at the south of the boundary with Leckhampton Farm Court. This buffer is not to the same extent as the approved site layout scheme if you take the measurement up to the closest built form, which in this case is detached garages.

-       It is not possible to add a new condition relating to doubts around Severn Trent’s consultation statement. They have acknowledged that issues have been raised but that there are no flags of issues in their system. As this is a section 73 application, permission already exists for the same number of dwellings on this site, and this application cannot be considered to be increasing pressure on the foul water system beyond that already approved.

-       The Leckhampton and Warden Hill Neighbourhood Plan (LWHNP) has progressed since the original application was submitted. As this is a section 73 application, not a new application, the committee are charged with considering whether any changes between the extant and proposed scheme result in harm and whether that harm provides a clear reason for refusal or would outweigh the benefits as required by paragraph 11. Therefore, the harm to the valued landscape as determined in the LWHNP would need to be shown to be in addition to the existing permission to allow additional conditions to be introduced. Cannot speak for the inspector, but it is reasonable for the committee to assume that the inspector had reviewed this as a valued landscape. In allowing the appeal, he felt that whilst harm had been identified, it was outweighed by the benefits in the planning balance. The appeal has been included as an appendix.

-       The affordable housing breakdown is five dwellings for social rent, three for affordable rent, and four for first homes. It has been extensively reviewed by the council’s housing officers and amendments have been made in line with their comments. They have confirmed that it is fully compliant with Cheltenham’s current needs.

-       The timetable for the planting of new trees and shrubs is captured within the inspector’s existing conditions. This requires that prior to the commencement of development, details shall be submitted and approved in writing to the local planning authority (LPA). All hard and soft landscaping work shall be carried out in accordance with the approved details within the approved timetable.

The matter then went to the vote on the officer recommendation to permit subject to a S106 agreement.

For: 10

Against: 0

Abstain: 1

Voted to permit subject to a S106 agreement.