DESCRIPTION OF SITE AND APPLICATION

This application site relates primarily to the side and rear garden of no. 237 Englishcombe Lane, but also includes part of the garden of no's 233 and 235 Englishcombe Lane and part of the land to the rear of an adjoining petrol filling station which incorporates car wash and workshop facilities. It is a sloping site which rises from north to the south and within the garden of no. 237 Englishcombe Lane are a number of trees. This garden has had limited maintenance over the years so now it is very overgrown. A ditch and hedge separates this garden from the gardens of the houses in Marsden Road to the south.

To the west of the site are also rear gardens to houses in Marsden Road and a garage block associated with the motor service garage, situated to the rear of the petrol filling station. To the east is a footpath which links Marsden Road with Englishcombe Lane.

The proposal is an outline application to develop the site for residential purposes with details of the access for approval at this stage. No specific number of dwellings has been proposed at this stage. When the application was originally submitted it included the garage block to the rear of the petrol filling station but this has now been omitted from the application site. The new access is shown onto Englishcombe Lane between no. 237 Englishcombe Lane and the Evangelical Church. The formation of the access involves the demolition of the existing garage to no. 237 Englishcombe Lane and the setting back of the front garden to create a visibility splay to the east. Visibility to the west will be achieved across the front part of the forecourt to the church. The width of the carriageway into the site will be 5.5 metres wide, narrowing to 5.0 metres and will have a change of surface and bollards adjoining no. 237 Englishcombe Lane. The area of the site is 0.32 hectares (0.8 acres).

CONSULTATIONS AND REPRESENTATIONS

HIGHWAY DEVELOPMENT OFFICER: When the application was first submitted the Highway Development Officer objected to the inclusion of the garage court to the rear of the petrol filling station, as it was necessary for the parking spaces to be retained for use by the car repair garage. This area has now been omitted from the proposal and the further comments of the Highway Development Officer are as follows:

"The revised plans now provide an access width of 5.5 metres for a short distance into the access which will allow traffic to pull off Englishcombe Lane while a vehicle is waiting to leave and is considered acceptable. The road then narrows to provide a traffic feature where there is no direct access and widens further along to allow vehicle access and egress to adjacent properties.

There is no objection to the detail of this part of the proposal.

Negotiations have also taken place in respect of the sustainability of the site in terms of reliance on the car and the level of parking to be provided on site. It has been agreed that the developer will make a contribution to enhance the public transport facility past the site to allow a shelter and stop to be provided. This would need to be secured by a Section 106 Agreement. 

On the basis of the above there is no objection to the means of access subject to a legal agreement relating to the financial contribution." Further consideration of access/parking arrangements within the site will be undertaken at the Reserved Matters stage.

ARBORICULTURIST: The applicant has submitted an Arboricultural Report relating to the trees at the site, which concludes that two trees within the site are possibly worthy of retention. The Council's Arboricultural Officer has visited the site, and has agreed with the conclusion of the report. However, the Council's Arboricultural Officer has stated that whilst two trees could be retained, none are worthy of a Tree Preservation Order and therefore it would be difficult to argue strongly for their retention.

LANDSCAPE ARCHITECT: The Council's Landscape Architect has stated that he considers the principle of the development of this site as acceptable subject to satisfactory layout, design and detailing. He has also commented about a suggested layout of the site, but this does not form part of the application as the submitted illustrative plan is for information only.

ECOLOGY: In support of this application the applicant has submitted a "Phase 1 Habitat Survey" and a further three reports include assessments of i) reptile activity; ii) badger activity and iii) bat activity at the site. These investigations have been carried out by Conservation Consultancy Ltd.

With regard to the reptile activity survey no reptiles were found on any of the seven days of the survey.

The results of the badger survey found that a hole identified during the Phase 1 Habitat Survey is confirmed as an outlier sett and was observed to have been used recently by a medium sized mammal, possibly Badger or Fox. There is no evidence of recent excavations of the hole, such as a fresh spoil heap. Also there are indefinable mammal prints at the entrance to the hole. The assessment of this report states, "Individuals from the local Badger population are likely to use the outlier sett as temporary refuge after foraging within the survey area. The level of use of the site by Badger, evident by the presence of a single hole and only partially-used status, indicates that the site represents a small fragment of favourable habitat that forms part of a wider foraging territory. Other evidence, such as hairs found, indicate that mammals, such as Fox , use the site. Given the sites surroundings it is also likely that domestic Cat also use the site."

The Impact Assessment of this report states that, "Conservation Consultancy Ltd do not as yet have detailed development proposals for the site; however, it is likely that the outlier will be both directly and indirectly impacted upon. These impacts are likely to arise through the direct loss of the hole and/or foraging habitat. However, since the residents gardens will only provide a small proportion of the overall foraging habitat for the Badger population, the impact can be considered to be low."

With regard to the bat activity report the assessment is as follows:

"The site offers limited foraging opportunities for bats, due to its size, with trees, shrubs and rough grassland, which promote a varied insect profile and biomass, as was evident on 29 May. Observations during the two studies indicate that the site forms part of a larger foraging area for a number of bats in the early dusk to dark period.

Overall the site is considered of limited value on a parish/neighbourhood level as a foraging site for species of Pipistrelle Bat. Other species, notably Myotis species and possibly Noctule bat appear to use features within the site, notably boundary lines, as part of their regular flight paths to other foraging grounds. There is no evidence that bats are roosting within the boundaries of the site, although the site does offer some very limited roosting opportunities."

The report makes the following recommendations:

"It is recommended that the larger boundary standard trees and scrub be retained on site to sustain the current insect biomass, notably along the southern boundary of the site.

Where trees require felling the operatives should be made aware that although there is limited potential for bats to be present, if bats are found during felling operations, all works should cease and English Nature or the Local Bat Group contacted for further instruction.

Felling must only be carried out at a time of year when bats are at least risk. To include consideration of nesting birds it is recommended that felling should only occur during September or October.

Where practical it is recommended that features are incorporated into buildings in that area attractive to bats. Alternatively, bat boxes should be erected on existing trees."

To summarise these reports Conservation Consultancy Ltd has stated that "The Badger hole recorded on site showed no signs of recent use; however, it is likely to be used seasonally by Badger whilst foraging in the area. It is recommended that the hole be assessed prior to any works occurring on site. The closure of the hole may be necessary before works can begin, which will be carried out under licence from English Nature.

During the bat survey, several species were recorded using the trees on site as part of their flight path. These trees are considered to offer limited roosting opportunities for bats and no evidence was found during the survey to indicate their presence. It is recommended, however, that the mature trees, notably along the boundaries of the site, be retained. If a bat roost is suspected in a tree to be felled at any time during the works, the tree should be "section felled" in the presence of a licensed bat worker."

The Council's own Ecology Consultant has visited the site and has agreed with the assessment and recommendations of these reports. He therefore has no objection in principle to the residential development of this site provided a condition is attached to any permission for a "mitigation" scheme to be submitted to the Council for approval prior to the commencement of development to ensure that any protected wildlife is not harmed during the construction period.

NOISE: As the site adjoins a petrol filling station where there are car washing facilities and a car repair garage the applicant has submitted a noise assessment report for the proposed development. This report has been passed to the Council's Environmental Health Officer, who has recommended that the following condition is attached to any permission:-

"No development shall take place until proposals are submitted and agreed to minimise the impact of noise from the adjacent Garage (243 Englishcombe Lane) upon the residential units and gardens. The proposals should aim to ensure that the predicted maximum specific level of noise (LAeq(1minute)) from the carwashing or similar equipment does not exceed the measured background level (LA90(5 minute)) at the same locations (when such equipment is not operating) by more than 5dBA. Measured and predicted levels shall be determined for the gardens and 1 metre from the facades of the proposed dwellings." (A condition based upon this suggested wording has been incorporated into the Recommendation at the end of this Report).

LOCAL RESIDENTS: When this application was first submitted (and included the garage block to the rear of the petrol filling station) 28 letters and a petition signed by about 60 residents were received objecting to this proposal. The objections raised referred to the following:- the dangerous nature of the proposed access onto Englishcombe Lane; increase in parking congestion; the site is an important site for wildlife; it should be retained as green open space; the proposal would result in the over-development of the site; the residents adjoining the site are particularly concerned about loss of privacy, loss of view and disturbance. Reference is also made to the fact that the site is not an allocated housing site.

Concern was also raised that if the new residents created an access onto the footpath linking Englishcombe Lane and Marsden Road this would encourage parking in Marsden Road, however a resident of Englishcombe Lane suggests that the scheme could be improved by such a link as it may avoid cars parking on Englishcombe Lane.

Particular concerns were also raised about the likelihood of residents of the new houses being disturbed by the noise from the existing motor repair car and the car cleaning facilities (ie. rotary car wash, jet wash and vacuum) at the petrol filling station. It is also stated that when planning permission was given in 1970 to develop the petrol filling station an area of land at the rear of the site was to be retained as garden. Reference is also made to the need to retain a fence as part of the planning permission for the jet wash facility. The loss of the garage block would also deprive the repair garage of adequate parking provision and there could be drainage problems associated with the site. The owner of No.233 Englishcombe Lane, (who has part of her rear garden included within the application site) has written to say that she has no intention of selling any of her garden for development.

A letter has also been received on behalf of the Allotment Association objecting to the loss of this site for development and a letter from Sladebrook Envangelical Church states that it would need boundary protection on its east side to help avoid vandalism, the proposal will increase traffic at the times of their services and it appears they will lose two parking spaces.

In relation to the Revised Proposal, which excludes the garage block to the rear of the petrol filling station, 16 letters of objection have been received. These letters raise the same concerns reported above and in addition object on the grounds that:- the new houses could be three-storey; the repair garage may have a right of access across the site; the ownership of a ditch along the site boundary is questioned; and that there are inaccuracies on the plan.

The occupier of No.11 Marsden Road has objected to houses being sited in close proximity to his boundary, resulting in a loss of privacy and more recently has sent an e-mail to state that bats roost within the site. Another letter from a resident in Englishcombe Lane has also been received revisiting the same concerns reported above. The owner of No.233 Englishcombe Lane has re-iterated that she will not sell part of her garden for development. A request has also been made that the Committee visit the site.

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