Local Development Framework Consultation

I have read the guidance notes

LA1.3 Housing Allocations - Site Omission

part of R683s

Yes

No

The DPD is not justified in that it is not founded on a robust and credible evidence base and/or is not considered the most appropriate strategy when considered against the reasonable alternatives.

The DPD is not effective in that the document is not deliverable, flexible or capable of being monitored.

The DPD is not consistent with national policy.

1.0 INTRODUCTION
1.1 Carter Jonas LLP welcomes the opportunity to comment upon the Land Allocations
Development Plan Document.
1.2 Carter Jonas LLP is keen to work with the Council in bringing forward the Land Allocations
DPD and other LDF documents. When adopted the Allocations Document will allocate land
to meet the development requirements of the district for next 15 years and beyond.
1.3 These representations are submitted on behalf of Lindale Developments (Westmorland) Ltd
who have significant land holdings within the district. These representations seek the
allocation of Land North of Yans Lane, Storth for housing. A map showing the location of the
site is attached in Appendix 1.
1.4 The Yans Lane site represents the most appropriate site option when considered against
reasonable alternatives i.e. the Council preferred housing allocation M683sM-mod Land
South of Quarry Lane. However it is also considered that in order to ensure that the
Allocations Document is justified and effective, the document should identify at least two
housing sites in Storth to avoid a situation where non delivery of a single site could lead to
no housing being provided within the settlement. Such a strategy would also provide greater
choice and competition in accordance with the core principles of the National Planning
Policy Framework (NPPF).
1.5 The Yans Lane site is part of the much larger site R683S, which was previously considered
by to the Council. The original site encompassed approximately 5.17 hectares and was
rejected mainly due to issues relating to its size and the potential scale of development. Site
R683S has been subject to public consultation, sustainability appraisal and appropriate
assessment.
1.6 These representations will demonstrate that the Land Allocations DPD is unsound because
it is not positively prepared, justified, effective or consistent with national policy. The Land
North of Yans Lane is suitable for allocation for Housing and inclusion in the 0 -5 year
supply, because;
??The site is fully deliverable within the meaning of paragraph 47 of the NPPF;
??The allocation of the site for housing is justified because the proposed site represents
the most appropriate site option when considered against reasonable alternatives.
1.7 This representation is structured with the following format:
??Section 2 provides a description of the site and surrounding area
??Section 3 sets out the case for the allocation of the site
??Section 4 considers the availability and suitability of alternative sites
??Section 5 set out our summary and conclusions
1.8 For thoroughness, we have attached a completed representation form which gives full
details of the Client and Carter Jonas LLP.

2.0 SITE & SURROUNDINGS
2.1 These representations are seeking the allocation of our client’s site which is situated to the
north of Yans Lane, Storth. The site comprises of a rectangle of land between Newlands
House and the properties along Storth Road. The site is located central to the village and is
currently used for agricultural purposes.
2.2 The site constitutes an infill site because it is bordered by residential development on two
sides. The site is 0.5 hectares in size and has capacity for approximately 14 dwellings
(based on 30 dph and the site yield methodology set out in the Strategic Housing Land
Availability Assessment. (SHLAA))
2.3 Storth and Sandside are largely linear settlements with development radiating from Storth
Road which acts as the main arterial route through the villages. Built development
comprises of mainly late 20th Century properties, however there are some more historic
properties located in the southern end of the village where the majority of the services and
facilities are located. The villages are spread across a number of low rolling hills, which
leads to a noticeable change in levels throughout the village. The village is characterised by
narrow rural lanes enclosed by stone walls and high hedges, and is dominated by the
neighbouring estuary and the surrounding wooded hills and limestone pavement.
2.4 The adopted South Lakeland Local Plan shows our clients site as just beyond the
development limits of the settlement. It is also shown as being within the Area of
Outstanding Natural Beauty which covers the whole of the settlement. The site is not
covered nor close to any other local, national or international designations. Equally there
are no public rights of way crossing the site. Furthermore, the Council’s Strategic Flood
Risk Assessment identifies that the site is located in Flood Zone 1.
2.5 Storth offers a range of services including a post office and shop, primary school, public
house, restaurant, new village hall, and two churches. The primary school was extended in
2004 and has been recently renovated. Due to the high levels of services and facilities,
Storth is defined as a Local Service Centre within the settlement hierarchy in the Core
Strategy, and therefore considered suitable for further growth.

3.0 THE CASE IN SUPPORT OF THE REPRESENTATION SITE
3.1 Our client considers that the Allocations Document is not sound because the Council’s
preferred housing allocation M683sM-Mod is not justified by the evidence - neither does it
represent the most appropriate option when considered against reasonable alternatives i.e.
the allocation our client’s land at Yans Lane.
3.2 We consider that Land to the North of Yans Lane should be allocated for housing and
included within the 0 - 5 year housing supply. The site is fully ‘deliverable’ within the
meaning of the National Planning Policy Framework and therefore is suitable for inclusion in
the first phase of housing land releases. Paragraph 47 of NPPF states that for a site to be
deliverable it must be: -
??Available
??Suitable
??Achievable
AVAILABILITY
3.3 The site is available. It is within the ownership and freehold control of our client Lindale
Developments (Westmorland) Ltd. There are no legal impediments, need for land in third
party ownership, or known constraints that would impede deliverability. Our client is capable
and willing to bringing forward the site when required by the Council.
SUITABILITY
3.4 The criteria for determining the suitability of a site is set out in Allocations Document,
Strategic Housing Land Availability Assessment (SHLAA) Appendices to the Main Report
(March 2009) and NPPF. These documents set out a clear methodology for determining the
suitability of a site for allocation, which includes the following steps: -
i) The initial sieving of potential sites;
ii) The strategic planning considerations; and
iii) Land use planning considerations.
I) THE INITIAL SIEVING OF POTENTIAL SITES
3.5 Paragraph 2.21 of the Allocations Document sets out ten criteria to provide an initial sieve of
sites to determine their potential suitability for allocation. For the purpose of this
representation we consider that it would beneficial to review our client site against the
criteria: -
1. Outside South Lakeland District or within a National Park
The site is located within the district and outside of the National Park
2. Within the Kendal Canal Head Action Area
The site is not located in the Kendal Canal Head Action Area.
3. Less than 0.30 ha in size (or less than 0.1 ha in small villages, hamlets and the open
countryside)
The site is 0.5 ha in size and therefore suitable for allocation.
4. The owner is not willing to release the site and it cannot be made available
The owner is willing to release the site when required by the Council.
5. Development would be in clear breach of the Core Strategy
Storth is identified as a Local Service Centre in the Core Strategy and thereby suitable for
accommodating a proportionate amount of housing.
6. Development would compromise an identified Green Gap
The site is not identified as a Green Gap.
7. Development would compromise an important recreational open space
The site is not identified as important recreational open space nor does it have any informal
recreation value.
8. Development would harm a protected site or species
The development of the site would not harm a protected site or species. The site is heavily
grazed grassland and therefore has limited ecological value. Regardless, if required our
client would be willing to submit a Habitat Survey with any future planning application.
9. Within Flood Zone 3b as defined in the Strategic Flood Risk Assessment (and subsequent
flood risk information)
The Strategic Flood Risk Assessment identifies that the site is located Flood Zone 1 and
therefore has a low probability of flooding.
10. Development would prevent the use of important mineral resources
The site is not designated as a Mineral Safeguarding Area nor would its development lead to
the sterilisation of any known mineral reserves.
To summarise, it is clear that the Yans Lane Site meets the necessary criteria for
detailed consideration as a potential allocation.
II) THE STRATEGIC PLANNING CONSIDERATIONS
3.6 The Core Strategy Policy CS1.2 identifies Storth & Sandside as a Local Service Centre
within the settlement hierarchy. Local Service Centres are identified as being suitable for a
limited amount of new development which supports local services and the community need
for further development. The Core Strategy states that up to 21% of the district’s housing
growth will be accommodated within Local Service Centres. The Allocations document
refines this figure and identifies that the Local Service Centres within Kendal Rural (Arnside,
Burneside, Burton, Endmoor, Holme, Levens, Natland, Oxenholme, and Sandside & Storth)
need to allocate sufficient land to accommodate 286 dwellings over the plan period. The
LDF clearly establishes that Storth & Sandside is a suitable location for further housing
development.
3.7 As previously stated the Yans Lane site would be able to deliver 14 dwellings at a density of
30 dwellings per hectare. The proposed level of development is clearly proportionate to the
local service centre role of the settlement.
3.8 Core Strategy Policy CS1.1 Sustainable Development Principles and Paragraph 2.22 of the
Allocations Document states that the Council will adopt a sequential approach towards site
selection with consideration first being given to previously developed land, secondly suitable
infill sites and thirdly other land which is well located to housing, jobs, and services.
3.9 The SHLAA identifies that there are no previously developed sites within Storth which are
suitable for allocation i.e. above 0.3 hectares in size. It is recognised that the Council
classes the preferred housing site M683SM-mod as previously developed, however in reality
only a relatively small proportion of the site is actually brownfield. Due to the lack of
previously developed sites, the Council should give second preference to suitable infill sites.
Infill sites are normally defined as development which fills a restricted gap in the continuity of
existing buildings where the site has existing building curtilages adjoining on at least two
sides.
3.10 The site at Yans Lane would consolidate an otherwise built up frontage/area and would be
bordered by development on two sides. Therefore the Yans Lane site constitutes an infill
site. The Council’s proposed housing allocation M683sM-Mod is bordered by development
only on one side and therefore can not be reasonably considered to be an ‘infill’ site. On
this basis, the Yans Lane site is sequentially the best site in Storth and Sandside because it
constitutes suitable infill for the reasons given in this report.
III) LAND USE PLANNING CONSIDERATIONS
3.11 One of the fundamental considerations in determining whether a site is suitable for housing
is the site suitability from a land use perspective. The principal considerations in this
regards are:
??Landscape and settlement considerations
??Impact on local highways and access infrastructure;
??Sustainability considerations;
??Infrastructure capacity; and
??Ground conditions constraints
Landscape and settlement considerations
3.12 The site is well related to the existing pattern of development within the village and would
represent an appropriate consolidation of built development well related to the established
settlement. The site is contiguous with the built-up area and is visually distinguishable from
the surrounding open countryside. Importantly its development would not impinge on the
wooded setting of the village.
3.13 The public views of the site are limited due to the topography of the surrounding area and
surrounding development. Open views north from Yans Lane onto the countryside to the
north would be affected; however the overall sense of spaciousness of the lane would be
retained by virtue of the recreational area to the south and a suitably ‘permeable’ site layout
if the site were developed. The site would be visually contained and by virtue of its limited
scale and nature would respect the traditional form and character of the village.
3.14 A landscape appraisal has been provided in Appendix 2.
Impact on local highways and access infrastructure.
3.15 The Transport Note for the site demonstrates that the site is deliverable in terms of highway
access without having a detrimental transport impact and would not adversely harm local
highway safety or capacity. As detailed in the highway’s report a safe vehicle access to the
site can be achieved from Yans Lane. A copy of the Highway Note is attached in Appendix
3.
Sustainability Considerations
3.16 The site is well located to the existing centre of the village and enjoys high levels of
accessibility to jobs and services. The site benefits from being within easy walking distance
of a number of services and facilities within the village such as the primary school (298
metres), post office and shop (104 metres), community centre and recreational area (100
metres).
3.17 In terms of public transport provision, there is a bus service on Park Road, with a bus stop
approximately 398 metres from the site and therefore is within walking distance of the site.
This has a frequent bus service to Arnside, Milnthorpe and Kendal and the intervening
settlements.
3.18 As identified in the Council’s Sustainability Appraisal, the larger site R683s (which
encompasses our proposed allocation) scores reasonably well in terms of overall
sustainability and the negative scores in relation to impact on ecology and landscape would
be mitigated by the reduction of the site size.
Infrastructure Capacity
3.19 As shown by the utility maps provided in Appendix 4, the site would benefit from the existing
utilities serving the neighbouring properties i.e. gas, electricity, mains sewer and water.
Equally as shown by the Council’s Settlement Fact File, there is sufficient capacity in the foul
sewer network to take the anticipated foul water flows from the site.
Ground conditions constraints
3.20 Given that the site is agricultural grazing land, there is no reason to suggest that the site
would be subject to any form of contamination and certainly none that would be prohibitive.
Conclusions on Suitability of the Proposed Allocation
3.21 For the reasons given, the proposed housing allocation at Yans Lane is suitable and
appropriate. It is consistent with the overall aims and objectives of national and local policy.
ACHIEVABILITY
3.22 Paragraph 47 of NPPF states that for a site to be achievable there should be a reasonable
prospect that housing will be delivered on the site within five years. As demonstrated, the
site is fully achievable and there are no constraints that would impede delivery of the site.
Furthermore, as a leading property consultancy in the area, Carter Jonas LLP considers that
there is clear market demand for housing development on the site because of its location
within this village and attractive locality.
OVERALL CONCLUSIONS ON DELIVERABILITY
3.23 As demonstrated, the site is fully deliverable as it is available, suitable, and achievable
within the meaning of Paragraph 47 of NPPF.
Representations to South Lakeland Submission Allocations DPD Page 10 of 12
4.0 CONSIDERATION OF THE COUNCIL’S PREFERRED HOUSING
ALLOCATION
4.1 The Allocations DPD provides details of the Council’s preferred housing allocation (Site
M683sM-mod) in Storth. Having reviewed the Site M683sM-mod, we consider that our
client’s site at Yans Lane represents the best of the alternatives for allocation as: -
??Site M683sM-mod would have significant detrimental impact on the landscape and
notable interests;
??Site M683sM-mod does not represent the most sustainable option; and
??There are significant issues in relation to the deliverability and viability of the
Council’s preferred site.
4.2 However we also consider that the approach of only allocating one site in a Local Service
Centre is unsound because it would not provide sufficient flexibility and would fail to deliver
choice and competition in accordance with the NPPF. The Allocations document should
identify at least two housing sites in Storth to avoid a situation where non delivery of Site
M683sM-mod would lead to a lack of housing being provided within the settlement.
SITE M683SM – Mod LAND SOUTH OF QUARRY LANE
4.3 Site M683sM is 1.58 ha in size and would deliver approximately 30 dwellings over the plan
period. The site comprises of a small builders yard and large agricultural field. The site is
ringed by mature woodland and field boundaries. The Council’s proposal map identifies that
the site borders directly onto a Statutory Nature Conservation Site.
4.4 Site M683sM is a prominent site located on the north eastern edge on the village. The
development of the site would be incongruous and detrimental to the existing form and
character of the settlement. It would introduce housing to the east of Quarry Lane, which
would have a significant urbanising effect on this otherwise country lane and harm the wider
village character. The introduction of development to the east of railway line would also lead
to significant encroachment within the countryside and important wooded setting of the
village.
4.5 The site is also detached from the services and facilities of the village this is both in terms of
longer physical distance than the site promoted in this document (Yans Lane) and also in
terms of the perception of any detachment from the village and its constituent services.
Clearly the majority of the facilities within the village may be considered more than walking
distance from the site/respective dwellings within any development of this size (30 units) and
therefore the majority of residents may well use private vehicles to access these services.
This is further compounded by the fact that Quarry Lane is a single lane country road
without street lighting, which is heavily trafficked by commercial vehicles.
4.6 Furthermore, the development of the site would lead to the loss of an existing employment
site which would harm the overall sustainability of the settlement and potentially undermine
its local service centre role.
4.7 There are also significant concerns in regards the developability and viability of the site. The
NPPF stresses that careful consideration should be given to ensuring that a site can be
viably developed at the point envisaged in the plan (paragraph 47). Quarry Lane is an
unadopted and poorly maintained road which at present has limited capacity to support any
further traffic. We are unaware of any evidence to demonstrate that the proposed
allocations could deliver the necessary and extensive highway works necessary to bring
Quarry Lane to an adoptable and necessary standard to accommodate the development.
4.8 Site M683sM-mod is a Local Plan employment allocation which has failed to come forward
even at the height of the market prior to 2007, which raises further questions about the
overall deliverability of the site. Furthermore we understand from our client that the whole
site is not under the one ownership and it is unclear whether the Council has confirmation
from all the owners that they are willing to bring the site forward for housing.

YES, I wish to participate at the oral examination

The issues raised by our client are significant and justify discussion at the examination

Please notify me

I have read the guidance notes

LA1.3 Housing Allocations - M683sM-mod STORTH LAND S OF QUARRY LANE, STORTH

Yes

No

The DPD is not justified in that it is not founded on a robust and credible evidence base and/or is not considered the most appropriate strategy when considered against the reasonable alternatives.

The DPD is not effective in that the document is not deliverable, flexible or capable of being monitored.

The DPD is not consistent with national policy.

Our client considers that the Allocations Document is not sound because the Council’s
preferred housing allocation M683sM-Mod is not justified by the evidence - neither does it
represent the most appropriate option when considered against reasonable alternatives i.e. the allocation our client’s land at Yans Lane.

The Council’s proposed housing allocation M683sM-Mod is bordered by development
only on one side and therefore can not be reasonably considered to be an ‘infill’ site.

It is recognised that the Council classes the preferred housing site M683SM-mod as previously developed, however in reality only a relatively small proportion of the site is actually brownfield.

4.0 CONSIDERATION OF THE COUNCIL’S PREFERRED HOUSING
ALLOCATION
4.1 The Allocations DPD provides details of the Council’s preferred housing allocation (Site
M683sM-mod) in Storth. Having reviewed the Site M683sM-mod, we consider that our
client’s site at Yans Lane represents the best of the alternatives for allocation as: -
??Site M683sM-mod would have significant detrimental impact on the landscape and
notable interests;
??Site M683sM-mod does not represent the most sustainable option; and
??There are significant issues in relation to the deliverability and viability of the
Council’s preferred site.
4.2 However we also consider that the approach of only allocating one site in a Local Service
Centre is unsound because it would not provide sufficient flexibility and would fail to deliver
choice and competition in accordance with the NPPF. The Allocations document should
identify at least two housing sites in Storth to avoid a situation where non delivery of Site
M683sM-mod would lead to a lack of housing being provided within the settlement.
SITE M683SM – Mod LAND SOUTH OF QUARRY LANE
4.3 Site M683sM is 1.58 ha in size and would deliver approximately 30 dwellings over the plan
period. The site comprises of a small builders yard and large agricultural field. The site is
ringed by mature woodland and field boundaries. The Council’s proposal map identifies that
the site borders directly onto a Statutory Nature Conservation Site.
4.4 Site M683sM is a prominent site located on the north eastern edge on the village. The
development of the site would be incongruous and detrimental to the existing form and
character of the settlement. It would introduce housing to the east of Quarry Lane, which
would have a significant urbanising effect on this otherwise country lane and harm the wider
village character. The introduction of development to the east of railway line would also lead
to significant encroachment within the countryside and important wooded setting of the
village.
4.5 The site is also detached from the services and facilities of the village this is both in terms of
longer physical distance than the site promoted in this document (Yans Lane) and also in
terms of the perception of any detachment from the village and its constituent services.
Clearly the majority of the facilities within the village may be considered more than walking
distance from the site/respective dwellings within any development of this size (30 units) and
therefore the majority of residents may well use private vehicles to access these services.
This is further compounded by the fact that Quarry Lane is a single lane country road
without street lighting, which is heavily trafficked by commercial vehicles.
4.6 Furthermore, the development of the site would lead to the loss of an existing employment
site which would harm the overall sustainability of the settlement and potentially undermine
its local service centre role.
4.7 There are also significant concerns in regards the developability and viability of the site. The
NPPF stresses that careful consideration should be given to ensuring that a site can be
viably developed at the point envisaged in the plan (paragraph 47). Quarry Lane is an
unadopted and poorly maintained road which at present has limited capacity to support any
further traffic. We are unaware of any evidence to demonstrate that the proposed
allocations could deliver the necessary and extensive highway works necessary to bring
Quarry Lane to an adoptable and necessary standard to accommodate the development.
4.8 Site M683sM-mod is a Local Plan employment allocation which has failed to come forward
even at the height of the market prior to 2007, which raises further questions about the
overall deliverability of the site. Furthermore we understand from our client that the whole
site is not under the one ownership and it is unclear whether the Council has confirmation
from all the owners that they are willing to bring the site forward for housing.

YES, I wish to participate at the oral examination

The issues raised by our client are significant and justify discussion at the examination

Please notify me