Planning Schedule Date: 10/08/2004 - Stroud District Council

Planning Schedule Date: 10/08/2004 - Stroud District Council Planning Schedule Date: 10/08/2004 - Stroud District Council

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Planning Schedule Date: 10/08/2004 considerations would apply to this proposal. On the basis of the facilities being retained the development would not be contrary to the provisions of Policies R1 and R3 of the Local Plan and other guidance given via PPG17 - Sport and Recreation. That guidance recognises the importance of providing space for recreation especially in urban areas. It suggests that dual uses could be made of existing facilities to provide better and readily available sporting facilities for the community. The long term needs of the community for recreational uses of land should be taken into account. In urban areas Local Planning Authorities need to balance the need for making land available for development whilst retaining sufficient land for recreational purposes. It is important that people have close and reasonable access to open areas and community facilities. The scale of the development would require the provision of 'affordable housing' and negotiations have taken place with the applicants to this effect. The development would attract the need to provide 30% of the units for this purpose and it is proposed to secure this provision via a Section 106 Agreement in accordance with the provisions of Policy H8 of the Stroud District Local Plan and the Council's interim Policy Statement on this matter. The scale of the development will require the provision on site of play spaces for children and depending on the number of units eventually developed and the number of bed spaces provided the provision of LEAPs or LAPs will be required. These will have to be located within the development in secure areas and will also act as areas of open amenity land. Such provision will be secured via Condition 10. It is not proposed to require either a commuted sum or provision for adult recreation subject to the replacement facilities being put into place for this purpose prior to the site being developed for housing. RECOMMENDATION In the circumstances it is recommended the Committee Resolve not to Refuse the application and subject to the completion of a Section 106 Agreement relating to phasing, affordable housing provision (30%) and the transfer of 500m2 of land to Nailsworth Town Council for recreational provision or the construction of a new village hall at a future date. The phasing shall be such that no residential development takes place on this site until both the new playing pitch at the King George V site is completed and the new facilities at the new stadium site are provided in full. EUROPEAN CONVENTION OF HUMAN RIGHTS In compiling this recommendation we have given full consideration to all aspects of the Human Rights Act 1988 in relation to the applicant and/or the occupiers of any neighbouring or affected properties. In particular regard has been had to Article 8 of the ECHR (Right to Respect for private and family life) and the requirement to ensure that any interference with the right in this Article is both permissible and proportionate. On analysing the issues raised by the application no particular matters, other than those referred to in this report, warranted any different action to that recommended. 98

ITEM No: 12 Application Site Address: Site No: Parish: Planning Schedule Date: 10/08/2004 S.04/1255/FUL Land Off, Frome Gardens Adjoining Stroudwater Canal, Cainscross, Stroud 22330 Cainscross Parish Council Grid Reference: 383408,204840 Application Type: Development: Applicant Details: Agent Details: Case Officer: Date Received: Full Planning Permission Erection of 13 dwellings. Mr & Mrs Tang 5 Frome Gardens, Stroud, Glos, GL5 4LE Tuffnell Town And Country Planning Waverley Studio, Gloucester Road, Hartpury, Gloucestershire Andrew Case 10.06.2004 Recommendation Refusal Consultations/Representations: Parish / Town For the following reasons: 1. The proposal by virtue of its design, massing, and siting would harm the character and appearance of this part of the settlement and the wider canal corridor, contrary to criteria 1, 5 and 6 of Policy H14 and criteria 1, 2 and 3 of Policy B4 of the Stroud District Local Plan, Revised Deposit Version (as amended June 2001 including housing amendments September 2003). 2. The site is within an area at 'high risk of flooding', and as the application is not supported by a Flood Risk Assessment it may increase the risk that future residents will be cut off from dry land, place extra strain on emergency services and put lives at risk, contrary to Policy G4 of the Stroud District Local Plan, Revised Deposit Version (as amended June 2001). Object: Over-densification of the overall Chelbury Homes site and the subsequent effect on the Frome Gardens feeder road. There are already considerable problems on this road of overspill parking, including vehicles travelling to Frome Gardens having to be on the wrong side of the road near 99

ITEM No: 12<br />

Application<br />

Site Address:<br />

Site No:<br />

Parish:<br />

<strong>Planning</strong> <strong>Schedule</strong> <strong>Date</strong>: <strong>10</strong>/<strong>08</strong>/<strong>2004</strong><br />

S.04/1255/FUL<br />

Land Off, Frome Gardens Adjoining <strong>Stroud</strong>water Canal, Cainscross,<br />

<strong>Stroud</strong><br />

22330<br />

Cainscross Parish <strong>Council</strong><br />

Grid Reference: 3834<strong>08</strong>,204840<br />

Application Type:<br />

Development:<br />

Applicant Details:<br />

Agent Details:<br />

Case Officer:<br />

<strong>Date</strong> Received:<br />

Full <strong>Planning</strong> Permission<br />

Erection of 13 dwellings.<br />

Mr & Mrs Tang<br />

5 Frome Gardens, <strong>Stroud</strong>, Glos, GL5 4LE<br />

Tuffnell Town And Country <strong>Planning</strong><br />

Waverley Studio, Gloucester Road, Hartpury, Gloucestershire<br />

Andrew Case<br />

<strong>10</strong>.06.<strong>2004</strong><br />

Recommendation Refusal<br />

Consultations/Representations:<br />

Parish / Town<br />

For the following reasons:<br />

1. The proposal by virtue of its design, massing, and siting would harm the<br />

character and appearance of this part of the settlement and the wider<br />

canal corridor, contrary to criteria 1, 5 and 6 of Policy H14 and criteria 1,<br />

2 and 3 of Policy B4 of the <strong>Stroud</strong> <strong>District</strong> Local Plan, Revised Deposit<br />

Version (as amended June 2001 including housing amendments<br />

September 2003).<br />

2. The site is within an area at 'high risk of flooding', and as the application<br />

is not supported by a Flood Risk Assessment it may increase the risk that<br />

future residents will be cut off from dry land, place extra strain on<br />

emergency services and put lives at risk, contrary to Policy G4 of the<br />

<strong>Stroud</strong> <strong>District</strong> Local Plan, Revised Deposit Version (as amended June<br />

2001).<br />

Object:<br />

Over-densification of the overall Chelbury Homes site and the subsequent effect on the Frome<br />

Gardens feeder road. There are already considerable problems on this road of overspill parking,<br />

including vehicles travelling to Frome Gardens having to be on the wrong side of the road near<br />

99

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