Saxonvale decision time

by adamboyden on 27 January, 2021


The Saxonvale planning application is coming to Mendip District Council’s Planning Board on Thursday 28th January at 6pm. This will be an online meeting.

You can watch the live stream of the meeting by clicking this link and selecting ‘Watch on the web instead’.
Details about how you could take part in the meeting are here.

You can look at the plans in the meeting agenda here. A useful Somerset Live article is here.

This is the biggest planning decision in Frome for many years. The site has been derelict for decades and it was only when Mendip Council bought the land that a realistic plan came forward. There are a number of valid views about what can be done with the site but this plan combines homes, shops and workspace – jobs for local people and a place to live, work and play.

I hope you are living through this lockdown as best you can. If you need to access local support please get back to me or see here for local support information.

Details

You can look at the planning officer’s report on the application here (from meeting agenda here) and all the plans and reports here.

MDC has been working with the Acorn Property Group to regenerate the Saxonvale brownfield site in Frome town centre through a mixture of housing, commercial outlets and shared public space.

The planning application was submitted to MDC in May 2019, after two public consultations and meetings in early 2019. The application has been updated and amended twice since, in January 2020 and June 2020 to address several concerns. If approved, the development will deliver:

  • up to 300 new homes (up to 22.5 per cent of these (67 homes) ‘affordable’, a mix of shared tenure and social housing);
  • up to 45,000 sq ft (4181 sq m) of commercial space (with office workspace, small scale retail units, cultural, leisure and community uses, and the potential to accommodate creche, nursery and education/training uses), including the retention of the Western Warehouse building as an arts and heritage centre;
  • a riverside café and park with play equipment, open grassland near the river, and a public square (designed to host markets, entertainment events and sports competitions);
  • new pedestrian and cycle paths, with a new bridge linking the site up to Rodden Meadow via Willow Vale;
  • new road accesses, a pedestrian/cyclist only link from Vicarage Street, improvements to the Garsdale junction and the pedestrianisation of the upper section of Saxonvale;
  • re-provision throughout the site of the Merchants Barton public car park spaces, and additional car parking; up to 17 electric vehicle charging points, for communal use, as well as personal charging points for e-bikes and e-scooters, to encourage sustainable transport.

The application is in outline, with the means of access to the site proposed in detail. Details of the appearance, layout, scale of buildings and landscaping are reserved for consideration at a later stage (‘reserved matters’). The plans submitted with the application include a range of parameter plans for approval and illustrative plans to inform the assessment process.

The site or parts of it have been subject to several failed proposals in the last 13 years – the 2008 application by Terramond for a mixed use development including up to 350 dwellings was approved in principle in 2010 but Section 106 agreement negotiations were never concluded; in 2011 St James Investments revealed plans for a supermarket-led scheme but a planning application was never submitted; in 2013 Frontier’s application on the northern part of the site for a supermarket and retail park and other uses was withdrawn before it could be refused, after generating considerable local opposition; and in 2014 two applications for 36 retirement apartments and then for 60 dwellings across the southern part of the site were refused by Mendip but approved on appeal, but never implemented.

Objections and comments have been received from a number of people, Frome Town Council and other local organisations.

However, on the issue of whether the proposed land uses are in accordance with planning policy, Mendip’s planning officer’s report here states (p.23), ‘Notwithstanding the concerns that have been expressed by range of local stakeholders in relation to this current application, the range of land uses proposed are considered to be in accordance with the relevant policies of the adopted development plan, including the Frome Neighbourhood plan. Furthermore it is considered reasonable to apportion significant weight to the emerging policy FR1, and paragraph 11(c) of the National Planning Policy Framework (NPPF), in favour of supporting the application in terms of the land-uses proposed.’. N.B. This conclusion is disputed by some including Frome Town Council, Frome Chamber of Commerce, Frome Civic Society and the Silk Mill owners’ campaign, and I expect the meeting to clarify matters.

The proposals have been reviewed by an independent Design Panel, which has led to a number of amendments.

On the impact on the historic environment, after initial concerns from Historic England and others on the impact on the setting of the listed Silk Mill building and Frome’s Conservation Area led to proposed reductions in some building heights, the report here states (p.29), ‘the application scheme will not adversely affect the setting of any of the identified heritage assets. … the application scheme presents an opportunity to enhance the setting of the Frome Conservation Area… it is considered that the proposal is acceptable in that the application will conserve the setting and significance of the heritage assets that will be affected by the application scheme, and that the application is in accordance with policy DP3 and the relevant policies of the Neighbourhood Plan.’

Planning conditions are proposed to ensure that archaeology and ecology (bats, birds and other biodiversity) impacts are managed in accordance with planning policy.

On impacts on trees, the report here states (p.31), ‘… some loss of tree and vegetation coverage is acceptable subject to the creation of replacement in accordance with the principles as established and these matters would be resolved at the reserved matters application when the detailed design is submitted. Conditions are recommended to ensure tree retention (including buffer zones), additional planting, future maintenance and root protection zones during construction for those trees that are to be retained. Taking all of these points together, it is considered that the proposal would have a positive effect on the character and appearance and the ecological value of the site, and that the application accords with the relevant policies in the development plan…’

On the amenity of neighbours (p.32), ‘It is acknowledged that the occupiers of the neighbouring properties of the wider site would be affected by the delivery of the development in respect of changing their existing outlook and environment which they currently enjoy, and an element of disturbance during the construction phases. However, that alone is not considered to justify the refusal of the application as whilst there maybe harm, it is not considered to be of such significant harm to be contrary to Policy DP7. … the impacts of the construction phases can be controlled by the recommended condition for the submission and agreement of a construction management plan. Overall, at this outline stage, it is considered that the proposal would not cause significant harm to the amenities of future occupiers or adjacent occupiers and through the reserved matters process it will be possible to agree a scheme layout which will accord with requirements of policy DP7 and DP8 of the Mendip District Local Plan Part I: Strategy and Policies (December 2014) and Chapter 15 of the National Planning Policy framework. Various conditions are recommended.’

On flooding and drainage (p.33), ‘In conclusion it has been demonstrated that a technical solution can be secured to deal with the flooding and drainage matters and that the detailed matters can be satisfactorily dealt with by condition. … On this basis the application is considered to accord with the requirements of Local Plan Policy…‘.

On traffic and highways impact (p.36), including a planning condition requirement for the delivery of the pedestrian bridge to Willow Vale earlier than proposed (in the first phase of development), the signalling of the Garsdale junction and a phased Section 106 contribution to the improvement of the Gore Hedge junction, ‘Taking into account the above details, and subject to various conditions and requirements as set out in the section 106 agreement, the proposal is considered to be acceptable and would accord with the requirements of Local Plan Policy … and … the Frome Neighbourhood Plan’.

On sustainability (p.36-37) the report here says, ‘The application scheme will deliver a mixed-use development on a brownfield and contaminated site. It will provide opportunities for work and recreation and provide a new high density residential neighbourhood in the heart of the town. It is being planned on the basis that its residents will not have to depend on vehicular travel to carry out their daily activities. It will provide ecological habitat as part of the overall development. Therefore as matter of principle it responds very positively to the three (economic/social and environmental) objectives of sustainable development identified in the National Planning Policy Framework (NPPF). … the application is considered acceptable and, subject to a condition requiring each reserved matters submission to be accompanied by an updated assessment against the one planet living framework and Resource efficiency statement, it is considered to address the requirements of adopted policy DP7 of the Local Plan at a high level.’

On the provision of public open space (p37 here), ‘Given the wider public benefits of providing this facility, and the fact that the application scheme will increase access for all to the riverside given the provision of the bridge link, the cost of which will be funded by the applicant without public subsidy, it is not considered necessary or justified to seek a contribution to deliver facilities off site. On this basis the provision of open space associated with the application is therefore acceptable, and in accordance with the requirements of Policy D16. The various open space provisions and bridge link are to be secured as part of the S106 agreement, with conditions to ensure appropriate delivery.’

The proposed contributions to education are considered acceptable (p38).

An affordable housing level has been agreed (p38 here) as 22.5% (67 dwellings), after submission and review of the applicant’s Financial Viability Assessment (FVA), and negotiations with the applicants. ‘This has been robustly tested by an external consultant and which has concluded that a lower level of affordable housing provision is justifiable on viability grounds’ (p.41). This is 6 less than the 24% (73 dwellings) that would be expected under MDC Local Plan policy once Vacant Building Credit is taken account of to reduce the requirement (the figure is 30% (90 dwellings) without this) but is more than the 17.5% proposed by the applicants in their FVA.

On contaminated land, initial assessments identified some issues, and conditions are proposed (p.40), ‘to ensure the application scheme is brought forward safely and in accordance with the requirements of policy DP8’.

Frome Town Council currently retains its objections on the level of affordable housing proposed, the timeframe for the delivery of the Garsdale junction improvements and the riverside pedestrian link, and the balance of residential and commercial floorspace. However, these issues are discussed and considered acceptable in the planning officer’s report here. I expect these issues will feature prominently in the discussion at the meeting on Thursday.

The report concludes (p40-41) that ‘It has been demonstrated above that the application in land-use terms is complaint with the adopted local policy framework (policy CP6) , including the non-policy objective for the site as established by the Frome Neighbourhood Plan, and on this basis alone the proposals are considered to represent a sustainable form of development. … Since lodging the application for determination, the applicant has made a number of changes to the application scheme to seek to respond positively to comments submitted through the consultation process. There are no outstanding issues to resolve in terms of the matters raised by Statutory consultees. … The ability for the scheme to deliver a policy compliant level of affordable housing, in addition to all other developer contributions/ requirements, has been argued to make the scheme unviable with the submission of a Financial Viability Assessment. The applicant has submitted an extensive amount of supporting technical information to support their application. This has been robustly tested by an external consultant and which has concluded that a lower level of affordable housing provision is justifiable on viability grounds.
It has been demonstrated that the proposed means of access to serve the development is also considered acceptable (policy DP9).
It has been demonstrated through the assessment of this application that the quantum of development as applied for, including 300 residential units and just under 4,200 square metres of flexible no residential floorspace can be accommodated on the site without resulting in harm to an affected heritage asset, the wider character and appearance of the surrounding area including ecological impact and/or causing undue harm to the wider residential and commercial neighbourhoods that surround the site (policies DP1, 3 5, 6, 7 and 8).

The applicant has agreed to enter into a Section 106 agreement which covers matters in relation to affordable housing (policy DP11) and developer contributions (policy DP19).
The application scheme has been considered against the policies and objectives of Frome Neighbourhood Plan and it is not considered that there is any conflict with the relevant policies.
Provision is made to replace the existing parking at Merchants Barton that is to be lost in order to accommodate the development. In this case given the nature of the development proposed, the site location and the improvements to be provided in terms of connectivity to other parts of the Town and public transport facilities the level of residential parking at just over 1 space per unit is considered acceptable in response to the objectives set out at Policy DP10.

Given that no significant harm has been identified in terms of delivering the quantum of development as proposed either actual or in policy terms and in accordance with paragraph 11C of the NPPF it is recommended that that planning permission be granted, subject to a S106 agreement to secure the following heads of terms which the applicants have agreed:

  1. Travel Plan, including a total financial contribution to be agreed as part of the S106 drafting process.
  2. Affordable Housing at 22.5% of the total number of residential units proposed based on a 70%:30% split in terms of Social rent and Intermediate affordable housing.
  3. Management and provision of public open space across the site to including a Play area (site area and facilities) and including any surface water drainage features
  4. Delivery of a pedestrian footbridge from the application site to Willow Vale as shown on the submitted and approved access parameter plan, details to be submitted to and approved in writing by the local planning authority and to be installed prior to the first occupation of the development hereby approved.
  5. A financial contribution towards the education needs (primary and first school provision) arising from the development based on a charge of £4,878.29.00 per 2plus bedroom open market dwelling. Clarification as to how the age restricted/care assisted residential units will be prevented from being occupied as unrestricted units and securing of control by obligation.
  6. A financial contribution of £246,944.00 towards improvements to the Gorehedge junction which is to be paid in three equal instalments; on commencement of development, on completion of the 100th unit and the final instalment on completion of the 200th unit.

Conclusions

We have seen a series of failed or unacceptable proposals for parts of the site for 13 years. While the current proposal is not perfect(what is?), and many (including me) have argued for more employment development and more social housing here, the site has a range of viability issues which make providing more non-commercial uses a challenge. The scheme has addressed (or will address through a Section 106 agreement and planning conditions) all reasonable environmental and local impact concerns, so residents who objected to the loss of the important treeline next to Fishers Brook and Rivers Reach, and building heights around the listed Silk Mill – your voices have been heard and the plans have been changed.

I understand that the scheme now complies with national, Local Plan and Neighbourhood Plan policies, and that there are no material planning reasons for refusal that could withstand examination at a public inquiry.

Overall, this is a good comprehensive development with a mix of uses which will extend the town centre, provide local homes and job opportunities, community facilities, open spaces, a new pedestrian bridge over the river, and many other benefits to Frome. It will replace dereliction and decay with a vibrant new part of Frome, where local people will live, work and play. If these proposals are rejected, it will be years before a new viable and acceptable plan is put together. So there are reasons to be optimistic about what this development can do for Frome.

But what do you think? Do get in touch, and tune in to the meeting. It should be very interesting indeed.

UPDATE:

At the end of the three and half hour meeting, which you can watch here, Mendip District Council’s Planning Board voted to approve the Saxonvale development by 11 votes to 3 – or rather to ‘Delegate to Permit’ the development ‘subject to conditions and completion of a section 106 agreement to cover the matters set out’ in the report here, with the amendment by cllr Garfield Kennedy that requires MDC officers to negotiate further with the applicants to get to a higher % (up to 24%) of affordable housing, which was a key concern of some objectors.

MDC’s response is here. Councillor Barry O’Leary talked about the opportunities for Frome to ‘bloom’ as a result, on BBC Somerset radio this morning, which you can listen to here (from 1:36). In it Acorn’s development director committed to providing a ‘policy compliant’ level of 72 affordable dwellings (the 24% of the 300 dwellings requested by Planning Board last night), and that should there be demand for more commercial uses than the minimum 45,000 sq ft, there will be flexibility in the phased development to ‘create more space’.

   Leave a comment

Leave a Reply

You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>