Outline planning application for a residential development with all matters reserved except for access for up to 37 dwellings.

The application was refused in accordance with the Case Officer’s recommendation.

(Outline planning application for a residential development with all matters reserved except for access for up to 37 dwellings.) 

(Councillor Stone indicated that due to technology issues he was prohibited from voting on the application.)

The Principal Planning Officer gave a presentation on the application.

In accordance with the criteria for public speaking for virtual meetings, Mrs K Davis of Colwall Parish Council spoke in opposition to the proposal as a virtual attendee.  Mr J Dunham-Vaughan, a local resident, made an objection to the application by video submission.  Mr J Baggott, the applicant’s agent spoke in support of the application as a virtual attendee.

In accordance with the Council’s Constitution, the local ward member, Councillor Johnson, spoke on the application.  In summary, he commented on the requirement to provide housing in Colwall and suggested that any proposed development of similar size would face the criticism that it was to the detriment of the Malvern Hills Area of Outstanding Natural Beauty (AONB).  He considered the Mill Lane site was sustainable and that there was local support for the proposal. The site had at one time been identified for development in the draft Neighbourhood Development Plan (NDP).  He questioned the direction the emerging NDP, to which the proposal was now contrary, was taking.  He urged the Committee to grant permission.

The Committee discussed the application.

The Principal Planning Officer emphasised that the proposal was considered to represent major development within the AONB and accordingly the National Planning Policy Framework directed that the application be refused.

The local ward member was given the opportunity to close the debate.  He reiterated his support for the proposal.

RESOLVED on the Chairperson’s casting vote: That planning permission be refused for the following reasons:

1.         The proposed development by its nature, scale and setting is major development within a designated area identified within the National Planning Policy Framework that does not meet any of the exception tests of NPPF Paragraph 172. Notwithstanding that, the proposal would have a significant and adverse impact and harm to both the character, appearance, setting and enjoyment of the Malvern Hills Area of Outstanding Beauty and on the purposes for which the area has been designated or defined, and an adverse impact on the character, appearance and setting of Colwall. As such the proposal is contrary to policies SS1, SS6, RA2 and LD1 of the Herefordshire Core Strategy, Malvern Hills AONB Management Plan and policies within the emerging Colwall Neighbourhood Development Plan, the landscape aims and objectives of the National Planning Policy Framework and paragraph 11, 170 and 172 and the provisions of the CRoW Act.

2.         The application is also not accompanied by a completed Section 106 agreement which is necessary to secure the required provisions and make the development acceptable. It is therefore contrary to Policies H1, IDI, OS1 and OS2 of the Herefordshire Local Plan Core Strategy and the Council’s Supplementary Planning Document on Planning Obligations

Informative

The Local Planning Authority has acted positively and proactively in determining this  ...  view the full minutes text for item 18