Agenda item

P140164/O Land to the rear of Paradise Meadows, Marden, Herefordshire, HR1 3EN

Site for the erection of 16 nos. dwellings.

Decision:

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

 

Minutes:

(Site for the erection of 16 nos dwellings.)

The Principal Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

In accordance with the criteria for public speaking, Mr A Fraser of Marden Parish Council spoke in support/opposition to the Scheme.  Mr R Collins, a resident, spoke in objection.  

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, the local ward member, Councillor KS Guthrie spoke on the application.

She commented on a number of issues including:

·         In principle she supported development in the area in question.  However, this should have regard to the wishes of the local community.  The proposed development of 16 dwellings was inappropriate for the area.  A currently undetermined application for the development of five bungalows on the site for older / disabled people would be more acceptable.

·         There were concerns about the access to the site, the potential effect on an historic bridge and provision for parking.  The access road was also susceptible to flooding.

·         Surface water run-off from the development which might contribute to flooding within other villages in the locality needed to be properly managed.

·         The indicative plan suggested that some existing properties would be overlooked.

·         Consideration should be given to a more appropriate form of development with a better layout that would be more in keeping with the character of the village of Marden and had regard to the concerns raised by Marden Parish Council and others who had made representations.

The debate opened and the following principal points were made:

·         The proposed development would be built over a public right of way.  It was noted that a solution to this had not yet been provided.  The Principal Planning Officer commented that the matter had been raised with the Public Rights of Way (PROW) team but an application for a footpath diversion could not be made until the layout of the site was finalised.  The PROW team would have to address the matter in due course.

·         The issue of safe pedestrian access to Marden village remained unresolved.

·         The Development Manager commented that the application was for outline planning permission with all matters reserved.  He noted that Welsh Water had made no objection regarding drainage.  A suitable scheme regarding surface water drainage would need to be brought forward.

·         It was requested that at the detailed design stage consideration should be given to ensuring suitable building code levels.

·         The site had potential for development, however, good layout and design was essential.

·         There was a concern that a number of matters remained to be clarified and that officers should progress their resolution in consultation with the Chairman.

The Development Manager considered that there was scope to improve the scheme considerably.  He suggested that if permission were granted a note should be attached to the permission advising the applicants of the Committee’s view that improvement was required at the detailed design stage.

 

The local ward member was given the opportunity to close the debate.  She welcomed the assurance that consideration would be given to the concerns that had been raised.

 

RESOLVED: That subject to the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement in accordance with the Heads of Terms stated in the report, officers named in the Scheme of Delegation to Officers are authorised to grant outline planning permission, subject to the conditions below and any other further conditions considered necessary in consultation with the Chairman:

 

1.

A02 Time limit for submission of reserved matters (outline permission)

           

2.

A03 Time limit for commencement (outline permission)

 

3.

A04 Approval of reserved matters

 

4.

A05 Plans and particulars of reserved matters

 

5.

C01 Samples of external materials

 

6.

L01 Foul/surface water drainage

 

7.

L02 No surface water to connect to public system

 

8.

L03 No drainage run-off to public system

 

9.

I20 Scheme of surface water drainage

 

10.

The recommendations set out in Section 6 the ecologist’s report from Focus Ecology dated December 2013 should be followed unless otherwise agreed in writing by the local planning authority. Prior to commencement of the development, a habitat protection and enhancement scheme should be submitted to, and be approved in writing by, the local planning authority, and the scheme shall be implemented as approved.

 

An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

 

Reasons:

To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 and Policies NC1, NC6 and NC7 of Herefordshire Unitary Development Plan.

 

To comply with Herefordshire Council’s Policy NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of the NPPF and the NERC Act 2006

 

11.

CAZ Parking for Site Operatives

 

12.

CBK Restriction of hours during construction

 

13.

C88 Retention of trees and hedgerows

 

14.

C90 Protection of trees / hedgerows

 

15.

C97 Landscaping Scheme – implementation

 

16.

CAL Access, turning area and parking

 

17.

CB1 – Public rights of way

 

 

CB2 Covered and secure cycle parking provision

 

INFORMATIVES:

 

1.

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

2.

I08 Section 278 Agreement

 

3.

I07 Section 38 Agreement and Drainage Details

 

4.

I06 Public rights of way affected

 

5.

I45 Works within the highway

 

6

The indicative layout plan submitted with the application is not considered acceptable in relation to the surrounding built environment. In addition the subsequent submission of Reserved Matters should also include single storey dwellings which are considered to be a key feature of the character of the village.

 

Supporting documents: