Agenda item

P141157/F Land at Green Lane Cottage, Green Lane, Yarpole, Leominster, HR6 9BG

Proposed demolition of an existing dwelling and erection of five detached dwellings with new access, garages and parking.

Decision:

The application was approved in accordance with the Case Officer’s recommendation, subject to consultation with the local ward member.

Minutes:

(Proposed demolition of an existing dwelling and erection of five detached dwellings with new access, garages and parking.)

The Senior 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, Ms J King, Clerk to Yarpole Group Parish Council spoke in objection to the Scheme.  Mr T Rogers of the Yarpole Built Environment Group spoke in objection.  Mr B Thomas, the applicant’s agent, spoke in support.

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

He commented on a number of issues including:

·         The village wanted the best quality of development for this central and significant site.  Some development would be welcomed if it were of the highest quality of design and layout and the density was acceptable.

·         With the exception of one parish meeting, the developers had not engaged in discussions with the Parish Council, as the Parish Council wished.

·         The Planning Inspectorate Appeal decision of 27 August 2013 raised a number of matters.  The decision had stated that the design of a development on the site should look to reflect the older part of the village.  Although the original plans had been modified to a degree this was still not the case.

·         The development would involve the loss of hedgerow and destroy the character of an historic green lane.

·         He questioned the need to move the existing access.

·         He requested that consideration of the application should be deferred to provide an opportunity for the Parish Council, residents, and the developer to discuss the design and layout to deliver a high class development with a mix of housing.

The debate opened and the following principal points were made:

·         It was asked if it could be required that any houses should be built to at least code 3 of the code for sustainable homes.

·         Clarification was sought on the site level.

·         Villages needed to grow gradually.  The scheme provided such gradual growth and should be supported.

·         The development represented a bridge between the newer and older part of the village

·         The developer was a local builder who would produce a high quality development.  .

·         Green Lane Cottage had become an eyesore and needed to be demolished.  The plot was clearly ripe for development.

·         Design was subjective.  The Scheme represented betterment.

·         One suggestion was that the local ward member should be consulted by officers on final aspects of the Scheme’s design.

·         Another proposal was that consideration should be deferred.  The Parish Council had a clear view of what was required in terms of quality of design and density of development.  There had been insufficient engagement with the developer to date.  A deferral would provide the opportunity for consultation.

·         The Council should demonstrate its support for community led development.

·         An archaeological record of the cottage was requested.

The Development Manager commented that there had been a number of changes to the scheme since the appeal decision to which reference had been made.   The amended scheme was of a better design.  The previous proposal had been for two storey houses.  The new scheme was for 1 1/2 storey cottage style properties which would bridge the newer and older parts of the village.  A slab level would be agreed as one of the conditions.  The scheme represented organic growth within the settlement boundary; Members had expressed a preference for this form of growth during recent Committee meetings.  A Neighbourhood Development Plan was not in place and would not hold weight until the Core Strategy and the Plan were adopted.   He confirmed that the code levels for sustainable homes were to be abolished.  Building Regulations had already been amended to encourage high energy efficient dwellings.

The local ward member was given the opportunity to close the debate.  He reiterated that detail on design and layout was missing from the application and that he would like there to be more discussion of these issues with the village, as residents had requested..

The Planning Lawyer referred to the officer recommendation and confirmed that if planning permission were granted further delegation would relate to conditions only.  She further asked that Members consider the utility of deferral.

A motion that consideration of the application be deferred, to permit further discussion between the developer and the Parish Council, was lost.

RESOLVED: That officers named in the Scheme of Delegation to Officers are authorised to grant full planning permission, subject to finalising the conditions below and any other further conditions considered necessary after consultation with the Chairman and the local ward member.

 

1.

A01 Time limit for commencement (full permission) (12 months)

           

2.

B02 Development in accordance with approved plans and materials (site plan – amended drawing number 886/03, rev. B, Proposed house – plot 1, elevations and floor plan – amended drawing number 886/04, Rev A, Proposed house – plot 2, elevations and floor plan – amended drawing number 886/05 rev. A,  Proposed house – plot 3, elevations and floor plan – amended drawing number 886/06, Rev B, Proposed house – plot 4, elevations and floor plan – drawing number 886/07, Proposed house – plot 5, elevations and floor plan – drawing number 886/08, Proposed garages – drawing number 886/09 and detail as set out in the application form dated stamped received by Herefordshire Council 10 April 2014)

 

3.

C01 Samples of external materials

 

4.

G11 Landscaping scheme - implementation (plan number 888/03)

 

5.

No timber panelled fences will be constructed on site and boundary hedges will be in accordance with the approved plan number 886/03 rev. B, and where no boundary hedge is indicated between the individual dwellings on site this will also be of hedge/plant boundary treatment with associated post and wire fence if considered necessary. If hedgerow protection during growth is required this will be of post and wire mesh construction.

 

Reason: With consideration to the overall visual appearance of the site and to comply with Policies DR1 and LA2 of the Herefordshire Unitary Development Plan.

 

6.

No development will commence on Plot number 4 until the public footpath order has been confirmed by the Council in writing.

 

Reason: In order to ensure a public footpath remains available fir use and to comply with Policy T6 of the Herefordshire Unitary Development Plan.

 

7.

H13 Access, turning area and parking

 

8.

The recommendations set out in Section E and Appendix 3a ofthe ecologist’s report from Edward’s Ecology dated June 2012 must be followed in relation to the identified protected species. Prior to commencement of the development, a species and habitat enhancement plan must be  submitted to and be approved in writing by the local planning authority, and the work shall be implemented as approved. An appropriately qualified and experienced ecological clerk of works will be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

 

Reason: 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, NC7 NC8 and NC9 of the Herefordshire Unitary Development Plan in relation to Nature Conservation and Biodiversity and to meet the requirements of the National Planning Policy Framework  and the NERC Act 2006

 

9.

L01 Foul/surface water drainage

 

10.

L02 No surface water to connect to public system

 

11.

L03 No drainage run-off to public system

 

12.

Prior to any development on site details must be submitted to the Local Planning Authority and approved in writing with regards to a detailed surface water drainage design.  This must include the following information, as a minimum:

 

a. The results of infiltration testing undertaken in accordance with BRE 365 and data regarding groundwater levels.

b. A detailed drainage strategy designed in accordance with the draft National Standards for Sustainable Drainage and Policy DR4 of the Herefordshire  Unitary Development Plan.

c. Calculations and drawings that demonstrate that the development will manage surface water runoff from the proposed dwellings and access road up to and including the 1 in 100 year event (taking climate change effects into account) within the site boundary to ensure no increased flood risk to people and property elsewhere.

d. Demonstration that the Applicant has considered designing for larger events that overwhelm the surface water drainage system and/or occur as a result of blockage.

e. Calculations and details of any proposed infiltration features, including the access road and driveway construction should permeable paving be used.

 

Reason: To protect the proposed development and people and property elsewhere against increased flood risk associated with surface water runoff and to comply with Policy DR4 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

 

13.

Detail will also be provided prior to any development on site to the Local Planning Authority and approved in writing regarding the proposed adoption and maintenance of the surface water drainage system, including all infiltration features and this will also include detail for the proposed access road.

 

Reason: To protect the proposed development and people and property elsewhere against increased flood risk associated with surface water runoff and to comply with Policy DR4 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

 

 

14.

Prior to development on site the applicant/developer  must provide to the Local Planning Authority evidence which will be agreed in writing of adequate separation and/or treatment of polluted water to ensure no risk of pollution is introduced to groundwater or watercourses both locally and downstream of the site, especially from proposed parking and vehicular areas.

 

Reason: To protect the quality of the natural environment and to comply with Policy DR4 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

 

15.

Before work commences, details of the finishes to be used for all external joinery, timber, plaster and masonry surfaces shall be submitted to the local planning authority. The work shall subsequently only be carried out in accordance with details approved in writing by the local planning authority.

 

Reason: In order to ensure that the development is of high quality construction and to comply with Policy DR1 of the Herefordshire Unitary Development Plan and to comply with the National Planning Policy Framework

 

16.

 

 

 

 

 

 

 

 

 

 

17.

 

18       

Before work commences, details of the guttering, down pipes and all associated fittings shall be submitted to the local planning authority. The work shall subsequently only be carried out in accordance with details approved in writing by the local planning authority.

 

In order to ensure that the development is of high quality construction and to comply with Policy DR1 of the Herefordshire Unitary Development Plan and to comply with the National Planning Policy Framework.

 

I51slab levels

 

D24 archaeological record

 

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. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

2.

HN04 Private apparatus within highway

 

3.

HN01 Mud on highway

 

4.

HN28 Highways Design Guide and Specification

 

5.

HN05 Works within the highway

 

6.

N11A Wildlife and Countryside Act 1981 (as amended) - Birds

 

7.

N11C General

 

Supporting documents: