Agenda item - P141022/F Land at Pinsley Road, Leominster, Herefordshire, HR6 8NN

Proposed demolition of existing building and erection of 29 dwellings with associated private drive, landscaping and external works.

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

(Proposed demolition of existing building and erection of 29 dwellings with associated private drive, landscaping and external works.)

The Principal Planning Officer gave a presentation on the application, which had been deferred by the Committee on 29 October, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.

He highlighted correspondence from the Environment Agency and the proposal that officers be authorised to approve the application after consultation with the Chairman and local members, subject to the objections raised being addressed.

In accordance with the criteria for public speaking, Mr P Ellis of Leominster Town Council spoke in opposition to the Scheme. Mr M Tomkins the applicant spoke in support.

Neither of the two local ward members had been able to attend the meeting. Councillor JM Bartlett had submitted a statement. This had been circulated to Members of the Committee. The principal points were:

· The recommended provision of a clause requiring an overage payment was to be welcomed.

· Concerns remained that the proposal represented overdevelopment which would have knock on effects on infrastructure such as Pinsley Road.

· In relation to drainage and flooding issues here were outstanding objections from the land drainage engineer, Welsh Water and the Environment Agency.

· In summary there were still fundamental questions and outstanding objections that had not been resolved and the application was therefore not sound.

In discussion the following principal points were made on the application:

· The discussions that had taken place with the applicants had resulted in improvements such as the inclusion of a clause requiring an overage payment.

· The concerns over flooding and drainage expressed by the Environment Agency, Welsh Water and the land drainage engineer were serious and of concern too to the adjoining residents.

· The development represented overdevelopment.

· The development would not be of benefit to the area or the Town. It did not conserve or enhance the location.

· A park would be preferable.

· The traffic generated by the development would create problems. The width of the road was below the Council’s standard.

· The development would provide starter homes and meet a housing need.

· A concern was expressed about the quality of the development. Smaller properties need not be of poor design.

· Account should be taken of the reasons for the Town Council’s objection to the proposal

The Planning Lawyer commented that it would be quite difficult to defend a refusal of the application in the event of an appeal given the previous grant of permission for development on the site and the weight that needed to be given to the presumption in favour of sustainable development in accordance with the National Planning Policy Framework.

The Development Manager commented that the scheme was a reduction on the 30 dwellings previously approved. He supported the view that an appeal would be difficult to defend. There was no objection from the Transportation Manager. The principal reason for deferring the scheme had been addressed by the provision of an overage clause. It was proposed that concerns about flooding and drainage would be subject to further discussion and authority granted to approve the scheme only if those concerns were overcome. The current site was an eyesore and needed to be developed.

The Highways Manager commented that Pinsley Road was narrow but was a cul-de-sac and could be regulated. There should not be problems with traffic queuing at the access.

RESOLVED: That officers named in the Scheme of Delegation to Officers be authorised to grant plannining permission after consultation with the Chairman and local ward members subject to the objections raised by the Environment Agency being addressed and the completion of an agreement under Section 106 of the Town & Country Planning Act to secure an overage payment if the scheme exceeds a baseline profit margin that planning permission be granted subject to the following conditions:

1.

A01 – Time limit for commencement (full permission)

2.

B01 – Development in accordance with approved plans

3.

C01 – Sample of external materials

4.

F14 – Removal of permitted development rights

5.

G10 – Landscaping scheme

6.

G11 – Landscaping scheme – implementation

7.

H13 – Access, turning area and parking

8.

H17 – Junction improvement

9.

H21 – Wheel washing

10.

H27 – Parking for site operatives

11.

No development shall take place until the following has been submitted to and approved in writing by the local planning authority:

a) a 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice.

b) if the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors.

c) if the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed. The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the local planning authority for written approval.

Reason: In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment and to comply with Policies DR6 and DR10 of the Herefordshire Unitary Development Plan and the guiding principles of the National Planning Policy Framework.

12.

The Remediation Scheme, as approved pursuant to condition no. 11 above, shall be fully implemented before the development is first occupied. On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted before the development is first occupied. Any variation to the scheme

including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

Reason: In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment and to comply with Policies DR6 and DR10 of the Herefordshire Unitary Development Plan and the guiding principles of the National Planning Policy Framework.

13.

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

Reason: In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment and to comply with Policies DR6 and DR10 of the Herefordshire Unitary Development Plan and the guiding principles of the National Planning Policy Framework.

14.

Prior to the first occupation of any of the dwellings hereby approved, details of the boundary treatment of the site shall be submitted to the local planning authority for their written approval, in consultation with Network Rail. The development shall be completed in accordance with the approved details and shall be completed before the first occupation of any of the dwellings. The treatment should take the form of a trespass proof fence and should be of a minimum height of 1.8 metres. It should be located wholly within the application site and provision should be made for its maintenance and renewal.

Reason: In order to protect public safety and the integrity of the rail network and to comply with Policy DR2 of the Herefordshire Unitary Development Plan and the guiding principles of the National Planning Policy Framework.

15.

The recommendations set out in Section 4.13 of the ecologist’s report dated July-October 2012 should be followed in relation to the identified protected species and Section 4.10 and 4.11 in relation to swifts on new buildings. Prior to commencement of the development, a full working method statement should 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 should 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 and NC7 of the Herefordshire Unitary Development Plan and to comply with Policies NC8 and NC9 of Herefordshire’s Unitary Development Plan in relation to Nature Conservation and Biodiversity and to meet the requirements of the NPPF and the NERC Act 2006.

16.

L04 – Comprehensive and integrated draining of site

17.

E01 Site investigation - archaeology

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.	N11A – Wildlife and Countryside Act 1981 (as amended) - Birds
3.	N11C – General
4.	HN04 – Private apparatus within the highway
5.	HN05 – Works within the highway
6.	HN28 – Highways Design Guide and Specification