Proposed development of 12 nos. dwellings, consisting of 4 nos. affordable and 8 nos. open market. Works to include new road and landscaping.

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

(Proposed development of 12 nos. dwellings, consisting of 4 nos. affordable and 8 nos. open market.Works to include new road and landscaping.)

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.

He commented that the Committee had refused a previous application on 25 June 2014.  The new application before the Committee sought to address the grounds for that previous refusal

In accordance with the criteria for public speaking, Mrs S Sharp-Smith a local resident, spoke in objection.  Mrs W Schenke, the applicant, spoke in support.

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

He commented on a number of issues including:

The proposed development was outside the settlement  boundary and within a conservation area. 

The applicant had taken note of the grounds for the previous refusal and the revised scheme was an improvement.  The retention of hedges in the management of the applicant was welcome.

The Conservation Officer (Landscape) had raised objections to the development.

The draft Neighbourhood Plan proposed there should be no development in the proposed location.  He suggested that the Plan could be given some weight noting the legal opinion that had been received as referred to in the Committee update.

At an open day most people had objected to the proposal.

The number of houses recently built in Kingsland had already nearly met the target for growth in the draft core strategy.

The development did not conserve and enhance the conservation area.

In the Committee’s discussion of the application the following principal points were made:

The development was opportunistic.

It was questioned whether the provision of 2 bedroom affordable housing met the need.  The Development Manager commented that the provision met the requirements of the Council’s housing team.

The development was a good example of negotiations resulting in an improved scheme.

The grounds on which the application had previously been refused remained valid. It was detrimental to the Conservation Area.  The Parish Council and the draft Neighbourhood Plan wanted to protect the village boundary.  The development would be detrimental to the character of the area.

It was questioned whether the scheme had demonstrated a sufficient improvement on the previous proposal. 

The development would begin the process of merging two communities, something that the Committee had opposed in other locations. 

The objections by the Conservation Officer (Landscape) remained valid.

Note should be taken of the Parish Council’s opposition to the development.

The Development Manager noted the additional letters of support for the development referred to in the update.  He commented that the legal opinion referred to in the Committee update was correct in that in the case it referred to the fact was that the  Neighbourhood Plan was a material consideration and the Secretary of State had dismissed an appeal against refusal of planning permission in giving weight to a Neighbourhood Plan.   However, that Plan had reached Regulation 16 stage.  The Kingsland Neighbourhood Plan had only reached Regulation 14 stage.  The Neighbourhood Plan would have to be submitted to the Council to consider whether it was consistent with the Core Strategy and Neighbourhood Planning Regulations.  It would then be sent back to the Parish Council to consider the comments and submit a plan under Regulation 16 which would be required to be subject to a 6 week consultation.  No weight could be given to the Neighbourhood Plan at the present time.  This accorded with the advice issued to Members by the Assistant Director Economic Environmental and Cultural Services in December 2014. 

He added that the application had changed significantly and showed substantial improvement.  Weight had to be given to the absence of a five year supply of housing land.

The local ward member was given the opportunity to close the debate.  He reiterated that it was the local wish to preserve the settlement boundary.  The Parish Council opposed the scheme.  He requested that the Chairman and local ward member should be consulted on the conditions if the scheme were approved.

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, after consultation with the Chairman and local ward member, to grant full planning permission, subject to the conditions below and any other further conditions considered necessary.

1.               A01 Time limit for commencement (full permission)    

 

2.               B01 Development in accordance with the approved plans

 

Site plan as proposed - amended drawing number P301 - Rev. A

Site location plan submitted in support of the application.

Plot 1 Floor plans and elevations - drawing number P100- Rev A.

Plots 2 and 3 Floor plans and elevations - amended drawing number P101 - Rev B

Plot 4 Floor plans and elevations - drawing number P102- Rev A.

              Plot 5 Floor plans and elevations- amended drawing number P103- Rev B.

              Plot 6 Floor plans and elevations - amended drawing number P104- Rev B.

Plot 7 Floor plans and elevations - amended drawing number P105- Rev B.

Plot 8 Floor plans and elevations - drawing number P106- Rev A.

Plots 9 and 10 Floor plans and elevations - amended drawing number            P107- RevB

Plot 11 Floor plans and elevations - amended drawing number P108 - Rev B.

Plot 12 Floor plans and elevations - drawing number P109 - Rev A.

 

3.           C01 Samples of external materials

 

4.           D04 Details of window sections, eaves, verges and barge boards

 

5.           D05 Details of external joinery finishes

 

6.           F14 Removal of permitted development rights

 

7.           G04 Protection of trees/hedgerows that are to be retained.

 

8.           G09 Details of Boundary treatments

 

9.           G10 Landscaping scheme

 

10.         G11 Landscaping scheme - implementation

 

11.         Prior to any development on site details will be submitted to and approved in writing by the Local Planning Authority with regards to a detailed surface water management design, which will include detail with regards to infiltration tests results, groundwater level data, drainage calculations and soakaways located more than 5 metres in distance  from building foundations.

 

              Reason: In order to ensure protection from flooding with adequate drainage and to comply with Policy DR4 of the Herefordshire Unitary Development Plan.

 

12.         L01 Foul/surface water drainage

 

13.         L02 No surface water to connect to public system

 

14.         L03 No drainage run-off to public system

 

15.         H13 Access, turning area and parking

 

16.         The recommendations for species mitigation and habitat enhancement must be carried out in accordance with the details in Section 7 and 8 of the ecologist’s report from Starr Ecology dated December 2013 together with the subsequent amended landscape proposals contained in the Amended Landscape Management Plan, revised Soft Landscape Proposals and specifications from John Challoner Associates dated October 2014.  The work shall be implemented as approved with written confirmation of completion accompanied by photographic evidence to be submitted to the Local Planning Authority for formal discharge of this condition. An appropriately qualified and experienced ecological clerk of works must 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

 

17.         H27 Parking for site operators.

 

18.         F08  No conversion of garages to habitable accommodation

 

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.                     HN01 Mud on highway

 

3.                     HN04 Private apparatus within highway

 

4.                     HN05 Works within the highway

 

5.                     HN07 Section 278 Agreement

 

6.                     HN17 Design of street lighting for Section 278

 

7.                     HN10 No drainage to discharge to highway

 

8                      Dwr Cymru Welsh Water Advisory Notes

 

                        If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water’s Development Services on 0800 917 2652.

 

                        Some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011.  The presence of such assets may affect the proposal.  In order to assist us in dealing with the proposal we request the applicant contacts our Operations Contact Centre on 0800 085 3968 to establish the location and status of the sewer.  Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

 

                        The Welsh Government have introduced new legislation that will make it mandatory for all developers who wish to communicate with the public sewerage system to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW).  The Welsh Ministers Standards for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act (WIA) 1991 will need to be completed in advance of any authorisation to communicate with the public sewerage system under Section 106 WIA 1991 being granted by DCWW.

 

                        Welsh Government introduced the Welsh Ministers Standards on the 1 October 2012 and we would welcome your support in informing applicants who wish to communicate with the public sewerage system to engage with us at the earliest opportunity.  Further information on the Welsh Ministers Standards is available for viewing on our Developer Services Section of our website – www.dwrcymru.com.

 

                        Further information on the Welsh Ministers Standards can be found on the Welsh Government website – www.wales.gov.uk.