Proposed residential development comprising 15 open market houses and 5 affordable houses together with estate road, allotments with car parking and children’s play area.

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

 

(Proposed residential development comprising 15 open market houses and 5 affordable houses together with estate road, allotments with car parking and children’s play area.)

 

The Principal Planning Officer gave a presentation on the application.

 

In accordance with the criteria for public speaking, Mr J Brick, a local resident, spoke in objection.  Mr G Burton, the applicant’s agent, spoke in support.

 

In accordance with the Council’s Constitution, the local ward member, Councillor J Stone, spoke on the application.

 

He made the following principal comments:

 

·        The development fulfilled the objectives within the core strategy.  It was the preferred site for development within the Neighbourhood Plan.

·        There were no objections from the Statutory Consultees.

·        The provision of affordable housing was welcome.

·        The Parish Council supported the proposal but had expressed concern about traffic speeds along Tenbury Road, which was used as a cut through between the A49 and A456.  He supported the extension of the 30mph speed limit and traffic calming measures.

·        He noted that the Council’s ecologist had objected to the proposal and the loss of traditional orchards was a matter of regret.  He hoped that condition 15 would be implemented and that new orchard trees would be planted in the open space in the development to the benefit of the landscape.

·        He invited the Committee to have regard to the officer’s summary and conclusions at paragraphs 6.33 – 6.37 of the report.  He noted that the S106 agreement contained measures relating to traffic management and the site access.

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

 

·        Section 4 of the S106 agreement providing for the maintenance of the public open space by a management company was not satisfactory.

·        The density of the development was satisfactory.

·        Traffic measures were needed to slow down the traffic, noting that Tenbury Road, was used as a cut through between the A49 and A456.

·        The Principal Planning Officer highlighted the sustainable transport measures contained in the S106 agreement which included the provision of a 30mph speed limit.  He noted that these could also include a speed indicator device if that was considered appropriate or, for example, a gateway feature.  Measures would be discussed with the local ward member and the Parish Council.  He confirmed that it had not proved feasible to pursue the suggestion of the Conservation Manager (Landscapes) regarding an alternative access to the site because the land required to achieve it was not in the applicant’s ownership.

·        The Parish Council should be congratulated on the work it had done on the Neighbourhood Plan.  The prioritisation of preferred sites for development assisted the Committee.

·        Dissatisfaction was expressed about the removal of several orchard trees on the site that had taken place.  It was imperative there was mitigation and replacement planting.

·        The Parish Council had requested that the proposed 4-bedroom dwellings be replaced with bungalows.  The Neighbourhood Plan did not recommend dwellings with more than three bedrooms.  The Development Manager confirmed that the application before the Committee was a full application and if the Committee wished to meet the Parish Council’s request it would have to refuse the application.

·        It was requested that there should be an additional informative note relating to the management of the public open space.  The Development Manager commented that the maximum period that could be covered was 15 years.

The local ward member was given the opportunity to close the debate.  He commented that support for the application would demonstrate confidence in the Neighbourhood Plan.  A suitable access could be achieved and appropriate traffic calming measures were to be implemented.  It was to be hoped that suitable measures would be taken to address the ecological concerns.  Whilst there were several matters of detail to resolve, the proposal represented sustainable development and the benefits outweighed the disadvantages.

 

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 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 approved plans

 

3.         C01 Samples of external materials

 

4.         H03 Visibility splays

 

5.         H06 Vehicular access construction

 

6.         H11 Parking – estate development (more than one house)

 

7.         H18 On site roads – submission of details

 

8.         H20 Road completion

 

9.         H21 Wheel washing

 

10.       H27 Parking for site operatives

 

11.       H29 Covered and secure cycle parking provision

 

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

 

13.       G10 Landscaping scheme

 

14.       G11 Landscaping scheme - implementation

 

15.       The recommendations set out in Section 8 of the ecologist’s report from Star Ecology dated 13th February 2015 should be followed in relation to species mitigation and habitat enhancement.  Prior to commencement of the development, a full working method statement for the protected species present together with a habitat enhancement plan integrated with the landscape proposals 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 and site clearance.

 

            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.       The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

 

            Reason:  To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution in accordance with Policy DR4 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

 

17.       Prior to the first occupation of the development hereby approved details of the proposed pedestrian link with public footpath BF2 to the south of the site shall be submitted to and approved in writing by the local planning authority.  The link shall be constructed in accordance with the approved details, shall be available for use upon the first occupation of the site and shall be retained in perpetuity.

 

            Reason: To ensure the creation of a pedestrian link upon first occupation of the site and to ensure its connectivity with the rest of the village in accordance with T6 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

 

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.         HN10 No drainage to discharge to highway

 

3.         HN08 Section 38Agreement & Drainage details

 

4.         HN07 Section 278 Agreement

 

5.         HN04 Private apparatus within highway

 

6.         HN01 Mud on highway

 

7.         HN24 Drainage other than via highway system

 

8.         HN05 Works within the highway

 

9.         HN28 Highway Design Guide and Specification