Agenda item

151438 - LAND AT FIR TREE COTTAGE, FLOYDS LANE, WELLINGTON HEATH, LEDBURY, HR8 1LR

Proposed erection of 3 dwellinghouses.

Decision:

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

Minutes:

(Proposed erection of 3 dwelling houses.)

The Development Manager 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 F Roselaar, of Wellington Heath Parish Council, spoke in opposition to the Scheme.  Dr J Maclean, a local resident, spoke in objection.  Mr R Jolly, the applicant’s agent, spoke in support.

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

She made the following principal comments:

·        The ground on which the site lay sloped steeply away.  Floyds Lane and Horse Lane were narrow and there was flash run off of rainfall and sewage overflow.

·        There was concern that the proposal for 3x 4 bed dwellings represented overdevelopment.

·        Significant car parking space would need to be provided for the proposed 3x4 bed houses.

·        There were slow worms, wildflowers and orchids on the site.

·        The site was within the Malvern Hills AONB and regard should be had to the AONB Management Plan.

·        The Core Strategy provided for 29 houses to be built in Wellington Heath by 2031.  Seven houses had been built since 2011 so the Parish was on course to meet the housing target.

·        The Parish Council was not opposed to the principle of development but did have reservations about the detail.

·        Paragraphs 6.6 and 6.8 of the report discussed the provisions of policy RA2 referring to the need for proportionate development and for schemes to be appropriate in their context and make a positive contribution to the surrounding environment and its landscape setting, and result in the delivery of schemes that generate the size, type, tenure and range of housing that is required in the particular settlement, reflecting local demand.  The Parish Council considered 2 or 3 bed homes were needed and paragraph 6.11 of the report supported 3 bed dwellings.

·        Paragraph 6.16 of the report was incorrect.  There had never been vehicular access from Horse Lane to Fir Tree Cottage.  Access had always been via Floyds Lane.

·        The application was for outline permission and access.  She requested that if the Committee was minded to approve the application reserved matters were brought to the Committee for determination.

·        A condition should be imposed requiring an ecological survey to be undertaken before any clearance of the site or other work.

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

·        Concern was expressed about the access. 

·        Concern was also expressed about landscaping and design.

·        The Parish Council was not opposed to the principle of development.

·        Provision of safe parking and turning space for vehicles was important

·        The applicant should be strongly advised that the development should consist of no more than 2 or 3 bed properties.

·        Account should be taken of the local ward member’s request that an ecological survey should be undertaken before work of any sort commenced on site.  It was suggested this should be made a condition.

·        It was important that the development was of high quality suitable for the AONB.

The Lead Development Manager commented that:

·        the local ward member could request a reserved matters application to be brought before the Committee through the redirection process if necessary;

·        the proposal represented organic growth.  The Core Strategy required a minimum of a further 19 dwellings in Wellington Heath;

·        a scheme of high quality design would be expected for a site within the AONB; 

·        parking and the size of dwellings would be considered at the reserved matters stage.  Notes would be added to the decision notice regarding the size of dwellings that would be preferred; and

·        a speed survey on Floyds Lane had found that the proposed access was acceptable.

The local ward member was given the opportunity to close the debate

She sought an assurance that if there were concerns at the reserved matters stage and she requested a redirection that her request would be accepted.  In response the Chairman indicated that, whilst he did not have the final say on the redirection process, he would encourage weight to be given to the local ward member’s view.

She added that she remained concerned about the proposed 3 new accesses onto Floyds Lane and the vehicular use of the existing access onto Horse Lane that had not previously been used by the relevant property.  She suggested that consideration might be given to deferring consideration of the application to allow a further review of the access proposals.

RESOLVED: That planning permission be granted subject to the following conditions:

 

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          B01 - Development in accordance with the approved plans

 

6          G03 - Retention of existing trees/hedgerows

 

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

 

8          Prior to commencement of the development, an appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to inspect the site and conduct during the active season for reptiles and dormice and ensure there is no impact upon protected species by demolition of the building and clearance of the area. The results and actions from the inspection and survey shall be relayed to the local planning authority upon completion.

 

            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 Policy LD2  of Herefordshire  Local Plan-Core Strategy.

 

9          H13 - Access, turning and parking

 

10        I17 - Scheme of foul drainage disposal

 

11        The scheme shall be implemented in accordance with the approved details before the development is first brought into use. This is 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.

 

            Reason: As recommended by Severn Trent in order to ensure that satisfactory drainage arrangements are provided and to comply with Policy SD1 and SS6 of Herefordshire Local Plan- Core Strategy.

 

12        Prior to the first occupation of any of the residential development hereby permitted written evidence / certification demonstrating that water conservation and efficiency measures to achieve the ‘Housing – Optional Technical Standards – Water efficiency standards’ (i.e. currently a maximum of 110 litres per person per day) for water consumption as a minimum have been installed / implemented shall be submitted to the Local Planning Authority for their written approval. The development shall not be first occupied until the Local Planning Authority have confirmed in writing receipt of the aforementioned evidence and their satisfaction with the submitted documentation. Thereafter those water conservation and efficiency measures shall be maintained for the lifetime of the development;

 

            Reason: - To ensure water conservation and efficiency measures are secured, in accordance with policy SD3 (6) of the Herefordshire Local Plan Core Strategy 2011-2031

 

13        H27 - Parking for site operatives

 

14        I16 - Restriction of hours during construction

 

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.         HN28 - Highways Design Guide and Specification

 

4.         HN05 - Works within the highway

Supporting documents: