Proposed erection of up to 460 dwellings including affordable housing, public open space, a park & choose facility, with associated landscaping access, drainage and other associated works.

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

(Proposed erection of up to 460 dwellings including affordable housing, public open space, a park & choose facility, with associated landscaping access, drainage and other associated works.)

 

The Principal 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, Mr B Bloxsome spoke on behalf of Holmer and Shelwick Parish Council and Pipe and Lyde Parish Council in opposition to the Scheme.  Mr N Rawlings, on behalf of the applicant, spoke in support.

 

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

 

Highways issues

·         Concern was expressed about the potential for the development to lead to increased traffic congestion and that the proposed road through the development site would become a rat run.  It was observed that chicanes had been provided to address a problem of rat running in other areas with some success

·         The possibility of imposing a width restriction to prevent the road through the development being used by farm vehicles in particular was raised.  However, it was observed that this could present a difficulty for emergency vehicles and refuse and removal lorries.

·         Regard should be had to the city council’s request that a comprehensive transport plan should be produced before development commenced. 

·         The impact of the development on congestion should be assessed as each phase was completed.

·         The absence of bus stops which permitted buses to stop without causing a queue behind them needed to be addressed.

·         A replacement for the single carriageway bridge over the railway on the Roman Road was required.

In response the Principal Planning Officer commented that the principal road through the development was designed to take some of the weight of the traffic off the Starting Gate roundabout which was at capacity.  The highways modelling was dependent upon this plan. The need for provision for bus transport was recognised.

Other matters

·         Some support was expressed for the concerns of the city council and parish councils.

·         The capacity of water and power infrastructure in the county to support the level of development proposed within the Core Strategy was questioned.  The Principal Planning Officer commented in response that there was some disappointment with Welsh Water’s approach to its duty to provide a water supply, with Welsh Water suggesting that developers should have to pay for new provision.  The Lead Development Manager added that Welsh Water had been informed of the Core Strategy in order that need could be identified and funding considered to secure supply.

·         It was also questioned whether sufficient account was being taken of health provision needs through consultation with the NHS and the Clinical Commissioning Group.  The Principal Planning Officer drew attention to the response from the NHS at paragraph 4.16 of the report.  The Lead Development Manager added that discussions were taking place about provision required across the city as a whole with the pooling of S106 contributions to support provision.

·         In relation to phosphate levels a Member commented that the River Wye upstream of the River Lugg had the capacity to accept additional development.  Phosphates in the River Lugg exceeded permitted levels but that was not relevant to the development.  The Principal Planning Officer confirmed that there was a phosphate stripper at the Eign waste water treatment site.  Appendix 5 of the Core Strategy – necessary infrastructure for strategic sites, confirmed that there was capacity to accept the additional development.

·         Some surprise was expressed at the Conservation Manager (Historic Buildings) conclusion that the development was considered to represent low/medium harm having regard to the National Planning Policy Framework.  It was requested that everything possible would be dome to reduce the harm through planting and other measures.  The Principal Planning Officer commented that in his view the Conservation Manager’s assessment was robust.

·         The energy efficiency standards of the buildings and the associated reduced utility costs were welcomed.

·         Clarification was sought as to how resources generated from this and proposed neighbouring developments could be pooled to facilitate the provision of sport and health facilities.

·         In response to concerns expressed in representations that the scheme might be a source of crime and disorder it was requested that at the reserved matters stage discussions were held with West Mercia Police about design options for addressing this fear.

·         Weight needed to be given to the benefit of providing additional housing including much needed affordable housing.

·         There was a risk that sites would become unsustainable unless there was careful phasing of jobs and infrastructure alongside the housing construction.  It was questioned whether housing could be constructed and sold ahead of the provision of additional infrastructure and whether the purchasers would be from a demographic that could sustain the county.

In response to questions the principal planning officer commented:

·         The section 106 agreement would deliver considerable benefits and include bus stop provision.

·         It was not proposed to place a new Primary School in the location. The current proposal was to provide a larger primary school at Three Elms.

·         The need for an Environmental Impact Assessment had been assessed but one had not been required having regard to the advice of Natural England.

The Lead Development Manager commented that the developer was keen to proceed with the development and he was confident that they would listen to the views of the city and parish councils in developing the reserved matters application.  Approval of the application as the first of the strategic sites in the county would represent a significant step.

 

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 and published as a supplement to the agenda papers, officers named in the Scheme of Delegation to Officers are authorised to grant outline planning permission, subject to the conditions below and any other further conditions considered necessary.

 

1.         A02  Time limit for commencement (outline permission)

           

2.         A03  Time limit for commencement (outline permission)

 

 

3.         A04  Approval of Reserved Matters

 

4.         No development shall commence until a plan has been submitted to and approved in writing by the local planning authority identifying the phasing for the development.  The development shall be constructed in accordance with the agreed phasing plan.

 

            Reason: To ensure the acceptable phasing of the construction so as to ensure no detriment to the safe operation of the highway network, water supply, foul sewerage system and the timely provision of necessary infrastructure.  This is to ensure compliance with Herefordshire Local Plan – Core Strategy Policies MT1, SD3 and SD4.

           

5.         C47  Site Investigation (archaeology)

 

6.         Environment Agency conditions

 

            Finished floor levels shall be set no lower than the levels indicated in Figure 3.1 of the FRA and Table 4.1 of the Hydraulic Modelling Technical Note unless otherwise agreed in writing by the LPA.

 

            Reason: To protect the proposed dwellings from flood risk for the lifetime of the development including culvert blockages.

 

7.         The proposed access crossings must be designed to ensure that access and egress is available to all dwellings above the 1 in 100 year plus climate change modelled flood levels provided in Table 4.1 of the Hydraulic Modelling Technical Note without increasing flood risk elsewhere.

 

            Reason: To ensure all residents have safe vehicular and pedestrian access to and from the development during flood events and that flood risk to third parties is not increased.

 

            Highways England / Highway Authority conditions

 

8.         No development shall commence on the site until such time as a Highways Study for the Eign Street junction (A438 / A49 junction) has been submitted to and agreed in writing by the Local Planning Authority in consultation with the Highways Authority for the A49. The Highways Study shall demonstrate the impact of the submitted scheme on the Eign Street junction and identify any necessary mitigation measures required and a timetable for their provision. The Highways Study shall include, as a minimum the following elements:

 

•           An assessment of trip generation and trip distribution associated with full occupation of the development hereby approved;

•           An assessment of trip generation and trip distribution associated with full occupation of other development sites within Hereford, to be agreed with the Local Planning Authority and the Highways Authority for the A49;

•           An assessment of traffic impacts at the Eign Street junction on the A49;

•           Identification of any requirements for highways mitigation associated with the development in order to make it acceptable;

•           The mechanisms which will be used to deliver any requirements for highways mitigation;

•           The timeframes for implementation of the requisite highways mitigation; and

•           The identification of appropriate contributions from the development sites considered within the Study to the requisite highways mitigation.

 

The measures identified within the Highways Study approved under this condition shall be agreed with the Local Planning Authority and Highways Authority for the A49 and implemented in accordance with the agreed provisions.

 

9.         No part of the development hereby permitted shall be occupied until such time as the highways scheme at the A49 Newtown Road / Mortimer Road junction, as detailed in Phil Jones Associates drawing no. 668 – 313 Rev XX has been provided in full and is available for use by vehicular traffic.

 

            Reason:  To ensure no adverse impact on the operation of the e

 

10.       No part of the development hereby permitted shall be occupied until such as a time as the highways scheme at the A49 Newtown Road / Farriers Way / A49 Edgar Street roundabout, as prescribed in the Phil Jones Associates drawing no 668 – 313 Rev, is provided in full and is available for use by vehicular traffic.

 

            Reasons for the above conditions: To ensure the safe and free flow of traffic on the A49 and that it continues to serve its purpose as part of the national system of routes for through traffic in accordance with Section 10 (2) of the Highways Act 1980 and to satisfy the reasonable requirements of road safety on that road.

 

11.       Construction and Traffic Management Plan

 

12.       CAP

 

13.       CAS

 

14.       CAT

 

15.       CAZ

           

 

16.       CB3

 

17.       Other conditions regulation the planning permission

 

            The submission of reserved matters in respect of layout, scale, appearance and landscaping and the implementation of the development shall be carried out in substantial accordance with the Design and Access Statement (Nash Partnership) and Illustrative Masterplan 13005(L) 002 Rev O.

 

            Reason:  To define the terms of the permission and to conform to Herefordshire Local Plan - Core Strategy Policies HD4, LD1, LD2, LD3, LD4 and MT1.

 

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

 

19.       G10 Landscaping scheme 

 

20.       G11 Landscaping scheme - implementation

 

21.       G14 Landscape management plan

 

22.       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.

 

23.       The Remediation Scheme, as approved pursuant to condition no.22 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.

 

24.       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.

 

            Welsh Water conditions

 

25.       No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system.

 

            Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment.

 

26.       No more than 150 of the dwellings hereby approved shall be occupied until essential improvements to the public water supply system have been completed by Dwr Cymru Welsh Water and the Local Planning Authority have been informed in writing of its completion. This work is scheduled for completion by 31st March 2020.

 

 

            Reason: To ensure satisfactory mains water supply is available to properties at all times.

 

27.       CE6 – Efficient use of water

 

28.       CD1 – Nature Conservation

           

 

INFORMATIVES:

 

1.         Statement of positive and proactive working

 

2.         N02  Section 106 obligation

 

3.         The drainage scheme for the site shall have regard to the requirements expressed at the conclusion of the Land Drainage consultant’s response to the application (reported at section 4.8 of the report to Committee dated 3rd August 2016).

 

 

4.         I11  Mud on highway

 

5.         I09  Private apparatus within the highway

 

6.         I45  Works within the highway

 

7.         I08  Section 278 agreement

 

8.         N11C