Proposed development of approximately 212 dwellings including affordable housing, public open space and associated works.

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

(Proposed development of approximately 212 dwellings including affordable housing, public open space and associated works)

(Councillor J Hardwick Vice-Chairman in the chair.)

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.

He confirmed in relation to the objection by the Ministry of Defence (MoD) about noise nuisance that the detail would be addressed at the reserved matters stage.  As set out in the update, in recommending granting outline planning permission an additional condition was proposed for noise insulation and reduction measures. The site could be developed in accordance with the revised illustrative Masterplan within the 95 db noise contour.  The MoD had indicated that it would work with the local authority and the applicant as a good neighbour.  Consideration had also been given to whether there were safety issues relating to the proximity of the firing range and it was considered that this aspect could also be satisfactorily addressed.

He also confirmed that following discussion with the highway consultants the proposed bus stops would be relocated.

In accordance with the criteria for public speaking, Mr D Lister, of Ross-on-Wye Town Council spoke in support of the Scheme.  Mr P Baldus, a local resident, spoke in objection.

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

He made the following principal comments:

·        He supported the view of the Town Council in not objecting to the application. In doing so he noted that he was not a member of that council’s planning committee.  He highlighted that the Town Council did, however, have concerns about the proposed access and traffic movements upon which he accordingly invited the Transportation Manager to comment.

·        The proposed provision of affordable housing at a level of 40% was to be welcomed.

·        In relation to noise from the firing range, in his 36 years as a councillor he had not received a single complaint about noise from the range. Consideration did, however, need to be given to the concerns expressed about that aspect.  Account also had to be taken of the fact that the armed forces needed to train.  People who sought to purchase a property would be doing so in the knowledge that the firing range was there.

·        The report in its assessment of the application against policy RW2, on which there had been full public consultation, concluded that all the criteria in that policy had been met.

·        There was a concern about the pressure the development would place on local infrastructure and services.  He would prefer the sum identified in the S106 agreement for medical reasons to be specifically allocated for a health centre on the model farm site.  He requested that as local ward member he should be consulted on the agreement.

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

·        The most recent comments of the MoD indicated that they appeared to be less opposed to the application than they had been.

·        It was questioned whether the developer should be making a larger financial contribution through the S106 agreement. In reply the Lead Development Manager commented that the S106 agreement had been drafted in accordance with the council’s approved supplementary planning document and there was no scope to secure additional sums.

·        In terms of highway matters, several members considered that a 30mph speed limit should be extended eastwards to encompass the site access.  It was also suggested that access from the A40 via a roundabout would be the better strategic option.

The Transportation Manager commented that the design of the access was acceptable taking account of the volume and speed of traffic.  The proposal was to impose a 40mph limit for the access and provide engineering features to reduce speeds. Account had been taken of the potential model farm access.  If other developments took place in the locality consideration could be given at that point to a 30mph limit.

The Lead Development Manager commented that gateway features could be provided as a traffic calming measure.  A roundabout could not be achieved within the resources that would be secured by the S106 agreement.

·        A number of concerns were expressed about the need for infrastructure to be provided to support the development, in particular health care provision.

·        It was suggested that the development of the model farm site opposite the application site offered an opportunity to combine housing development and employment opportunities and it appeared that the most was not being made of this.  In reply the Principal Planning Officer commented that it was not possible at this stage to say when an application might come forward.

·        The robustness of Welsh Water’s response was questioned suggesting it was “a standard response”, noting also that one of the objectors had stated the ground was part of the aquifer for Ross on Wye.  The presence of aquifers had caused a significant difficulty in seeking to develop one of the council’s other strategic expansion sites at Three Elms, Hereford.  In reply the Lead Development Manager commented that it would be inaccurate to characterise Welsh Water’s response in that way.

In conclusion the Lead Development Manager highlighted the benefit the amount of affordable housing in the scheme would provide.  He added that it now appeared that an accommodation could be reached with the MoD, making it timely to submit the application to the Committee.  He confirmed that a 40 mph limit was being proposed for the location.

It was suggested that the local ward member and the vice-chairman should be consulted on the Section 106 agreement.

The local ward member was given the opportunity to close the debate.  He had no additional comment.

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, with the addition of the provision of gateway features, officers named in the Scheme of Delegation to Officers are authorised to grant outline planning permission, after consultation with the local ward member and the vice-chairman, subject to the conditions below and any other further conditions considered necessary:

1.         C02 - A02 Time limit for submission of reserved matters (outline permission)

2.         C03 - A03 Time limit for commencement (outline permission)

3.         C04 - A04 Approval of reserved matters

4.         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 revised Illustrative Masterplan – Drawing Number 503 Revision H.

            Reason:  To define the terms of the permission and to conform to Herefordshire Local Plan - Core Strategy Policies RW1, LD1, LD2, LD3 and MT1.

5.         None of the dwellings shall be occupied until the roadworks necessary to provide vehicular access from the A40 have been completed in accordance with details submitted to and approved in writing by the Local Planning Authority.

            Reason: To ensure an adequate and acceptable means of access is available before the first dwelling is occupied and to conform to the requirements of Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

6.         Development shall not begin in relation to the provision of road and highway drainage infrastructure until the engineering details and specification of the proposed roads and highway drains have been submitted to and approved in writing by the Local Planning Authority. No dwelling may be occupied until the road and highway drain serving the dwelling has been completed.

            Reason: To ensure an adequate and acceptable means of access is available before any dwelling is occupied and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

7.         No development shall commence until a Construction Management Plan (CMP) has been submitted to and approved in writing by the Local Planning Authority.  The plan shall include the following details:

            a.         Wheel cleaning apparatus which shall be operated and maintained during construction of the development hereby approved.

            b.         Parking for site operatives and visitors which shall be retained and kept available during construction of the development.

            c.         A noise management plan including a scheme for the monitoring of construction noise.

d.         Details of working hours and hours for deliveries

e.         A scheme for the control of dust arising from building and site works

f.          A scheme for the management of all waste arising from the site

g.         A travel plan for employees.

            The agreed details of the CMP shall be implemented throughout the construction period.

            Reason: In the interests of the residential amenity of properties within the locality and of highway safety in accordance with Policies SD1 and MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. 

8.         Prior to the first occupation of any of the dwellings hereby approved a Travel Plan which contains measures and targets to promote alternative sustainable means of transport for residents and visitors with respect to the development hereby permitted shall be submitted to and be approved in writing by the Local Planning Authority. The Travel Plan shall be implemented, in accordance with the approved details, on the first occupation of the development. A detailed written record shall be kept of the measures undertaken to promote sustainable transport initiatives and a review of the Travel Plan shall be undertaken annually. All relevant documentation shall be made available for inspection by the Local Planning Authority upon reasonable request.

            Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives and to conform to the requirements of Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

9.         Prior to the commencement of any development full details of surface water drainage arrangements shall be submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details which should address the following:

•           Provision of a detailed drainage drawing, including supporting calculations, showing the proposed surface and foul drainage networks including the location and size of all soakaways;

•           Soil infiltration rates (soil infiltration tests should be undertaken in accordance with BRE365 guidance) and groundwater levels;

•           If infiltration is not feasible on the site, evidence that the Applicant is providing sufficient on-site attenuation storage to ensure no flood risk to the development and no increased flood risk to third parties outside the development between the 1 in 1 year event and up to and including the 1 in 100 year rainfall event, with appropriate increase in rainfall intensity to allow for the effects of future climate change. The Applicant should refer to the latest Environment Agency guidelines for climate change allowances at https://www.gov.uk/guidance/flood-risk-assessments-climate-change-allowances;

•           Evidence that the Applicant has considered the management of surface water runoff in extreme rainfall events;

•           Demonstration that appropriate pollution control measures are in place prior to discharge;

•           Evidence that the Applicant has sought and agreed all necessary permissions to discharge foul water from the site with the relevant authorities;

•           Confirmation of the proposals for adoption and maintenance of the surface and foul water drainage strategies.

            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, and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan Core Strategy.

10.       No building shall be occupied until the drainage system for the site has been completed in accordance with the approved details. Thereafter no further surface water and/or 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, and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan Core Strategy.

11.       Prior to the first occupation of any of the dwellings hereby approved a scheme for the provision of covered and secure cycle parking within the curtilage of each dwelling shall be submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details. The cycle parking shall be installed and made available for use prior to occupation of the dwelling to which it relates and shall be retained for the purpose of cycle parking in perpetuity.

            Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform to the requirements of Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

12.       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.

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.

14.       The Remediation Scheme, as approved pursuant to condition 12  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.

15.       The recommendations for species mitigation and enhancements set out in the RPS ecology reports for dormice (2014), badger (2014), reptile (2015) and bat activity (2014) together with additional information and updates of these reports from the Ecology Technical Note dated December 2016 should be followed unless otherwise agreed in writing by the local planning authority.  Working method statements for mitigation of the protected species present should be submitted as a single document to the local planning authority in writing.  The work shall be implemented as approved.

            Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (with amendments and as supplemented by the Countryside and Rights of Way Act 2000), the Natural Environment and Rural Communities Act 2006 and the Conservation of Habitats and Species Regulations 2010 (and 2012 amendment).  To comply Herefordshire Council’s Policies LD2 Biodiversity and Geodiversity, LD3 Green Infrastructure of the Herefordshire Local Plan Core Strategy 2013 – 2031 and to meet the requirements of the National Planning Policy Framework (NPPF).

16.       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 (with amendments and as supplemented by the Countryside and Rights of Way Act 2000), the Natural Environment and Rural Communities Act 2006 and the Conservation of Habitats and Species Regulations 2010 (and 2012 amendment).  To comply Herefordshire Council’s Policies LD2 Biodiversity and Geodiversity, LD3 Green Infrastructure of the Herefordshire Local Plan Core Strategy 2013 – 2031 and to meet the requirements of the National Planning Policy Framework (NPPF).

17.       An additional 5 year Ecology Management Plan for the existing and newly created habitat should also be required by condition as follows:

            Prior to commencement of development, a five year Ecology Management Plan shall be submitted for approval in writing by the local planning authority. This shall include details of habitat establishment, management and monitoring of species based upon the recommendations of the protected species reports with proposed ecological enhancements. The Plan shall be implemented as approved.

            Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (with amendments and as supplemented by the Countryside and Rights of Way Act 2000), the Natural Environment and Rural Communities Act 2006 and the Conservation of Habitats and Species Regulations 2010 (and 2012 amendment).  To comply Herefordshire Council’s Policies LD2 Biodiversity and Geodiversity, LD3 Green Infrastructure of the Herefordshire Local Plan Core Strategy 2013 – 2031 and to meet the requirements of the National Planning Policy Framework (NPPF).

18        Prior to the commencement of any development written approval must be gained from the Local Planning Authority for a scheme of noise insulation and reduction measures for the proposed housing development. Any such scheme must ensure that sound levels in bedrooms of less than 30dBLAeq and 45dBLAmax. can be achieved. The development shall be carried out in accordance with the approved details.

            Reason: To protect the residential amenities of the future occupiers of the properties and to comply with Policy SD1 of Herefordshire Local Plan – Core Strategy 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. 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.         This planning permission is pursuant to a planning obligation under Section 106 of the Town and Country Planning Act 1990.

3.         I 09      Private apparatus within the highway

4.         I 11      Mud on the highway

5.         I 35      Highways Design Guide

6.         I 41      Travel Plans

7.         I 45      Works within the highway

8.         All investigations of potentially contaminated sites to undertake asbestos sampling and analysis as a matter of routine and this should be included with any submission to discharge condition 12

9.         The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com.

10.       The applicant is also advised that 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 the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

(The meeting adjourned between 11.23 and 11.32 am)

(Councillor PGH Cutter (Chairman) in the chair.