Site for 3 detached dwellings with garages and access.

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

(Site for 3 detached dwellings with garages and access.)

The Senior Planning Officer gave a presentation on the application.

In accordance with the criteria for public speaking, Mrs A Cook, of Much Birch Parish Council spoke in opposition to the Scheme.  Ms A Doran, a local resident, spoke in objection.  Mr G Morris, the applicant’s agent, spoke in support.

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

He highlighted the local opposition to the proposal.  Concerns centred on highway safety, the visual impact and drainage. It was believed that the development would add to existing drainage problems.

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

·        The Transportation Manager did not object to the principle of development.  Neither did the Drainage Manager.

·        There did appear to be considerable local concern about the drainage.

·        There were concerns about the access but the impact was not so severe as to warrant refusal of the application.

·        Whilst there was no defined settlement boundary, if a Neighbourhood Development Plan were produced and one was defined it was probable that the development would be adjacent to it and therefore in accordance with that Plan.

·        Paragraph 4.3.1 of the report assessing any likely effect on the River Wye Special area of Conservation/Site of Special Scientific Interest and the conclusion that there would be no likely significant effects, was welcomed.

The Lead Development Manager commented that it had been concluded that the access was satisfactory.  It was also considered that the drainage issues had been resolved, however, this aspect would be subject to further detailed consideration at the reserved matters stage.  In weighing the application in the balance the council did not currently have a five year housing land supply and the proposal was consistent with policy RA2.   The Government had also indicated in the housing white paper its view that weight could be given to the economic benefit to the local economy of work for local builders.

The local ward member was given the opportunity to close the debate.  He reiterated the importance of ensuring that there was a sound solution to the drainage issues.

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

1          A01 - Time limit for commencement - Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

            Reason:  Required to be imposed by Section 92 of the Town and Country Planning Act 1990

2          The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval of the last reserved matters to be approved, whichever is the later.

            Reason:  Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

3          Approval of the details of the layout, scale, appearance and landscaping (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced.

            Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to secure compliance with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

4          Plans and particulars of the reserved matters referred to above relating to the layout, scale, appearance, access and landscaping shall be submitted in writing to the local planning authority and shall be carried out as approved.

            Reason:  Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

5          The development shall be carried out strictly in accordance with the approved plans (drawing nos. OPKT01 & OPKT02), except where otherwise stipulated by conditions attached to this permission.

            Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

6          Prior to the commencement of the development details of the proposed foul and surface water drainage arrangements shall be submitted to and approved in writing by the local planning authority.  The approved scheme shall be implemented before the first occupation of any of the buildings hereby permitted.

            Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

7          Before any other works hereby approved are commenced, visibility splays shall be provided from a point 0.6 metres above ground level at the centre of the access to the each residential planning unit and 2.4 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) to the distances specified on drawing no. OPKT02 in each direction along the nearside edge of the adjoining carriageway.  Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.

            Reason:  In the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy  Framework.

8          Any new access gates/doors shall be set back 5 metres from the adjoining carriageway edge and shall be made to open inwards only.

            Reason:  In the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

9          The development hereby permitted shall not be brought into use until the access, turning area and parking facilities shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the local planning authority and these areas shall thereafter be retained and kept available for those uses at all times.

            Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

10        All roadworks shall be completed within a period of 2 years, or other period agreed in writing with the local planning authority, from the commencement of work on the site.  This will entail the making good of surfacing, grassing and landscaping in accordance with a specification submitted to and approved in writing by the local planning authority. (Nothing in this condition shall conflict with any phasing scheme, in which respect it will be  interpreted as applying to the particular phase being implemented).

            Reason:  In the interests of highway safety and convenience and a well co-ordinated development and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

11        Development shall not commence until a construction management plan has been submitted to and approved in writing by the local planning authority. The construction management plan shall detail:

•           The type of construction vehicles accessing the site;

•           The number of construction vehicles accessing the site on a daily and weekly basis;

•           The frequency of construction vehicle movements; and

•           An explanation of periodic variances to the above.

            Works shall be implemented as approved.

            Reason:  To protect the safety and condition of the highway as required by Policies SS4 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

12        Development shall not begin until wheel cleaning apparatus has been provided in accordance with details to be submitted to and approved in writing by the local planning authority, and which shall be operated and maintained during construction of the development hereby approved.

            Reason:  To ensure, with immediate effect, that the wheels of vehicles are cleaned before leaving the site in the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

13        Development shall not begin until parking for site operatives and visitors has been provided within the application site in accordance with details to be submitted to and approved by the local planning authority and such provision shall be retained and kept available during construction of the development.

            Reason:  To prevent indiscriminate parking, with immediate effect, in the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

14        The development hereby permitted shall not be brought into use until areas for the manoeuvring, parking, loading and unloading of vehicles have been laid out, consolidated, surfaced and drained in accordance with a scheme to be submitted to and approved in writing by the local planning authority and such areas shall thereafter be retained and kept available for those uses at all times.

            Reason: To minimise the likelihood of indiscriminate parking in the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

15        The recommended working methods as stated in the preliminary bat survey report by Pure Ecology dated September 2016 shall be implemented as stated unless otherwise approved in writing by the local planning authority. The recommended bat roosting enhancements with the additional inclusion of one (Schwegler or similar) bird box and insect habitat box per dwelling and at least one hedgehog home in the wider landscaping shall be included in the completed development unless otherwise agreed in writing by the planning authority.

            Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework, NERC 2006

16        Before any work begins, or equipment or materials moved on to site, a survey of trees and hedgerows on the site to BS5837:2012 must be undertaken and the resulting report with arboricultural risk assessment, arboricultural working methods and recommended tree and hedgerow protection measures shall be supplied to the planning authority for written approval. All approved works and protection measures for trees and hedgerows must remain in place until all work is complete on site and all equipment and spare materials have been finally removed.

            Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework, NERC 2006.

17        Prior to the commencement/first use of the development hereby permitted, full details of all external lighting to be installed upon the site (including upon the external elevations of the buildings) shall be submitted to and be approved in writing by the local planning authority. No external lighting shall be installed upon the site (including upon the external elevations of the building) without the prior written consent of the local planning authority. The approved external lighting shall be installed in accordance with the approved details and thereafter maintained in accordance with those details.

            Reason: To safeguard the character and amenities of the area and to comply with Policy SD1 of the 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.         It is an offence under Section 148 of the Highways Act 1980 to allow mud or other debris to be transmitted onto the public highway.  The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.

3.         This permission does not authorise the laying of private apparatus within the confines of the public highway.  The applicant should apply to Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford HR2 6JT, (Tel: 01432 261800), for consent under the New Roads and Streetworks Act 1991 to install private apparatus within the confines of the public highway.  Precise details of all works within the public highway must be agreed on site with the Highway Authority.  A minimum of 4 weeks notification will be required (or 3 months if a road closure is involved).

            Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to co-ordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public).Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.

4.         This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford, HR2 6JT (Tel: 01432 261800), shall be given at least 28 days' notice of the applicant's intention to commence any works affecting the public highway so that the applicant can be provided with an approved specification, and supervision arranged for the works.

            Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to co-ordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public). Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.

5.         Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public highway.  No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway.

6.         It is the responsibility of the developer to arrange for a suitable outfall or discharge point.  It cannot be assumed that the highway drainage system can be used for such purposes.

7.         The applicant's attention is drawn to the requirement for design to conform to Herefordshire Council's 'Highways Design Guide for New Developments' and  'Highways Specification for New Developments'.