Agenda item

162261 - LAND OFF ASHFIELD WAY, BROMYARD, HEREFORDSHIRE, HR7 4BF

Proposed site for up to 80 dwellings, garages, parking, open space and indicative road layout at land off Ashfield way, Bromyard, Herefordshire, HR7 4BF.

Decision:

The application was approved in accordance with the case officer’s recommendation.

Minutes:

During consideration and determination of the application Councillor Seldon acted as the local ward member and exercised no voting rights.

 

The principal planning officer provided a presentation on the application and confirmed that following the consultation response of the Herefordshire Clinical Commissioning Group (CCG) an allocation of funding had been included in the heads of terms to deliver improvements to the local surgery.

 

In accordance with the procedure for public speaking at planning and regulatory committee, Mr R Page of Bromyard and Winslow Town Council, spoke in opposition to the application. Mrs C Hughes, a local resident, speaking on behalf of residents of Ashfield Way spoke in objection.

 

Councillor A Seldon, the local ward member, spoke on the application and made the following points:

 

·           The response from the CCG had acknowledged the strain on the local surgery and an allocation of section 106 funding was required. The surgery was one of the busiest in Herefordshire and a large influx of residents would undermine the provision of primary and secondary healthcare to new and existing residents.

 

·           The site was a windfall development and had not previously been allocated in any local plans.

 

·           Core Strategy Policy BY1 identified the construction of a minimum of 500 houses and 5 hectares of employment land up to 2031 and took account of infrastructure requirements.

 

·           Under Policy BY2 the site at Hardwick Bank had been identified as the preferred strategic housing site after consultation with the Town Council. Taking into account the housing proposed for the Hardwick Bank site, the likely re-development of the highways depot and the current application Bromyard could potentially experience an increase of 900 houses and it was doubted whether the infrastructure was in place to support this expansion.

 

·           It was important for the committee to consider each application brought before it on an independent and individual basis. However, a strategic oversight of the impact of a high level of housing development on Bromyard should be borne in mind.

 

·           The impact of additional housing on St Peters primary school was raised. The school was close to capacity and the application would have significant impact on educational infrastructure.

 

·           Councillor Seldon declared a personal interest as Vice Chairman of the Governing body of St Peters primary school.

 

·           The application had not identified employment land and was contrary to policies SS5 and BY1.

 

·           The reasons proposed to approve the application, particularly the lack of 5 year housing supply and the absence of a neighbourhood plan at Bromyard, were questioned. A solar farm had recently been refused on an adjacent site due to impact on landscape, policy LD1 had been cited in the reasons for the refusal. Recent legal precedent supported the refusal of the application on landscape grounds.

 

·           In the event that the application was approved a condition was requested which ensured that local residents and the town council was involved at an early stage in discussions concerning a reserved matters application.

 

In the committee’s discussion of the application the following principal points were raised:

 

·           A demand in the county for new housing was relevant.

 

·           It was important that local residents and the town council were involved in layout and landscaping elements of any further application.

 

·           The impact of the site on the highways infrastructure was not felt to be significant. A pedestrian crossing to link the site to the local school should be included in any future application.

 

·           The site was well screened by established trees which should be retained in any future application. A planting scheme should form part of any reserved matters application, specifying density and exact number. The feathering of the site (transition from the development to the countryside) within the landscape was important along with provision for biodiversity and wildlife.

 

·           The absence of employment land was a concern particularly given the age profile of residents in Bromyard. Land in Bromyard had been identified for development and the current application was contrary to the requirements for employment land outlined in polices SS5 and BY1.

 

·           There were concerns regarding the impact of the development on the landscape. Some members felt that the suitability and sustainability of the proposed site were not acceptable. 

 

·           The application highlighted the importance to local communities of ensuring that a neighbourhood development plan was in place.

 

·           There was an acceptance of the assessment of sustainable development associated with the site and that this principle was sufficient to overcome the objections on landscape ground and the provisions of LD1.

 

The local ward member was given the opportunity to close the debate. He explained the circumstances around the absence of a neighbourhood development plan in Bromyard and urged the committee to give weight to landscape issues in determination of the application.

 

Councillor PM Morgan proposed and Councillor EJ Swinglehurst seconded a motion to approve the application in line with the officer recommendation. The motion was carried; 9 in favour; 3 against; and 2 abstentions.

 

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.

B01 Development in accordance with the approved plans

 

5.

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.

 

6.

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.

 

7.

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.

 

8.

The proposed development site is crossed by a public sewer with the approximate position being marked on the attached Statutory Public Sewer Record. The position shall be accurately located, marked out on site before works commence and no operational development shall be carried out within 3 metres either side of the centreline of the public sewer.

Reason: To protect the integrity of the public sewer and avoid damage thereto protect the health and safety of existing residents and ensure no pollution of or detriment to the environment

 

9.

The recommendations for species mitigation and habitat enhancements set out in the ecologist’s reports for this application from Shropshire Wildlife Surveys be followed unless otherwise agreed in writing by the local planning authority and the scheme shall be carried out as approved.  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 ensure there is no impact upon protected species by clearance of the area.  A species mitigation and ecological enhancement plan should be submitted to the local authority for approval and the scheme 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).

 

10.

G03 Retention of existing trees/hedgerows

 

11.

G10 Landscaping scheme

 

12.

G11 Landscaping scheme - implementation

 

13.

H06 Vehicular access construction

 

14.

I44 No burning of materials/substances during construction phase

 

15.

I55 Site Waste Management

 

16.

M17 Water Efficiency - Residential

 

17.           Prior to the commencement of development the developer shall agree in writing with the local planning authority a scheme for the delivery of the open market housing hereby approved.  This scheme shall comprise a schedule outlining the number of 2, 3 and 4 (+) bed dwellings proposed at the Reserved Matters stage; the overall mix being in general accord with the Council’s Local Housing Market Assessment (or any successor document, adopted for these purposes by the local planning authority).

 

            Reason: To define the terms of the permission and to comply with Policy H3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

       

INFORMATIVES:

 

1.

Non Standard

 

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.

Non Standard

 

3.

HN04 Private apparatus within highway

 

4.

HN01 Mud on highway

 

5.

HN28 Highways Design Guide and Specification

 

6.

HN25 Travel Plans

 

7.

HN05 Works within the highway

 

8.

Non Standard

 

9.

Non Standard

 

 

Councillor Seldon took his seat on the committee at 11.10 a.m.

 

(The meeting adjourned between 11.10 a.m. and 11.24 a.m.)

Supporting documents: