Site for the proposed erection of up to 10 dwellings with garages and construction of access road (in lieu of planning permission 151315 on adjacent site).

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

(Site for the proposed erection of up to 10 dwellings with garages and construction of access road (in lieu of planning permission 151315 on adjacent site.)

(Councillor Greenow had left the meeting and was not present during consideration of this application.  Councillor Guthrie was fulfilling the role of local ward member and accordingly did not vote on this application.)

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 D Hamilton, a local resident, spoke in objection.  Mr N Williams, the applicant, spoke in support.

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

She made the following principal comments:

·        She expressed particular concern about the access to the site off the A49.  Accidents that did occur often did not involve injury and were not recorded and there were also a number of near misses.  Nonethless Highways England had no objection and a recent speed review had concluded that there was no safety issue and there were no plans to reduce the speed limit.  She considered that signage for the junction should be provided but there was no indication that Highways England would be willing to do so.  She highlighted the cumulative impact of increased traffic on the A49 generally.

·        She noted that the application was intended to replace a permission previously granted for 9 houses elsewhere on the site.  She sought assurance that only one development would proceed.  Two developments would exacerbate the traffic issues still further.

·        The proposal would lead to a loss of amenity and privacy for existing residents, a loss of a green space and wildlife habitat.

·        There were concerns about pedestrian and cyclist safety.

·        She referred to the comments of the Conservation Officer (landscape) at paragraph 4.5 of the report that the quality of treatment of the site boundaries was varied,   She considered that if the application were to be approved additional tree planting should be required on the eastern boundary to protect the privacy of properties on St Peter’s Close.

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

·        The Committee had previously approved a development of 9 houses on the adjoining site.  Highways England continued to have no objection.  There did not appear to be any grounds for refusing the application.

·        Some misgivings were expressed about Highways England’s stance.  It was suggested that in any event that body should extend the 50mph speed limit to include the access point.  If not there should be additional signage to warn motorists.  It was noted that there was no waiting lane for stationary traffic seeking to turn into the access.

·        The proposal was that the properties would be self–build.  This raised questions of uniformity of design.  Development would also be likely to take longer.  It was therefore asked whether the section 106 development authorising the development in lieu of the previously approved application should take effect on the granting of the new permission rather than on its implementation.

·        The development was sustainable.

·        It was asked if the application could be limited to 9 dwellings like the previous application to permit scope for greater landscaping.

·        It was disappointing that no amenity land was being offered.  A green space was being lost to the community.

·        Connectivity for pedestrians and cyclists to the village was not good.  It was noted that lighting was within the Parish Council’s remit.

·        Assurance was sought that development would take account of the protection of trees on the site.

The Lead Development Manager commented that Moreton-on- Lugg had been identified for development within the Core Strategy with a minimum of 63 dwellings to be provided 14 currently being committed.  He confirmed that the S106 agreement would prohibit the currently approved development adjacent to the site commencing.  In any event it would be likely that Highways England would object to any further additional traffic that two sites would generate.  Landscaping was an important consideration and conditions would govern the overall development of the site.  A development of 10 houses could be accommodated with limited impact on trees on the site. In response to a request that reserved matters applications should be brought back to the Committee he observed that as these were to be self–build properties it did not seem the best use of the committee’s time to consider a number of single such reserved matters applications.  He noted that if there were concerns the local ward member could exercise their power to seek to redirect an application to the Committee.

The local ward member was given the opportunity to close the debate.  She reiterated her concerns about highway safety and the importance of tree planting on the eastern boundary of the site to provide privacy for residents of St Peter’s close.

Councillor Baker proposed and Councillor Swinglehurst seconded a motion that the application be approved in accordance with the printed recommendation with an amended condition 7 as set out in the update sheet.  The motion was carried unanimously with 12 votes in favour, none against and no abstentions.)

RESOLVED:  That subject to the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement that ensures implementation only in lieu of planning permission 151315 that planning permission be granted subject to the following conditions and any others considered necessary by officers named in the scheme of delegation to officers:

 

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.         C01 Samples of external materials

 

6.         CNS - Contaminated Land

 

 

7.         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 shall be submitted in writing. 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.

 

8.         The Remediation Scheme, as approved pursuant to condition no. (1) 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.

 

9.         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.

 

10.       CNS – Trees

 

            The development shall be carried out strictly in accordance with recommendations set out within the following documents: ‘Arboricultural Impact Assessment & Arboricultural Method Statement. Tree Survey & Arboricultural Impact assessment etc. was carried out on 28th February 2017 by Stretton Tree Services.

 

            Reason – For the avoidance of doubt, to ensure that the development is carried out only as approved by the Local Planning Authority and to comply with the requirements of policy LD2 of the Herefordshire Local Plan – Core Strategy and guidance contained within the National planning Policy Framework

 

11.       CNS – Drainage

 

            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.

 

12.       CNS – Biodiversity

 

            Prior to commencement of the development, an extended Ecological Survey with relevant Optimal period surveys should be carried out and a detailed report with recommendations for specific ecological Risk Avoidance Measures and mitigation should be submitted to and be approved in writing by the local planning authority, and the scheme shall be implemented as approved.

 

            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

 

 

13.       CNS – Biodiversity

 

            Prior to commencement of the development, a detailed habitat enhancement scheme should be submitted to and be approved in writing by the local planning authority, and the scheme shall be implemented as approved.

 

            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

 

14.       C97 – Landscape Implementation

 

15.       CAE – Vehicular Access Construction

 

16.       CAL – Access, turning area and parking

 

17.       CAQ – On site roads – submission of details

 

18.       CAR – On site roads – phasing

 

19.       CAS – Road Completion in 2 years

 

20.       CAT – Wheel Washing

 

21.       CAZ – Parking for site operatives and Construction Environmental Management Plan.

 

22.       CB2 – Secure Cycle Parking Provision

 

23.       CBK – Hours of working during construction

 

24.       CE6 – Water Efficiency

 

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.         The applicants attention  is drawn to the comments of the Land Drainage Officer and their requirements in respect of condition 8

 

3.         With reference to condition 8

 

            Welsh Water / Dwr Cymru advise that their records show that the proposed development site is crossed by a public sewer and watermain 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. Thereafter, no part of any building will be permitted within 3 metres either side of the centreline of the rising main.

 

            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

 

            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. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

 

4.         With reference to condition 6

 

            The assessment is required to be undertaken in accordance with good practice guidance and needs to be carried out by a suitably competent person as defined within the National Planning Policy Framework 2012.

 

            And as a final technical point, we require 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.

 

5.         With reference to conditions 9&10

 

            The enhancement plan should include details and locations of any proposed Biodiversity/Habitat enhancements as referred to in NPPF and HC Core Strategy. At a minimum we would be looking for proposals to enhance bat roosting, bird nesting and invertebrate/pollinator homes to be incorporated in to the new buildings as well as consideration for hedgehog houses within the landscaping/boundary features. No external lighting should illuminate any of the enhancements or boundary features beyond any existing illumination levels and all lighting on the development should support the Dark Skies initiative.

 

 

6.         I11 - HN01 Mud on highway

 

7.         I54 - HN19 Disabled needs

 

8.         I35 - HN28 Highways Design Guide and Specification