Proposed 3 no dwellings & garages.

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

(Proposed 3 no dwellings & garages.)

(Councillors James and Kenyon had left the meeting and were not present during consideration of this application.  Councillor Baker was fulfilling the role of local ward member and accordingly had no 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 Roberts, of Thornbury Group Parish Council spoke in opposition to the Scheme.  Mr A Evans, a local resident, spoke in objection. 

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

He made the following principal comments:

·        Edwyn Ralph was classified as an RA2 settlement.  Development was concentrated to the west and north of the B4214.  Land to the south east was considered to be of great landscape value.  He questioned the sustainability of the site, noting the distances to schools and shops and that there was 1 bus a month.

·        A previous application for 5 dwellings had been dismissed on appeal because of the impact on a listed building.  The current application for 3 dwellings would still have an impact.

·        There was a concern that anthrax infected cattle were buried on the site.  No detailed excavation had been undertaken.  It was therefore essential that an independent expert examination funded by the applicant be undertaken prior to any works disturbing the site.

 

In discussion a view was expressed that the proposal appeared to be infill but there was a question as to the need for 4 bedroom houses.  A view was also expressed that the proposal was not in keeping with the area.  Some surprise was also expressed that Edwyn Ralph had been classified as an RA2 settlement. It was noted that a public right of way diversion would be required

However, the principal concern related to the locally expressed view that there were anthrax infected cattle buried on the site.  The Lead Development Manager (LDM) commented that standard conditions relating to contaminated land set out in the recommendation would be modified to address the concern and prevent the ground being disturbed in advance of an assessment of the presence of anthrax being made.  He advised against a suggestion that consideration of the application should be deferred until an assessment had been carried out because of the risk of an appeal for non-determination and the award of costs against the council given that the previous inspector had accepted that conditions could cover this aspect.

The LDM added that the Core Strategy, in identifying Edwyn Ralph as an RA2 settlement allocated a minimum of 13 units to the settlement; to date 3 had been committed.  No housing needs survey had been undertaken to assess the type of dwellings required.

He confirmed that supported by the appeal decision on an earlier application on the site, development of the site could not be extended beyond the application site.  The appeal decision had indicated that the plot on the site with road frontage was acceptable for development, other plots on the site were not.

Members proposed that a landscaping condition should be imposed to avoid any impact on the historic asset together with a condition removing permitted development rights.

The local ward member was given the opportunity to close the debate.  He reiterated that he did not consider the proposal to represent sustainable development.

Councillor Edwards proposed and Councillor Hardwick seconded a motion that the application be approved in accordance with the printed recommendation with additional conditions governing contamination, landscaping and the removal of permitted development rights.  The motion was carried with 9 votes in favour and 2 against with no abstentions.)

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

 

1.               A01 -  Time limit for commencement (full permission)

 

2          B01 - Development in accordance with the approved plans

 

3          C01 -  Samples of external materials

 

4          G02 - Retention of trees and hedgerows

 

5          G10 - Landscaping scheme

 

6          G11 - Landscaping scheme - implementation

 

7          H03 - Visibility splays

 

8          H04 - Visibility over frontage

 

9          H05 -  Access gates

 

10        H06 - Vehicular access construction

 

11        H09 - Driveway gradient

 

12        H11 Parking - estate development (more than one house)

 

13        H13 - Access, turning area and parking

 

14        H21 - Wheel washing

 

15        H27 - Parking for site operatives

 

16        H28 - Public rights of way

 

17        H29 - Secure covered cycle parking provision

 

18        F17 - Obscure glazing to window

 

19        Prior to the first occupation of any of the residential development hereby permitted written evidence/certification demonstrating that water conservation and efficiency measures to achieve the ‘Housing – Optional Technical Standards – Water efficiency standards’ (i.e. currently a maximum of 110 litres per person per day) for water consumption as a minimum have been installed / implemented shall be submitted to the Local Planning Authority for their written approval. The development shall not be first occupied until the Local Planning Authority have confirmed in writing receipt of the aforementioned evidence and their satisfaction with the submitted documentation. Thereafter those water conservation and efficiency measures shall be maintained for the lifetime of the development;

 

            Reason:  To ensure water conservation and efficiency measures are secured, in accordance with policy SD3 (6) of the Herefordshire Local Plan Core Strategy 2011-2031

 

20        I16 - Restriction of hours during construction

 

21        I32 - Details of floodlighting/external lighting

 

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 i.e pathogenic spores, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors

PQB

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 and to comply with Policy SS6 of Herefordshire Local Plan-Core Strategy.

 

23        The Remediation Scheme, as approved pursuant to condition no. (3) 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 and to comply with Policy SS6 of Herefordshire Local Plan-Core Strategy.

           

 

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 and to comply with Policy SS6 of Herefordshire Local Plan-Core Strategy.

 

25      Notwithstanding the provisions of article 3(1) and Schedule 2 of the Town and Country Planning (General Permitted Development)(England) Order 2015,(or any order revoking or re-enacting that Order with or without modification), no development which would otherwise be permitted under Classes A, B, C, E and H of Part 1 and of Schedule 2, shall be carried out.

 

          Reason: In order to protect the character and amenity of the locality, to maintain the amenities of adjoining property 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. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework

 

2.         HN01 - Mud on highway

 

3.         HN02 - Public rights of way affected

 

4.         HN04 - Private apparatus within highway

 

5.         HN05 - Works within the highway

 

6.         HN10 - No drainage to discharge to highway

 

7.         HN13 - Protection of visibility splays on private land

 

8.         HN28 - Highways Design Guide and Specification