Outline planning application for the erection of up to 64 dwellings (including 35% affordable), access and associated works. Matters of appearance, layout, landscape and scale are reserved for future consideration.

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

(Outline planning application for the erection of up to 64 dwellings (including 35% affordable), access and associated works. Matters of appearance, layout, landscape and scale are reserved for future consideration.)

 

(Councillor KS Guthrie 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 which included some updated information.

In particular, she reported that paragraph 6.29 of the report required correction and invited the Committee to support an additional condition that would ensure that any reserved matters submitted would reflect the housing mix set out in the Housing Manager’s comments at section 4.12 of the report with the S106 agreement ensuring a local connection for the affordable housing.

In accordance with the criteria for public speaking, Mr B Garbett, of Moreton and Lugg Parish Council spoke on the scheme expressing reservations, as did Mrs H Philpotts of behalf of Pipe and Lyde Parish Council.  Mr R Aston, a local resident, spoke in objection.  Mr G Wakefield, the applicant’s agent, 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 effect of the increased traffic the development would generate mindful that traffic flows on the A49 were already high with vehicles queuing to access that road.  She disagreed with Highways England’s view set out at paragraph 4.2 of the report.  Regard should be had to the cumulative effect of development in the area; the application should not be considered in isolation.

·        There were issues over speed and poor visibility with the proposed access.  It would be better if the access were opposite St Andrews Close.

·        Welsh Water’s response did not reflect local concerns that the sewerage system was already at capacity. 

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

·        The mix of housing proposed by the Housing Manager should be supported.

·        It would be desirable for the developer to work with the local community to achieve a design suited to the location.

·        There must be a point at which the Highways Agency and Welsh Water must concede that the cumulative development in the area would have a significant impact.  There was a concern that the responses of both agencies did not reflect the experience of the local community on the ground.

·        The proposed access would require an excavation of the frontage.  The difference in level from the height of the footpath to the road level was such that it was questioned how a satisfactory footpath could be achieved.

·        An access from the layby further to the west opposite St Andrews Close would be preferable.  The bus stop could also be relocated to that position.

·        Councillor Edwards expressed particular concern about what he considered to be a longstanding failure to provide satisfactorily for the maintenance of on-site public open space on developments.  He had no confidence in the provision at section 5.1 of the proposed section 106 agreement that a management company would be responsible for such maintenance.  He considered that the developer should be required to make financial provision for maintenance.

·        In response to questions the Transportation Manager commented that whilst there had been a road closure for part of the time during which automated traffic counts has been undertaken the information obtained was considered to be sufficient to be able to make an assessment of usage.  Satisfactory gradients could be achieved for the access road and footpath.  He did not support the suggested alternative access because this would form a crossroads which at that particular location would create the potential for traffic to back up on the A49.

·        The Development Manager commented that the application was for outline permission including access and associated works.  The advice was that the proposed access met safety requirements.  Section 278/238 agreements would require the footpath to be appropriately constructed.

·        The Service Manager - Built and Natural Environment (Ecology) had commented that a suggested lack of functionality for the local sewage treatment works; should be followed up with Welsh Water as the section of the SAC in the R. Lugg has been known to be a failing stretch of the river for phosphates.  It would be important that the Land Drainage comments set out in the report were addressed.

·        A houses for life design should be considered.

·        It was to be hoped that the fine trees on the site would be protected.

·        The local efforts to secure a speed reduction on the A49 should be supported and the installation of a speed indicator device considered.

·        Whilst officers suggested that the density of the development would compare favourably with neighbouring developments it appeared that this was the case only if that calculation included the public open space attached to the development as opposed to considering the density of the built development itself.

The Lead Development Manager commented that Welsh Water had responded that the public sewerage network had capacity to accommodate the development.  Highways England, which was sensitive to any adverse impact on the A49, had expressed no objection.  Both agencies would be aware of proposed developments in the locality and would therefore take account of any cumulative impact in making their responses.  He believed that developers were taking note of examples of good design in recent developments in the county noting also that this assisted the sale of properties. Design and the housing mix would be addressed at the reserved matters stage. The footpath would have to be reinstated to the appropriate standard.  Traffic calming and gateway features would also be considered as part of the S106 agreement.  There were no matters significant enough to warrant refusal of the application.

The local ward member was given the opportunity to close the debate.  She reiterated concerns about the access and requested that if the application were approved traffic calming measures were developed in full consultation with the Parish Council.

Councillor Kenyon proposed and Councillor Baker seconded a motion that the application be approved in accordance with the printed recommendation with an additional condition as requested in the Housing manager’s comments.  The motion was carried with 9 votes in favour, 2 against and 2 abstentions.)

(Councillor Edwards requested that his abstention be recorded.)

 

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, officers named in the Scheme of Delegation to Officers are authorised to grant outline planning permission, subject to the conditions below and any other further conditions considered necessary:

 

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.         I51 Details of slab levels

 

6.         C10 Landscaping Scheme

 

7.         G11 Landscaping Scheme – implementation

 

8.         G14 Landscape Management Plan

 

9.         G15 Landscape Maintenance Plan

 

10.       CNS Housing Mix

 

            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 Policies RA2 and H3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

11.       CNS Noise Attenuation Measures

 

            Prior to the commencement of development a scheme of noise attenuating measures for the proposed dwellings shall be submitted to and be approved in writing by the Local Planning Authority. This scheme shall have regard to the advice provided by BS 8233:2014, Guidance on sound insulation and noise reduction in buildings, The World Health Organisation Guidelines for Community Noise. The approved scheme shall be implemented before the first occupation of the dwellings.

 

            Reason In the interests of the residential amenity of future residents in accordance with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. 

 

12.       L04 Comprehensive and Integrated draining of the site

 

13.       CNS Welsh Water suggested condition

 

            No building shall be occupied until the drainage system for the site has been completed in accordance with the approved details. Foul water from the development site shall be allowed to discharge to the public sewerage system and this discharge shall be made between manhole reference number SO50452502 and SO50453601 as indicated on the extract of the Sewerage Network Plan attached to this decision notice. Thereafter, no surface, land or highway water shall connect directly or indirectly to 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 having regards to the requirements of policy SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and guidance contained within the National Planning Policy Framework. 

 

14.       CNS Construction Traffic Management Plan

 

            The development shall not commence until a Construction Traffic Management Plan (CTMP) which shall include a programme for monitoring and review has been submitted to, and approved in writing by, the local planning authority, in consultation with the highways authority for the A49 Trunk Road. The approved CTMP shall be adhered to throughout the access construction period.

 

            Reason: To ensure that the safety and efficient operation of the strategic road network is not compromised during the construction period.

 

15.       CNS – Construction Management Plan

 

            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. 

 

16.       H03 Visibility Splays (2.4m x 59m)

 

17.       H06 Vehicular Access Construction

 

18.       H09 Driveway gradient

 

19.       H13 Access, turning area and parking

 

20.       H17 offsite works (s278)

 

21.       H18 Onsite roads – submission of details (s38)

 

22.       H20 Road completion phasing

 

23.       H29 Cycle parking

 

24.       CNS Biodiversity

 

            The recommendations for species and habitat enhancements set out in the ecologist’s report from Ecology Solutions dated August 2017 should be followed unless otherwise agreed in writing by the local planning authority. Prior to commencement of the development, a habitat protection and enhancement scheme should be submitted to and be approved in writing by the local planning authority, and the scheme shall be implemented as approved.

 

            An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

 

 

            Reasons:

 

            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).

 

25.       E01 – Site Investigation

 

26.       CE6 Efficient use of water

 

27        Housing mix condition

 

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, including any representations that have been received. 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.         Welsh Water advice:

 

            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.

 

3.         Having regard to the requirements of conditions 12 and 13 above. I would draw your attention to the advice and comments of the land drainage consultant that can be viewed online at:

 

            https://myaccount.herefordshire.gov.uk/documents?id=fa0292ae-a835-11e7-97b0-0050569f00ad

 

4.         I45 Works within the highway

 

5.         I49 Design of street lighting

 

6.         I51 Works adjoining highway

 

7.         I52 Extraordinary maintenance

 

8.         I54 Disabled access

 

(The meeting adjourned between 15:05 and 15:10 pm.)