Agenda item

171777 - LAND BETWEEN GARBROOK AND LITTLE TARRINGTON COMMON ROAD, LITTLE TARRINGTON, HEREFORD HR1 4JA

Proposed mixed use development comprising 15 dwellings including 5 affordable, 2 live work units and associated roads and footpaths, junction improvements, sustainable drainage, informal public open space, hedgerow and tree planting.

Decision:

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

Minutes:

(Proposed mixed use development comprising 15 dwellings including 5 affordable, 2 live work units and associated roads and footpaths, junction improvements, sustainable drainage, informal public open space, hedgerow and tree planting)

(Councillor J Hardwick was fulfilling the local ward member role and accordingly had no vote on this application)

The Acting Development Manager (ADM) gave a presentation on the officer report, as attached to these minutes, relating to the application.

In accordance with the criteria for public speaking Mr R Pryce, applicant’s agent and Mr R Price, local resident, spoke in support to the application.

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

Councillor Hardwick made the following principal points:

· The application had undergone significant revisions and the current proposal represented the best solution for the site;

· There was an intention to include the site for development in the neighbourhood plan which was at an early stage of drafting;

· The site did not merge the areas of Tarrington and Little Tarrington;

· A TRO process for a 30 mph limit on the A438 close to the site had been commenced and an improvement to the junction onto the road would benefit the local area; and

· The proposed footway on the site would improve pedestrian safety for people walking between Tarrington and Little Tarrington.

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

· The development was felt to be sympathetic to the surrounding area. The layout of the site was commended and it was stated that the plan could be an exemplar for other developers. The inclusion of bungalows on the site was particularly welcomed.

· The applicant had taken account of the concerns and issues of local residents in the production of the application. This was evident through the low density nature of the site and the proposed improvements to the nearby road junction;

· A query was raised regarding the size of gullies and the capacity of the drainage system to cope with run-off from the site. Responsibility for the maintenance of the drainage system was raised and why this was not stated in the conditions. The ADM confirmed that, in an addition to the legal agreement, a management company would be established to maintain the drainage system;

· A query was raised regarding the Traffic Regulation Order (TRO) relating to the 30 mph speed limit and why this was not included in the conditions. The ADM confirmed that a contribution of £15,000 was included in the heads of terms and would be secured via a legal agreement;

· It was important that the site made provision for wildlife and the work undertaken to ensure the site was wildlife-friendly following consultations was welcomed. The ADM confirmed that condition 12 made provision for habitat enhancement including provision for swift and bat nesting;

· A concern was raised regarding consistency with planning policy and the potential to set a precedent for bad development in similar areas. A query was raised regarding the 18% growth target in the core strategy and if this was realistic for Tarrington. The ADM confirmed: that the growth target was a minimum, indicative target that parish councils should work towards during production of neighbourhood development plans (NDPs); that there is no duty to co-operate between parishes working on NDPs; and that there is no evidence that other parishes would be willing to make up an ‘shortfall’ in housing delivery in Tarrington parish .

· It was queried how the live work units would be protected from conversion to fully residential housing. The ADM confirmed that under condition 20 the work spaces could not be converted to residential use as they were classed for B1 purposes.

The local ward member was given the opportunity to close the debate.

Councillor Hardwick explained that the issues had been covered and if approved the parish council would be encouraged to continue with its neighbourhood development plan.

Councillor RJ Phillips proposed and Councillor PJ Edwards seconded a motion to approve the application in accordance with the printed recommendation with the additional condition set out in the update sheet. The motion was carried unanimously.

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 planning permission, subject to the conditions below and any other further conditions considered necessary:

1.	A01 Time limit for commencement (full permission)
2.	H03 Visibility splays
3.	H06 Vehicular access construction
4.	H13 Access, turning area and parking
5.	H17 Junction improvement/off site works (works to U66205 shown on Drawing LT-PA-2697-08A)
6.	H16 Parking/unloading provision - submission of details
7.	H20 Road completion in 2 years
8.	H21 Wheel washing
9.	H27 Parking for site operatives
10.	Construction Traffic Management Plan
11.	Before any work begins, equipment or materials moved on to site, a Construction Environmental Management Plan (CEMP) shall be supplied to the planning authority for written approval. The approved CEMP shall be implemented and 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.
12.	Prior to commencement of the development, a detailed habitat enhancement scheme based on the recommendations in the Ecology Report by Ecology Services dated May 2017 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.	No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network 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,
14.	Prior to the occupation of properties the flood alleviation channel proposed in Section 4.2 of Hydro-Logic's FRA (Ref: K0790 Rep. 2 Rev 2 dated September 2017) must be in place with detailed design to be agreed and approved by the Lead Local Flood Authority. Reason: To reduce flood risk to the site. In summary, the updated FRA with the additional modelling of blockage scenarios has addressed the issues we have raised previously and responded to local concerns. We therefore feel the FRA is now satisfactory and is in line with national planning policy.
15.	C01 Samples of external materials
16.	G09 Details of Boundary treatments
17.	All planting detailed upon the Amended Landscaping Proposals – Drawing number LT-PA-2697-07b dated 26^th September 2017 - shall be carried out in the first planting season following completion of the development or first occupation of the development (whichever is the sooner). Any trees or plants that within a period of ten years of their planting die are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. Reason: To ensure a satisfactory appearance to the development in the landscape, in accordance with policies SS6, LD1, RA6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031.

18.	B03 Development to be in accordance with amended plans
19.	Construction Environmental Management Plan
20.	The work space within the live-work units hereby approved (plots 16 and 17 on the approved site layout drawing LT-PA-2697-03b) shall be used solely for purposes falling within Class B1 of the Use Classes Order 1987 (As amended). Reason: To control the use of the workspace areas in order to ensure that they remain compatible with the adjoining residential properties so as to comply with policies SD1 and RA6 of the Herefordshire Local Plan Core Strategy 2011-2031 .
21.	Prior to the first occupation of the development a scheme demonstrating measures for the efficient use of water as per the optional technical standards contained within Policy SD3 shall be submitted to and approved in writing by the local planning authority and implemented as approved. Reason: To ensure compliance with Policies SD3 and SD4 of the Hereford Local Plan – Core Strategy
22.	Notwithstanding the approved plans, details of the following shall be submitted to and approved in writing by the local planning authority. Nature and size of the standard pipe network proposed to convey onsite runoff. Details of the pipe network proposed to convey clean roof runoff to the ornamental pond. How the system will deal with surcharge and blockages. Including how overland flows would be conveyed to the ornamental pond and attenuation basin. Full specifications of the Hydro-brake Optimum Confirmation that Ordinary Watercourse Consent has been granted by Herefordshire Council for the outfalls from the attenuation basin. Reason: To ensure compliance with Policies SD3 and SD4 of the Hereford Local Plan – Core Strategy
23.	Finished floor levels should be set at least 600mm above the upstream 1 in 100 year plus 35% modelled flood level of 69.60m AOD, confirmed in Hydro-Logic's FRA (Ref: K0790 Rep. 2 Rev 2 dated September 2017 Table 4.2) as 70.20mAOD. Reason: To protect the development from flooding including the impacts of climate change.

INFORMATIVES:

1.	HN10 No drainage to discharge to highway
2.	HN08 Section 38 Agreement & Drainage details
3.	HN07 Section 278 Agreement
4.	HN28 Highways Design Guide and Specification
5.	HN05 Works within the highway
6.	N02 Section 106 Obligation
7.	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.

Councillor Harwick took his seat on the committee at 12.03 p.m.

Supporting documents: