Reserved matters following 132924/o for landscaping, appearance, layout and scale.

The application was approved in accordance with the Case Officer’s revised recommendation as set out in the schedule of updates.

(Reserved matters following 132924/o for landscaping, appearance, layout and scale.)

The Principal Planning Officer (PPO) 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.

The update included comments from the Transportation Manager and recommended additional conditions.  The PPO explained that compliance with one condition would mean that the proposed lay-by in front of plots 1 and 2, designed to meet a request from the Parish Council, could not be delivered.  This was unfortunate, however, officers considered that the scheme would be acceptable without the lay-by.  It was therefore recommended to delegate authority to named officers in the scheme of delegation to approve the application subject to the submission of an amended layout plan.

In accordance with the criteria for public speaking, Mr D Moore, the applicant’s agent, spoke in support of the application.

The Chairman reported that the local ward member, Councillor MJK Cooper, was unable to attend the meeting but had informed him that the Parish Council and he accepted the officer recommendation.  No Parish Council representative would therefore be attending to speak.

Members were generally supportive of the application, welcoming the way in which the applicant had worked with the local community and the parish council to seek to deliver a scheme of good quality.

Some concern was expressed about the removal of affordable housing from the scheme, noting amongst other things that the Housing Officer did not support this approach. The report stated that the District Valuer had concluded that on the basis of the provision of affordable housing and the S106 contribution the scheme was not viable. Following discussions with the applicant the Parish Council had indicated that it would support the payment of S106 contributions rather than the provision of six affordable housing units.  Given the agreement of the Parish Council, Members in the main considered this an acceptable approach, but made clear that they would not wish this to set a precedent potentially undermining the delivery of much needed affordable housing.

The PPO confirmed that a condition attached to the grant of outline planning permission required land drainage issues to be addressed.

The Lead Development Manager commented that the District Valuer scrutinised the viability of schemes carefully. The proposal was in accord with the parish council’s wishes. There had been some recent affordable housing development elsewhere in Weobley.  Regard would be had to the need to make additional provision for affordable housing in the housing market area

Councillor Powers proposed and Councillor Seldon seconded a motion that the application be approved in accordance with the printed recommendation with additional conditions as set out in the update sheet.  The motion was carried with 13 votes in favour, 1 against and no abstentions.

RESOLVED:  That subject to the completion of a Deed of variation to the Section 106 agreement under the Town & Country Planning Act 1990 in accordance with the Heads of Terms stated in the report and the submission of an amended site layout plan omitting the lay-by shown on Gadbridge Road 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.         B01 Development in accordance with approved plans and documents

2.         The Remediation Scheme, as described in Hydrock Document Reference:C-6293-C-BG-001 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 comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy.

3.         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 comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy.

4.         M17 Efficient use of water

5.         With specific regard to plots 1 to 5 inclusive and plots 37 to 40 inclusive, development of those plots shall not commence until details of visibility splays for their respective drives have been submitted to and approved in writing by the local planning authority. Visibility splays shall be provided from a point 0.6 metres above ground level at the centre of the access to the application site and 2 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 2 metres in each direction along the nearside edge of the adjoining carriageway.  Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.

            Reason: In the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

6.         None of the dwellings hereby approved shall be occupied until the access, turning areas and parking facilities relating to that dwelling and shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the local planning authority and these areas shall thereafter be retained and kept available for those uses at all times.

            Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

7.         None of the dwellings hereby approved shall be occupied until details of the footpath improvements along the site frontage have been submitted to and approved in writing by the local planning authority, and the development shall not be occupied until the scheme has been constructed in accordance with the approved details.

            Reason: To ensure the safe and free flow of traffic on the highway and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy Plan and the National Planning Policy Framework.

8.         None of the dwelling shall be first occupied until the roadworks necessary to provide access from the nearest publicly maintained highway have been completed in accordance with details submitted to and approved in writing by the local planning authority.

            Reason: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

9.         Prior to the occupation of any of the dwellings hereby approved, full details of a scheme for the provision of covered and secure cycle parking facilities within the curtilage of each dwelling shall be submitted to the Local Planning Authority for their written approval. The covered and secure cycle parking facilities shall be carried out in strict accordance with the approved details and available for use prior to the occupation of the dwelling to which they relate and thereafter these facilities shall be maintained.

            Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform with the requirements of Policies SD1 and MT1 of 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. 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.         This planning permission is pursuant to a planning obligation under Section 106 of the Town and Country Planning Act 1990.

3.         The attention of the applicant is drawn to the conditions on the outline planning permission granted on 2 April 2015 (Reference No. P132924/O.  This application for the approval of reserved matters is granted subject to these conditions.