Reserved matters application for 414 dwellings, vehicular access and associated works. 

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

(Reserved matters application for 414 dwellings, vehicular access and associated works.)

(Councillor FM Norman fulfilled the role of local ward member and accordingly had no vote on this application.  Councillor JLV Kenyon had not been present during the presentation and had no vote on the application.)

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.

He highlighted that the update included a memorandum of understanding between the applicant and the local planning authority that established a programme for monitoring air quality to ensure in compliance with condition 15 of the outline planning permission that the development did not exacerbate air pollution levels.

In accordance with the criteria for public speaking, Mr C Burke, of Leominster Town Council spoke in opposition to the Scheme.  Mr CA Webb-Davies, a local resident, spoke in objection.  Mr G Godwin, the applicant’s agent, spoke in support.

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

She made the following principal comments:

·        There had been a lack of communication by the applicant with the local community.

·        The quality of the proposed housing was poor, although it was noted that the plans had now been amended so that bedrooms now met the minimum size used as a guide in the Council’s Amenity Standards Document, having originally been significantly smaller.

·        There was poor connectivity with the Town.

·        There were no community facilities, provision for which had been made in the initial plans.

·        The housing mix and provision of public open space had been somewhat improved.

·        A significant number of trees were to be removed, missing an opportunity to enhance the development.  The Conservation Manager (Trees) objected to these proposals.  Trees would also help to reduce the air pollution problems.

·        Whilst some concerns had been addressed and some improvements made to the original proposals it remained a mediocre proposal that could be much better.

·        Issues of particular concern to the community and to the Civic Society and Campaign to Protect Rural England, as detailed in their submissions, included the lack of an environmental assessment, the impact on the landscape and the loss of trees, and especially the environmental impact of the significant increase in traffic the development would generate.

·        Outline permission had been granted some 12 years ago.  Circumstances had changed during that time and a new application should have been required.

·        The proposal did not fulfil the aims of policy LD1, demonstrating that character of the landscape and townscape had positively influenced the design, and maintain and extend tree cover.

·        It also did not fulfil policy LD2 which required that development proposals should conserve, restore and enhance the biodiversity provide for therestoration and enhancement of existing biodiversity and geodiversity features on site and connectivity to wider ecological networks.

·        Nor did it comply with policy LD3, which required proposals to protect, manage and plan for the preservation of existing and delivery of new green infrastructure, and should achieve the objective: identification and retention of existing green infrastructure corridors and linkages, including the protection of valued landscapes.

·        The Conservation Manager (Ecology) had indicated that provision for birds and bats needed to be increased.

·        The Town Council had expressed an interest in taking responsibility for the management of the public open space but discussions with the applicant had not yet taken place.

·        There was particular concern about the environmental impact of the additional traffic that would be generated and the effect on air quality in an area that already suffered from very serious pollution.  An approval granted 12 years ago was not acceptable.  The adverse effects of poor air quality on health were now much better understood.  The young and elderly were particularly vulnerable and a nursing home and a nursery were located at the bottom of the Bargates.  Air pollution was still exceeding permitted levels and there was no indication as to how this situation would be mitigated.  Policy LO1 stated that it should be ensured that developments do not exacerbate air pollution levels within the designated air quality management area at Bargates.

·        Assurance was also required in accordance with policy LO1 that development did not undermine the achievement of water quality targets in accordance with policies SD3 and SD4.

·        If the application were to be approved a comprehensive transport plan for the Town was needed before any development took place and this should be prepared in conjunction with the Town Council.

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

·        Concerns expressed by the local ward member were endorsed.

·        Engagement by the applicant with the local community and the Town Council would have enabled many of the concerns expressed about the development to be overcome.

·        Whilst the scheme may be mediocre the benefits of the scheme including the housing mix outweighed the negative impacts.

·        Concern was expressed that the removal of the proposed community centre from the plans would be detrimental to the establishment of a community identity.

·        Clarification was sought on the level of air pollution in the Bargates area and how it was proposed to mitigate the effects of the proposed development.

The PPO commented that outline planning permission had been granted for the development.  Air quality issues had been considered at the time.  The permission could not be withdrawn. Although this had been granted in 2005 the landowner had renewed the outline permissions and the authority was therefore obliged to determine the reserved matters application. These matters did not include the principle of traffic management and air quality which would be addressed by conditions on the original permission.  The applicant had highlighted the ambiguity in condition 15 of the outline permission and accordingly had offered the memorandum of understanding referred to in the committee update.  No development would take place until the first phase of monitoring had taken place and a baseline for pollution levels established.

The Head of Regulatory & Development Management Services commented that air quality had in fact improved since the outline permission had been granted in 2005.  However, the legal target level was still being exceeded.  There was an air quality action plan.  The first action, an improvement to traffic light sequencing to reduce the amount of idling traffic had been implemented.  The southern bypass was also included in the action plan and remained an aspiration in the local transport plan and the core strategy.  If measurements showed air quality was deteriorating consideration could potentially be given to the sequencing of the traffic lights or to see if they had the ability to filter through buses and lorries.

·        The Conservation Manager (Trees) had objected to the proposal.

·        It was asserted that Regulations provided that the local planning authority could not approve an application that would result in a deterioration in an air quality management area.  The Lead Development Manager commented that this provision did not apply to the consideration of the reserved matters submission before the Committee.

In response to questions officers commented:

·        The southern link road was being pursued.  The enhancement to traffic lights at the Bargates had been introduced in September 2017 and significantly reduced delays but it was too soon to assess the full impact.

·        It could be ensured that suitable replacement tree planting took place.

·        Cornhill farm was some 200m from the development and would not be affected by it.  It was not believed that intensive agriculture was carried out on the farm and that was not therefore a consideration in relation to the development.

·        The appropriate time for discussions with the Town Council on the management of the public open space would be after planning permission was granted and delivery of the S106 agreement was being considered.  It was noted that the Parks and Countryside Officer had commented in the report that the overall design now took account of the two key axis within the site and enabled the creation of a safe accessible network of green space.

·        It was clarified that as time had elapsed since 2005, the provision of a community centre originally proposed was not compliant with the community infrastructure levy provisions and the requirement had been removed from planning obligations some time ago.  The completed S106 agreement that had accompanied the 2012 outline permission reflected the requirements of the current supplementary planning document.

The Lead Development Manager welcomed the Town Council’s interest in managing the public open space, the case officer’s success in securing improvements in the size and design of the properties, and confirmed that there would be significant landscaping.

The local ward member was given the opportunity to close the debate.  She commented that she had no objection in principle to the development of such a brownfield site.  However, a number of matters had not been addressed.  In particular, there needed to be clear mitigation of the air pollution problems.  This did not appear to be in place.  The only solution appeared to be the provision of a relief road.

Councillor Baker proposed and Councillor Swinglehurst seconded a motion that the application be approved in accordance with the printed recommendation with the additional condition as set out in the update sheet.  The motion was carried with 7 votes in favour, 3 against and 2 abstentions.

RESOLVED: That approval of Reserved Matters be granted subject to the following conditions and any other conditions considered necessary by officers:

 

1.         B01 Development in accordance with the approved plans and documents

 

2.         C01 Samples of external materials

 

            Prior to the commencement of each phase of the development hereby approved, details or samples of materials to be used externally on walls and roofs shall be submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

            Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

3.         The recommendations for species and habitat enhancements in the ecologist’s report from ECUS Environmental Consultants dated February 2017 and the reports by Mark Latham of 2013 and 2014 should be followed. Prior to the commencement of development a detailed habitat enhancement scheme should be submitted to the local planning authority for approval unless otherwise agreed in writing by the local planning authority and the scheme shall be carried out as approved.  The plan 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 enhancement work.

 

            Reason: 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).

 

4.         Prior to commencement of the development, an appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to inspect the site and implement the measures recommended to ensure there is no impact upon reptiles. The results and actions from the inspection together with specific provisions proposed for reptiles shall be relayed to the local planning authority upon completion.

 

            Reason: 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).

 

5.         The recommendations for protected species mitigation set out in the report by ECUS Environmental Consultants dated February 2017 and the reports by Mark Latham of 2013 and 2014 should be followed unless otherwise agreed in writing by the local planning authority.  A working method statement for protected species present should be submitted to the local planning authority in writing.  The plan 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.

 

            Reason: 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).

 

6.         H11 Parking - estate development (more than one house)

 

            Prior to the first occupation of any dwelling to which this permission relates an area for car parking shall be laid out within the curtilage of that property, in accordance with the approved plans which shall be properly consolidated, surfaced and drained, in accordance with details to be submitted to and approved in writing by the local planning authority and those areas shall not thereafter be used for any other purpose than the parking of vehicles.

 

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

 

7.         H17 Junction improvement/off site works

 

            Development shall not begin in relation to any of the specified works until details of the roundabout serving the development 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 to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy Plan and the National Planning Policy Framework.

 

8.         H19 On site roads – phasing

 

            None of the dwellings shall not 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 to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

9.         H25 Direction of proposed lighting

 

            The proposed lighting shall be directed away from the public highway and no light source shall be visible from outside the extremities of the application site. A street lighting plan must be submitted and approved in writing by the local planning authority for each phase of the development before construction on that phase begins.

 

            Reason: In the interests of highway safety and to conform to the requirements of Policy SD1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

10.       H29 Secure covered cycle parking provision

 

            Within 8 weeks of the first occupation of the dwelling to which it relates a scheme for the provision of covered and secure cycle parking within the curtilage of each dwelling shall be submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details. The cycle parking shall be installed and made available for use in accordance with a timescale to be agreed in writing by the local planning authority.

 

            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.

 

11.       H31 Outline Travel Plan

 

            Prior to the first occupation of each the development hereby approved an Outline Travel Plan, (which contains an overview of the transport implications of the proposed development, a commitment to promote alternative sustainable means of transport for staff and visitors and supporting strategies, with respect to the development hereby permitted), shall be submitted to and be approved in writing by the Local Planning Authority.

 

            Within six months of the development being first brought into use, a Full Travel Plan, that contains a survey of travel patterns, targets and measures to promote alternative sustainable means of transport shall be further submitted to and be approved in writing by the Local Planning Authority. The Travel Plan shall be implemented in accordance with the approved details.

 

            A detailed written record shall be kept of the measures undertaken to promote sustainable transport initiatives and a review of the Travel Plan shall be undertaken annually. All relevant documentation shall be made available for inspection by the local planning authority upon reasonable request.

 

            Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives and to conform to the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

12.       Prior to the commencement of development the following information shall be submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details:

•           Adoptable roads should be identified on a drawing.

•           The cycle link that enters the site at the roundabout should follow the route from the roundabout and cross prior to the T junction indicated at the end of the road entering the site. This cycleway should than follow this route that runs past plot numbers 373 to 378 to the crossroads junction formed near plot 414. From here the cycleway would follow the route to the North West to the T junction outside plot 88 where it follows the eastern road towards the open space indicated on the drawing. A cycle link should then link back through the open space so a loop is formed. The cycleway construction would be 3m unsegregated or ‘shared’ cycle and pedestrian facility.

•           From the open space a cycle facility should extend to the Cholstrey Road to provide a link to the linear park.

•           The raised tables indicated on the carriageway need to be shown with more detail, including methods of traffic control (for example give way lines etc.) at each of the junctions.

•           Visibility lines for the junctions, conflict points and bends should be indicated.

•           Herefordshire Council prefers not to have block paved roads.  Additional details required in relation to the raised areas and the construction of the roads shaded brown on the proposed layout.

•           The shaded brown ‘through’ routes on the site should be considered minor access routes with a 4.8m width, cul-de-sacs could be considered as shared spaces with 4.5m width as per the Design Guide for New Developments  

•           Footway link in the northern corner in the site terminates near plot 1. This should be delineated as a route that links back to the adoptable highway near to plot 7.

•           The cul-de-sac near plot 20 should have a formal link through to the footway that runs near the site boundary.

•           The cul-de-sac that runs to plot 53-55 would benefit from a formal footway link towards the open space.

•           The cul-de-sac near plot 278-279 should have a formal link through to the footway that runs near the site boundary.

•           The junctions on the bus route should have 10m radii bell mouth arrangements.

•           The cul-de-sac near to plot 302 has no turning head, and the turning head near 267 appears to be substandard.

•           Gradient details will be reviewed when details are made available. Pedestrian routes should not exceed 1 in 20.

•           A bus stop with shelter and bus kerbs should be provided at an appropriate location within the site.

•           There are a number of straights that exceed the maximum lengths as set out in the Herefordshire Design Guide. These require an alignment change or details of raised tables to mitigate this issue. The straights are particularly apparent from plot   36-83, 09-38, 119-129, 301-258 and 311-341. 

 

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

 

13.       The specification of any gas boilers to be installed in the dwellings hereby approved shall be submitted to and approved in writing by the Local Planning Authority before they are fitted and the approved specification shall be implemented prior to the first occupation of the development and shall be maintained for the lifetime of the development.   Any gas boilers provided must meet a dry NOx emission concentration rate of <40mg/kWh.

 

            In order to minimise the impact of the development on local air quality and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

14.       With the exception of any site clearance and groundwork or works to provide access to the site, no further development shall take place until details for the provision of charging points for electric vehicles for each dwelling have been submitted to and approved in writing by the local planning authority.  The development shall be carried out in accordance with the approved details and charging points shall be available for use for the dwelling to which they relate upon the first occupation of that dwelling.

 

            Reason: In order to minimise the impact of the development on local air quality and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

15        With specific regard to the completion of air quality monitoring at the Bargates junction, the development hereby approved shall be carried out in accordance with the phasing and methodology as set out in the applicants Memorandum of Understanding which is attached to this decision notice.

 

            Reason: In order to mitigate the impacts of the development with specific regard to air pollution and to comply with Policies LO1 and SD1 of the Herefordshire Local Pan – 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.         The attention of the applicant is drawn to the conditions on the outline planning permission granted on 8 June 2017 (Reference No. P120887/O.  This application for the approval of reserved matters is granted subject to these conditions.

           

 

3.         I09 – Private apparatus within the highway (Compliance with the New Roads and Streetworks Act 1991, the Traffic Management Act 2004 and the Highways Act 1980)

           

4.         I08 – Section 278 Agreement

           

5.         I45 – Works within the highway (Compliance with the Highways Act 1980 and the Traffic Management Act 2004)

           

6.         I07 – Section 38 Agreement & Drainage details    

                       

7.         I16 - Affected street lighting or illuminated signs 

                       

8.         I57 – Sky glow          

                       

 

9.         I49 – Design of street lighting for Section 278

           

10.       I54 – Disabled needs

           

11.       I51 – Works adjoining highway

           

12.       I47 – Drainage other than via highway system

           

13.       I35 – Highways Design Guide and Specification