Demolition of all existing buildings and hard standings, remediation of the site, including reinstatement or landscaping of the former canal and development of up to 120 homes, landscaping, public open space, new vehicle and pedestrian access and associated works. 

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

(Demolition of all existing buildings and hard standings, remediation of the site, including reinstatement or landscaping of the former canal and development of up to 120 homes, landscaping, public open space, new vehicle and pedestrian access and associated works.)

The Acting Development Manager (ADM) 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 contained a response recently received from the Herefordshire & Gloucestershire Canal Trust.  This replaced the Trust’s objection made in 2016 as set out at paragraph 5.4 of the published report.  The updated response stated, amongst other things, that the Trust could only concur with the District Valuer and could only support the developer’s current position with regard to the canal.

In accordance with the criteria for public speaking, Mr S Kerry, Clerk to Hereford City Council spoke noting the Canal Trust had now indicated its agreement with the proposal which changed the City Council’s response, which had been one of objection, to some degree.  However, there should be no further concessions to the developer.  Mr A Fieldman, the applicant’s agent, spoke in support of the application.

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

·        There was concern that significant concessions appeared to be being made to the developer with no benefit to the community.  The scheme no longer provided any affordable housing.  There were no other S106 contributions to be made and the works on the canal were being limited to preparing the canal for future restoration.  It was noted that the canal route would be safeguarded and capped to a depth of 2ft.

·        The ADM commented that the District Valuer did not include in his appraisal the cost the developer paid for the land at the time of purchase, but assessed the value of the land at current prices.  He also commented that whilst the planning permission had included a clawback provision that would have taken effect if the costs of development had proved to be less than estimated, and this could be revisited, the estimated development costs were now such that it was highly unlikely that such a provision would be relevant.

·        It was suggested that the housing mix would be important to ensure smaller units were provided to meet housing needs.  It was also requested that smaller units should be of high quality with affordable running costs.

·        There was a wider issue in that government grants for the remediation of brownfield land had been withdrawn and it was suggested local MPs should be made aware of the importance of government providing financial assistance if the development of brownfield land was to be achieved.

·        The site was an eyesore and needed to be developed.

·        It was important to safeguard the route of the canal in accordance with the Core Strategy.  The restoration of the canal would bring considerable benefits to the City and the County.

·        Reference was made to the Canal Trust’s statement in its submission, included in the committee update, that a 'non objection' clause on the retained land was required.  The ADM clarified that this would be addressed through a legal agreement between the canal trust and the developer as such an agreement was in their mutual interest.

 

The Chairman agreed to explore a request that information be provided to members on how the District Valuer made his viability assessments, noting what appeared to be a growing number of instances in which developers were claiming that sites had become unviable to develop and the implications this had for the provision of affordable housing.

 

The ADM commented that the Committee’s decision in 2016 had prioritised development of the canal over the provision of affordable housing.  The District Valuer had independently assessed the viability of the site leading to the proposal before the Committee.    The Canal Trust had withdrawn its objection to the proposal accepting that assessment of the site’s viability.  The route of the canal was safeguarded.  If the application were to be refused it was likely that the site, a contaminated brownfield site with buildings on it that needed to be demolished, would remain derelict for some time, losing an opportunity to provide 120 homes.  He did not consider that there would be grounds to support a refusal of the application if an appeal were to be made.

 

Councillor Edwards proposed and Councillor Swinglehurst seconded a motion that the application be approved in accordance with the printed recommendation.  The motion was carried with 12 votes in favour, 2 against and no abstentions.

 

RESOLVED:  That subject to the completion of a Section 106 Town and Country Planning Act 1990 obligation requiring the safeguarding of the route of the Canal and transfer of the Canal Land (at nil consideration), 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 by officers.

 

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.         A05 Plans and Particulars of Reserved Matters

 

5.         B03 Amended Plans

 

6.         H06 Vehicular Access Construction

 

7.         H17 Junction Improvement/Off site Works

 

8.         H19 On Site Roads - Phasing

 

9.         H20 Road Completion in 2 Years

 

10.       H21 Wheel Washing

 

11.       H27 Parking for Site Operatives

 

12.       H29 Secure Covered Cycle Parking Provision

 

13.       H31 Outline Travel Plan

 

14.       G19 Details of Play Equipment

 

15.       G10 Landscaping Scheme

 

16.       G11 Landscaping Scheme - Implementation

 

17.       G14 Landscape Management Plan

 

18.       L01 Foul/Surface Water Drainage

 

19.       L02 No Surface Water to Connect to Public System

 

20.       L03 No Drainage Run-Off to Public System

 

21.       L04 Comprehensive & Integratred Draining of Site

 

22.       The recommendations for species mitigations set out in Section 5 of the ecologist’s reports from  Ecology Services dated November 2015 and habitat enhancements set out within Section 5 of the ecologist’s reports from Ecology Services dated February 2015 should be followed unless otherwise agreed in writing by the local planning authority and the scheme shall be carried out as approved.  A working method statement for protected species present and habitat enhancement plan should be submitted to the local planning authority in writing.  The plan shall be implemented as approved.

 

            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).

 

 

23.       Development shall not commence until a scheme to safeguard the residential units hereby permitted from road traffic, railway and industrial noise has been submitted to and approved in writing by the local planning authority.  All works which form part of the approved scheme shall be completed before occupation of any dwellings and shall thereafter be retained.

 

            Reason:  To protect the amenities of the residential units hereby approved so as to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the NPPF.

 

24.       Prior to the commencement of development, details of a scheme for acoustic attenuation of noise from the extract fans at Cavanaghs shall be submitted to and approved in writing by the local planning authority.  The scheme shall be implemented in accordance with the approved details prior to first occupation of any of the residential units hereby permitted and any works or attenuation measures shall thereafter be retained.

 

            Reason:  To protect the amenities of the residential units hereby approved so as to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the NPPF.

 

 

25.       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, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors

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.  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.

 

26.       The Remediation Scheme, as approved pursuant to condition no. 25 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.

27.       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.

 

28.       M17 Water Efficiency – Residential

 

29.       Non-standard – Housing Mix

 

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.         N02 Section 106 Obligation

 

3.         HN01 Mud on Highway

 

4.         HN04 Private Apparatus within Highway

 

5.         HN05 Works within the Highway

 

6.         HN07 Section 278 Agreement

 

7.         HN08 Section 38 Agreement & Drainage Details

 

8.         HN10 No Drainage to Discharge to Highway

 

9.         HN21 Extraordinary Maintenance

 

 

(The meeting adjourned between 11.00 – 11.10 am)