Proposed site for up to 80 dwellings, garages, parking, open space and indicative road layout.

The recommendations were approved as set out in the report.

(Proposed site for up to 80 dwellings, garages, parking, open space and indicative road layout.)

(Councillor Seldon fulfilled the role of local ward member and accordingly had no vote on this application.)

The Lead Development Manager presented the report which did not relate to the principle of development but sought to resolve omissions in the draft heads of terms presented to the Committee when it had determined the application on 13 September 2017 and in the minutes of that meeting.

In accordance with the Council’s Constitution, the local ward member, Councillor A Seldon, spoke on the application.  He commented that it was unfortunate that the impression had been given to some in the local community that the principle of the development was to be reconsidered.  He welcomed the proposed health contribution which he hoped would be the first of many in S106 agreements.  He remarked that in part because of the development Welsh Water were now disputing the strategic housing sites it had been proposed to bring forward.

Councillor Greenow proposed and Councillor Johnson seconded a motion that the application be approved in accordance with the printed recommendation.  The motion was carried with 11 votes in favour, none against and no abstentions.

RESOLVED: That subject to the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement in accordance with the amended Heads of Terms attached to the report, officers named in the Scheme of Delegation to Officers be 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.         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.

h.         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.

6.         Prior to the first occupation of any of the dwellings hereby approved a Travel Plan which contains measures and targets to promote alternative sustainable means of transport for residents and visitors with respect to the development hereby permitted shall be submitted to and be approved in writing by the Local Planning Authority. The Travel Plan shall be implemented, in accordance with the approved details, on the first occupation of the development. 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 Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

7.         No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with 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.

 8.        The proposed development site is crossed by a public sewer with the approximate   position being marked on the attached Statutory Public Sewer Record. The position shall be accurately located, marked out on site before works commence and no operational development shall be carried out within 3 metres either side of the centreline of the public sewer.

            Reason: To protect the integrity of the public sewer and avoid damage thereto protect the health and safety of existing residents and ensure no pollution of or detriment to the environment

 9.        The recommendations for species mitigation and habitat enhancements set out in the             ecologist’s reports for this application from Shropshire Wildlife Surveys be followed unless otherwise agreed in writing by the local planning authority and the scheme shall be carried out as approved.  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 ensure there is no        impact upon protected species by clearance of the area.  A species mitigation and ecological enhancement plan should be submitted to the local authority for approval and the scheme 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).

            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).

 10.      G03 Retention of existing trees/hedgerows

 11.      G10 Landscaping scheme

 12.      G11 Landscaping scheme - implementation

 13.      H06 Vehicular access construction

 14.      I44 No burning of materials/substances during construction phase

 15.      I55 Site Waste Management

 16.      M17 Water Efficiency - Residential

 17.      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 Policy H3 of the 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.         HN04 Private apparatus within highway

4.         HN01 Mud on highway

5.         HN28 Highways Design Guide and Specification

6.         HN25 Travel Plans

7.         HN05 Works within the highway

8.         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

9.         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. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.