Proposed residential development of 25 dwellings along with new access and associated works.

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

(Proposed residential development of 25 dwellings along with new access and associated works.)

 

The Development Manager 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 an additional condition was proposed in relation to drainage.

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

He made the following principal comments:

·        The current proposal was a much more acceptable scheme than that which had been granted outline planning permission in December 2015.  There was only one objection to the current proposal compared to 43 objections to the preceding application.

·        The communication with the Parish Council and the local community on the application had been much improved.  The Parish Council supported the application.

·        The application site had been accepted as a commitment within the Kimbolton Neighbourhood Development Plan.  If the application were approved the Parish would have no difficulty in meeting the minimum housing provision target in the Core Strategy.

·        There were no objections from the statutory consultees.  However, he highlighted the response from Welsh Water regarding conditions and the conditions requested by the Service Manager (Built and Natural Environment).

·        It was disappointing that the provision of the additional housing would result in the loss of public open space and the community orchard proposed in the original application.

·        He hoped that the off-site contribution would be used to improve surrounding public rights of way in the parish.

·        There had been concerns about flooding and pollution and he hoped that reassurance on both sewerage and drainage would be provided.  He noted that the land drainage officer considered the proposals to be largely acceptable in principle, subject to additional information being submitted.

·        A further concern related to the extra traffic that would be generated.  Speeding was an issue in the locality and traffic calming measures would be welcome as would a footway and cycle link between Chestnut Way and the A49. It was to be hoped that measures would be provided from the funding for sustainable transport infrastructure referenced in the draft S106 agreement, appended to the report, in discussion with the Parish Council and the local ward member.

·        The scheme was not perfect but it did represent an improvement on the previous scheme and was unlikely to be improved upon.  On balance he therefore supported it.

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

·        Noting that Welsh Water did not own the treatment plant it was questioned whether this had an adverse implication for the affordability of the proposed affordable housing.

·        The additional condition included in the update sheet would address the significant concerns expressed about sewerage and drainage.

·        Improved pedestrian links to the A49 would be welcome, providing access to Leominster and improving sustainability.

·        The improved communication on the application with the parish council and the community was to be welcomed. 

·        The Parish Council supported the application.

·        It was important that energy efficient design was used to minimise running costs of the homes, in particular affordable housing to ensure that it was indeed affordable.

·        It was asked whether the application again prompted further consideration of whether the affordable housing thresholds and targets in policy H1 needed to be reviewed.

In response to questions the Development Manager commented that the proposed garden space provided for properties under the revised scheme would be quite generous.  He could not comment on the cost of sewerage and drainage for the privately maintained works.  He explained the basis on which the initial cost of the affordable housing units would be calculated. He confirmed that sustainable transport measures were referenced in the draft heads of terms and works that could be financed by the sum to be provided would be discussed with the parish council and local ward member. A local housing needs survey had been undertaken in 2012.  The Parish Council support for the scheme could be assumed to indicate that the proposed affordable housing would fulfil a local need.

The local ward member was given the opportunity to close the debate.  He reiterated that overall the scheme was of benefit. 

Councillor Edwards proposed and Councillor Baker seconded a motion that the application be approved in accordance with the printed recommendation with an additional condition as set out in the update sheet.  The motion was carried with 12 votes in favour, none against and 1 abstention.

RESOLVED:  That officers named in the Scheme of Delegation to Officers be authorised to complete a planning obligation under Section 106 of the Town and Country Planning Act 1990 with regard to the obligations in the draft heads of terms and any additional matters and terms as considered appropriate.  Upon completion of the aforementioned planning obligation that the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions and any further conditions considered necessary by officers named in the scheme of delegation:

 

1.         A01 Time limit for commencement (full permission)       

 

2.         B01 Development in accordance with the approved plans

 

3.         C01 Samples of external materials

 

4.         G03 Retention of existing trees/hedgerows

 

5.         G04 Protection of trees/hedgerows that are to be retained

 

6.         G10 Landscaping scheme

 

7.         G11 Landscaping scheme - implementation

 

8.         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 conduct an ecological inspection at an appropriate time of year and ensure there is no impact upon protected species by clearance of the area. The results and actions from the inspection and survey 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).

 

9.         The recommendations set out in Section 5 of the ecologist’s report from Churton Ecology dated March 2015 and the pre-commencement site checks should be followed unless otherwise agreed in writing by the local planning authority. Prior to commencement of the development, a habitat protection and enhancement scheme integrated with the landscape scheme should be submitted to and be approved in writing by the local planning authority, and the scheme 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 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).

 

            To comply with Herefordshire Council’s Policy NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of the NPPF and the NERC Act 2006

 

10.       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 plan to show the location of site offices and rest areas for staff

d.         A noise management plan including a scheme for the monitoring of construction noise.

e.         Details of working hours and hours for deliveries

f.          A scheme for the control of dust arising from building and site works

g.         A scheme for the management of all waste arising from the site

h.         A travel plan for employees

 

            Reason: In order to protect the residential amenity of adjacent properties, to ensure that an appropriate mix of housing is maintained across the site, and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

11.       Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no windows; including rooflights, shall be constructed in any of the elevations of the bungalows shown on Plots 1 to 3 of the approved plan 5776/P/10.

 

            Reason: In order to protect the residential amenity of adjacent properties, to ensure that an appropriate mix of housing is maintained across the site, and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

12.       H06 Vehicular access construction

 

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

 

14.       H17 Junction improvement/off site works

 

15.       H18 On site roads - submission of details

 

16.       H29 Secure covered cycle parking provision

 

17.       I51 Details of slab levels

 

18.       Prior to the commencement of the development details of the proposed foul and surface water drainage arrangements shall be submitted to and approved in writing by the local planning authority.  The approved scheme shall be implemented before the first use occupation of any of the building[s] hereby permitted.  In order to satisfy the condition the following information is required:

 

•           Results of infiltration testing at the location(s) and proposed depth(s) of any proposed infiltration structure(s), undertaken in accordance with BRE Digest 365 methodology.

•           Detailed drawings of proposed drainage layout, attenuation features and outfall structures.

•           Calculations to demonstrate that the proposed surface water drainage system has been designed to prevent the surcharging of any below ground drainage network elements in all events up to an including the 1 in 2 annual probability storm event.

•           Detailed drawing demonstrating the management of surface water runoff during events that may temporarily exceed the capacity of the drainage system up to and including the 1 in 100 year event with climate change.

•           Confirmation that the adoption and maintenance of the drainage systems has been agreed with the relevant authorities.

•           Demonstration that appropriate access is available to maintain drainage features.

•           Operational and maintenance manual for all proposed drainage features that are to be adopted and maintained by a third party management company.

•           Calculations to inform the assessment of the risk of water backing up the foul/surface water drainage system from any proposed outfall and how this risk will be managed without increasing flood risk to the site or to people, property and infrastructure elsewhere, noting that this also includes failure of flap valves.

 

            Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policies SD3 and SD4 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. 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.