Application for approval of reserved matters following outline permission 161771 (site for proposed replacement of a fire destroyed dwelling plus the erection of 2 dwellings (total 3 dwellings)).

The application was approved in accordance with the Case Officer’s recommendation subject to amended conditions.

(Application for approval of reserved matters following outline permission 161771 (site for proposed replacement of a fire destroyed dwelling plus the erection of 2 dwellings (total 3 dwellings)).

The Senior Planning Officer 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.

Outline planning permission had been granted in 2016.  A reserved matters application had been refused.  Both these decisions had been made under delegated powers.  An appeal against refusal of the reserved matters application had been dismissed.  A further reserved matters application was now before the Committee.

In accordance with the criteria for public speaking, Mrs M Bowen spoke on behalf of Orcop Parish Council in opposition to the Scheme.  Mr M Shaw, a local resident, spoke in objection.  Dr C Down, the applicant’s agent, spoke in support.

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

He made the following principal comments:

·        There were almost 40 local objections.

·        The area was known for poor drainage and the issue of smells around the Copy Well was discussed at almost every Parish Council meeting.   The Committee had refused a recent application at Newcastle Farm nearby principally because of drainage issues.

·        The development would affect the visual amenity of residents of Wilkes Row given the rooflines.

·        A development of three houses was too large.

·        Several water sources were within 50m of the proposed filtration systems: a well in the garden of Lark House, Copy Well and a spring in the Grounds of Bramble Cottage.  This was contrary to the advice of Natural England in its response set out at section 4.1 of the report.

·        The size of the development would overload drainage capacity.

·        He detailed a number of criticisms that had been made about the drainage engineer’s report, as reflected in the schedule of updates, questioning whether the testing that had been conducted complied with standards and Regulations.  In conclusion, there were serious concerns in Orcop about pollution, smells and health risks. Further rigorous tests should be undertaken before any approval was considered.

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

·        The principle of the development had been established with outline permission having been granted.

·        The drainage issues were a concern.  It was important to ensure that the tests had been carried out properly.

The Development Manager confirmed that no condition had been attached to the outline permission requiring a foul and surface water drainage scheme and that it was not a reserved matter.  It was not one of the matters the Inspector had considered when determining the earlier application.  Having regard to the reasons for the Committee’s refusal of the Newcastle Farm application on 15 May 2018, additional information on drainage issues had been sought, in conjunction with the applicant, going beyond the applicant obligations in terms of the type of application submitted and this had been supplemented by advice from the council’s drainage consultants.

·        It was suggested that the application should be refused on drainage grounds and because of the proposal’s contrast with the character and appearance of the area.  This reflected the inspector’s summary on the appeal against the previous reserved matters application, as set out at paragraph 6.1 of the report that it was contrary to policies LD1 and SD1.

·        It was observed that officers had stated in the report at paragraph 6.19 that, noting the Inspector’s comments they were content that the scale of the development in terms of proportions of the dwellings themselves was acceptable in accordance with policies LD1 and SD1 in particular.

The Development Manager commented that whilst it was clear there were still some concerns about the scale and impact of the proposal officers had made clear their perspective in recommending approval.  He drew attention to condition 11 relating to drainage and sought clarification as to whether this provided sufficient assurance to address Members’ concerns on this aspect.

The local ward member was given the opportunity to close the debate.  He reiterated the importance of ensuring that drainage solutions in Orcop and other rural villages were robust.  This issue was of great concern to local residents.

In response to Members concerns about the drainage issues the Development Manager suggested that condition 11 could be amended requiring this to be discharged prior to commencement and that there could be consultation with the local ward member on the proposals.

Councillor Baker proposed and Councillor Greenow seconded a motion that the application be approved in accordance with the printed recommendation with an amended condition 10 as set out in the update sheet, subject to the discharge of condition 11 to be prior to commencement subject to consultation with the local ward member.  The motion was carried with 11 votes in favour, 3 against and no abstentions.

RESOLVED:  That planning permission be granted subject to the conditions below and any other further conditions considered necessary by officers named in the scheme of delegation to officers, with the discharge of condition 11 to be prior to commencement subject to consultation with the local ward member:

1.         C07 Development in accordance with approved plans and materials

2          C13 Samples of external materials

3          C96 Landscaping scheme (including retaining wall and boundary treatments between plots)

4          C97 Landscaping implementation

5.         CAB Visibility splays

6.         CAE Vehicular access construction

7          CAH Driveway gradient

8.         CAL Access, turning and parking area

9.         CB2 Cycle storage

10.       Notwithstanding the additional details required by condition 11 below, the drainage arrangements shall include the use of individual private treatment plants for foul water with drainage fields and surface water using storm water soakaways.

            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.

11.       Prior to commencement of development additional details in relation to 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 occupation of any of the buildings hereby permitted. The information shall include the following:

•           The sole ownership of the land of the surface water soakaway for plot 1

•           The ownership and maintenance arrangements of the two ACO drains along the driveway

•           A topographical drawing to indicate the use of a gravity fed foul water drainage system

            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. 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. 

(Councillor Hardwick (Vice-Chairperson) in the chair.)