Demolition of existing buildings, structures and hardstanding and erection of 45 dwellings (including affordable housing) and drainage attenuation, open space and associated landscaping and infrastructure works (amended layout).

The application was approved in accordance with the Case Officer’s recommendation with additions set out in the committee update.

(Demolition of existing buildings, structures and hardstanding and erection of 45 dwellings (including affordable housing) and drainage attenuation, open space and associated landscaping and infrastructure works (amended layout).

 

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.

In accordance with the criteria for public speaking, Mr R Page, of Bromyard and Winslow Town Council spoke in opposition to the Scheme.  Mrs I Sinclair, a local resident, spoke in objection.  The Chairman read out a statement from Mr A Jones, Chairman of Governors of Queen Elizabeth High School Bromyard in support of the application.

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

He made the following principal comments:

·        The site should be viewed as a windfall site because it was not identified for housing in the Core Strategy, although it had been identified as such in the former Unitary Development Plan.

Benefits

·        The development would provide additional pupils for Queen Elizabeth High School.

·        It would contribute to the housing shortfall arising from problems in developing the strategic housing sites identified for Bromyard.

Disbenefits

·        The proposal was contrary to core strategy policy BY1 which provided for around 5 hectares of employment land to come forward during the plan period.  The site would be suitable for development for employment purposes and would provide one third of that land area.  It was questionable whether the land should be disposed of for housing prior to the preparation of the Bromyard Development Plan.

·        He questioned the sustainability of the site in the absence of employment land provision given that occupiers would have to commute to find employment and would be reliant on private transport.  This would also have an effect on the demographic of people who would seek to live there, with a majority potentially being of retirement age placing additional pressure on the primary care service.

·        He referred to the submission from Nunwell GPs surgery included in the committee update quoting paragraph 2 which stated that the surgery was at capacity and that, “any increase in patient numbers will put our service under considerable strain and possibly affect the quality of care we are able to provide.”

·        He considered overall that the adverse effects would significantly and demonstrably outweigh the benefits.  Without the provision of employment land he considered there was a risk to the health and wellbeing of some Bromyard residents.

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

·        In response to comments about the need for employment land in Bromyard the Development Manager referred to the comments of the Economic Development Manager as set out in the report that the Council had received very few enquiries for employment land and/or units in Bromyard within the last 2 years.  He added that the law required local planning authorities to keep a register of previously developed land that was suitable for housing, not for previously developed sites that could be used for employment purposes.  The Bromyard Development Plan would assess the need for employment land.  However, the Plan was not at an advanced stage and the application therefore had to be considered as it stood.

·        The site was a brownfield site, suitable for housing development. The proposal offered a good housing mix and the density was reasonable.

·        The speed limit on the road alongside was 30mph and the provision of two uncontrolled pedestrian crossings would help to reduce speeds.

·        It was noted that the Town Council opposed the proposal.

·        Welsh Water had expressed concerns.

·        In relation to the future management of the public open space the Development Manager reported that this would be funded by contributions from each of the occupiers of the open market properties.

·        The Development Manager also expanded on the concerns about the suitability of the site for employment purposes.  The proximity to neighbouring dwellings would limit the type of employment use and there was considered to be low demand in Bromyard for the use that would be considered acceptable on the site.

The Lead Development Manager drew attention to the legal provisions meaning that a section 106 agreement could not be entered into and how financial contributions as set out in the draft S106 agreement attached to the report would be secured.  Further clarification on this point was provided by the legal adviser to the Committee.s

The local ward member was given the opportunity to close the debate.  He questioned how the application could be approved in the absence of the Bromyard Development Plan.  He agreed that there would be significant objections to some types of employment use on the site.  However, as things stood he remained of the view that the application was contrary to policy BY1.  He also remained concern about the additional pressure that would be placed on primary care services.  Additional provision for primary care services was required.

Councillor Baker proposed and Councillor Edwards seconded a motion that the application be approved in accordance with the printed recommendation with the additional conditions as set out in the update sheet.  The motion was carried with 11 votes in favour, 2 against and 1 abstention.

RESOLVED: That officers named in the Scheme of Delegation to Officers are authorised to grant planning permission subject to the conditions below and any other further conditions considered necessary by officers:

 

1.         C01 Time limit for commencement (full permission)      

 

2.         C08 Amended plans

 

3.         C13 Samples of external materials

 

4.         With the exception of site clearance, to include removal of the existing built development and hardstanding upon the site, no further 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 so as to comply with Herefordshire Local Plan – Core Strategy Policies SD3 and SD4.

 

5.         With the exception of site clearance, to include removal of the existing built development and hardstanding upon the site, no further development shall take place until a potable water scheme to serve the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall demonstrate that the existing water supply network can suitably accommodate the proposed development site. If necessary a scheme to upgrade the existing public water supply network in order to accommodate the site shall be delivered prior to the occupation of any of the dwellings hereby permitted. Thereafter, the agreed scheme shall be constructed in full and remain in perpetuity.

 

            Reason: To ensure the site is served by a suitable potable water supply.

 

6.         Prior to the first occupation of any of plots 6, 7 and 8 (as identified on the approved plan drawing Site Plan D01 Rev AG), full details of the design and specification of the ball stop mitigation, including details of management and maintenance responsibilities, as set out in the revised Labosport Cricket Boundary Assessment dated 22nd November 2018 must have been submitted to and approved in writing by the Local Planning Authority after consultation with Sport England. The approved details shall be fully installed before any of plots 6, 7 and 8 are first occupied and thereafter be managed and maintained in accordance with the approved details.

 

            Reason:  To provide protection for the occupants of the development and their property from potential ball strike from the adjacent playing field, to reduce conflict between neighbours and therefore safeguard the sporting use of the adjacent sports facilities in accordance with paragraph 182 of the National Planning Policy Framework 2018.

 

7.         In respect of those dwellings that face the A465 Hereford Road (plots 29-38 inclusive as identified on the approved plan drawing ‘Site Plan D01 Rev AG), the mitigation proposed in the noise report by John Waring dated 2nd November 2018 shall be implemented in full.

 

            Reason:  In order to ensure that a satisfactory level of noise attenuation is provided at the dwellings affected so as to comply with Herefordshire Local Plan – Core Strategy Policy SD1.

 

8.         C96 Landscaping scheme

 

9.         C97 Landscaping implementation and management plan.

 

10.       With the exception of site clearance, to include removal of the existing built development and hardstanding upon the site, no further development shall commence until the following details have been submitted to and approved in writing by the Local Planning Authority.  The approved scheme shall be implemented in accordance with the approved details in accordance with a timetable to be agreed in writing with the Local Planning Authority. 

 

•           Greenfield runoff rates and detailed drainage calculations, including storage calculations that are based on the 2013 FEH rainfall data.

•           Updated calculations of existing and proposed runoff rates and attenuation volume for the proposed development using correct impermeable areas.

•           Amended 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.

•           Amended calculations to demonstrate that the proposed surface water management system will prevent any flooding of the site in all events up to an including the 1 in 30 annual probability storm event.

•           Detailed drawings of the proposed drainage system including details of proposed attenuation structures and flow controls.

•           Confirmation of the proposal to abandon and make safe the existing cesspit and redirect flows from the neighbouring property into the proposed drainage system.  Note that it is expected that consultation will be undertaken with the Environment Agency regarding the need to remove the cesspit and remediate potentially harmful contamination.

•           Detailed drawing demonstrating the management of surface water runoff during events that may temporarily exceed the capacity of the drainage system.

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

                        Reason:  To ensure the site is drained in a manner that complies with Herefordshire Local Plan – Core Strategy Policies SD3 and SD4.

 

11.       With the exception of any site clearance and groundwork (site clearance and groundwork excludes any works to retained features), no further development shall commence until details of the play area within the public open space (including equipment, surfacing, landscaping, means of enclosure and provision of seating and litter bins) has been submitted to and approved in writing by the Local Planning Authority.  The play area shall be constructed in accordance with the approved details and thereafter retained prior to the first occupation of any of the dwellings hereby approved.

 

            Reason: In order to comply with the requirements of Policies OS1 and OS2 of the Herefordshire Local Plan – Core Strategy.

 

12.       With the exception of site clearance, to include removal of the existing built development and hardstanding upon the site, no further development shall commence until the council has approved in writing a Management Company Plan that sets out the long term management and maintenance of the Open Space Facilities; the establishment of a Management Company; the freehold transfer of the Open Space Facilities to the Management Company and the recovery by that Management Company of service charge contributions from the owners of the Open Market Units towards the upkeep and permanent maintenance of the Open Space Facilities. The approved Management Company Plan shall be implemented prior to the first occupation of any of the dwellings hereby approved and retained thereafter.

 

            Reason: In order to comply with the requirements of Policies OS1 and OS2 of the Herefordshire Local Plan – Core Strategy.

 

13.       CAB Visibility at the main junction 2.4m x 111m (north)  and 148m (south)

                                   

14.       Visibility splays of 1.5m x 109m to the north and 1.5m x 100m to the south shall be provided on both sides of the carriageway for the pedestrian crossing point to the north-east of the vehicular access into the site, as identified on the approved site plan drawing D01 Rev AG.  The crossing shall be installed prior to the first occupation of any of the dwellings hereby approved.

 

            Reason: In order to ensure satisfactory pedestrian crossing facilities in order to promote sustainable transport modes in accordance with Herefordshire Local Plan – Core Strategy Policy MT1.

 

15.       Visibility splays of 1.5m x 76m to the north and 1.5m x 53m to the south shall be provided on both sides of the carriageway for the pedestrian crossing point to the south-west of the vehicular access into the site, as identified on the approved site plan drawing D01 Rev AG.  The crossing shall be installed prior to the first occupation of any of the dwellings hereby approved.

 

            Reason:  In order to ensure satisfactory pedestrian crossing facilities in order to promote sustainable transport modes in accordance with Herefordshire Local Plan – Core Strategy Policy MT1.

 

 

16.       CAP S278 works including Road Safety Audit 2, 3 and 4

 

17.       With the exception of site clearance, to include removal of the existing built development and hardstanding upon the site, no further development shall take place until a detailed scheme for the pedestrian/cycle link to the Queen Elizabeth High School has been submitted to and approved in writing by the Local Planning Authority.  The pedestrian/cycle link shall thereafter be installed in accordance with the approved details in accordance with a timetable to be agreed with the Local Planning Authority.

 

18.       CAL Access, turning area and parking

 

19.       CAS Road completion (2 years)

 

20.       CAT Wheel washing

 

21.       CAZ Parking for site operatives

 

22.       CB2 Secure, covered cycle parking provision

 

23.       With the exception of site clearance, to include removal of the existing built development and hardstanding upon the site, no further development shall take place until a detailed habitat enhancement scheme, based on the indicative measures proposed in the ecology report by Ecus consultancy dated April 2018, has been submitted to and approved in writing by the local planning authority, and the scheme shall be implemented and hereafter maintained as approved.

 

            Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 2017 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework 2018, NERC Act 2006.

 

24.       With the exception of site clearance, to include removal of the existing built development and hardstanding upon the site, no further development shall take place until a scheme comprising the following has been submitted to and approved in writing by the Local Planning Authority:-

 

a)         A scheme promoting the recycling of food and garden waste;

b)         A requirement to meet the water conservation and efficiency measures outlined in Policy SD3;

c)         A scheme to examine the feasibility of making provision for electric car charging points within the development.

 

            The schemes approved shall be implemented in full and in the case of a) and c) in accordance with a timetable to be agreed in writing with the Local Planning Authority.

 

25.       The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in the National Planning Policy Framework July 2018 or any document that replaces it. The scheme shall include:

 

(i)         The numbers, type and tenure on the site of the affordable housing provision to be made which shall consist of not less than 40% of housing units

(ii)        The timing of the construction of the affordable housing and its phasing in relation to the occupancy of market housing

(iii)       The arrangements for the transfer of the affordable housing to an affordable housing provider (or for the management of the affordable housing if no registered provider is involved)

(iv)       The arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing, or for the subsidy to be recycled for an alternative affordable housing provision; and

(v)        The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced

 

            Reason:  To ensure the provision of affordable housing in accordance with Herefordshire Local Plan – Core Strategy Policy H1.

 

26.       No development shall take place until evidence has been submitted to and approved by the local planning authority demonstrating to its satisfaction that suitable arrangements have been made for the provision of;

 

•           enhanced educational infrastructure at St Peters Primary School;

•           sustainable transport infrastructure to serve the development, comprising

a)         Traffic Regulation Order to extend the 40mph speed limit beyond Panniers Lane;

b)         the provision of dropped crossings and pedestrian refuge to facilitate access to the school on the A465;

c)         the extension of the footway towards Panniers Lane with dropped crossings and pedestrian refuge to facilitate access to local facilities including the Hope Family Centre; and

d)         the provision of new bus infrastructure

 

•           waste and recycling bins

•           sports facilities

•           primary and community healthcare services in Bromyard

•           the provision of healthcare services at Hereford County Hospital

            Reason: To ensure that suitable mitigation is provided in respect of the effects of the development on local infrastructure. 

 

27.       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 other than those expressly authorised by this permission shall be constructed in the south-east facing flank elevation of plot 1 – as identified on the approved site plan drawing D01 Rev AG.

 

            Reason: In order to protect the residential amenity of adjacent properties and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy.

 

28.       Notwithstanding the provisions of article 3(1) and Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking or re-enacting that Order with or without modification), no development which would otherwise be permitted under Class B of Part 1 to Schedule 2 (additions etc to the roof of a dwellinghouse), shall be carried out at any of the plots numbered 8 to 17 inclusive on the approved site plan drawing D01 Rev AG.

 

            Reason: For new houses - In order to protect the character and amenity of the locality, to maintain the amenities of adjoining property and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy [and the National Planning Policy Framework].

 

29.       CBK Hours of work

 

30.       CCK Details of slab levels

 

31.       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 shall be submitted in writing.  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.

 

32.       The Remediation Scheme, as approved pursuant to condition no. (1) 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 and agreed in writing 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.

 

33.       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.

 

Technical notes about the condition

 

1.         I would also mention that the assessment is required to be undertaken in accordance with good practice guidance and needs to be carried out by a suitably competent person as defined within the National Planning Policy Framework 2018.

 

2.         And as a final technical point, we require all investigations of potentially contaminated sites to undertake asbestos sampling and analysis as a matter of routine and this should be included with any submission.

 

INFORMATIVES:

 

1.         IP1

 

2.         S106

 

4.         I07

 

5.         I08

 

6.         I09

 

(The meeting adjourned between 11.12 and 11.25am.)