Outline planning permission for proposed erection of up to 50 dwellings (including 35% affordable), planting and landscaping, informal open space, vehicular access point from pepper plock ley and associated ancillary works. All matters to be reserved with the exception of the main vehicular site access.

The application was approved in accordance with the Case Officer’s recommendation with amended conditions as set out in the Committee update.

(181050 - Outline planning permission for proposed erection of up to 50 dwellings (including 35% affordable), planting and landscaping, informal open space, vehicular access point from Pepper Plock Ley and associated ancillary works. All matters to be reserved with the exception of the main vehicular site access.)

 

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 B Bloxsome, of Weobley Parish Council spoke in opposition to the Scheme.  Mr R Best, a local resident, spoke in objection. 

 

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

 

He made the following principal comments:

·        He highlighted the concerns about existing traffic congestion which was particularly acute during school traffic in the morning and the afternoon, noting that a neighbouring development was also not yet completed and fully occupied.

·        Four consultees: Historic England, Conservation Manager (Historic Buildings) the Parish Council and the Woodland Trust objected to the proposal.

·        The land was historically sensitive and an important asset for the village.

·        A number of late amendments had been made to the scheme.  Even though an outline application the scheme was not sufficiently developed.  The application should be refused, or consideration of it deferred, as the Parish Council had requested,  to allow the Parish Council to consider the latest changes and respond, as it had  and for account to be taken of objections from key consultees.

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

·        The Development Manager clarified with reference to paragraph 4.14 b of the report that the Neighbourhood Development Plan was at Regulation 14 stage and Herefordshire Council had not had sight of the representations received by the Parish Council nor yet received the documentation at the Regulation 15 stage.

·        The site was outside the current and proposed settlement boundary in the NDP.  In response to a view that consideration of the application should be deferred pending progress on the NDP. Officers advised that this would not be appropriate.  There could be no certainty as to when the NDP documents would be submitted at Regulation 15 stage to progress the NDP.  Currently the plan carried limited weight and the application should be determined on that basis.  To defer the application would risk an appeal on the grounds of non-determination and the award of costs against the authority and would be ultra vires.

·        The application was a natural extension of the village. 

·        There was good access to the village by a footpath and to the school.  Improvements to the footpaths would be important to assist with sustainability.

·        Improvements were planned to facilitate school buses turning.  The generation of school traffic was not an uncommon feature.

·        It was suggested that at the reserved matters stage it would be helpful if consideration could be given to additional parking provision, noting the application was for up to 50 dwellings.  The potential for funding for improvements to the narrow stretch of Burton Wood road should also be explored.

·        People would have to travel to find employment, generating traffic.  The increasing traffic in an historic and important conservation area was reaching a level that risked destroying its qualities.

·        There were some 124 letters of objection.  The Parish Council had made a series of objections and Historic England, and the Conservation Manager (Historic Buildings) had objected emphasising the distinctive character of the village and the adverse impact of the development.  The proposed growth was not proportionate, contrary to the draft NDP, and would exceed the allocated housing growth target.  The proposal represented a detrimental overdevelopment of the village.

The Development Manager confirmed that the proportionate growth target was not a maximum figure.  If the Committee was minded to refuse the proposal it would have to demonstrate that significant harm would arise as a consequence of exceeding the target.  Providing additional parking for the school on the site could not be conditioned but an informative note could be included.  Having regard to the concerns expressed about traffic, a condition could be added to control delivery times of materials during construction.

The Lead Development Manager reiterated that the NDP could only be afforded limited weight at the moment. Weobley was one of the larger villages and the proposed growth above the allocated housing growth target could be considered acceptable.  Further growth might be viewed less favourably.  The completion of the NDP would be valuable in this regard.

The local ward member was given the opportunity to close the debate. He reiterated his concerns about the amount of traffic that the totality of developments in Weobley would generate and that the proposed measures would not provide mitigation. Regard should be had to the local concerns about the development that had been expressed.

Councillor Baker proposed and Councillor Edwards seconded a motion that the application be approved in accordance with the printed recommendation with an additional condition regarding delivery of materials and an informative regarding parking provision.  The motion was carried with 8 votes in favour, 6 against and 0 abstentions.

RESOLVED: That subject to the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement in accordance with the Heads of Terms stated in the report 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:

 

1.         A02 - Time limit for submission of reserved matters (outline permission) – all matters apart from access

           

2.         A03 - Time limit for commencement (outline permission)

 

3.         A04 - Approval of reserved matters

 

4.         B01 - Development in accordance with 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.

 

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.         The recommendations for species mitigation and habitat enhancements set out in Section 5 of the ecologist’s report from fpcr dated July 2018 should be followed unless otherwise agreed in writing by the local planning authority.  A detailed habitat enhancement plan integrated with the landscape scheme should be submitted to the local planning authority in writing.  The plan 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 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 with 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.

 

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 and to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

8.         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.

 

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

 

10.       G10 Landscaping scheme

 

11.       G11 Landscaping scheme – implementation

 

12.       G14 Landscape management plan

 

13.       H06 Vehicular access construction

 

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

 

15.       H17 Junction improvement/off site works

 

16.       H18 On site roads - submission of details

 

17.       H31 Outline Travel Plan

 

18        I16 Restrictions on hours of construction and delivery

 

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.         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

 

3.         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

 

            Our response is based on the information provided by your application. Should the proposal alter during the course of the application process we kindly request that we are re-consulted and reserve the right to make new representation. If you have any queries please contact the undersigned on 0800 917 2652 or via email at developer.services@dwrcymru.com. Please quote our reference number in all communications and correspondence.

 

4.         HN02 Public rights of way affected

 

5.         HN08 Section 38 Agreement & Drainage details

 

6.         HN07 Section 278 Agreement

 

7.         HN28 Highways Design Guide and Specification

 

8.         HN26 Travel Plans

 

9          The reserved matters application should consider the provision of parking facilities for the schools.