Proposed erection of 8 bungalows.  Including 5 chalet type and construction of new access road.

Officers authorised to approve the application in accordance with the Case Officer’s recommendation, with amended conditions.

(Proposed erection of 8 bungalows.  Including 5 chalet type and construction of new access road.)

 

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

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. He added that Natural England had now confirmed that it had no objection to the application.

In accordance with the criteria for public speaking, Mr  M Wilson, of Bartestree and Lugwardine Parish Council spoke in opposition to the scheme.  Mr E Thomas, the applicant’s agent, spoke in support.

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

He made the following principal comments:

·        The site was outside the settlement boundary in the Parish’s Neighbourhood Development Plan.

·        The application site adjoined another site being developed by the applicant and had been referred to in correspondence as phase 2 of the development.   He was concerned that pursuing two smaller developments rather than one larger one avoided the obligation to provide affordable housing that would have attached to a larger development.

·        Access was onto a narrow country lane and the prospect of increased traffic was of concern to residents and parish councillors.

·        The proposal involved the loss of 120m of hedgerow. He was not convinced that translocation of the hedge, as proposed, was viable.

·        He sought assurance that the development on the site was not prevented by the recent judgments relating to development in the River Lugg catchment area.

·        He supported the views of residents and the Parish Council that the application should be refused.

·        Housing provision in the Parish had already exceeded the minimum housing target.

·        The proposal was contrary to NDP policy BL5 – housing in the open countryside and was also contrary to policy BL3 iv as it would not have a safe and suitable access.

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

·        There were no objections from statutory consultees.

·        The proposal abutted existing dwellings, fitted within the settlement and would contribute to its viability.

·        The provision of 8 bungalows as part of the development was to be welcomed.

·        In the absence of a five year housing land supply the location of the site adjacent to the settlement boundary weighed in the application’s favour.

·        It was important to recognise the historic environment.  The proposal would be to the detriment of a sunken lane on the western side of the site and its ancient linear bank.  This could have been avoided by an access to the bottom left of the site.  There was also an unregistered historic park and garden.

In response to questions the Lead Development Manager commented:

·        The local ward member’s reference to two phases of development and the avoidance of certain planning obligations as a consequence was addressed within the report at paragraphs 6.62-6.70.   The developer had completed the development of one plot of land and was now seeking to develop an adjoining plot.  He did not own the second plot, but had a contract to buy it.  The matter had been carefully considered and it had been concluded that there had been no deliberate attempt to avoid planning obligations.

·        The NDP was out of date as it was over 2 years old.  The Core Strategy policies therefore held sway and the proposal complied with policy RA2.  However, as a windfall site the proposal was also consistent with the NDP.

·        In response to reservations expressed about the feasibility of translocating the hedge he commented that there were examples of successful translocations within the County.  The proposal was governed by condition 14.  The applicant had made this offer, a new replacement hedge having originally been proposed.

·        In reply to the view that PV panels were essential to provide electricity for charging points and both should be a requirement, he commented that the proposed provision of PV panels would be reviewed at a later date when details were submitted, mindful of the need to consider the impact on external appearance of the buildings.  The applicant’s stated intention was to avoid a visual impact.

·        There would be no public access to the area of restored grassland to the north of the site, to be provided in mitigation for the loss of meadowland.  The Parish Council had not wished to consider this option.  A management company would be responsible for maintenance of the site.  This was covered by condition.

·        The request that the Committee consider the application prior to the conclusion of the public consultation was a little unusual but not unprecedented.  In this case the consultation period had exceeded 28 days.  The closing date was 12 December.  It had been considered appropriate to submit the application to the Committee rather than delay consideration.  The recommendation provided for any further responses received before the closing date to be considered.

·        Air source heat pumps were relatively new hence the need to assess their feasibility.  Their provision was governed by building regulations rather than the planning process.

The Lead Development Manager commented in conclusion that the housing targets in the Core Strategy were minimum numbers.  The council lacked a five year housing land supply.  The development met a need. The council had defended appeals against refusal of some sites within the parish on the grounds that they would represent over development. However, the application before the Committee represented organic growth and included the provision of bungalows.

The local ward member was given the opportunity to close the debate.  He commented that it was to be regretted that the NDP was currently out of date.

Councillor Hunt proposed and Councillor James seconded a motion that the application be approved in accordance with the printed recommendation with additional and revised conditions as set out in the update sheet.  The motion was carried unanimously with 12 votes in favour, none against and no abstentions.

RESOLVED:  That subject to no further objections raising additional material planning considerations being received by the end of the consultation period 12th December 2019, the officers named in the Scheme of Delegation to Officers be authorised to approve the application subject to the following conditions and any further conditions considered necessary by officers.

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

            Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990    

2          The development shall be carried out strictly in accordance with the following approved plans, Drawing Numbers:

1260-20, Rev C – Location & Block Plan

1260-21 – Plots 1-3

1260-22 – Plot 4

1260-24 – Plot 5

1260-23 – Plots 6-8

            except where otherwise stipulated by conditions attached to this permission.

            Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

3          With the exception of any site clearance and groundwork, no further development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

            Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

4          The ecological protection, mitigation, compensation and working methods scheme including the Biodiversity net gain enhancements, as recommended in the ecology reports by James Johnston Ecology dated August 2019 and Andrew Hall dated June 2019 shall be implemented and hereafter maintained in full as stated unless otherwise approved in writing by the local planning authority. No external lighting should illuminate any boundary feature, adjacent habitat or area around the approved mitigation or any biodiversity net gain enhancement features.

 

            Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), the Habitats & Species Regulations 2018 (as amended), Policy LD2 of the Herefordshire Core Strategy, National Planning Policy Framework (2019) and NERC Act 2006.

5          All foul water shall discharge through a connection to the local (Hereford - Eign sewage treatment works) Mains Sewer network; and all surface water managed through onsite sustainable drainage scheme; unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In order to comply with Habitat Regulations (2018), National Planning Policy Framework (2019), NERC Act (2006) and Herefordshire Council Local Plan - Core Strategy (2011-2031) policies LD2, SD3 and SD4.

6          Before any other works hereby approved are commenced, visibility splays, and any associated set back splays at 45 degree angles shall be provided from a point 0.6 metres above ground level at the centre of the access to the application site and 2.4 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 90 metres in each direction along the nearside edge of the adjoining carriageway.  Nothing shall be planted, placed, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.

            Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of the Herefordshire Local Plan – Core Strategy (2011-2031), Policies BL3 & BL13 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

7          The construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

            Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of the Herefordshire Local Plan – Core Strategy (2011-2031), Policies BL3 & BL13 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

8          Prior to the first occupation of any of the dwellings to which this permission relates an area for car parking shall be laid out within the curtilage of that property, in accordance with the approved plans which shall be properly consolidated, surfaced and drained, in accordance with details to be submitted to and approved in writing by the local planning authority and those areas shall not thereafter be used for any other purpose than the parking of vehicles.

            Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform to the requirements of Policy MT1 of the Herefordshire Local Plan – Core Strategy (2011-2031), Policies BL3 & BL13 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

9          Development shall not begin in relation to any of the specified highways works until details of the highways access works have been submitted to and approved by the local planning authority. The development shall not be occupied until the scheme has been constructed in accordance with the approved details.

 

            Reason: To ensure the safe and free flow of traffic on the highway and to conform to the requirements of Policy MT1 of the Herefordshire Local Plan – Core Strategy (2011-2031), Policies BL3 & BL13 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

10        Development shall not begin until details and location of the following have been submitted to and approved in writing by the local planning authority, and which shall be operated and maintained during construction of the development hereby approved:

-           A method for ensuring mud is not deposited onto the Public Highway

-           Construction traffic access location

-           Parking for site operatives

-           Construction Traffic Management Plan

            Construction working hours

            The development shall be carried out in accordance with the approved details for the duration of the construction of the development.

            Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy (2011-2031), Policies BL3 & BL13 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

11        The development hereby permitted shall not be brought into use until the access, turning area and parking facilities shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the local planning authority and these areas shall thereafter be retained and kept available for those uses at all times.

            Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy (2011-2031), Policies BL3 & BL13 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

12        With the exception of site clearance and ground works, no development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented before the first use occupation of any dwelling hereby approved.

            Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal and to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

13        Prior to the first occupation of any of the residential development hereby permitted written evidence / certification demonstrating that water conservation and efficiency measures to achieve the ‘Housing – Optional Technical Standards – Water efficiency standards’ (i.e. currently a maximum of 110 litres per person per day) for water consumption as a minimum have been installed / implemented shall be submitted to the Local Planning Authority for their written approval. The development shall not be first occupied until the Local Planning Authority have confirmed in writing receipt of the aforementioned evidence and their satisfaction with the submitted documentation. Thereafter those water conservation and efficiency measures shall be maintained for the lifetime of the development.

            Reason: To ensure water conservation and efficiency measures are secured, in accordance with policy SD3 (6) of the Herefordshire Local Plan – Core Strategy (2011-2031), Policy BL1 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

14        With the exception of site clearance and groundworks, no further development shall commence until a biodiversity enhancement plan and landscape scheme shall be submitted and approved in writing by the local planning authority.  This biodiversity enhancement plan and landscaping scheme must include the provision of the landscape buffer area and all land within the red line to the north of said buffer (up to the watercourse), as indicated on Dwg. No. 1260-20 Rev C (& as indicatively illustrated on Fig.02 ‘Proposed landscape scheme’). The plan/scheme shall include a scaled topographic plan identifying:

 

a)     A plan showing the existing and proposed finished levels (or contours), specifically including the grading of the bank that adjoins the public highway and forms part of the visibility splays.

b)     Trees and hedgerow to be retained, setting out measures for their protection during construction, in accordance with BS5837:2012.

c)     Trees and hedgerow to be relocated or translocated, including the provision for replacement planting in the event that any relocation/translocation does not succeed.

d)     Trees and hedgerow to be removed.

e)     An ecological enhancement scheme providing for lowland meadow priority grassland, wood pasture and traditional orchard. Including all proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details and the specification of the grass and wildflower seed mix for the whole area. For clarity, all fruit tree planting shall utilise ‘standard’ trees grown on fully vigorous or ‘seedling’ rootstocks relevant to the fruit type and be managed such as to create a Traditional ‘standard’ Orchard at maturity.

f)      All proposed hardstanding and boundary treatment.

g)     An implementation programme

 

            Reason:  To safeguard and enhance the biodiversity, character and amenity of the area in order to conform with policies SS6, LD1, LD2 and LD3 of the Herefordshire Local Plan – Core Strategy (2011-2031), Policy BL1 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

15        The hard and soft landscape works shall be carried out in accordance with the approved details before any part of the development is first occupied into use in accordance with the agreed implementation programme. The completed scheme shall be managed and /or maintained in accordance with an approved scheme of management and/ or maintenance.

            Reason: To ensure implementation according to the biodiversity enhancement, hard and soft landscape works plan agreed with local planning authority and in order to conform with policies SS6, LD1, LD2 and LD3 of the Herefordshire Local Plan – Core Strategy (2011-2031), Policy BL1 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

16        Before the is first dwelling is occupied or brought into use, a schedule of maintenance for the biodiversity enhancement and landscaping scheme (required by conditions 14 & 15) for a period of thirty years, shall be submitted to and approved in writing by the local planning authority. Maintenance shall be carried out in accordance with this approved schedule and the biodiversity enhancements and landscaping scheme retained in perpetuity.

            Reason: To ensure the establishment and benefits of the approved biodiversity enhancement plan and landscaping scheme are secured, so the mitigation is considered to be a biodiversity enhancement of the area. In order to conform with policies SS6, LD1, LD2 and LD3 of the Herefordshire Local Plan – Core Strategy (2011-2031), Policy BL1 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

17        With the exception of ground works and site clearance, a detailed specification and plan for the surfacing of the public right of way which crosses the site and the footpath link (as indicated on dwg. No. 1260-20 Rev C), for a width of at least 2 metres shall be provided to and agreed in writing by the Local Planning Authority.  The surfacing and works to the public right of way and footpath link shall be completed and confirmed in writing to the Local Planning Authority, prior to the occupation of the fourth dwelling on the development.

            Reason: To ensure the Public Right of Way and footpath link is surfaced to a satisfactory standard. In order to conform with policies MT1 of the Herefordshire Local Plan – Core Strategy (2011-2031), Policy BL13 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

18        Details of any external lighting proposed to illuminate the development shall be submitted to and approved in writing by the local planning authority prior to the installation of said lighting. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development.

            Reason: To safeguard local amenities and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy, Policy BL1 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework

19        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 Classes A, B, C & E of Part 6 and of Schedule 2, shall be carried out.

 

            Reason:  To safeguard the biodiversity enhancements and landscaping scheme secured so the mitigation maybe considered a biodiversity enhancement of the area, as per the draft wording of the  in order to conform with policies SS6, LD1, LD2 and LD3 of the Herefordshire Local Plan – Core Strategy (2011-2031), Policy BL1 of the Bartestree with Lugwardine Neighbourhood Development Plan (2011-2031) and the provisions of the National Planning Policy Framework.

20.       With the exception of any site clearance, a scheme to enable the charging of plug in and other ultra-low emission vehicles (e.g provision of Electric Vehicle charging points within garaging, cabling and outside connection points) to serve the occupants of the dwellings hereby approved shall be submitted to and approved in writing by the local planning authority.

            Reason: To address the requirements policies in relation to climate change SS7 and SD1 of the Herefordshire Local Plan Core Strategy and the guidance contained within the National Planning Policy Framework.

INFORMATIVES:

1.         IP2  Application Approved Following Revisions

2.         The developer should be aware that a 3inch watermain may cross the application site and the watermain may need to be diverted under Section 185 of the Water Industry Act 1991, the cost of which will be re-charged to the developer. The developer must consult Dwr Cymru Welsh Water before any development commences on site.

3.         I11 Application Approved Following Revisions

4.         I45 Works within the highway

5.         I05 No drainage to discharge to highway

6.         I43 Protection of visibility splays on private land

7.         I35 Highways Design Guide and Specification

8.         In regard to condition 12 which relates to the provision of a surface water drainage strategy, the Local Planning Authority anticipates that the following details need be provided as part of an acceptable drainage scheme:

•           Provision of a detailed drainage strategy that demonstrates that opportunities for the use of SUDS features have been maximised, where possible, including use of infiltration techniques and on-ground conveyance and storage features;

•           A detailed surface water drainage strategy with supporting calculations that demonstrates there will be no surface water flooding up to the 1 in 30 year event, and no increased risk of flooding as a result of development between the 1 in 1 year event and up to the 1 in 100 year event and allowing for the potential effects of climate change;

•           Evidence that the Applicant is providing sufficient on-site attenuation storage to ensure that site-generated surface water runoff is controlled and limited to agreed discharge rates for all storm events up to and including the 1 in 100 year rainfall event, with an appropriate increase in rainfall intensity to allow for the effects of future climate change;

•           Evidence that the Applicant is providing sufficient storage and appropriate flow controls to manage additional runoff volume from the development, demonstrated for the 1 in 100 year event (6 hour storm) with an appropriate increase in rainfall intensity to allow for the effects of future climate change;

•           Results of infiltration testing undertaken in accordance with BRE365 and confirmation of groundwater levels to demonstrate that the invert level of any soakaways or unlined attenuation features can be located a minimum of 1m above groundwater levels in accordance with Standing Advice.