200755 - LAND OPPOSITE MILL HOUSE FARM, FOWNHOPE, HEREFORDSHIRE
Proposed attenuation pond as part of the proposed surface water management strategy for extent planning permission ref 163707 for 15 houses on adjoining land.
The Committee approved the application in accordance with the Case Officer’s recommendation.
(Proposed attenuation pond as part of the proposed surface water management strategy for extent planning permission ref 163707 for 15 houses on adjoining land.)
(Councillor Bowen fulfilled the role of local ward member and accordingly had no vote on this application.)
The Principal 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.
In accordance with the criteria for public speaking for virtual meetings Mr P Daines, a local resident, submitted a written submission in objection to the application on behalf of himself and his neighbours. This was read to the meeting by the legal adviser to the Committee. Mr J Spreckley, the applicant’s agent, spoke in support of the application as a virtual attendee.
Councillor Bowen fulfilled the role of local ward member for this application. In accordance with the Council’s Constitution, he spoke on the application. He supported it.
The Committee indicated its broad support for the application noting the technical nature of the application and that professional advice supported it.
Councillor Bowen was given the opportunity to close the debate. He reiterated his support for the application.
RESOLVED: That planning permission be granted subject to the following conditions and any further conditions considered necessary by officers named in the scheme of delegation to officers:
1. C01 - Time limit for commencement (full permission)
2. C06 - Development in accordance with the approved plans
The development shall be carried out strictly in accordance with the approved plans (drawing nos.1536.12, Dry Basin Cross Section, Dry Basin Site Plan, S649/02 Rev C (Proposed Surface Water Drainage Strategy), 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 Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy, policies FW1, FW2 and FW16 of the Fownhope Neighbourhood Development Plan and the National Planning Policy Framework.
3. Before any work, including any site clearance begins, equipment or materials moved on to site, a fully detailed Construction Environmental Management Plan (CEMP), with detailed ecological working methods, a fully detailed Tree and Hedgerow protection plan (based on BS5837:2012 – minimum 2 metre Root Protection Area for hedgerows), and clearly named ‘responsible person(s)’ shall be supplied to the local planning authority for written approval. The approved CEMP shall be implemented and remain in place until all work is complete on site and all equipment and spare materials have finally been removed.
Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), Wildlife & Countryside Act (1981), the National Planning Policy Framework, NERC Act (2006), Herefordshire Local Plan - Core Strategy (2015) policies SS6, LD2 and LD3 and Fownhope Neighbourhood Development Plan policies FW2 and FW5.
4. No development shall commence until a final version of the surface water drainage strategy, including details of additional gullies (above the 100 year + 40% climate change pond flood level) to intercept the water before it discharges onto the highway and confirmation of either Welsh Water’s adoption agreement or details of the future management arrangements for the approved surface water drainage scheme has been submitted to and approved in writing by the local planning authority, in liaison with Dwr Cymru Welsh Water's Network Development Consultant. The work shall be carried out in accordance with the approved scheme and shall be completed and ready for use prior to the first occupation of any of the approved dwellings (planning permission reference 163707/F).
Reason: In order to ensure that satisfactory drainage arrangements are provided for the proposed development, without an adverse impact to the environment, so as to comply with Policies SS6, LD2, SD3 and SD4 of the Herefordshire Local Plan – Core Strategy, policy FW3 of the Fownhope Neighbourhood Development Plan and the National Planning Policy Framework.
Pre-occupancy or other stage conditions
5. CK5 - Maintenance Plan
Before the development is first occupied or brought into use a schedule of landscape maintenance for a period of 3 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.
Reason: To ensure the future establishment of the approved scheme, in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy, policies FW2 and FW16 of the Fownhope Neighbourhood Development Plan and the National Planning Policy Framework.
Conditions relating to post occupancy monitoring and management
6. CAD - Access gates
Any new access gates/doors shall be set back 5 metres from the adjoining carriageway edge and shall be made to open inwards only.
Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy, policy FW27 of the Fownhope Neighbourhood Development Plan and the National Planning Policy Framework.
1. IP2 - Application Approved Following Revisions
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. I06 - Public rights of way affected
A public right of way crosses the site of this permission. The permission does not authorise the stopping up or diversion of the right of way. The right of way may be stopped up or diverted by Order under Section 257 of the Town and Country Planning Act 1990 provided that the Order is made before the development is carried out. If the right of way is obstructed before the Order is made, the Order cannot proceed until the obstruction is removed.
3. I11 - Mud on highway
It is an offence under Section 148 of the Highways Act 1980 to allow mud or other debris to be transmitted onto the public highway. The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.
4. I12 - Adjoining property rights
This permission does not imply any rights of entry to any adjoining property.
5. The applicant/developer’s attention is drawn to the siting of Dwr Cymru Welsh Water’s assets (public watermains – operational and non-operational) within the site (consultation response dated 6.7.2020 – plan included). These should be accurately located and a 3 metre easement either side of the centre line of each watermain shall be maintained. No land, highway or surface water shall communicate to the public sewer network.
6. Any waste produced as part of this development must be disposed of in accordance with all relevant waste management legislation. Where possible the production of waste from the development should be minimised and options for the reuse or recycling of any waste produced should be utilised.