Proposed erection of 5 no. Dwellings and associated works.

The application was approved in accordance with the Case Officer’s recommendation with an additional condition.

(Proposed erection of 5 no. Dwellings and associated works.)

 

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 reported that Natural England had confirmed they had no objection to the submitted Habitat Regulations Assessment (HRA) Appropriate Assessment.  The wording of the recommendation had been amended accordingly.  He confirmed an amendment to this wording in that the application was for full planning permission, not outline.  He also noted that Marden Parish Council had submitted a reviewed draft Neighbourhood Development Plan (NDP).  This was at Regulation 14 stage and could be afforded limited weight.

 

In accordance with the criteria for public speaking for virtual meetings the following spoke at the meeting as virtual attendees:  Mr R Lees of Marden Parish Council, who spoke in objection to the scheme, Mr M Britten, a local resident, speaking in objection; and Mr S Rhodes, the applicant, and Mr M Tompkins the applicant’s agent speaking in support of the application.

 

In accordance with the Council’s Constitution, the local ward member, Councillor Guthrie, spoke on the application.  She spoke in opposition to the application citing a number of policy grounds for refusal including provisions within the Marden Neighbourhood Development Plan (NDP).

 

The Committee discussed the application.

 

The Lead Development Manager clarified that two previous applications on the site that had been refused had been considered under the provisions of the former Unitary Development Plan to which the proposals were contrary. That Plan had now been superseded by the Core Strategy which identified Litmarsh as a location suitable for housing development. He reiterated that the Marden NDP could only be afforded limited weight. He did not consider that there were grounds to refuse the proposal on drainage, design or highways matters.  He suggested there should be an additional condition relating to rainwater collection.

 

The local ward member was given the opportunity to close the debate.  She reiterated that she considered there were policy grounds for refusal.

 

A motion to refuse the application was lost.

 

A motion to defer the application was lost.

 

A motion to approve the application was then carried on the Chairperson’s casting vote.

 

RESOLVED (on the Chairperson’s casting vote): That planning permission be granted subject to the following conditions, an additional condition relating to rainwater collection, and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

 

1.         C01 - Time limit for commencement (full permission)    

 

2.         C07 - Development in accordance with approved plans and materials

 

3.         C13 - Samples of external materials

 

4.         CBK - Restriction of hours during constructionHours of construction

 

5.         C58 - Domestic use only of garages

 

6.         C68 - Obscure glazing to windows

 

7.         CAB - Visibility splay required (2.4m x 71m)

 

8.         CAE - Vehicular access construction

 

9.         CB2 - Secure covered cycle parking provision

 

10.       CK3 - Landscape scheme

 

11.       CK4 - Landscape maintenance plan

 

12.       CE6 - Efficient use of water

 

13.       CBM - Scheme of foul and surface water drainage strategy

 

14.       As detailed in the Foul Drainage Strategy by Hydro Logic Services ref L0284 dated 26/10/2020 all foul water shall discharge through connection to new private foul water treatment systems with final outfall to mound soakaway drainage fields on land under the applicant’s control unless otherwise agreed in writing by the Local Planning Authority.

 

            Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework (2019), NERC Act (2006), and Herefordshire Core Strategy (2015) policies SS1, SS6, LD2 and SD4.

 

15.       All surface water shall be managed through a Sustainable Drainage Strategy as detailed in the Surface Water Drainage Strategy by Hydro Logic Services ref L0284  dated 26/10/2020 unless otherwise agreed in writing by the Local Planning Authority.

 

            Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework (2019), NERC Act (2006), and Herefordshire Core Strategy (2015) policies SS1, SS6, LD2 and SD3.

 

16.       Prior to commencement of any construction approved under this consent, written confirmation from the Environment Agency on the acceptability of the mound soakaway drainage system approved under this planning consent shall be supplied to, and be acknowledged in writing by the Local Planning Authority.

 

            Reason: In order to ensure compliance with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework (2019), NERC Act (2006), and Herefordshire Core Strategy (2015) policies SS1, SS6, LD2, SD3 and SD4.

 

17.       Prior to any construction above damp proof course level, details of how all shared elements of the foul water drainage and surface water schemes will be managed for the lifetime of the whole development approved under this consent shall be supplied to the Local Planning Authority for written approval. The approved management scheme shall be hereafter implemented in full unless otherwise agreed in writing by the Local Planning Authority.

 

            Reason: In order to ensure ongoing compliance with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework (2019), NERC Act (2006), and Herefordshire Core Strategy (2015) policies SS1, SS6, LD2, SD3 and SD4.

 

18.       CE2 - Renewable energy installations

 

·        Solar panels

·        Air source heat pumps

 

19.       Before any work, including any site clearance or demolition begins, equipment or materials moved on to site, a fully detailed Construction Environmental Management Plan (CEMP) and named ‘responsible person’, including detailed ecological risk avoidance measures based on current site conditions and all protected species known to be locally present – including Otter, reptiles and amphibians, 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), National Planning Policy Framework, NERC Act (2006), NPPF (2019) and Herefordshire Council Core Strategy (2015) policy SS6, LD2 and LD3.

 

20.       Prior to any construction above damp proof course levels, a detailed scheme and annotated location plan for proposed biodiversity net gain enhancement features including significant provision for bat roosting, bird nesting, pollinating insect homes and hedgehog houses and movement corridors should be supplied to and acknowledged by the local authority and then implemented in full. The approved scheme shall be maintained hereafter as approved unless otherwise agreed in writing by the local planning authority. No external lighting should illuminate any habitats on or off the site, boundary features or biodiversity net gain enhancements.

 

            Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), Habitat Regulations 2017, Core Strategy SS6, LD2, National Planning Policy Framework (2019), NERC Act  2006 and Dark Skies Guidance Defra/NPPF 2013/2019.

 

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.         I11 Mud on highway