Agenda item

204274 - LAND ADJOINING DUKE STREET, WITHINGTON, HEREFORDSHIRE

Proposed improvements to existing field access and construction of farm track.

Decision:

The application was approved in accordance with the Case Officer’s recommendation, with amended/additional conditions.

Minutes:

(Proposed improvements to existing field access and construction of farm track.)

 

(The agenda order was changed and this agenda item was considered as the first substantive item.)

 

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

 

(The Committee had deferred consideration of this application at its meeting on 3 March 2021).

 

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.

 

In accordance with the criteria for public speaking for virtual meetings, Withington Group Parish Council had submitted a written representation in objection to the application.  This was read to the meeting.   A written submission in objection to the application had been submitted on behalf of residents of Duke Street.  This was read to the meeting.   Mr P Smith, the applicant’s agent, spoke in support of the application as a virtual attendee.

 

In accordance with the Council’s Constitution, the local ward member, Councillor Paul Andrews, spoke on the application.  In summary, he opposed the application, expressing concerns about highway safety, questioning the need for improving an existing but little used field access to the standard proposed, given that there were already several accesses and it was not proposed to close the main current one, and referencing drainage issues on Duke Street.

 

The Committee discussed the application.

 

The Development Manager commented that it would be feasible to amend proposed condition 3 to require a porous surface for the new access track to be sought.

 

The local ward member was given the opportunity to close the debate.  He reiterated his objection.  However, if the Committee was minded to approve the application he requested that the applicant’s offer to accept a condition requiring the continued use of the main farm access off Lock Road should be agreed.  He also emphasised the importance of any drainage measures being properly maintained.

 

A motion in support of the application with amendments to condition 3 requiring a porous surface for the new access track and a condition requiring the continued use of the main farm access off Lock Road was carried.

 

RESOLVED: That planning permission be granted with amendments to condition 3 requiring a porous surface for the new access track and a condition requiring the continued use of the main farm access off Lock Road and 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.         C07 - Development in accordance with approved plans and materials

 

3.         CAE - Vehicular access construction

 

            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 Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

4.         Before any other works hereby approved are commenced, visibility splays, and any associated set back splays 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 50 metres in each direction along the nearside edge of the adjoining carriageway.  Nothing shall be planted, 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 Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

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, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.  P1 Positive and proactive.

 

2.         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.

 

(The meeting adjourned between 12.06 and 12.57pm

Supporting documents: