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 approved plans and supporting details:

·         To be completed

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 RA2 and SD1 of the Herefordshire Local Plan – Core Strategy, Bosbury and Coddington Neighbourhood Development Plan and the National Planning Policy Framework.

Pre Commencement Conditions

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Before any work, including any site clearance or demolition begin, or equipment or materials moved on to site, a Construction Environmental Management Plan (CEMP) including a full Ecological Working Method Statement and a specified ‘responsible person’, 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; unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework (2018), NERC Act (2006), Herefordshire Core Strategy (2015) policies MT1, SD1 and LD1-3.

Before any work, including any site clearance or demolition begin, or equipment or materials moved on to site, a Construction Management Plan (CMP) including a full Construction Working Method Statement and a specified ‘responsible person’, shall be supplied to the local planning authority for written approval. The approved CMP shall be implemented and remain in place until all work is complete on site and all equipment and spare materials have finally been removed; unless otherwise agreed in writing by the local planning authority.

The Construction Management Plan shall include, but is not limited to, the following matters:

•      site management arrangements, including on-site storage of materials, plant and machinery; temporary offices, contractors compounds and other facilities; on-site parking and turning provision for site operatives, visitors and construction vehicles (including cycle parking for staff and visitors); and provision for the loading/unloading of plant and materials within the site;

•      wheel washing facilities and other measures to ensure that any vehicle, plant or equipment leaving the application site does not carry mud or deposit other materials onto the public highway;

•      measures for managing access and routing for construction and delivery traffic;

•      hours during which construction work, including works of site clearance, and  deliveries can take place;

•      Tree / hedge protection plan for the phase of development (as per condition 18);

•      Construction Traffic Management Plan, including construction access details if it differs from the access detailed under Condition 12 of this Decision Notice;

•      Ecological mitigation and protection for the phase of development

Reason: In the interests of highway safety, in the interests of safeguarding adjoining amenity, protection of retained green infrastructure and to comply with National Planning Policy Framework (2018), policies MT1, SD1 and LD1-3.

5

The development hereby permitted should not commence until drainage plans for the disposal of foul and surface water flows have been submitted to and approved by the Local Planning Authority.

The scheme shall be implemented in accordance with the approved details before the
development is first brought into use and occupation and thereafter be maintained as such.

Reason: To ensure adequate drainage arrangements serve the development and to mitigate, prevent or to avoid exacerbating any flooding issues and to minimise the risk of pollution and prevent adverse impact on adjoining land and use and to comply with Herefordshire Core Strategy policies SD1, SS3 and SS4 and the Brimfield and Little Hereford Neighbourhood Development Plan.

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8

Development shall not begin in relation to the provision of road and drainage infrastructure until the engineering details and specification of the proposed roads and highway drains have been submitted to and approved in writing by the local planning authority.

The development shall be carried out in accordance with the approved details and completed prior to first occupation of the development hereby permitted.

Reason: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

No development shall take place until the following has been submitted to and approved in writing by the local planning authority:

a) a 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice

b) if the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors

c) if the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed shall be submitted in writing.

The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the local planning authority for written approval.

Reason: In the interests of human health and to comply with Herefordshire Core Strategy policy SD1 and the relevant aims and objectives of the National Planning Policy Framework.

With the exception of any site clearance and groundwork (excluding any works to retained features), no further development shall commence on site until a landscape design has been submitted to and approved in writing by the Local Planning Authority.  The details submitted should include:

·         A plan(s) at a scale of 1:200 or 1:500 showing the layout of retained and proposed tree, hedge and shrub planting and grass areas

·         A written specification clearly describing the species, sizes, densities and planting numbers and giving details of cultivation and other operations associated with plant and grass establishment

·         Existing and proposed finished levels or contours

·         Hard surfacing materials

·         Minor structures (e.g. play equipment, street furniture, lighting, refuse areas, signs etc.)

·         Any retained historic features and proposals for restoration

The approved soft landscaping scheme and planting details shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development.

Reason: To protect and enhance the visual amenities of the development and wider area and setting of Brimfield hereabouts, to maintain and enhance the character and appearance of the location and setting of Brimfield and to ensure that the development complies with the requirements of Policy SS6, RA1, RA2, LD1, LD4 and SD1 of the Herefordshire Local Plan – Core Strategy, the Brimfield and Little Hereford Neighbourhood Development Plan, and the design and environmental aims and objectives of the National Planning Policy Framework.

Compliance Conditions

9

The ecological protection, mitigation, compensation and working methods scheme and biodiversity net gain enhancements as specified in the ecology report by Turnstone Ecology dated August 2021 shall be implemented in full as stated, and hereafter maintained, unless otherwise approved in writing by the local planning authority and Natural England as relevant to any protected species licences.

Reason: To ensure that all species are protected and habitats enhanced having regard to the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1, LD2 and LD3 and Brimfield and Little Hereford Neighbourhood Development Plan.

10

No development in any phase, including any works of site clearance, shall commence during the bird nesting season (1 March – 31 August inclusive) unless it has been demonstrated through the submission of a method statement that shall previously have been submitted to and approved in writing by the local planning authority, that nesting birds can be adequately protected. Development shall be carried out only in accordance with the approved details which may include, but are not confined to, the timing of work, pre-work checks, avoidance of nesting areas, and protection zones around nesting areas.

Reason: To ensure that species and habitats are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 2017 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework 2018, NERC 2006.

11

No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the construction phase and thereafter for 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars.

Reason: To safeguard the character and amenity of the area and to ensure that the development conforms to Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

12

13

The construction phase of the development hereby permitted shall be carried out in strict accordance with the details specifying the measures to be put in place during the construction period for the protection of those trees and hedgerows to be retained, in accordance with the principles set out in BS 5837:2012 as detailed within the Tree Condition Report Arboricultural Impact Assessment Root Protection Areas Method Statement, listed under Condition 2 of this Decision Notice.

Reason: To safeguard and protect trees and hedgerows to be retained during the construction phase and to comply with Herefordshire Core Strategy policies LD1, LD2 and LD3.

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

Reason: In the interests of human health and to comply with Herefordshire Core Strategy policy SD1 and the relevant aims and objectives of the National Planning Policy Framework.

14

At no time shall the means of enclosure shown on the approved plans listed under Condition 2 be removed (unless being replaced on a like             for like basis) and/ or any access, whether pedestrian, vehicular or        other modes of transport, be facilitated through the site to enable access to the A49 road. For the avoidance of doubt vehicular access to and from the site shall be through The Coppice only.

Reason: In the interests of highway safety, to ensure the safe flow of traffic on the A49 strategic road and to comply with Herefordshire Core               Strategy policy MT1 and the relevant aims and objectives of the National Planning Policy Framework.

Prior to Occupation Conditions

15

Prior to the first occupation of any dwelling 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 comply with Herefordshire Core Strategy policies SS4 and MT1.

16

No dwelling hereby approved shall be occupied until details including illumination areas, luminance levels and control systems of any floodlighting or external lighting proposed to illuminate any phase of the housing development, as relates to non domestic fixings, shall be submitted to and approved in writing by the local planning authority. 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 adjoining land uses, Dark Skies and to comply with Policy SD1, SS6 and LD1-3 of the Herefordshire Local Plan – Core Strategy, National Planning Policy Framework and Conservation of Habitats and Species Regulations (2018).

17

No dwelling hereby approved shall be occupied until arrangements to facilitate broadband and/or high speed internet connection to those dwellings have been implemented in accordance with details that shall previously have been submitted to and approved in writing by the local planning authority.

Reason: To ensure occupiers have suitable facilities and 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.

18

Prior to the first occupation of any dwelling hereby permitted a scheme demonstrating measures for the efficient use of water as per the optional technical standards contained within Policy SD3 of the Herefordshire Local Plan Core Strategy shall be submitted to and approved in writing by the local planning authority and implemented as approved.

Reason: To ensure compliance with Policies SD3 and SD4 of the Hereford Local Plan – Core Strategy and the National Planning Policy Framework.

19

Prior to the first occupation of any dwelling within any phase of residential development hereby permitted a scheme to enable the charging of plug in and other ultra low or zero emission vehicles (e.g. provision of outside electric sockets ) 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.

20

Details regarding the storage and collection location of bins should be provided and approved in writing by the Local Planning Authority prior to occupation of any dwelling. Bin collection points would need to be provided for any plot located over a 25 metre walking distance from where the RCV can safely access and shall be installed and made available for use prior to the occupation of the dwelling to which it serves.

Reason: In the interests of highway safety, public health and amenity and to comply with Herefordshire Core Strategy policies LD1, MT1 and SD1.

21

Before any dwelling is first occupied or brought into use, a schedule of landscape implementation and maintenance of non-private garden areas shall be submitted to and approved in writing by the local planning authority. Delivery and Maintenance shall be carried out in accordance with this approved schedule. The maintained height of existing and proposed hedgerows should be specified within the Schedule and a plan is required to show which areas are covered by the Estate Management Company.

Reason: To ensure the future establishment of the approved scheme, in order to protect and enhance the visual amenities of the area and setting of Brimfield hereabouts, to maintain and enhance the character and appearance of the location and setting of Brimfield and to ensure that the development complies with the requirements of Policy SS6, RA1, RA2, LD1, LD4 and SD1 of the Herefordshire Local Plan – Core Strategy, the Brimfield and Little Hereford Neighbourhood Development Plan, and the design and environmental aims and objectives of the National Planning Policy Framework.

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25

The provision of covered and secure cycle parking on site and within the curtilage of each dwelling as shown on and within the approved plans and details listed under Condition 2 of this Decision Notice shall be made available for use prior to occupation of the dwelling it serves and thereafter be retained for such use.

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives and to conform with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

The Remediation Scheme, as approved pursuant to condition 7 of this Decision Notice shall be fully implemented before the development is first occupied. On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted and agreed in writing before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

Reason: In the interests of human health and to comply with Herefordshire Core Strategy policy SD1 and the relevant aims and objectives of the National Planning Policy Framework.

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, D and H of Part 1 and of Schedule 2, shall be carried out and furthermore no windows shall at any time be placed in any elevation, or dormer windows in any facing roof slope of the dwellings hereby permitted other than those shown on the approved plans listed under Condition 2 of this Decision Notice..

Reason: In order to protect the character and amenity of the locality, to ensure the design, character and appearance of this high quality development is protected, to maintain the amenities of adjoining property, ensure the development retains a mix of housing sizes and to comply with Policy H1, H3, RA2 and SD1 of the Herefordshire Local Plan – Core Strategy, the Brimfield and Little Hereford Neighbourhood Development Plan and the National Planning Policy Framework

The development hereby permitted shall be served by vehicular access and egress by the route through and from The Coppice and Wyson Lane only, as shown on the approved plans listed under Condition 2 of this Decision Notice.

Reason: In the interests of highway safety and amenity, to safeguard the strategic road network and having regard to the basis on which the development has been assessed and to comply with Herefordshire Core Strategy policies SS4 and MT1 and the relevant aims and objectives of the National Planning Policy Framework.

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.

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6

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.

The Developer is advised that some public sewers, lateral drains or water mains may not be recorded on Welsh Water’s maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

With reference to the surface water, Welsh Water advise they would not permit the communication of flows to the public sewer as it is designated to receive foul water only. Any drainage strategy should consider utilising a sustainable drainage technique. In addition, please note that no highway or land drainage run-off will be permitted to discharge directly or indirectly into the public sewerage system.

With regards to the requirements of Condition 7 –

·         Assessment is required to be undertaken in accordance with good practice guidance and needs to be carried out by a suitably competent person as defined within the National Planning Policy Framework 2021

·         All investigations of potentially contaminated sites are required to undertake asbestos sampling and analysis as a matter of routine and this should be included with any submission

·         Where ground gas protection measures are required, they shall be validated in accordance with current best practice guidance

This planning permission is pursuant to a Section 106 legal agreement dated XXX