Agenda item

210068 - LAND SOUTH OF COBHALL COMMON LANE, COBHALL COMMON, HEREFORD

Application for variation of condition 2 following grant of planning permission (174681) - to seek approval for amended housing designs.

Decision:

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

Minutes:

The senior planning officer gave a presentation on the application and the updates/representations received following the publication of the agenda as provided in the update sheet and appended to these minutes.

 

In accordance with the criteria for public speaking, a statement was read out on behalf of the Chairman of Allensmore Parish Council and Mr J Parker, the applicant, spoke in support of the application.

 

In accordance with the council's constitution the local ward member spoke on the application. In summary she commented that the site had been the subject of a previous application and enforcement action. The developer had responded to some local concerns with the new drainage scheme which had satisfied some local residents. However several resident continue to voice concerns regarding the drainage scheme which they believe will cause flooding to their homes. The local ward member referred to a number of issues raised in representations on the application.

 

The committee discussed the application. Disappointment was expressed at the removal of the 2-bedroom homes in the original application.

 

Following a request from the committee the Lead Development manager explained that a condition could be added to ensure that rainwater harvesting facilities were included in the houses on the development.

 

The local ward member was given the opportunity to close the debate. She explained that during the review of the core strategy consideration should be given to houses built on water-logged areas.

 

A motion that the application be approved subject to the inclusion of a condition to ensure that rainwater harvesting facilities were included in the houses on the other developments moved and carried.

 

RESOLVED –That planning permission be granted subject to the addition a of a condition concerning rainwater harvesting (as outlined above) and the following conditions:

 

1

 

The development shall be carried out strictly in accordance with the approved plans and documents listed below and the schedule of materials indicated thereon, except where otherwise stipulated by conditions attached to this permission.

 

·         E001 - Site Location Plan - showing proposed passing bay

·         P002 B – Block plan as proposed

·         P003 F – Site plan as proposed

·         P004 E - Street Scene as proposed

·         P100  B - Plot 1 as proposed

·         P101 C – Plot 2 as proposed

·         P102 B – Plot 3 as proposed

·         P103 C –Plot 4 as proposed

·         P104 B – Plot 5 as proposed

·         P105 C - Plot 6 as proposed

·         P106 B – Plot 7 as proposed

·         LB001 C - Landscaping and biodiversity enhancement scheme as proposed

·         PC001 A – Access parking and turning details as proposed

·         PC002 B – Site operative parking details as proposed

·         C001 F – Engineering layout sheet 1

·         C002 G – Engineering layout sheet 2

·         C010 – Construction details

·         Operation and Maintenance Schedule – SuDS/Drainage – Revision C (CTP-21-0251)

·         Ecological Assessment Ref OHA/1833/16.1

 

Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1, LD1, H3, SD3 and SD4 of the Herefordshire Local Plan – Core Strategy, Policies A1, A3, A4, A5 and A7 of the Allensmore Neighbourhood Development Plan and the National Planning Policy Framework.

 

2

 

The soft landscaping scheme as shown on the approved plan no. LB001 C 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. The landscaping shall be maintained for a period of 5 years.  During this time, any trees, shrubs or other plants which are removed, die or are seriously retarded shall be replaced during the next planting season with others of similar sizes and species unless the Local Planning Authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5-year maintenance period. The hard landscaping shall be completed prior to the first use/occupation of the development hereby permitted

 

Reason: In order to maintain the visual amenities of the area and to conform with Policy LD1 of the Herefordshire Local Plan – Core Strategy, Policy A1 of the Allensmore Neighbourhood Development Plan and the National Planning Policy Framework.

 

3

 

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 set out on drawing PC001 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 and the National Planning Policy Framework.

 

4

 

The parking for site operatives and visitors as set out on drawing PC002 B shall be retained and kept available during construction of the development.

 

Reason: To prevent indiscriminate parking, with immediate effect, in the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

5

 

During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday - Friday 7.00am - 6.00pm, Saturday 8.00am -1.00pm nor at any time on Sundays, Bank or Public Holidays.

 

Reason: To protect the amenity of local residents and to comply with Policy SD1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

6

 

Prior to the first occupation of any of the dwellings hereby approved the driveway and/or vehicular turning area shall be consolidated and surfaced at a gradient not steeper than 1 in 8. Private drainage arrangements must be made to prevent run-off from the driveway discharging onto the highway. As set out on the approved drawings PC001 A and C001 F.

 

Reason: In the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

7

 

Before any other works hereby approved are commenced, visibility 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 31 metres to the east and 34 metres to the west 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.

 

8

 

Within 6 months of this permission, unless otherwise agreed in writing with the Local Planning Authority, the proposed passing place shall be constructed and made available for use, in accordance with technical specification and details (including evidence of an agreement under the Section 278 of the Highways Act 1980 S278 agreement) to be submitted to and approved in writing by the Local planning Authority.

 

Reason: To ensure the safe and free flow of traffic on the highway and to conform to the requirements if Policies MT1 and SD3 of Herefordshire Local Plan – Core Strategy Plan and the National Planning Policy Framework.

 

9

 

None of the existing trees or hedgerows on the site (other than those specifically shown to be removed on the approved drawings) shall be removed, destroyed or felled without the prior approval in writing of the Local Planning Authority.

 

Reason: To safeguard the amenity of the area and to ensure that the development conforms with Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy, Policy A1 of the Allensmore Neighbourhood Development Plan and the National Planning Policy Framework.

 

10

 

The ecological protection, mitigation and working methods scheme as recommended in the Ecological Report by Star Ecology dated July 2017 and biodiversity enhancements on plan LB001 C shall be implemented in full as stated unless otherwise approved 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 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy, Policy A2 of the Allensmore Neighbourhood Development Plan and the National Planning Policy Framework, NERC 2006.

 

11

 

All foul water from the dwellings approved under this Decision Notice shall discharge into a single shared package treatment plant as outlined in the drainage strategy on drawings C001 F, C002 G and C010 unless otherwise agreed in writing by the Local Planning Authority. The drainage infrastructure shall be maintained in accordance with the details set out the Operation and Maintenance Schedule – SuDS/Drainage – Revision C (CTP-21-0251) for the lifetime of the development.

 

Reason: In order to ensure that satisfactory drainage arrangements are provided and maintained in accordance with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy, Policy A7 of the Allensmore Neighbourhood Development Plan and the National Planning Policy Framework.

 

12

 

 

 

 

 

 

 

 

 

 

 

Surface water will be managed through an appropriate Sustainable Drainage System (SuDS) and soakaway system within the development site on land under the applicant’s control. The surface water management system shall include the collection of rain water from roofs and shall be implemented and hereafter maintained as approved unless otherwise agreed in writing by the Local Planning Authority.

 

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, Policy A7 of the Allensmore Neighbourhood Development Plan and the National Planning Policy Framework.

 

13

Prior to the first occupation of any dwelling of the residential development hereby permitted a scheme to enable the charging of plug in and other ultra-low emission vehicles (e.g provision of cabling and outside 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.

 

14

Prior to works commencing on the dwellings on Plots 1 and 7, hereby permitted, details of flood prevention methods, to address the risks posed by vehicles moving through floodwater on the highway, shall be submitted to and approved in writing by the Local Planning Authority

 

Reason: To protect Plots 1 and 7 from flooding and to comply with Policy SD3 of the 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. 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

 

In the light of the localised drainage characteristics of the site and its locality, future occupiers are advised of their maintenance responsibilities in relation to the drainage infrastructure associated with the development hereby approved.

 

3

The attention of the applicant is drawn to Section 175A(3) of the Highways Act 1980 within which the Highway Authority shall have regard to the needs of disabled persons when considering the desirability of providing ramps at appropriate places between carriageways and footways and to any requirement of the Disability Discrimination Act.

 

4

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.

 

5

This permission does not authorise the laying of private apparatus within the confines of the public highway.  The applicant should apply to Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford HR2 6JT, (Tel: 01432 261800), for consent under the New Roads and Streetworks Act 1991 to install private apparatus within the confines of the public highway.  Precise details of all works within the public highway must be agreed on site with the Highway Authority.  A minimum of 4 weeks notification will be required (or 3 months if a road closure is involved).

 

Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to coordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public).Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.

 

6

This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford, HR2 6JT (Tel: 01432 261800), shall be given at least 28 days' notice of the applicant's intention to commence any works affecting the public highway so that the applicant can be provided with an approved specification, and supervision arranged for the works.

 

Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to co-ordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public). Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.

 

 

Supporting documents: