Agenda item

181943 - LAND TO THE NORTH OF SCHOOL ROAD (U66207), TARRINGTON, HEREFORDSHIRE

Meeting of Planning and Regulatory Committee, Tuesday 18 April 2023 10.00 am (Item 83.)

Outline planning application for up to 6 dwellings. All matters reserved apart from access.

Decision:

Application approved with a change to conditions.

Minutes:

Councillor John Hardwick left the committee to act as the local Ward member for the following application.

The principal 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 Mr Watkins, local resident, spoke in objection to the application and Mr Foley, 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, he explained that the site visit had been useful in order to see the site in context and in particular its relationship to local heritage buildings and the church. The site had been allocated for development in the neighbourhood development plan (NDP). The Landscape report produced for the NDP had recommended that development was restricted to a maximum of six houses in the Southeast of the site; the application sought outline permission for the development but it was felt that the proposed dwellings were further to the North than had been intended. The reserved matters application should return to the committee to determine and should include detail of how the application responds to concerns about the impact on heritage assets and contain more detail of the housing mix as required by the NDP.

The committee debated the application. There was concern regarding the impact of the proposed tarmac footpath which connected the development to the A438 and its impact on the rural character of the area. It was understood that the local highways authority would not adopt the path unless it was constructed of tarmac but it was felt that the surface of the path should be sympathetic to the local environment. In a change to the conditions the committee requested that a management agreement should be undertaken with the applicant to maintain the footpath which should be constructed in a material other than tarmac.

The local ward member was given the opportunity to close the debate.

The Development Manager North Team explained that a change was required to condition 7 to make reference to a management agreement with the landowner for the footpath from the site to the A438.

A motion that the application be approved in accordance with the case officer’s recommendation and a change to condition 7, to include a requirement for a management agreement to be undertaken with the landowner for the maintenance of the footpath from the development to the A438, was proposed by Councillor Polly Andrews and seconded by Councillor Paul Andrews. The motion was put to the vote and was carried by a simple majority.

RESOLVED - That:

Subject to the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement to secure the purchase of the requisite Phosphate Credits to mitigate for the effects of the development upon the River Lugg / River Wye Special Area of Conservation and a change to condition 7, to include a requirement for a management agreement to be undertaken with the landowner for the maintenance of the footpath from the development to the A438, that outline planning permission be granted subject to the conditions below.

Standard

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval of the last reserved matters to be approved, whichever is the later.

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990

Approval of the details of the layout, scale, appearance and landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to ensure accordance with Policy RA2, SD1, LD1 of the Herefordshire Local Plan Core Strategy, Policy TAR1, TAR2, TAR3, TAR4, TAR7 and TAR8 of the Tarrington Neighbourhood Development Plan and the National Planning Policy Framework (2021).

The development shall be carried out strictly in accordance with the approved plans and documents 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 ensure accordance with Policy RA2, SD1, LD1 of the Herefordshire Local Plan Core Strategy, Policy TAR1, TAR2, TAR3, TAR4, TAR7 and TAR8 of the Tarrington Neighbourhood Development Plan and the National Planning Policy Framework (2021).

The reserved matters submission pursuant to Condition 1 shall include a scheme setting out the number, size and type of open market dwellings to be provided. The scheme shall include a schedule outlining the number of 2, 3 and 4(+) bedroom dwellings to be delivered, with the overall mix being in general accord with the Herefordshire Housing Market Needs Assessment 2021 (or any successor document adopted by the LPA).

Reason: To define the terms of the permission and to ensure accordance with Policy H3 of the Herefordshire Local Plan – Core Strategy, Policy TA7 and TAR8 of the Tarrington Neighbourhood Development Plan and the National Planning Policy Framework (2021).

Pre-commencement

The reserved matters submission relating to layout submitted pursuant to Condition 3 shall be accompanied by a full foul and surface water drainage strategy which shall include, but not be limited to the following; -

i) Submission of infiltration testing to support the proposed surface water drainage arrangements.

ii) Confirmation that an attenuated, offsite surface water discharge could be achieved to Tarrington Brook should infiltration tests fail.

iii) Submission of detailed surface water and foul water drainage design drawings with construction plans, supported by calculations where necessary

iv) Confirmation that the adoption and maintenance of the drainage systems has been agreed with the relevant authority

v) Demonstration that appropriate access is available to maintain drainage features, including pumping stations should they be required;

vi) Operation and maintenance manual for all proposed drainage features that are to be adopted and maintained by a third party management company

The approved scheme shall be implemented before the first occupation of the development hereby approved.

Reason: To ensure the proposed drainage arrangements conform with Policies SD3 and SD4 of the Herefordshire Local Plan - Core Strategy, as well as Policy TAR4 and TAR8 of the Tarrington Neighbourhood Development Plan and the National Planning Policy Framework.

Development shall not begin in relation to any of the specified highways works until details have been submitted to and approved by the local planning authority in writing following the completion of the technical approval process by the local highway authority. This shall include the following

· Improvement works to PRoW TR3

· Uncontrolled A438 pedestrian crossing

· Extended footway link from PRoW TR3 to Tarrington Arms bus stop (westbound)

The development shall not be occupied until the scheme has been constructed in accordance with the approved details.

Reason: To ensure the safe and free flow of traffic on the highway and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy Plan, Policy TAR4 and TAR8 of the Tarrington Neighbourhood Development Plan and the National Planning Policy Framework.

Development shall not begin until details and location of the following have been submitted to and approved in writing by the local planning authority, and which shall be operated and maintained during construction of the development hereby approved:

· A method for ensuring mud is not deposited onto the Public Highway

· Construction traffic access location

· Parking for site operatives

· Construction Traffic Management Plan - setting up of access routes away from sensitive receptors.

· Site compound / office locations

· Areas for soil storage

· the methods and materials to be used to ensure that the generation of noise is minimised,

· the choice of plant and equipment to be used,

· regarding optimum site layout, noise generating activities to be located away from sensitive receptors; and good housekeeping and management, to include review of plant and activities to ensure noise minimisation measures are in place and operating,

· public relations, e.g. provision of telephone numbers for complaints, pre-warning of noisy activities including activities that might generate perceptible vibration, sensitive working hours,

· provision of noise monitoring during activities likely to affect sensitive receptors, and

· dust minimisation

The development shall be carried out in accordance with the approved details for the duration of the construction of the development.

Reason: In the interests of highway safety and residential amenity and to conform to the requirements of Policy MT1 and SD1 of Herefordshire Local Plan – Core Strategy, Policy TAR4 and TAR8 of the Tarrington Development Plan and the National Planning Policy Framework.

Prior to the commencement of the development, a scheme of measures for the protection of retained trees and hedgerows (in accordance with BS5837:2012) shall be submitted to and approved in writing by the Local Planning Authority. The approved measures shall be implemented prior to the commencement of development and remain in place for the duration of the construction phase.

Reason: To safeguard all retained trees during development works and to ensure that the development accords with Policy LD1 and LD3 of the Herefordshire Local Plan – Core Strategy, Policy TAR2 and TAR4 of the Tarrington Neighbourhood Development Plan and the National Planning Policy Framework (2021).

Pre-occupancy or other stage

10.

With the expectation of site clearance and groundworks, no development shall take place until a specification of the construction of the vehicular access is submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

The construction of the vehicular access shall be carried out in accordance with the approved details and shall be completed prior to the first occupation of any of the dwellings hereby approved.

Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy, Policy TAR4 and Policy TAR8 of the Tarrington Neighbourhood Development Plan and the National Planning Policy Framework.

11.

Prior to the first occupation of the development hereby permitted full details of a scheme for the provision of covered and secure cycle parking facilities within the curtilage of each dwelling shall be submitted to the Local Planning Authority for their written approval.. The covered and secure cycle parking facilities shall be carried out in strict accordance with the approved details and available for use prior to the first use of the development hereby permitted. Thereafter these facilities shall be maintained;

Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance the requirements of Policy SD1 and MT1 of Herefordshire Local Plan – Core Strategy, Policy TAR4 and TAR8 of the Tarrington Neighbourhood Development Plan and the National Planning Policy Framework.

12.

Prior to any construction work above damp proof course a specification and annotated location plan for proposed biodiversity net gain enhancement features including significant and meaningful provision of ‘fixed’ habitat features including a range of bird nesting boxes, bat boxes (or similar roosting features), Hedgehog homes and hedgehog highways through all impermeable boundary features must be supplied to and approved in writing by the local authority. The approved scheme shall be implemented in full and hereafter maintained as approved unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that biodiversity net gain is secured and habitats enhanced having regard to The Conservation of Habitats and Species Regulations 2017, as amended by 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 (2015) policies SS1, SS6 LD1, LD2 and LD3; and the council’s declared Climate Change and Ecological Emergency

13.

Prior to the first occupation of the development 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 accordance with Policy SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework (2021).

14.

Prior to the first occupation of any dwelling hereby approved, 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, MT1 and SD1 of the Herefordshire Local Plan Core Strategy, to assist in redressing the Climate Emergency declared by Herefordshire Council and to accord with the provisions at Paragraph 108 and 110 of the National Planning Policy Framework (2021).

Post occupancy monitoring and management / Compliance Conditions

15.

Before any other works hereby approved are commenced, visibility splays, and any associated set back splays at 45 degree angles 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 43-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, Policy TAR4 and TAR8 of the Tarrington Neighbourhood Development Plan and the National Planning Policy Framework.

16.

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 7.00 am-6.00 pm, Saturday 8.00 am-1.00 pm 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, Policy TAR4 and TAR8 of the Tarrington Neighbourhood Development Plan and the National Planning Policy Framework (2021).

17.

No external lighting shall be provided other than the maximum of one external LED down-lighter above or beside each external door (and below eaves height) with a Corrected Colour Temperature not exceeding 2700K and brightness under 500 lumens. Every such light shall be directed downwards with a 0 degree tilt angle and 0% upward light ratio and shall be controlled by means of a PIR sensor with a maximum over-run time of 1 minute. The Lighting shall be maintained thereafter in accordance with these details.

Reason: To ensure that all species and local intrinsically dark landscape are protected having regard to The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife & Countryside Act (1981 amended); National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1-3; ; and the council’s declared Climate Change and Ecological Emergency

18.

The ecological protection and working methods scheme as detailed in the preliminary ecological appraisal (August 2022) and Reptile Survey Report (October 2022) by Focus Ecology shall be implemented in full and hereafter maintained as approved 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 Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,), National Planning Policy Framework (2021), NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.

19.

All planting, seeding or turf laying in the approved landscaping scheme shall be carried out in the first planting season following the occupation of the building or the completion of the development, whichever is the sooner.

Any trees or plants which die, are removed or become severely damaged or diseased within 5 years of planting will be replaced in accordance with the approved plans.

Reason: To safeguard and enhance the character and amenity of the area in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy, Policy TAR2, TAR4 and TAR8 of the Tarrington Neighbourhood Development Plan and the National Planning Policy Framework (2021).

INFORMATIVES:

1. The Authority would advise the applicant (and their contractors) that they have a legal Duty of Care as regards wildlife protection. The majority of UK wildlife is subject to some level of legal protection through the Wildlife & Countryside Act (1981 as amended), with enhanced protection for special “protected species” such as Great Crested Newts, all Bat species, Otters, Dormice, Crayfish and reptile species that are present and widespread across the County. All nesting birds are legally protected from disturbance at any time of the year. Care should be taken to plan work and at all times of the year undertake the necessary precautionary checks and develop relevant working methods prior to work commencing. If in any doubt it advised that advice from a local professional ecology consultant is obtained.

2. 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.

3. 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.

4. 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).

5. 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. No work on the site should commence until engineering details of the improvements to the public highway have been approved by the Highway Authority and an agreement under Section 278 of the Highways Act 1980 entered into. Please contact the Senior Engineer, PO Box 236, Plough Lane, Hereford HR4 0WZ to progress the agreement.

7. The developer is required to submit details of the layout and alignment, widths and levels of the proposed roadworks, which shall comply with any plans approved under this planning consent unless otherwise agreed in writing, together with all necessary drainage arrangements and run off calculations. It is not known if the proposed roadworks can be satisfactorily drained to an adequate outfall. Adequate storm water disposal arrangements must be provided to enable Herefordshire Council, as Highway Authority, to adopt the proposed roadworks as public highways. The applicant is, therefore, advised to submit the engineering and drainage details referred to in this conditional approval at an early date to the Senior Engineer, PO Box 236, Plough Lane, Hereford HR4 0WZ for assessment and technical approval. No works on the site of the development shall be commenced until these details have been approved and an Agreement under Section 38 of the Highways Act 1980 entered into.

8. Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public highway. No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway.

9. The applicant's attention is drawn to the need to ensure that the provision of the visibility splay(s) required by this consent is safeguarded in any sale of the application site or part(s) thereof.

10. Any work involving the removal or disturbance of ground or structures supporting or abutting the publicly maintained highway should be carried out in accordance with details to be submitted to and approved in writing by the Highway Authority or their agent. Please contact Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford, HR2 6JT (Tel: 01432 261800).

11. The applicant's attention is drawn to the requirement for design to conform to Herefordshire Council's 'Highways Design Guide for New Developments' and 'Highways Specification for New Developments'.

There was an adjournment at 11:21 a.m.; the meeting reconvened at 11:31 a.m.

Councillor John Hardwick resumed his seat as a member of the committee.

Supporting documents: