Demolition of listed & non-listed buildings, erection of two/three storey building to provide new retail use, restaurant and 11 no. flats.

Demolition of listed & non-listed buildings, erection of two/three storey building to provide new retail use, restaurant and 11 no. flats.

 

The Principal Planning Officer reported the receipt of the following:

• comments from the Conservation Area Advisory Committee which recommended refusal;
• comments from Hereford Civic Society which claimed that the Officer’s report was misleading and asked for a more complete and balanced summary as the report had not given sufficient weight to the comments and concerns of Hereford Civic Society, Ancient Monuments Society, Conservation Area Advisory Committee and The Georgian Group;
• the County Archaeologist had no objections and, therefore, recommended condition 5 of the report could be removed as the site was of limited archaeological significance;
• English Heritage had commented that a fine judgement had to be made but noted that the proposal could contribute to the historic landscape;
• the Conservation Manager had commented that, whilst the principle of redevelopment was accepted, concern remained regarding the information provided to justify the demolition if the listed dwellings/warehouse;
• shortly before the meeting, the applicants had provided a unilateral undertaking in respect of contributions of £20,000 towards Conservation Area/townscape improvements and £45,000 towards highway related improvements on Union Street to be paid upon first occupation of the retail units.

 

The Principal Planning Officer highlighted the main considerations and commented that, subject to the recommended conditions, the proposal was considered acceptable.

 

In accordance with the criteria for public speaking, Mr. P. Hodgson (the applicant’s agent) spoke in support of the application.

 

The Chairman, speaking in his capacity as the Local Ward Member, thanked the Principal Planning Officer for his hard work on these applications.  The Chairman noted that not everyone could be completely satisfied with all aspects of a scheme of this scale but felt that a reasonable compromise had been reached.

 

A number of Members concurred with the views of the Chairman and welcomed the redevelopment of this derelict site and the additional retail and residential units that would be created.

 

In response to questions, the Principal Planning Officer outlined the highways and servicing considerations and noted that the Traffic Manager had no objections subject to conditions and contributions. 

 

A suggestion was made that there should be a restriction on hours of delivery but other Members felt that this was not necessary given the availability of loading bays on Union Street.

 

RESOLVED:

 

1.      Subject to there being no objection from English Heritage and the Conservation Manager at the end of the consultation period the County Secretary and Solicitor be authorised to complete a planning obligation or unilateral undertaking under Section 106 of the Town and Country Planning Act 1990 to secure financial contributions towards:

 

1.            Conservation Area/townscape improvements

2.            Highway related improvements on Union Street.

 

And any additional matters and terms as she considers appropriate.

 

2.      On completion of the aforementioned planning obligation or unilateral undertaking the officers named in the Scheme of Delegation to Officers, in consultation with the Chairman/Local Ward Member, be authorised to issue planning permission subject to the following conditions and any further conditions considered necessary by officers:

 

 

Conditions – DCCE2005/1271/F

 

1       A01 (Time limit for commencement (full permission))

 

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2       A06 (Development in accordance with approved plans)

 

         Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

 

3              B01 (Samples of external materials)

 

         Reason: To ensure that the materials harmonise with the surroundings.

 

4       D01 (Site investigation - archaeology)

 

         Reason: To ensure the archaeological interest of the site is recorded.

 

5       D03 (Site observation - archaeology)

 

         Reason: To allow the potential archaeological interest of the site to be investigated and recorded.

 

6       D04 (Submission of foundation design)

 

         Reason: The development affects a site on which archaeologically significant remains survive.  A design solution is sought to minimise archaeological disturbance through a sympathetic foundation design.

 

7       Prior to commencement of development the applicants shall provide a Method Statement in order to minimise the amount of dust and dirt emanating from the site during the construction phase.  The construction works shall be carried out in accordance with the agreed Method Statement.

 

         Reason: To safeguard the amenities of the locality.

 

8       F16 (Restriction of hours during construction)

 

         Reason: To protect the amenity of local residents.

 

9       F32 (Details of external lighting)

 

         Reason: To safeguard local amenities.

 

10     F41 (No burning of materials/substances during construction phase)

 

         Reason: To safeguard residential amenity and prevent pollution.

 

11                   Development approved by this planning permission shall not be commenced unless:

 

         a) A desk top study has been carried out which shall include the identification of previous site use, potential contaminants that might reasonable be expected given those uses and other relevant information and using this information a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors have been produced.

 

         b) A site investigation has been designed for the site using the information obtained from the desktop study and any diagrammatical representations (Conceptual Model).  This should be submitted to, and approved in writing by the local planning authority prior to that investigation being carried out on site.  The investigation must be comprehensive enough to enable:

 

·         a risk assessment to be undertaken relating to the receptors associated with the proposed new use, those uses that will be retained (if any) and other receptors on and off the site that may be affected, and

·         refinement of the Conceptual Model, and

·         the development of a Method Statement detailing the remediation requirements.

 

         c) The site investigation has been undertaken in accordance with details approved by the local planning authority and a risk assessment undertaken.

 

         d) A Method Statement detailing the remediation requirements using the information obtained from the Site Investigation has been submitted to the local planning authority.  This should be approved in writing by the local planning authority prior to that remediation being carried out on the site.

 

         Reason: To ensure that the proposed site investigations and remediation will not cause pollution of the environment or harm to human health.

 

12     The development of the site should be carried out in accordance with the approved Method Statement.

 

         Reason: To ensure that the development complies with approved details in the interests of protection of the environment and harm to human health.

 

13     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 addendum to the Method Statement.  This addendum to the Method Statement must detail how this unsuspected contamination shall be dealt with and from the date of approval the addendum(s) shall form part of the Method Statement.

 

         Reason: To ensure that the development complies with approved details in the interests of protection of the environment and harm to human health.

 

14     Upon completion of the remediation detailed in the Method Statement a report shall be submitted to the local planning authority that provides verification that the required works regarding contamination have been carried out in accordance with the approved Method Statement.  Post remediation sampling and monitoring results shall be included in the report to demonstrate that the required remediation has been fully met.  Future monitoring proposals and report shall also be detailed in the report.

 

         Reason: To protect the environment and prevent harm to human health by ensuring that the remediated site has been reclaimed to an appropriate standard.

 

15     A Method Statement and Risk Assessment for the safe removal of the underground petrol tank shall be submitted to and approved in writing by the local planning authority.  The tank shall be removed in accordance with the approved Risk Assessment and Method Statement.

 

         Reason: In the interest of protection of the environment and harm to human health under the Public Health Act 1961 and Health and Safety at Work Act 1974.

 

16     H21 (Wheel washing)

 

         Reason: To ensure that the wheels of vehicles are cleaned before leaving the site in the interests of highway safety.

 

17     H27 (Parking for site operatives)

 

         Reason: In the interests of highway safety.

 

18     Prior to the commencement of the construction of new retail units, details including scaled plans, and a schedule of materials and details of the proposed signage for the new shopfronts on Commercial Street shall be submitted for approval in writing by the local planning authority.  The new shopfronts and signage shall be installed in accordance with the approved details prior to occupation of the development hereby permitted.

 

            Reason: To enable the local planning authority to control the specific detail and materials for the shopfronts in the interests of safeguarding the character and appearance of the listed building and Conservation Area.

 

Informative:

 

1       N15 - Reason(s) for the Grant of PP

 

 

Conditions – DCCE2005/1281/L

 

1       C01 (Time limit for commencement (Listed Building Consent))

 

         Reason: Required to be imposed by Section 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

2       C02 (Approval of details)

 

         Reason: To safeguard the character and appearance of this building of [special] architectural or historical interest.

 

3       C14 (Signing of contract before demolition)

 

         Reason: Pursuant to the provisions of Section 17(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

 

4       C15 (Salvage recording)

 

         Reason: To enable a record to be made of this building of historical and/or architectural interest.

 

5       C16 (Detailed scheme of demolition operations)

 

         Reason: To minimise the risk of damage to the existing building.

 

6              Prior to the carrying out of any works/alterations to the listed buildings fronting Commercial Street, the developer shall provide for approval in writing by the local planning authority an investigative schedule including timescales for the proposed ‘stripping out’ works to the listed buildings.  The stripping out shall be carried in accordance with the agreed schedule and timescales.  The developer shall afford access to the local planning authority/conservation manager at all reasonable times in order to observe and record the investigative works.

 

Reason: To ensure the architectural and historic interest of the listed buildings are recorded and safeguarded as necessary.

 

Informative:

 

1       N15 - Reason(s) for the Grant of LBC/CAC