Issue - meetings

202265 - LAND SOUTH WEST OF ORCHARD CLOSE, DILWYN, HEREFORDSHIRE, HR4 8HQ

Meeting: 07/04/2021 - Planning and Regulatory Committee (Item 103)

103 202265 - LAND SOUTH WEST OF ORCHARD CLOSE, DILWYN, HEREFORDSHIRE, HR4 8HQ pdf icon PDF 2 MB

Proposed outline application with all matters, save access, reserved for the residential development of 20 open market homes and 10 affordable homes.

Decision:

The application was refused in accordance with the Case Officer’s recommendation.

Minutes:

(Proposed outline application with all matters, save access, reserved for the residential development of 20 open market homes and 10 affordable homes.)

 

The Principal 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 the following spoke at the meeting as virtual attendees:  Mr P Kyles of Dilwyn Parish Council, who spoke in support of the scheme, Mr N Jones, a local resident, speaking in objection; and Mr J Spreckley, the applicant’s agent, speaking in support of the application.

 

In accordance with the Council’s Constitution, the local ward member, Councillor Mike Jones, spoke on the application.  In summary, he emphasised the Parish Council’s support for the scheme and the potential benefits for the local community.  These included additional customers for local services, affordable housing and enhanced conservation.  Heritage England had considered the harm to the castle mound to be less than substantial and the application proposed to develop the tourist potential of the site. Concerns had been expressed about flooding but he did not consider these to be justified.  The applicant had submitted a planning application for the development of a wetland which would mitigate any phosphate discharge.  The Parish Council had worked with the developer to provide a positive development for Dilwyn.

 

The Committee discussed the application.

 

The Lead Development Manager re-emphasised the proposed grounds for refusal highlighting the objection by Welsh Water.  He acknowledged the potential benefits to the village of a larger housing scheme as proposed as this would deliver affordable housing.  However, the current application before the Committee was not suitable.

 

The local ward member was given the opportunity to close the debate.  He reiterated the Parish Council’s support for the application and the benefits of the development for Dilwyn.

 

RESOLVED: That planning permission be refused for the following reasons:

 

1.         The site lies within the catchment of the River Lugg Special Area of Conservation (SAC), which comprises part of the River Wye SAC, and triggers the requirement for a Habitat Regulations Assessment.  Under the Conservation of Habitats and Species Regulations 2017 (as amended) there is a requirement to establish beyond all reasonable scientific doubt that there will not be an adverse effect on the integrity of the River Wye SAC (Lugg sub catchment) which is currently failing its water quality targets.  The proposal therefore fails to meet the requirements of policies LD2, SD3 and SD4 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework (paragraph 170e)), together with the provisions set out in The Conservation and Habitats and Species Regulations 2017 (as amended).  This provides a clear reason to refuse planning permission under paragraph 11 d) i of the National Planning Policy Framework.

 

2.         Development of the site would result in less than substantial harm (quantified as being at a high degree within this category) to the significance  ...  view the full minutes text for item 103