For:     Mill Court Developments Ltd, Hitchman Stone Partnership, 14 Market Place, Warwick, CV34 4SL

Consideration of this application was deferred at the meeting held on 24th November, 2006 in order for the provision of affordable housing on site to be pursued. 

 

Ward: Tupsley

The Development Control Manager presented his report about an application for the erection of thirteen residential units on land off Ledbury Road, Hereford.  Consideration of the application had been deferred at the previous meeting for further negotiations with the applicants about the inclusion of affordable housing within the scheme.  He said that the County Ecologist had required the imposition of further conditions regarding a wildlife protection plan and zone along the brook adjoining the site if permission was granted.  He also said that the Transportation Manager was satisfied with the revised access arrangements from Ledbury Road. 

 

The Development Control Manager said that investigation had revealed that the threshold for affordable housing within the Herefordshire Unitary Development Plan (UDP) in urban areas was 0.5 ha or 15 dwellings, also the new PPS3 suggests 15 dwellings as a national indicative minimum site.  Permission was previously granted on land adjoining the application site which was in a different ownership and not part of the new site.   On this basis the UDP policies could not be used to insist with an element of affordable housing with the new application site because the two were separate and fell below the required threshold individually.

 

Councillor DJ Fleet was disappointed to learn that the site did not qualify for affordable housing and suggested that investigation be made into modifying the policies to cater for any similar applications in future.  Councillor WJS Thomas felt that the two sites should be viewed as one for affordable housing because they benefited from a shared access over Council highway land.

 

Having considered all the facts relating to the application and the advice given by officers, the Committee decided that it should be approved.

 

RESOLVED THAT

 

1)                  The Head of Legal and Democratic Services be authorised to complete a planning obligation under Section 106 of the Town and Country Planning Act 1990 in accordance with the Heads of Terms set out in Appendix 1 to the report of the Head of Planning Services; and any additional matters and terms as he considers appropriate.

 

2)                  Upon the completion of the aforementioned planning obligation, and subject to there being no objection from Conservation Manager in respect of the outstanding matters that the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions and any further conditions considered necessary by Officers, including those required in respect of highway matters.

 

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       B01 (Samples of external materials )

 

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

 

3       F16 (Restriction of hours during construction )

 

         Reason: To protect the amenity of local residents.

 

4       F48 (Details of slab levels )

 

         Reason: In order to define the permission and ensure that the development is of a scale and height appropriate to the site.

 

5       G01 (Details of boundary treatments )

 

         Reason: In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

 

6       G02 (Landscaping scheme (housing development) )

 

         Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

 

7       G03 (Landscaping scheme (housing development) - implementation )

 

         Reason: To ensure a satisfactory and well-planned development and to preserve and enhance the quality of the environment.

 

8       G09 (Retention of trees/hedgerows )

 

         Reason: To safeguard the amenity of the area.

 

9       No development shall commence on the site or machinery or materials be brought on to the site for the purpose of development until adequate measures have been taken to prevent damage to Eign Brook and to those trees which are to be retained.  Protective measures must include:

 

         a) Protective fencing, of a type and form agreed in writing with the local planning authority, to be erected along the boundary of the 5-metre exclusion zone.  This fencing must be at least 2.0 metres high and sufficiently robust to deter construction traffic.

 

         b) No excavations, site works, trenches, channels, pipes, services or temporary buildings used in connection with the development or areas for the deposit of soil or waste or for the storage of construction materials, equipment or fuel or other deleterious liquids shall be sited within the exclusion zone.

 

         Reason: In order to preserve the character and amenity of the area.

 

10     H09 (Driveway gradient)

 

         Reason: In the interests of highway safety.

 

11     H13 (Access, turning area and parking)

 

         Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

12     H21 ((Wheel washing)

 

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

 

13     H27 (Parking for site operatives)

 

         Reason: To prevent indiscriminate parking in the interests of highway safety.

 

14    H29 (Secure cycle parking provision)

 

         Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of accommodation in accordance with both local and national planning policy.

 

INFORMATIVES:

 

1       Your attention is drawn to the requirements of Part M of the Building Regulations 1991 in respect of the need to provide access and facilities for the disabled.

 

2       N03 - Adjoining property rights

 

3       N11A - Wildlife and Countryside Act 1981 (as amended) - Birds

 

4       N11B - Wildlife & Countryside Act 1981 (as amended) and Conservation (Nat. Habitats & C.) Regs 1994 - Bats

 

4           HN1 – Mud on highway

5           HN5 – Works within the highway

 

6           HN8 – Section 38 Agreements

 

7           HN13 – Protection of visibility splays on private land

 

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

 

10     N19 - Avoidance of doubt

 

Councillor DJ Fleet abstained from the voting on this item.