Proposed demolition of existing buildings and construction of new building to provide commercial (A3) unit and six residential units above.

Proposed demolition of existing buildings and construction of new building to provide commercial (A3) unit and six residential units above.

 

The Central Team Leader reported the following:

§         The applicants had provided a revised elevation plan to illustrate the impact of the proposal on the windows serving the next door retail unit.

§         The recommendation was altered so that conditions 12 to 14 detailed in the report were substituted for standard condition F18 to deal with foul and surface water drainage arrangements.

 

The Chairman, speaking in his capacity as the Local Ward Member, commented on the difficulty of developing the land without one problem or another given the site constraints.

 

In response to questions about loss of light to the retail unit to the south, the Central Team Leader advised that commercial properties were not afforded the same level of protection as residential properties.  He added that the applicant had agreed to the whitewashing of the wall facing the neighbouring property in order to reflect some natural light into some of the windows.

 

In response to comments about the potential for disturbance and litter being generated by the proposed restaurant/café, the Central Team Leader advised that an A3 use class had been applied for and this would not permit the sale of takeaway food.  He also commented on the shopping frontage policy and advised that the proposal was considered acceptable, particularly as it would enhance the character and appearance of the site and the street scene.

 

A number of Members felt it regrettable that some loss of light would result from the development but considered that the benefits of the proposal outweighed the disadvantages.

 

In response to questions, the Central Team Leader: drew attention to the fact that the Environmental Health Manager had no objections subject to conditions; explained the design approach for the frontage and the materials to be used; and advised that a condition could be added to require details of refuse storage to be submitted and approved prior to occupation.

 

RESOLVED:

 

DCCE2007/0493/F

 

That planning permission be granted subject to the following conditions:

 

1.      The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

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

 

2.      No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

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

 

3.      Before development commences architectural details of window sections, eaves, verges and barge boards at a scale of 1:1 or 1:5 shall be submitted to the local planning authority and approved in writing.

 

         Reason: To safeguard the character and appearance of this building in the interest of visual amenity.

 

4.      Prior to the commencement of development, details of the proposed finishes for all external joinery shall be submitted to and approved in writing by the local planning authority.  The finishes so approved shall not thereafter be changed without the prior written approval of the local planning authority.

 

         Reason: To safeguard the character and appearance of this building in the interest of visual amenity.

 

5.      No development shall take place until the applicanta or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority.  This programme shall be in accordance with a brief prepared by the County Archaeology Service.

 

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

 

6.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order, with or without modification), no windows or dormer windows shall at any time be placed in the north and south elevations of the extension hereby permitted.

 

         Reason: In order to protect the residential amenity of adjacent properties.

 

7.      Prior to the use or occupation of the studio apartments hereby permitted, and at all times thereafter, the windows marked "X" on the approved plans shall be glazed with obscure glass only and shall be non-opening.

 

         Reason: In order to protect the residential amenity of adjacent properties.

 

8.      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-6.00pm, 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.

 

9.      A scheme for the ventilation of fumes and odours arising from the use hereby permitted shall be submitted for the approval of the local planning authority and the use shall not be commenced until the approved scheme has been installed and made fully operational, and thereafter it shall be operated and maintained, as long as the use continues.

 

         Reason: In order to ensure that fumes and odours are properly discharged and in the interests of the amenities of residential property in the locality.

 

10.    Prior to the commencement of development a scheme for the provision of storage, prior to disposal, of refuse, crates, packing cases and all other waste materials shall be submitted for the approval of the local planning authority.  The approved scheme shall be implemented prior to the first occupation of the development hereby permitted.

 

         Reason: In the interests of amenity.

 

11.    Before the development is commenced a scheme for the provision of secure cycle parking on site shall be submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

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

 

12.    Prior to the commencement of the development details of the proposed foul and surface water drainage arrangements shall be submitted to and approved in writing by the local planning authority.  The approved scheme shall be implemented before the first use of the building[s] hereby permitted.

 

         Reason: In order to ensure that satisfactory drainage arrangements are provided.

 

13.    Prior to the commencement of the development hereby approved details of the external finish of the south elevation of the building shall be submitted to and approved in writing by the local planning authority.  The elevation shall be completed in accordance with the details and thereafter maintained.

 

         Reason: In the interest of the amenities of the neighbouring occupier.

 

Informatives:

 

1.      The site is within an Area of Archaeological Importance designated under the Ancient Monuments and Archaeological Areas Act 1979.  The effects of this are that notice is required of any proposed operations which will disturb the ground.  An Operations Notice and accompanying Certificate should be served on Herefordshire Council prior to the commencement of such operations.

 

2.      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.      This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Mr. C. Hall, Area Manager (Central), Thorn Business Park, Rotherwas, Hereford, HR2 6JT Tel: 01432-260786, 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 for the works together with a list of approved contractors.

 

4.      If a connection is required to the public sewerage system, the developer is advised to contact the Dwr Cymru Welsh Water's Network Development Consultants on Tel:  01443 331155.

 

5.      The decision to grant planning permission has been taken having regard to the policies and proposals in the Herefordshire Unitary Development Plan 2007 set out below, and to all relevant material considerations including Supplementary Planning Guidance:

 

Herefordshire Unitary Development Plan 2007:

S1 -        Sustainable development

S2 -                Development requirements

S3 -                Housing

S5 -                Town centres and retail

S6 -                Transport

S7 -                Natural and historic heritage

DR1 -                Design

DR2 -                Land use and activity

DR3 -                Movement

H1 - Hereford and the market towns: settlement boundaries and established residential areas

H13 -                Sustainable residential design

H14 -                Re-using previously developed land and buildings

H15 -                Density

H16 -                Car parking

H17 -                Sub-division of existing housing

TCR1 -             Central shopping and commercial areas

TCR2 -             Vitality and viability

TCR3 -             Primary shopping frontages

TCR4 -             Secondary shopping frontages

TCR6 -             Non-retail uses (Classes A2 and A3)

E5 -                Safeguarding employment land and buildings

T11 -                Parking provision

HBA6 -                New development within conservation areas

ARCH7 - Hereford AAI

 

         This informative is only intended as a summary of the reasons for grant of planning permission.  For further detail on the decision please see the application report by contacting The Hereford Centre, Garrick House, Widemarsh Street, Hereford (Tel: 01432-261563).

 

DCCE2007/0495/C

 

Subject to no further material planning objections being raised that Conservation Area Consent be granted subject to the following conditions:

 

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.

 

Informatives:

 

1.      D01 – Site investigation – archaeology.

 

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

 

3.      N19 - Avoidance of doubt.