Erection of 2 no. detached houses and replacement garage for no. 17 Walney Lane and associated access works.

Erection of 2 no. detached houses and replacement garage for no. 17 Walney Lane and associated access works.

 

The Principal Planning Officer reported the following:

§         The applicants had undertaken an ecological survey which had not revealed the presence of any protected species on site but advised that bats and badgers were present locally and some mitigation was recommended.  Therefore, an additional condition requiring the installation of bat boxes and badger protective boundary fencing was suggested.

§         It was recommended that condition 13 be amended to require the development to connect to the mains drain when available.

 

In accordance with the criteria for public speaking, Mr. Boddington spoke in objection to the application.

 

Councillor NL Vaughan, a Local Ward Member, felt that the widening of the existing access could result in additional traffic and indiscriminate parking which would be detrimental to the character of the lane.

 

Councillor DB Wilcox, the other Local Ward Member, welcomed the reduction in the number of proposed dwellings, from three to two, and commented on the value of the site inspection that had been held.  He felt that the main issue was the impact of traffic movements on the lane and questioned the removal of a proposed passing bay from the scheme.  He also welcomed the condition in respect of connection to the main drain.

 

The Area Engineer (South) advised the Sub-Committee that it was considered that a passing bay in the position suggested would provide negligible benefit and that the revised access and the provision of a turning head would mitigate the impact of the development.  In response to a question, he said that a Traffic Regulation Order might be necessary if parking became a problem as a result of the access widening.

 

In response to questions, the Principal Planning Officer advised that: he was not aware of a section of historic stone wall referred to by the speaker and explained how the widening of the access would be achieved; there was a need to balance the preservation of the character of the lane and highway safety considerations; the Conservation Manager did not have any objections to the proposal; and access for emergency vehicles would be improved through the provision of the turning head.

 

Councillor AT Oliver, referring to policies S1 (Sustainable development) and S7 (Natural and historic heritage), commented on the importance of preserving local distinctiveness and felt that this site and the residential and visual amenities enjoyed by local residents should be safeguarded.

 

Councillor AM Toon commented on the potential problems with private drainage systems.  She also asked whether any planning contributions could be secured from the developer.  The Development Control Manager responded by advising that, under current policies, the scale of development was below the threshold at which contributions could be required.

 

Councillor PA Andrews did not feel that there were sufficient planning reasons to warrant refusal of this application.  She added that the mitigation measures proposed should minimise the impact of the development.  A number of members concurred with these views and supported the application.

 

In response to questions, the Principal Planning Officer explained the circumstances involved which resulted in the imposition of a general Tree Preservation Order on the site and that, following landscape and ecology assessment, it was considered that some trees were not worthy of retention and the design of the proposal had been informed accordingly.

 

Councillor Vaughan re-iterated concerns about the potential for indiscriminate parking.  Councillor Wilcox suggested that any parking restriction works required as a result of the development should be at the applicant’s cost.

 

RESOLVED:

 

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.    Notwithstanding the submitted details, no development shall take place until 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.      The works identified on drawing no. 06061067/09B relating to the widened access off the junction between Aylestone Hill and Walney Lane and new turning head access into the site shall be completed prior to work commencing on the construction of the dwellings hereby approved in accordance with details to be submitted to and approved in writing by the local planning authority prior to the commencement of development.  The details shall also include measures to prevent/discourage indiscriminate parking in the widened section of Walney Lane and turning head.

 

         Reason: In the interests of highway safety.

 

4.      Prior to the use or occupation of the dwelling identified on drawing number 0606106722 on Plot 2, and at all times thereafter, the window at first floor on the northern and north west elevations on the approved plans shall be glazed with obscure glass only.

 

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

 

5.      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 8.00 am-6.00pm, Saturday 8.00 am-5.00 pm nor at any time on Sundays, Bank or Public Holidays.

 

         Reason: To protect the amenity of local residents.

 

6.      No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, height, materials and type of boundary treatment to be erected including the retaining structure along the western boundary.  The boundary treatment shall be completed before the dwellings are occupied.  Development shall be carried out in accordance with the approved details.

 

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

 

7.      No development shall take place until there has been submitted to and approved by the local planning authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of those to be retained and any necessary tree surgery.  All proposed planting shall be clearly described with species, sizes and planting numbers.

 

         Reason: In order to protect the visual amenities of the area.

 

8.      All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year defects period.

 

         Reason:  In order to protect the visual amenities of the area.

 

9.      The landscaping scheme required by condition No. 7 above shall include the following:

 

         (a)     Full details of all existing physical and landscape features on the site including the position, species, height, girth, spread and condition of all trees, clearly distinguishing between those features to be retained and those to be removed.

         (b)    Full details of all proposed fencing, screen walls, hedges, floorscape, earth moulding, tree and shrub planting.

 

         Reason: In order that the local planning authority may be satisfied that the deposited scheme will meet their requirements.

 

10.    No development shall be commenced on the site or machinery or materials brought onto the site for the purpose of development until adequate measures have been taken to prevent damage to those trees which are to be retained.  Measures to protect those trees shown must include:

 

         (a)     a plan to a scale and level of accuracy appropriate to the proposal that shows the position of every tree on site with a stem diameter over the bark measured at 1.5 metres above ground level or at least 75 millimetres.  In addition any tree on neighbouring or nearby ground to the site that is likely to have an effect upon to be affected by the proposal (e.g. by shade, overhang from the boundary, intrusion of the Root Protection Area (para. 5.2.2 of BS5837, 2005, Trees in relation to construction - Recommendations) or general landscape factors) must be shown.

 

         (b)    the details of each tree as required at para. 4.2.6 of BS5837 in a separate schedule.

 

         (c)     a schedule of tree works for all the trees in paragraphs (a) and (b) above, specifying those to be removed, pruning and other remedial or preventative work.

 

         (d)    the details of any proposed alterations to the existing ground levels or the position of any proposed excavations within 5 metres of the Root Protection Area (para. 5.2.2 of BS5837) of any retained tree, including those on neighbouring ground.

 

         (e)    the details of the appropriate tree protection measures for every retained tree before and for the entire duration of the course of the development.

 

         (f)     a statement setting out the principles of arboricultural sustainability in terms of landscape, spatial integration and post development pressure.

 

         In this condition 'retained tree' means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above.

 

         Reason: To ensure adequate protection of existing trees which are to be retained, in the interests of the character and amenities of the area.

 

11.    Details of any excavations or trenches beneath the canopy of any trees to be retained shall be submitted to and agreed in writing with the local planning authority prior to the commencement of development.  Where excavations are carried out beneath the canopy of any tree to be retained on land or on adjoining land, no roots of those trees of a diameter of 2.5 cm or more shall be severed, without the agreement of the local planning authority.  In order to achieve this requirement all excavations shall be carried out by hand tools.  The excavations shall be backfilled with sub-soil and a minimum depth of 600 mm good quality stone free loamy top soil of similar p.h. to the original.  Any subsequent settlement shall be made good with similar top soil.

 

         Reason: To prevent the unnecessary damage to or loss of trees.

 

12.    The development hereby permitted shall not be brought into use until the access, turning area and parking facilities shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the local planning authority and these areas shall thereafter be retained and kept available for those uses at all times.

 

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

 

13.    Development shall not begin until parking for site operatives and visitors has been provided within the application site in accordance with details to be submitted to and approved by the local planning authority and such provision shall be retained and kept available during construction of the development.

 

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

 

14.    Any new access gates/doors shall be set back 8 metres from the adjoining carriageway edge and shall be made to open inwards only.

 

         Reason: In the interests of highway safety.

 

15.    The dwellings hereby permitted shall not be occupied until evidence documenting the foul drainage connection to the mains sewer has been submitted and approved in writing by the local planning authority.

 

         Reason: To ensure satisfactory drainage arrangements are provided.

 

16.    No development shall take place until a Wildlife Protection Plan for construction has been submitted to and approved in writing by Herefordshire Council.  The plan shall include:

 

         (a)     An appropriate scale plan showing 'Wildlife Protection Zone' where construction activities are restricted and where protective measures will be installed or implemented;

         (b)      Details of protective measures (both physical measures and sensitive working practices) to avoid impacts during construction;

         (c)     A timetable to show phasing of construction activities to avoid periods of the year when sensitive wildlife could be harmed (such as the bird nesting season).

 

         All construction activities shall be implemented in accordance with the approved details and timing of the plan unless otherwise approved in writing by the local planning authority.  An ecological clerk of works shall be appointed to oversee demolition of the coach house and implementation of the above plan.

 

         Reason: To conserve and enhance protected habitat and to maintain the foraging area for protected species in compliance with PPS9 and Unitary Development Plan Policies NC6, NC7, NC8 and NC9.

 

17.    No development shall commence until details of the provisions to be made for a bat box have been submitted to and agreed in writing with the local planning authority.  The bat boxes shall be provided in accordance with the approved details prior to the first occupation of the dwellings hereby approved.

 

         Reason: To ensure the nature conservation interest of the site is protected.

 

18.    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/dormer windows [other than those expressly authorised by this permission] shall be constructed in the north and north west elevation of first floor of Plot 2 as identified on drawing number 06061067-22.

 

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

 

Informatives:

 

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

 

2.      N19 - Avoidance of doubt.

 

3.      HN1 – Mud on highway.

 

4.            HN5 – Works within the highway.

 

5.            HN7 – Section 278 Agreement.

 

6.            HN8 – Section 38 Agreement details.

 

7.      HN21 – Extraordinary maintenance.