For:      Taylor Woodrow Developments Limited per RPS Planning, 155 Aztec West, Almondsbury, Bristol, 

BS32 4UB

Ward: Leominster North

The Principal Planning Officer presented the application and said that those trees which were not worthy of retention or which were not suitable for a residential site would be removed and replaced with those which were deemed more suitable by the officers. He presented the following updates:

Representations

Leominster Town Council have raised a query regarding the bus gate from the application site onto Far Meadow Road and whether the design of this was approved under the outline planning permission.  Their opinion on the subject reads as follows:

“Prevention of use of the bus route by unauthorised vehicles would be vital to the comfort and safety of future residents and the only way to achieve this, in my view, would be the implementation of a rising bollard system, radio controlled from the bus.  We should not be fobbed off with inferior ‘sleeping policemen’ type traffic calming.  There must be an effective discretionary entrance, allowing access by buses as appropriate and emergency vehicles when necessary.

I would be much obliged if you would give your assurance that there will be an agreement between Herefordshire Council and the developers to provide a controlled bus access along the lines outlined above.”

A further letter has also been received from Mr Barker of 26 Far Meadow Road, also referring to the bus gate and requesting that a rising bollard system is used.  He further queries whether the route will obstruct access to his garage.

Officer’s Response

Details of the bus gate are contained within the Transportation Assessment that accompanied the outline planning application.  The plan shows a solution whereby a ‘pinch point’ of 3.5 metres and a series of priority signs and those advising that access is only for buses and cycles.

The plan does not, in your Officer’s opinion, form part of the outline approval as such.  However, the bus gate will be adopted as part of the Section 38 Agreement for the site as a whole and will have to be constructed to an agreed standard.  It will also serve as an access for the emergency services and must meet an acceptable standard to them.  Advice from the Council’s Senior Engineer responsible for adoption of highways is that this is unlikely to include the provision of a rising bollard system.

With regard to Mr Barker’s comments, the bus gate is contained entirely within the application site and does not obstruct access to the garage to the rear of 26 Far Meadow Road.

In accordance with the criteria for public speaking, Mr Jessop an objector, spoke against the application and Mr Pollock, the Agent acting for the applicants, spoke in favour. 

Councillor Mrs JP French one of the Local Ward Members said that the recent public meeting about the application had been very successful and she expressed her appreciation for the very clear and informative presentation by the Development Control Manager. She felt that the meeting was much more effective than staging an exhibition.  She said that there had been some concerns raised about traffic routes, cycle routes and bus provision but that this would be subject to an appropriate design by the by the  Council’s Transportation Department in consultation with Planning Services and a scheme funded through the planning obligation money of £600,000.  She referred to the tree planting proposals and asked for the inclusion of mature trees as well as saplings to be included in the landscaping design.   She also felt that further work should be done in respect of the site levels for Phase 5 of the development because of concerns raised about the dominance of the three-storey blocks on the northern boundary of the site. She had concerns about the  proposals for surface drainage and the design of the bus gate which needed to be subject to further discussion.  She also proposed the removal of permitted development rights and that the above points should be the subject of further discussions between the Chairman,  Local Ward Members and the Officers.

The Principal Planning Officer said that appropriate conditions could be imposed about the floor levels of the three-storey flats to meet the concerns raised.  The Area Engineer (Development Control) expressed reservations about the maintenance and reliability issues regarding the proposed rising bollards for the bus gate.  The Northern Team Leader said that the drainage proposals had been dealt with at outline planning stage and that no problems had been identified. Councillor WLS Bowen was disappointed that the scheme did not include more in respect of environmental issues such as eco-orientation of the dwellings and solar heating, together with individual storage for cycles rather than a communal area.

RESOLVED

that subject to the conditions considered necessary by the officers in consultation with the Chairman and Local Ward Member regarding the withdrawal of permitted development rights, grown trees to be included in the landscape scheme, site levels of the three-storey units in Phase 5, surface drainage and the design of the bus gate:

1.      The Head of Legal and Democratic Services be authorised to complete a Deed of Variation to the planning obligation under Section 106 of the Town & Country Planning Act 1990 signed under planning application reference DCNC2005/0917/0.  The Deed of Variation shall refer specifically to the deletion of the requirement for Local Areas of Play (LAPs) to be equipped.

2.      Upon completion of the aforementioned Deed of Variation, the Officers named in the Scheme of Delegation to Officers be authorised to issue planning permission, subject to the following conditions:

(i)    A09  (Amended plans)

Reason: To ensure the development is carried out in accordance with the amended plans.

(ii)            B01 – Samples of external materials.

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

(iii)       C04 -  Details of window sections, eaves, verges and barge boards

Reason:  To secure the appearance of the development as a whole.

(iv)            E09 - No conversion of garage to habitable accommodation.

Reason: To ensure adequate off street parking arrangements remain available at all times.

(v)       Landscaping along the southern boundary of the site shall be carried out in accordance with the details shown on Drawing no. ACJ 4851/310 Rev.D received by the local planning authority on 6th June 2007.  The approved landscaping shall be carried out in the first planting season following the date of this permission

Reason:  In the interests of the residential amenity of adjoining dwellings.

(vi)      Prior to the commencement of development, details for the provision of water butts shall be submitted to and approved in writing by the local planning authority.  The provision shall be for a minimum of 50% of the residential units hereby approved.

Reason:  In order to achieve a sustainable form of development.

         INFORMATIVES

1.     The attention of the applicant is drawn to the conditions on the outline planning permission granted on 10th October 2006. Reference No. DCNC/0917/0.  This application for the approval of reserved matters is granted subject to these conditions.

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

3.   Avoidance of doubt.