For:      Mr & Mrs M Claffey per Aedas Architects Ltd, Parsonage Chambers, 3 The Parsonage, Manchester, M3 2HW.

Ward:  Hope End

In accordance with the criteria for public speaking, Mr Browning of Colwall Parish Council and Mr Jolly, the Agent acting for the applicants, spoke in favour of the application. 

The Principal Planning Officer explained that the officers were in favour of the application because the proposal was for a dwelling which would be exceptional in respect of its design and eco-friendly attributes.  The Development Control Manager said that although the proposal was for a new dwelling in the open countryside and contrary to some policies, it was acceptable by virtue of its exceptional quality and innovative design.  He felt that it would enhance the setting of the neighbouring listed buildings and landscape.  The Sub-Committee concurred with the view of the officers.

RESOLVED

That planning permission be granted subject to the following conditions:

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 -     Prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:-

·         Written details and samples of all external materials to the dwelling

·         Written details and samples of the surfacing materials to the driveway

·         Full details of the fenestration system

The development shall not commence until the local planning authority has given such written approval. The development shall be carried out in strict accordance with the approved details and thereafter maintained as such;

         Reason: - To ensure a satisfactory appearance to the development, to safeguard the setting of the neighbouring listed buildings and to safeguard the character of the Area of Outstanding Natural Beauty.

3 -      Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order), no development normally permitted by that Order shall be carried out without the express consent of the Local Planning Authority.

         Reason: To safeguard the architectural integrity of the dwelling hereby permitted, to safeguard the setting of the neighbouring listed buildings and to safeguard the character of the Area of Outstanding Natural Beauty.

4 -     All planting, seeding and turfing in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of the dwelling hereby permitted or the completion of the development (whichever is the sooner). Any trees or plants which within a period of ten years from 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.

         Reason: To ensure a satisfactory setting to the building hereby permitted and to enhance the Area of Outstanding Natural Beauty.

5 -     Prior to the first occupation of the dwelling hereby permitted the new driveway, integral garaging and turning / manoeuvring area(s) for motor vehicles and secure cycle storage facilities shown upon the approved plans shall be implemented. Thereafter these areas and facilities will be kept available for such use.

         Reason: In the interests of highway safety and to safeguard the setting of the building hereby permitted, the neighbouring listed buildings and the Area of Outstanding Natural Beauty.

6 -     The buildings shown upon the approved plans to be demolished shall be demolished and all resultant materials removed from the land prior to the first occupation of the dwelling hereby permitted.

         Reason: To safeguard the architectural integrity of the dwelling hereby permitted, to safeguard the setting of the neighbouring listed buildings and to safeguard the character of the Area of Outstanding Natural Beauty.

7 -     The demolition referred to in condition 6. above shall not take place between 1st March and 31st August (inclusive) in any calendar year, unless otherwise approved in writing by the Local Planning Authority.

         Reason: To ensure that the law is not breached with regard to nesting birds which are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats) Regulations 1994 and policies NC1, NC5, NC6 and NC7 of the Herefordshire Unitary Development Plan 2007.

8 -     Prior to commencement of the development hereby permitted the following matter shall be submitted to the Local Planning Authority for their written approval:-

         Full details of a habitat creation scheme (to include details of boxes for nesting birds and bats).

         The development shall not commence until the Local Planning Authority has given such written approval. The approved details shall be fully implemented prior to the first occupation of the dwelling hereby permitted and shall thereafter be maintained as such;

         Reason: To ensure that the law is not breached with regard to nesting birds which are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats) Regulations 1994 and policies NC1, NC5, NC6 and NC7 of the Herefordshire Unitary Development Plan 2007.

9 - Prior to the first occupation of the dwelling house hereby permitted the development shall be carried out in full accordance with the EcoHomes 2006 Pre-assessment Report BREAM dated 05/04/2007 prepared by Scott-Wilson received 23^rd April 2007 and thereafter be maintained as such;

           Reason:- To ensure that the sustainable building credentials of the development which represent one of the reasons for granting this planning permission are both provided and maintained.

10 -  Prior to commencement of the development hereby permitted, full details of all external lighting to be installed upon the site (including upon the external elevations of the building), if any, shall be submitted to the Local Planning Authority for their written approval.  No external lighting shall be installed upon the site (including upon the external elevations of the building) without the prior written consent of the Local Planning Authority.  The approved external lighting (including upon the external elevations of the building) shall be installed in full accordance with the approved details and thereafter maintained in accordance with those details.

         Reason:  To safeguard the character and appearance of the countryside which hereabouts is designated as an Area of Outstanding Natural Beauty and to safeguard the architectural integrity of the development.

Informatives:

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

2 -     The reason for the granting of this planning permission contrary to the provisions of the Development Plan is that the scheme is considered to comply with paragraph 11 of Planning Policy Statement 7.

3 -     N19 - Avoidance of doubt