Agenda item

DCCE2007/1825/F - Land Off Withies Road, Withington, Hereford, HR1 3PX [Agenda Item 7]

Erection of 19 dwellings and associated parking, roadworks, services and drainage.

Minutes:

Erection of 19 dwellings and associated parking, roadworks, services and drainage.

 

The Principal Planning Officer reported that:

§             Four further letters of objection had been received in response to the amended plans.  Largely re-iterating comments already made.  In addition, also stating 19 dwellings still represented an over cramming of the site, with 15 being more appropriate, and the cumulative impact along side other developments was unacceptable.  Also, that the re-consultation on the amended plans was incomplete and that West Mercia Constabulary should be consulted on the application with regard to traffic impact and pedestrian safety.

§             A further response had been received from Withington Parish Council stating that, although they originally accepted the amended plans, in light of strong local concerns, they now considered the number of units should be reduced from 19 to a more realistic figure.

§             Comments had also been received form E.on (Central Networks) who raise no objection to the application.

 

The Principal Planning Officer commented that:

§             The amended plans clearly illustrated the impact and appearance of the development and the traffic impact of the development had been assessed by the Traffic Manager, including an assessment of the capacity of the local network to accommodate further traffic associated with the development.

§             The density of the development was almost identical to the other recent development opposite the site and only just above the minimum density threshold set by policy H15 of the UDP.  The density was entirely in keeping with the character of the area and a further reduction in the number of units would be contrary to the requirement to make the most efficient use of housing land in sustainable locations.

§             A change to Part 7 of the draft Section 106 Head of Terms was recommended so that it read ‘The developer shall provide pre and post construction compliance certificate to Herefordshire Council confirming that development has been designed and constructed to level four three’.

 

Councillor DW Greenow, the Local Ward Member, noted that the UDP, and land sale particulars, indicated 15 units on this site and he felt that any additional units would result in over development of the site.  He welcomed the re-orientation of the units facing the road but maintained the view that the proposed density of development was too high.  He commented on concerns regarding water and electricity supplies and traffic speeds along Withies Road, despite the 30mph speed restriction.  He noted that the Parish Council had changed its initial view on the proposals in response to local opposition.  Given these considerations, he felt that the application should be refused.

 

Councillor MD Lloyd-Hayes felt that the proposal was acceptable having regard to the location of the site in a main village and welcomed the 7 affordable units.

 

The Principal Planning Officer advised that: Welsh Water had no objections to 20 units, subject to conditions which would be incorporated into the scheme; the UDP indicated 15 units but this was not informed by detailed layout plans and planning policies emphasised the need to make the most efficient use of land; an adjacent development on a former supermarket site was developed at a density of 32 units per hectare and this proposal, equating to 33.9 units per hectare, was not considered to be out of character with the area.

 

Councillor SJR Robertson felt that the developer had gone some way to address the concerns of the Sub-Committee and welcomed the affordable housing and planning contributions.  Other Members supported this view.

 

Councillor RI Matthews did not feel that the amended plans went far enough and felt that 19 units would appear cluttered on this site, particularly as it backed onto open fields unlike other recent development.  He noted the importance of affordable housing but emphasised the need for adequate infrastructure to support housing development in rural areas.

 

Councillor AT Oliver felt that the construction compliance certificate should be at level four and not three to ensure that a high standard of energy efficiency measures was set.

 

Councillor PJ Edwards noted that the site was very much on the edge of the village and asked for clarification about the ecological considerations.  In response, the Principal Planning Officer advised that the existing hedgerows, with the exception of the roadside hedge, were to be retained and reinforced.  There would be new landscaping introduced and the developer would be required to make contributions towards ecological planting to compensate for the loss of biodiversity and towards new or enhanced open space, play, sport and recreation facilities.  He added that the Parks and Countryside Manager considered it more worthwhile to provide appropriate facilities for the use of the village as a whole rather than a small play area to serve only this development.

 

Councillor Greenow felt that there were risks associated with a central play area, not least the need for children to cross a busy road, and felt that a reduction in the numbers of proposed houses would not only overcome the concerns about density but would also provide additional amenity space on the site.

 

RESOLVED:

 

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 appended to this report and any additional matters and terms he considers appropriate.

 

2)            Upon completion of the aforementioned planning obligation that the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions and any additional conditions considered necessary by officers:

 

3)            That the officers named in the Scheme of Delegation to Officers be authorised to amend the terms of the conditions as necessary to reflect the terms of the planning obligation.

 

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.      B01 (Samples of external materials).

 

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

 

3.      E05 (Restriction on delivery and construction hours).

 

         Reason: In order to protect the amenity of occupiers of nearby properties.

 

4.      E09 (No conversion of garage to habitable accommodation).

 

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

 

5.      E17 (No windows in side elevation of certain properties).

 

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

 

6.      E16 (Removal of permitted development rights).

 

         Reason: To safeguard the appearance of the development and to enable the local planning authority to give consideration of the acceptability of any future alterations or extensions.

 

7.      W01 (Foul/surface water drainage).

 

         Reason: To protect the integrity of the public sewerage system.

 

8.      W02 (No surface water to connect to public system).

 

         Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

 

9.      W03 (No drainage run-off to public system).

 

         Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

 

10.    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.

 

11.    G02 (Landscaping scheme (housing development)).

 

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

 

12.    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.

 

13.    G06 (Scope of landscaping scheme).

 

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

 

14.    G09 (Retention of trees/hedgerows).

 

         Reason: To safeguard the amenity of the area.

 

15.    G13 (Landscape design proposals).

 

         Reason: In the interests of visual amenity.

 

16.    H09 (Driveway gradient).

 

         Reason: In the interests of highway safety.

 

17.    H11 (Parking - estate development (more than one house)).

 

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

 

18.    H17 (Junction improvement/off site works).

 

         Reason: To ensure the safe and free flow of traffic on the highway.

 

19.    H18 (On site roads - submission of details).

 

         Reason: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied.

 

20.    H19 (On site roads – phasing).

 

         Reason: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied.

 

21.    H21 (Wheel washing).

 

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

 

22.    H27 (Parking for site operatives).

 

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

 

23.    H29 (Secure covered cycle parking provision).

 

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

 

24.   Prior to the commencement of the development, the Owner shall provide the Council with a Waste Management Strategy relating to construction waste and the recycling of spoil and other materials excavated from the site and generated by the development.  The development shall be completed in accordance with the agreed strategy.

 

         Reason: To minimise the impact of any waste generated by the development and ensure any waste that is generated is appropriately managed.

 

Informatives:

 

1.      HN01 - Mud on highway.

 

2.      HN05 - Works within the highway.

 

3.      HN08 - Section 38 Agreement details.

 

4.      HN10 - No drainage to discharge to highway.

 

5.             N02 - Section 106 Obligation.

 

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

 

7.      N19 - Avoidance of doubt.

Supporting documents: