Erection of 3 dwellings.

Erection of 3 dwellings.

 

Councillor MAF Hubbard, the Local Ward Member, supported the recommendation of approval but was disappointed that no affordable housing could be incorporated into the scheme.  He noted that the Section 106 Agreement was proposed to benefit the Herefordshire and Gloucestershire Canal Trust and suggested that the Draft Heads of Terms be amended so that the Trust was the first beneficiary, rather than Herefordshire Council, to ensure that the Trust received the contributions.

 

Councillor DB Wilcox supported the application but questioned why officers had not pursued a capital payment from the developer towards the canal.  In response, the Development Control Manager advised that, unlike some recent developments in the area, the proposed development had no direct impact on the protected route of the canal and, therefore, it was not considered that a refusal of planning permission could not be sustained for this reason alone.  However, a further condition was recommended preventing any alterations to the existing rear boundary wall abutting the canal route which would give the opportunity for a contribution to be negotiated in the future should the owner wish to provide direct access to the canal.

 

Some Members commented on the parking situation in Newtown Road and on the need for appropriate conditions to ensure safe access and egress.

 

In response to a question from Councillor WU Attfield, the Central Team Leader advised that Newtown Road had experienced some surface water flooding in recent months but it was understood that the floor levels would be above the highest recorded or estimated flood level for the area and there were no objections from the Environment Agency.

 

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 as set out in the Heads of Terms appended to this report and any additional matters and terms as 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.

 

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.      A02 (Time limit for submission of reserved matters (outline permission)).

 

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

3.      A03 (Time limit for commencement (outline permission)).

 

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

4.      A04 (Approval of reserved matters).

 

         Reason: To enable the local planning authority to exercise proper control over these aspects of the development.

 

5.      A05 (Plans and particulars of reserved matters).

 

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

6.      B01 (Samples of external materials).

 

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

 

7.      C16 (Detailed scheme of demolition operations).

 

         Reason: To minimise the risk of damage to the existing building.

 

8.      E16 (Removal of permitted development rights).

 

         Reason: To enable the local planning authority to retain control over future development at the site including alterations to the boundary treatments in the interests of the visual and residential amenity to the locality.

 

9.      E17 (No windows in side elevation of extension).

 

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

 

10.    E19 (Obscure glazing to windows).

 

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

 

11.    F16 (Restriction of hours during construction).

 

         Reason: To protect the amenity of local residents.

 

12.    W01 (Foul/surface water drainage).

 

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

 

13.    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.

 

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

 

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

 

15.    H05 (Access gates).

 

         Reason: In the interests of highway safety.

 

16.    H06 (Vehicular access construction).

 

         Reason: In the interests of highway safety.

 

17.    H13 (Access, turning area and parking).

 

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

 

18.    H27 (Parking for site operatives).

 

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

 

19.    G01 (Details of boundary treatments).

 

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

 

Informatives:

 

1.      HN01 - Mud on highway.

 

2.      HN04 - Private apparatus within highway.

 

3.      HN05 - Works within the highway.

 

4.      HN10 - No drainage to discharge to highway.

 

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

 

6.      N19 - Avoidance of doubt.