Site for 5 dwellings, comprising 3 no. 4 bedroom two-storey dwellings and 2 no. semi-detached 3 bedroom dwellings.

Site for 5 dwellings, comprising 3 no. 4 bedroom two-storey dwellings and 2 no. semi-detached 3 bedroom dwellings.

 

The Principal Planning Officer reported the following:

 

• Two further letters have been received from the applicants’ agent. The following main points are made:

 

-                 my clients are in agreement that a 7 metres access strip be provided and that footpath issues can be resolved at a later date

-                 confirm that the number of houses can be agreed mutually at a later date

 

He also advised members that the applicant had agreed to alter the description to that of residential development without specifying the number of dwellings at this stage.

 

In accordance with the criteria for public speaking Mr Jones, a neighbouring resident, spoke in objection to the application and Mr Ponting, the applicant’s agent, spoke in support.

 

Councillor H Bramer was concerned that the number of dwellings had now been removed from the application title. He Felt that members would be happier to grant permission if they knew how many dwellings were planned. In response to comments by Councillor Bramer, the Southern Team Leader advised members that the original application referred to 5 dwellings In the title. He felt that these details should be determined when the application came back to committee for full consent.

 

Councillor JG Jarvis felt that the indicative plan supplied by the agent showing 5 dwellings was not acceptable. He felt that the applicant should aim to reduce the number of proposed dwellings on the site.

 

RESOLVED

 

That subject to the description being revised omitting mention of 5 dwellings, 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.      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.

 

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

 

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

 

3.      A04 (Approval of reserved matters)

 

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

 

4.      A05 (Plans and particulars of reserved matters)

 

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

 

5.   Finished floor levels shall be set no lower than 72.37m AOD unless otherwise agreed in writing by the local planning authority.

 

         Reason:  To protect the development from flood risk for the lifetime of the development.

 

6.      There shall be no new buildings, structures (including gates, walls and fences) or raised ground levels within

 

a)       7 metres of the top of any bank of the watercourse (Dulas Brook), inside or along the boundary of the site, unless agreed otherwise in writing by the local planning authority.

 

         Reason:  To maintain access to the watercourse for maintenance or improvements and provide for any overland flood flows.

 

7.      The proposals outlined in the ecologist's report should be followed unless otherwise agreed in writing with Herefordshire Council.

 

         Reason:  To comply with Herefordshire Council's Policy NC.8 and NC.9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS.9 Biodiversity and Geological Conservation and the NERC Act 2006.

 

         To conserve and enhance protected habitat and to maintain the foraging area for protected species in compliance with Unitary Development Plan Policies NC.6, NC.7, NC.8 and NC.9 and PPS.9.

 

8.      A work programme should be devised for the site to ensure that the birds are not disturbed during nesting from March to August inclusive.

 

         Reason:  To ensure the law is not breached with regard to nesting birds which are protected under the Wildlife and Countryside Act 1981, the Countryside and Rights of Way Act 2000 and Policies NC.1, NC.5, NC.6 and NC.7 within the Unitary Development Plan.

 

9.      A habitat enhancement scheme based upon the recommendations of the ecologist's report accompanied by a management strategy should be produced and specified in a method statement for submission to Herefordshire Council in order to enhance the habitat on the site for wildlife.  This should include a 10 metre wide buffer zone unless otherwise agreed with Herefordshire Council.

 

         Reason: To comply with Herefordshire Council's Policy NC.8 and NC.9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS.9 Biodiversity and Geological Conservation and the NERC Act 2006.

 

         To conserve and enhance protected habitat and to maintain the foraging area for protected species in compliance with Unitary Development Plan Policies NC.6, NC.7, NC.8 and NC.9 and PPS.9.

 

10.    Details of the location and type of fencing to be erected during development works should be submitted prior to development.

 

         Reason:  To conserve and enhance protected habitat and to maintain the foraging area for protected species in compliance with Unitary Development Plan Policies NC.6, NC.7, NC.8 and NC.9 and PPS.9.

 

11.    An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee ecological mitigation and enhancement work.

 

         Reason:  To comply with Herefordshire Council's Policy NC.8 and NC.9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS.9 Biodiversity and Geological Conservation and the NERC Act 2006.

 

         To conserve and enhance protected habitat and to maintain the foraging area for protected species in compliance with Unitary Development Plan Policies NC.6, NC.7, NC.8 and NC.9 and PPS.9.

 

12.    H03 (Visibility splays)

 

         Reason: In the interests of highway safety.

 

13.    H07 (Single access - outline consent)

 

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

 

14.    H12 (Parking and turning - single house)

 

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

 

15.    W01 (Foul/surface water drainage)

 

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

 

16.    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.

 

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

 

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

 

18.    H28 (Public rights of way)

 

         Reason: To ensure the public right of way is not obstructed.

 

Informative(s):

 

1.      Note to condition 6:

 

         Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of The Agency is required for any proposed works or structures in, under, over or within 7 metres of the top of the bank of the main river (Dulas Brook).

 

2.      N19 - Avoidance of doubt

 

3.      N15 - Reason(s) for the Grant of Planning Permission