For:            Herefordshire Council per Hunter Page Planning Ltd, Thornbury House, 18 High Street, Cheltenham GL50 1DZ

 

Ward: Ross-on-Wye East

The Southern Team Leader provided the Committee with the following updates:-

 

The final Framework Travel Plan was received from Pinnacle Transportation Limited on behalf of the applicants on 9^th January 2008.

 

The Highways Agency have issued a revised TR110 directing that any planning permission which the planning authority may grant shall include the following conditions for the reasons given:

 

No development within the application area shall be undertaken until the proposed site access shown on drawing number Figure 3.1 Rev A, including any subsequent revisions has been completed to the satisfaction of the Local Planning Authority after consultation with the Highways Agency.

 

No part of the development shall be occupied until a Travel Plan has been agreed by the developer and the Local Planning Authority in consultation with the Highways Agency (Acting on behalf of the Secretary of State). Such a Travel Plan shall be implemented through delivery mechanisms and approved by the Local Planning Authority in consultation with the Highways Agency. 

 

Reason for the direction given:

 

To ensure the A40 trunk road continues to be an effective part of the system of routes for through traffic in accordance with Section 10(2) of the Highways Act 1980 to protect the interest of road safety on the Trunk Road.

 

To satisfy the aims of PPG13 in reducing reliance on the use of private motor vehicles in order to promote sustainable transport choices to and from the site.

 

Note to applicant:

 

The highway proposals associated with this consent involve works within the public highway, which is land over which you have no control. The Highways Agency therefore requires you to enter into a suitable legal agreement to cover the design and construction of the works. Please contact Mr Colin Gimblett of the highways Agency’s Area 2 S278 team, at an early stage to discuss the details of the highways agreement, his contact details are as follows, telephone number 0117 372 8239 or Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6HA.

 

The view of the Officers was that the response from the Highways Agency resolved the outstanding highway matters.

 

The Southern Team Leader presented the details of the application which had been submitted to the Committee because it involved Council owned land.  The Committee welcomed the proposals for the creation of vital additional employment land in the area which would considerably help the local economy, and thanked the Officers for their hard work in arriving at such a satisfactory scheme.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1       The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last reserved matters to be approved, whichever is the later.

 

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

 

2    Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

 

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

 

3    Approval of the details of the layout, scale, appearance and landscaping (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced.

 

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

 

4       Plans and particulars of the reserved matters referred to above relating to the layout, scale, appearance and landscaping, shall be submitted in writing to the local planning authority and shall be carried out as approved.

 

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

 

5       Prior to the commencement of the hereby permitted development, full landscape details, including the treatment of the landscape buffer zone, (annotated with a cross hatch on the approved plans), shall be submitted in writing with appropriate scaled plans, to the Local Planning Authority, for written approval. Works shall be carried out in accordance with the approved landscaping plans in the first planting season following the completion of the development or prior to the occupation of the first dwelling, whichever is the sooner, and thereafter maintained as such.

 

Reason: To ensure a satisfactory appearance to the development within the landscape, and safeguard the amenity of future occupiers of the residential development, in accordance with Herefordshire Unitary Development Plan policies S1, S2, DR1, DR2 and DR13.

 

6       All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the 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.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5-year defects period.

 

Reason:  In order to protect the visual amenities of the area.

 

 

 

7       None of the existing trees and/or hedgerows on the site shall be felled or wilfully damaged or destroyed.  The detailed plans to be submitted with the matters reserved in this permission shall show accurately the position, spread and species of each existing tree/hedgerow on the site, how these are to be incorporated into the layout of the development and measures for their protection during the construction period.

 

Reason: To safeguard the amenity of the area.

 

8       The development hereby permitted shall not be brought into use until the access, turning area and parking facilities shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the local planning authority and these areas shall thereafter be retained and kept available for those uses at all times.

 

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

 

9       H08 (Access closure )

 

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

 

10     H30 (Travel plans )

 

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives.

 

11     D03 (Site observation - archaeology )

 

Reason: To allow the potential archaeological interest of the site to be investigated and recorded.

 

12     No development shall take place until a Site Waste Management Plan has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the provisions of the approved Plan.

 

Reason: In the interests of pollution prevention and efficient waste minimisation and management so as to comply with Policies S10 and DR4 of the Herefordshire Unitary Development Plan 2007.

 

13     Foul water and surface water discharges shall be drained separately from the site.

 

Reason: To protect the integrity of the Public Sewerage System.

 

14     No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system unless otherwise approved in writing by the Local Planning Authority.

 

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.

 

15     Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

 

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

 

16     No development shall commence until the Developer has prepared a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with and this has been approved in writing by the Local Planning Authority in liaison with Dwr Cymru Welsh Water's Network Development Consultant.

 

Reason: To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs to the environment or the existing public sewerage system.

 

17     No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system including the use of Sustainable drainage systems, as detailed within the Flood Risk Assessment dated October 2007, including plan 30802/PDL_01 Rev A dated October 2007, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority, in consultation with the Environment Agency.

 

Reason: To prevent the increased risk of flooding and provide water quality benefits and biodiversity enhancements by ensuring the satisfactory means of surface water disposal.

 

18    Soakaways and other infiltration systems shall only be used in areas on site where they would not present a risk to groundwater, demonstrated through a ground investigation including maximum seasonal height of the water table and the ground permeability. If permitted their location must be approved in writing by the Local Planning Authority. No soakaways shall be constructed such that they penetrate the water table and they shall not in any event exceed 3 metres in depth below existing ground level.

 

Reason: To prevent pollution of controlled waters.

 

19     Prior to the commencement of development a scheme for the collection and disposal of highway run-off shall be submitted to and approved in writing by the Local Planning Authority in consultation with the Environment Agency. The scheme shall be carried out and implemented in accordance with the approved plans.

 

Reason: To prevent pollution of controlled waters.

 

 

 

 

 

 

20     Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

 

Reason: To prevent pollution of the water environment.

 

21     All facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

 

Reason: To prevent pollution of the water environment.

 

22     No development shall commence on site until a habitat management and enhancement scheme based upon the recommendations in section 5 of the ecologist's report dated September 2007 has been submitted to the Local Planning Authority, in order to protect and enhance the habitats on site for wildlife and biodiversity. The scheme shall include a mitigation strategy for badgers, and be implemented as approved unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: To ensure all species of bat and their roosts are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats) Regulations 1994 (as amended) and policies NC1, NC5, NC6 and NC7 within the Unitary Development Plan.

 

23     Prior to commencement of development a biodiversity enhancement scheme for the landscape buffer zone shall be submitted to the Local Planning Authority and shall include an extended Phase 1 survey of the existing habitats and a future management plan. This shall be implemented as approved.

 

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

 

24     If development does not take place before March 2009 update surveys for protected species shall be undertaken prior to development and a report submitted to the Local Planning Authority. A mitigation and compensation strategy should also be submitted if found to be present.

 

Reason: To comply with Herefordshire Council's Policy NC8 and NC9 in relation to Nature Conservation and Biodiversity to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006.

 

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

 

Reason: To conserve and enhance protected habitat and to maintain the foraging area for protected species in compliance with UDP policies NC6, NC7, NC8 and NC9 and Planning Policy Statement 9.   

 

INFORMATIVES:

 

1       The applicant should be aware that pursuant to section 23 of the Land Drainage Act 1991, the prior consent of the Agency is required for the erection of any mill, dam, weir or other like obstruction to the flow of an ordinary watercourse or raise or otherwise alter such an obstruction; or erect any culvert that would be likely to affect the flow of any ordinary water course or alter any culvert in a manner that would be likely to affect any such flow. Any culverting of a watercourse also requires the prior written approval of the Local Authority under the terms of the Public Health Act 1936. The Agency resists culverting on conservation and other grounds and consents for such work will not normally be granted except for access crossings.

 

2       There must be no discharge of foul or contaminated drainage from the site into either groundwater or surface waters, whether direct or via soakaways.

 

3    Roofwater drainpipes should be connected to the drainage system either directly, or by means of back inlet gullies provided with sealing plates instead of open gratings.

 

4       HN25 - Travel plans

 

5       In connection with Condition 10, the applicant is advised that the annual Travel Plan Review must include a survey of staff/resident travel patterns and attitudes to travel. (For businesses employing less than 50 people and for residential developments of less than 50 units, a travel survey will only be required every two years). For residential developments, the review should also include traffic counts and an assessment of trips by mode. Applicants are encouraged to conduct their own monitoring and review process. However, they may choose to engage outside consultants to manage the process on their behalf. Council officers can also provide monitoring services for Travel Plan reviews and for this a request should be made to the Sustainable Transport Officer, Herefordshire Council Transportation Unit, PO Box 236, Plough Lane, Hereford, HR4 0WZ