For:      Taylor Wimpey & Jennings Estates Ltd per  Drivers Jonas, Cornwall Court, 19 Cornwall Street, Birmingham,  B3 2DY

 

Ward: Pembridge & Lyonshall with Titley

The Principal Planning Officer provided the Sub-Committee with the following updates which had been received:-

 

The Council’s Transportation Manager recommended a condition with regards to Travel Plans, (condition number 14), to be attached to any subsequent approval notice issued. On reflection condition number 14 is considered unnecessary and therefore it is recommended that this condition is deleted from the list of recommended conditions.

 

Section 2 of the Draft Heads of Terms should read as follows:

 

‘The developer or successor in title covenants with Herefordshire Council, to pay Herefordshire Council the sum of £56,000, which sum shall be paid on or before the commencement of development. The monies shall be used by Herefordshire Council towards management and maintenance of the play area’.

 

Therefore deletion of the wording :

 

‘In lieu of the provision of open space on the land to serve the development to pay.

 

Amended plans are awaited from the applicants, (who have agreed to the amendment in writing), with regards to re-positioning of the garage on plot 17, alongside the southern elevation of the application site, and revision to first floor windows on the eastern gable elevation, to indicate one opaque glazed non-opening window instead of two separate windows.

 

The applicants have also in a letter dated 9^th January 2008 confirmed that they are prepared to offer the provision of a cycle/pedestrian route in the direction of The Grove, on land outside the application site, as referred to in Section 8 of the attached Heads of Terms. They have also in principle agreed to the payment of £56,000 towards maintenance and management of the on site play area and the obligation with regards to the over head  power lines across the site. These latter three issues forming the basis of the refusal notice issued in respect of the previous application for development on site.

 

The Sub-Committee welcomed the proposals and felt that local people should be given priority in respect of the ‘affordable’ element of the development.  The Sub-Committee agreed to the alterations suggested by the Principle Planning Officer.

 

RESOLVED

 

That the Head of Legal and Democratic Services be authorised to complete a planning obligation agreement under Section 106 of the Town and Country Planning Act 1990 in accordance with the Heads of Terms set out in the report of the Head of Planning Services and any additional or amended matters which he considers to be necessary and appropriate.

 

Upon completion of the above-mentioned planning obligation agreement, officers named in the Scheme of Delegation be authorised to issue planning permission 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 -        B01 (Samples of external materials )

 

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

 

3 -        C04 (Details of window sections, eaves, verges and barge boards )

 

                 Reason: To safeguard the character and appearance of this building of [special] architectural or historical interest.

 

4 -        C05 (Details of external joinery finishes )

 

                 Reason: To safeguard the character and appearance of this building of [special] architectural or historical interest.

 

5 -        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 urban drainage systems, as detailed within the Flood Risk Assessment dated September 2007 RJZI/MS/2007-106 submitted in support of the application which includes drawing number 2002-106-ZRA-04 has been submitted to and approved in writing by the Local Planning Authority.  Surface water generated from the site shall be limited to the equivalent greenfield run off rate for the site.  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 by ensuring the provision of a satisfactory means of surface water disposal.

 

6 -        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 trapped gullies within an overall capacity comparable with the site being drained.

 

            Reason:  To prevent pollution of the water environment.

 

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

 

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

 

8 -        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.

 

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

 

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

 

10 -         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.

 

11 -         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.

 

12 -         H19 (On site roads - phasing )

 

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

 

13 -         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.

 

14 -         G04 (Landscaping scheme (general) )

 

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

 

15 -   G05 (Implementation of landscaping scheme (general))

         

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

 

16 -                  No plant, materials or equipment shall be deposited on site until a scheme for the protection of the retained trees (section 7, BS59837, the Tree Protection Plan) has been agreed in writing with the LPA.  This scheme shall include:

 

a)         a plan to a scale and level of accuracy appropriate to the proposal that shows the position, crown spread and Root Protection Area (para. 5.2.2 of BS5837) of every retained tree on site and on neighbouring or nearby ground to the site in relation to the approved plans and particulars. The positions of all trees to be removed shall be indicated on this plan.

 

b)         the details of each retained tree as required at para. 4.2.6 of BS5837 in a separate schedule.

 

c)         a schedule of tree works for all the retained trees in paragraphs (a) and (b) above, specifying pruning and other remedial or preventative work, whether for physiological, hazard abatement, aesthetic or operational reasons.  All tree works shall be carried out in accordance with BS3998, 1989, Recommendations for tree work. 

 

d)                written proof of the credentials of the arboricultural contractor authorised to carry out the scheduled tree works.

 

e)         the details and positions (shown on the plan at paragraph (a) above) of the Ground Protection Zones (section 9.3 of BS5837).

 

f)          the details and positions (shown on the plan at paragraph (a) above) of the Tree Protection Barriers (section 9.2 of BS5837), identified separately where required for different phases of construction work (e.g. demolition, construction, hard landscaping). The Tree Protection Barriers must be erected prior to each construction phase commencing and remain in place, and undamaged for the duration of that phase.  No works shall take place on the next phase until the Tree Protection Barriers are repositioned for that phase.

 

g)         the details and positions (shown on the plan at paragraph (a) above) of the Construction Exclusion Zones (section 9 of BS5837).

 

h)         the details and positions (shown on the plan at paragraph (a) above) of the underground service runs (section11.7 of BS5837).

 

i)          the details of any changes in levels or the position of any proposed excavations within 5 metres of the Root Protection Area (para. 5.2.2 of BS5837) of any retained tree, including those on neighbouring or nearby ground.

 

j)          the details of any special engineering required to accommodate the protection of retained trees (section10 of BS5837), (e.g. in connection with foundations, bridging, water features, surfacing)

 

k)         the details of the working methods to be employed for the installation of drives and paths within the RPAs of retained trees in accordance with the principles of No-Dig construction.

 

l)          the details of the working methods to be employed with regard to the access for and use of heavy, large, difficult to manoeuvre plant (including cranes and their loads, dredging machinery, concrete pumps, piling rigs, etc) on site.

 

m)        the details of the working methods to be employed with regard to site logistics and storage, including an allowance for slopes, water courses and enclosures, with particular regard to ground compaction and phytotoxicity.

 

n)         the details of the method to be employed for the stationing, use and removal of site cabins within any RPA (para. 9.2.3 of BS5837).

 

o)         the details of tree protection measures for the hard landscaping phase (sections 13 and 14 of BS5837).

 

p)         the timing of the various phases of the works or development in the context of the tree protection measures.

 

17 -                  No plant, materials or equipment shall be deposited on site until a specification of all proposed tree planting has been approved in writing by the LPA.  This specification will include details of the quantity, size, species, position and the proposed time of planting of all trees to be planted, together with an indication of how they integrate with the proposal in the long term with regard to their mature size and anticipated routine maintenance.  In addition all shrubs and hedges to be planted that are intended to achieve a significant size and presence in the landscape should be similarly specified. All tree, shrub and hedge planting included within that specification shall be carried out in accordance with that specification and in accordance with BS 3936 (parts 1, 1992, Nursery Stock, Specification for trees and shrubs, and 4, 1984, Specification for forest trees); BS4043, 1989, Transplanting root-balled trees; and BS4428, 1989, Code of practice for general landscape operations (excluding hard surfaces).

 

 18 -     If within a period of five years from the date of planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted, destroyed or dies, (or becomes in the opinion of the LPA seriously damaged or defective), another tree of the same species and size originally planted shall be planted at the same place, unless the LPA gives its written consent to any variations.

 

19 -                  There shall be no further fencing erected alongside the northern boundary of the application site.  (Adjacent to the B4362 public highway).

 

            Reason:  In the interests of the rural amenity of the surrounding landscape.

 

20 -         C10 (Details of rooflights )

 

                 Reason: To ensure the rooflights do not break the plane of the roof slope in the interests of safeguarding the character and appearance of this building of [special] architectural or historical interest.

 

21 -      The first floor window in the eastern elevation of the dwelling located on Plot Number 5 as indicated on the Planning layout - drawing number 13045/05/01G will be in opaque glazing and non-opening.

 

Reason:  In order to protect the privacy and amenity of the adjoining dwelling to the application site.

 

            Informatives:

 

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

 

2 -        N19 - Avoidance of doubt