Erection of nine apartments with associated car parking and landscaping.

Ward: Tupsley

Erection of nine apartments with associated car parking and landscaping.

 

The following update was reported:

·       An e-mail had been received from the applicant in support of the application, pointing out the compliance with policy and the sustainable location.

 

In accordance with the criteria for public speaking, Mrs. Tagg spoke in support of the application.

 

Councillor MD Lloyd-Hayes, a Local Ward Member, commented on local residents’ concerns about the loss of trees but felt that, subject to sensitive management of the landscape, the proposal was acceptable.  In response to a question, the Senior Planning Officer advised that the Nature Conservation Management Plan was a voluntary undertaking by the applicant and was supported by the Conservation Manager (Ecology).

 

Councillor WJ Walling, a Local Ward Member, considered the proposal to be well thought out, welcomed the proposed planning obligation agreement and felt that the design would complement the Conservation Area.

 

Councillor AP Taylor, the other Local Ward Member, supported the application, especially given the incorporation of solar panels and other sustainable measures in the scheme.

 

Councillor PJ Edwards noted that the report stated (in paragraph 6.6, page 17) that the roof provided ‘ample opportunity for the introduction of solar panels as demonstrated on the architectural drawings’ and he felt that the panels should be required as part of any planning permission granted, particularly given emerging planning policy on renewable energy schemes.  The Senior Planning Officer advised that a condition could be added to require the solar panels to remain in situ and be useable thereafter.

 

In response to a question from Councillor MAF Hubbard, the Senior Planning Officer confirmed that Natural England would be consulted as part of the Nature Conservation Management Plan.

 

In response to a question from Councillor AT Oliver, the Senior Planning Officer advised that the development could not be required to meet level three of the Code for Sustainable Homes.  He added that, as the technical criteria was not yet known, it would be unreasonable to require a condition to this effect.  He noted that there were, nevertheless, a number of sustainable initiatives included in the scheme.

 

Councillor GFM Dawe questioned the sustainability considerations, particularly as the inclusion of nine parking spaces would increase car usage at the site, and felt that the development would have a deleterious impact.  The Senior Planning Officer advised that the provision of one parking space per unit was a minimum requirement and the lack of additional parking should encourage modal shift.  In response to Councillor Dawe’s concerns about the loss of the hedgerow, the Senior Planning Officer also advised that the applicant was prepared to replant a beech hedge behind the line of the required visibility splay; he added that hedgerows were not protected under Tree Preservation Orders or Conservation Area legislation.

 

RESOLVED:

 

1)      The Legal Practice Manager 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 incorporating any additional matters he considers appropriate.

 

2)      Upon completion of the aforementioned planning obligation that officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions and any further 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.      A09 (Amended plans).

 

         Reason: To ensure the development is carried out in accordance with the amended plans.

 

3.      B01 (Samples of external materials).

 

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

 

4.      F16 (Restriction of hours during construction).

 

         Reason: To protect the amenity of local residents.

 

5.      No surplus excavated top or sub soil shall be spread or deposited within the application site, but shall be disposed of carefully in accordance with a method statement that has first been submitted to and approved in writing by the local planning authority.

 

         Reason: In order to safeguard the health of protected trees on the site in accordance with Policy LA5 of the Herefordshire Unitary Development Plan 2007.

 

6.      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.

 

7.      Before any other works hereby approved are commenced, visibility splays shall be provided from a point 0.6 metres above ground level at the centre of the access to the application site and 2.4 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 90 metres in each direction along the nearside edge of the adjoining carriageway as per amended plan 2007-526/Sk003 Rev A.  Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.

 

         Reason: In the interests of highway safety.

 

8.      H06 (Vehicular access construction).

 

Reason: In the interests of highway safety.

 

9.      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.

 

10.    H27 (Parking for site operatives).

 

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

 

11.    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.

 

12.    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.

 

13.    In this condition a "retained tree" is an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the expiration of 1 year from the date of the occupation of the building for its permitted use.

 

a)      No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be pruned in any manner, be it branches, stems or roots, other than in accordance with the approved plans and particulars, without the prior written approval of the local planning authority.  All tree works shall be carried out in accordance with BS3998.

 

b)      If any retained tree is cut down, uprooted, destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time, as may be specified in writing by the local planning authority.

 

         Reason: To ensure proper care and maintenance of trees.

 

14.    No works or development shall take place or materials, plant or equipment brought on to 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 local planning authority.  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 paragraph (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)        The details and positions shown on the plan at paragraph (a) above of the Ground Protection Zones (section 9.3 of BS5837).

 

e)        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 to the satisfaction of the local planning authority 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.

 

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

 

g)        The details and positions (shown on the plan at paragraph (a) above) of the underground service runs (section 11.7 of BS5837).

 

h)        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.

 

i)        The details of tree protection measures for the hard landscaping phase (section 13 and 14 of BS5837).

 

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

 

         Reason: To ensure the proper care and maintenance of trees.

 

15.    A hedgerow shall be planted in replacement of the roadside hedgerow to be removed in accordance with details to be submitted to and agreed in writing by the local planning authority.  Submitted details shall include clarification of plant species, age, number and location.  Planting should take place within the first available planting season.  Any plants, which within a period of five 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.  Plants failing more than once shall continue to be replaced on an annual basis until the end of the five year defects period.

 

         Reason: To protect the visual amenities of the Conservation Area.

 

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

 

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

 

17.    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.

 

18.    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.

 

19.    The development shall be occupied in accordance with the Travel Plan (Foxley Tagg Planning Ltd, October 2007) submitted as part of the planning application.

 

         Reason: To ensure the promotion of sustainable modes of transport.

 

Informatives:

 

1.      HN01 - Mud on highway.

 

2.      HN04 - Private apparatus within highway.

 

3.      HN05 - Works within the highway.

 

4.      N02 - Section 106 Obligation.

 

5.      N19 - Avoidance of doubt.

 

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