Construction of a single dwelling.

Ward: Belmont

Construction of a single dwelling.

 

The following update was reported:

·       An e-mail had been received from the applicant in support of the application.

 

The Senior Planning Officer confirmed that the Environment Agency was satisfied with the Flood Risk Assessment and proposed slab levels.

 

Councillor H Davies, a Local Ward Member, felt that the access and car parking arrangements could compromise highway safety, particularly given the position of the site on a popular cycleway and next to a children’s play area.

 

Councillor PJ Edwards, also a Local Ward Member, questioned the ownership of an area of land fronting the highway as he felt that the enclosure of this land would make it more likely for vehicles to reverse out of the site which would exacerbate the risk of accidents on the strategic cycleway.  He felt that greater emphasis should have been given to the importance of the cycleway.  He also felt that the proposed development would have a detrimental impact on the Conservation Area and on the natural habitat along the riverbank.

 

Councillor GA Powell, the other Local Ward Member, did not feel that there had been enough consultation about flooding and riverbank erosion.  She also highlighted concerns about highway safety, overlooking onto the children’s play area, setting a precedent and the impact on the character and amenity of the area.

 

The Senior Planning Officer responded to members’ concerns as follows: the Traffic Manager had no objections subject to conditions; the Environment Agency was satisfied with the proposal; the River Wye had a number of important designations but Natural England did not control the bank tops; although unkempt, the area concerned was within the domestic curtilage of 10 Luard Walk and there was no issue about the loss of wild space; and the proximity of the development to the play area could be considered a community safety gain as it would allow a degree of passive overlooking.

 

Councillor DW Greenow noted the concerns of the Local Ward Members but felt that, given the advice of officers, it might be difficult to sustain a refusal of planning permission on appeal.  In response to a question, the Senior Planning Officer advised that the Traffic Manager had recommended standard conditions, namely conditions 7 to 11. 

 

The Development Control Manager did not feel that a number of the issues raised in the debate could be substantiated as reasons for refusal.  Referring to Policy DR3 (Movement), he noted that a judgement needed to be taken on the impact of additional residential traffic on the footpath/cycleway but questioned whether the traffic generated by one additional dwelling would be so significant as to warrant refusal.  It was suggested that members’ concerns about boundary treatments could be addressed through the removal of permitted development rights.

 

In response to a question from Councillor AT Oliver, the Development Control Manager advised that the development could be required to meet level three of the Code for Sustainable Homes.  However, it was not yet known what the technical specification for level four would be and, therefore, it would be unreasonable to require level four at this time.

 

Councillor MD Lloyd-Hayes noted that the Environment Agency had no objections and she did not feel that a single dwelling would have an unacceptable impact on the public highway, on the play area or on residential amenity.  A number of members expressed similar views.

 

Councillor Edwards did not consider that the proposed parking area would provide sufficient space for vehicles to manoeuvre and join the highway in a forward gear and maintained that the development would compromise highway safety on the strategic cycleway.

 

A motion to refuse the application was lost and the resolution below was then agreed.

 

RESOLVED:

 

That planning permission be granted 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.      The finished slab level of the dwellings hereby approved shall be set no lower than 54.43 metres above Ordnance Datum.

 

         Reason: To protect the development from flooding in accordance with Policy DR7 of the Herefordshire Unitary Development Plan 2007.

 

4.      G01 (Details of boundary treatments).

 

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

 

5.      G02 (Landscaping scheme (housing development)).

 

         Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

 

6.      G03 (Landscaping scheme (housing development) – implementation).

 

         Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

 

7.      H06 (Vehicular access construction).

 

Reason: In the interests of highway safety.

 

8.      H09 (Driveway gradient).

 

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.    H05 (Access gates).

 

Reason: In the interests of highway safety.

 

11.    H27 (Parking for site operatives).

 

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

 

12.    During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken or despatched from the site outside the following times: Monday - Friday 7.00 am - 6.00 pm, Saturday 8.00 am - 1.00 pm nor at any time on Sundays, Bank or Public Holidays.

 

Reason: To safeguard residential amenity.

 

Informatives:

 

1.      N01 - Access for all.

 

2.      N03 - Adjoining property rights.

 

3.      HN05 - Works within the highway.

 

4.      All machinery and plant shall be operated and maintained in accordance with BS5228: 1997 'Noise Control of Construction and Open Sites'.

 

5.      N19 - Avoidance of doubt.

 

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