Erection of 87 dwellings and associated garages, new access and linear park.

Erection of 87 dwellings and associated garages, new access and linear park.

 

The Principal Planning Officer reported the following updates:

 

• Further comments had been received from the Highways Agency in respect of condition 17. They felt that they could not permit building contractors vehicles to access the development from the A40 until the access roundabout had been completed.

 

• Comments were reported from the Traffic Manager who noted that the proposed pedestrian/cycle links to the town via Tanyard Lane were far from Ideal due to safety concerns and the condition of the private road. He felt that the proposed pedestrian/cycle route to Ledbury Road was considered the best way forward provided that further assurance could be given regarding the timing of the link. Finally he noted that no further development phases should be permitted on the site until an alternative pedestrian/cycle route to Tanyard Lane had been provided.

 

• Revised drawings detailing the layout and three house types had been received by the applicant’s agent. The applicant’s agent also gave details of the pedestrian/cycle link to Tanyard Lane, as well as details of a ‘Grampian’ style planning condition preventing occupation of more than 50 dwellings on the site until the link to Ledbury Road was open for use.

 

• A further letter of objection had been received by a neighbouring business expressing concerns in respect of the notice time given for the committee meeting. They also felt that their legitimate interests had not been taken into account and that bias was being shown in favour of the developer.

 

• The receipt of two further letters were reported regarding concerns in respect of the maintenance of the hedge along the north-west boundary of the site.

 

The Principal Planning Officer made the following comments:

 

·         The applicant could provide a link for pedestrians and cyclists to Ledbury Road via Arundel Close but has decided against this in view of concerns raised by local residents.  The consequence is that only Tanyard Lane would be available for walkers and cyclists.  However a link via the sawmill and laundry sites would be practicable and the intention is to progress this option as soon as practicable in conjunction with residential development of these sites.  Whilst there may be a gap between completion of some of the houses and the opening of the link the applicant would accept a condition requiring completion and opening within one year of commencement of Phase 1.  Furthermore the condition would limit occupation to no more than 50 houses, should the development proceed more quickly.  This number would ensure a start on the affordable units (8) and the Section 106 Agreement would need to allow for this possibility.  This solution to the problem of links to the town is not objected to by the Traffic Manager and is recommended to the Committee, subject to an appropriate condition.

 

·         The applicant’s intention is that boundary hedge and adjoining planting would be within the curtilages of the adjoining houses and maintenance would therefore be the responsibility of the occupiers.  I understand however that the applicant will discuss the appropriate height/width of the hedge with neighbours and ensure that the hedge is kept cut appropriately before completing the development.  In addition new occupiers will be informed of their neighbours’ wishes and encouraged to undertake regular trimming.

 

·         A number of conditions require further consideration.  Condition nos. 19 and 20 relating to a temporary access for construction traffic and completion of the roundabout were intended as substitutes for no. 17 which requires completion of the roundabout before any other development takes place.  Nevertheless the Highway Agency has strong reservations about a temporary access as it is considered that there is insufficient space for such an access in addition to the roundabout.  Unless the Agency reconsiders this matter condition 17 should be imposed and 19 and 20 deleted.  Condition no. 6 regarding drainage of parking areas and hardstandings is recommended by the Environment Agency but provided that the gullies be adopted.  I understand that this is not practicable and the condition therefore needs further consideration.

 

• Finally he requested that the recommendation be amended to omit any reference to the pedestrian/cycle links.

 

In accordance with the criteria for public speaking, Mrs Clutterbuck spoke in objection to the application and Mr Sackett spoke in support.

 

Councillor PGH Cutter, one of the local ward members, felt that the application had caused some concern to local residents as it was a significant development for Ross-on-Wye. He felt that a condition should be added to the recommendation to address the concerns of the local residents in respect of a pedestrian access through Arundel Close. He also noted that a number of representations had been received in respect of the boundary hedge. In summing up he felt that there would obviously be concerns due to the size of the development and felt that the local ward members could meet on site with the developer and the planning officer at regular intervals in order to address any problems promptly.

 

Councillor AE Gray, the other local ward member, noted that the pedestrian access had already been addressed by the applicant who had confirmed that it would not be routed through Arundel Close. She also expressed concerns in respect of the location of the children’s play area.

 

In response to a number of questions raised by members, the Principal Planning Officer confirmed that the hedge would be maintained by the residents of the dwelling on who’s land it fell within. He also confirmed that the closest buildings to the boundary were single storey.

 

RESOLVED

 

That subject to being satisfied regarding noise and layout:

 

(i)      The Legal Practice Manager be authorised to complete a planning obligation agreement under Section 106 of the Town and Country Planning Act 1990 as set out in the Draft Heads of Terms

 

and any additional matters and terms as he considers appropriate

 

(ii)     Upon completion of the aforementioned planning obligation that the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions and any other 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       B01 (Samples of external materials)

 

Reason: To ensure the external materials harmonise with the existing building.

 

3      G04 (Landscaping scheme (general))

 

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

 

4      G05 (Implementation of landscaping scheme (general))

 

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

 

5       If, during development (Phase 1), contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

 

Reason: To prevent pollution of the water environment and ensure the site is remediated.

 

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 designed and constructed to have a capacity and details compatible with the site being drained. Roofwater drainpipes shall by connected to the drainage system either directly or by means of back inlet gullies provided with sealing plates instead of open gratings.

 

Reason: To prevent pollution of the water environment.

 

7      Finished floor levels shall be set no lower than 37.1m AOD unless otherwise agreed in writing by the Local Planning Authority.

 

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

 

8       There shall be no new buildings (including gates, fences, walls and sheds) or raising of ground levels within the 1% plus climate change floodplain (36.5m AOD) or within 7 metres of the top of any bank of the Main River (Rudhall Brook) unless otherwise agreed in writing by the Local Planning Authority.

 

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

 

9       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 FRA dated September 2007, 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 runoff rate for the site.  The scheme shall be implemented in accordance with the approved details, unless otherwise agreed in writing by the LPA, 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.

 

10       W01 (Foul/surface water drainage)

 

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

 

11      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.

 

12      W03 (No drainage run-off to public system)

 

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

 

13      W04 (Comprehensive & Integratred draining of site)

 

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.

 

14     No development shall commence until a habitat enhancement scheme for wildlife and biodiversity based upon the Habitat Appraisal and Protected Species Survey Report (dated April 2003) which shall include a 20m conservation strip along the Rudhall Brook and specific measures for water voles has been submitted to and approved in writing by the local planning authority.  The scheme shall be implemented as approved unless otherwise agreed in writing by the local planning authority.

 

Reason:  To comply with the policies NC8 and NC9 of the Herefordshire Unitary Development Plan 2007 (UDP) in relation to Nature Conservation and Biodiversity, to meet the requirements of PPS9 and to conserve and enhance protected habitat and to maintain the foraging area for protected species in compliance with policies NC6, NC7, NC8, NC9 of UDP and PPS9.

 

15       Prior to the occupation of any of the dwellings a management plan, to include proposals for long term design objectives, management responsibilities and maintenance schedules in perpetuity, for the areas of open space, play areas and for nature conservation including a timetable for implementation, shall be submitted to and be approved in writing by the local planning authority.  The management plan shall be carried out as approved.

 

Reason:  To ensure that the use and maintenance in perpetuity of the open spaces, play areas and areas for nature conservation is assured.

 

16      The scheme of noise attenuation measures for protecting the proposed dwellings from noise from the A40(T) road  and the adjoining commercial premises shall be completed before any of the permitted dwellings are occupied.

 

       Reason: To protect the residential amenities of the future occupiers of the properties.

 

17       Before any other works are commenced the roundabout shown on drawing 50390/100 rev C hereby approved shall be constructed and shall be the only means of vehicular access for construction traffic to the development hereby approved.

 

Reason:  In the interests of highway safety and the amenities of residents.

 

18     No development within the application area shall be occupied unless the mitigation proposals as shown on Drawing No. 50319/003 rev C has been completed to the satisfaction of the local planning authority after consultation with the Highways Agency.

 

Reason:  To ensure that the A40 Trunk Road continues to serve its purpose as part of a national system of routes for through traffic in accordance with Section 10(2) of the Highways Act 1980 by minimising disruption on the trunk road resulting from traffic entering and emerging from the application site and in the interests of road safety.

 

19     No development shall take place until details of the temporary access to the A40(T) for construction traffic have been submitted to and approved in writing by the local planning authority.  The approved temporary access shall be implemented before any other works are undertaken and shall be the only means of vehicular access for construction traffic to the development hereby approved.

 

         Reason:  In the interests of highway safety and the amenities of residents.

 

20       Before the occupation of any of the dwellings hereby approved, the roundabout shown on drawing no. 50390/100 rev. C shall be constructed.

        

Reason:  In the interests of highway safety and the amenities of residents.

 

21      H11 (Parking - estate development (more than one house))

 

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

 

22      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.

 

23     No dwelling shall be occupied until the emergency vehicular access arrangements have been provided in accordance with details which have been submitted to and approved in writing by the local planning authority.

 

Reason:  To ensure access by emergency vehicles.

 

24      H27 (Parking for site operatives)

 

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

 

25      H21 (Wheel washing)

 

Reason: To ensure that the wheels of vehicles are cleaned before leaving the site in the interests of highway safety.

 

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

 

Reason: To protect the amenity of local residents.

 

27     No materials or substances shall be incinerated within the application site during the construction phase.

 

       Reason: To safeguard residential amenity and prevent pollution.

 

28     No vehicular access shall be formed from the residential development hereby approved to Tanyard Lane.

 

Reason:  In the interests of highway safety.

 

29      The plans and particulars submitted in accordance with condition no. 3 above shall include:

 

(a)   a plan showing the location of, and allocating a reference number to, each existing tree on the site which has a stem with a diameter, measured over the bark at a point 1.5 m above ground level, exceeding 75 mm, showing which trees are to be retained and the crown spread of each retained tree;

(b)  details of the species, diameter (measured in accordance with paragraph (a) above), and the approximate height, and an assessment of the general state of health and stability, of each retained tree and of each tree which is on land adjacent to the site and to which paragraphs (c) and (d) below apply;

(c)   details of any proposed topping or lopping of any retained tree, or of any tree on land adjacent to the site;

(d)  details of any proposed alterations in existing ground levels, and of the position of any proposed excavation, [within the crown spread of any retained tree or of any tree on land adjacent to the site] [within a distance from any retained tree, or any tree on land adjacent to the site, equivalent to half the height of that tree];

(e)  details of the specification and position of fencing [and of any other measures to be taken] for the protection of any retained tree from damage before or during the course of development.

 

         In this condition "retained tree" means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above.

 

       Reason: In order that the local planning authority may be satisfied that the deposited scheme will meet their requirements.

 

30      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.

 

INFORMATIVES:

 

1      The Environment Agency recommends that developers should:

 

1)      Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination.

 

2)      Refer to the Environment Agency Guidance on Requirements for Land Contamination Reports for the type of information that we require in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, e.g. human health.

 

3)      Refer to the website at www.environment-agency.gov.uk for more information.

 

2      N19 - Avoidance of doubt

 

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