Proposed demolition of workshops and redevelop site for seven dwellings and car parking.

The Principal Planning Officer informed the Sub-Committee that applicant had confirmed in writing his acceptance of the financial contributions set out in the revised draft Heads of Terms, as shown in the report.  He advised that the Heads of Terms did not include a paragraph in relation to the requirement for the payment of a 2% surcharge.  This needed to be added and would amount to £370.  He also said that the Council’s Ecologist had advised that a condition requiring appropriate habitat mitigation should have been included in the conditions regarding an approval.

The Local Ward Member, Councillor P Jones CBE said that he remained unconvinced of the merits in saving the existing buildings as they were not in keeping with this predominantly residential area. He added that he fully supported the Town Council’s desire for the development and proposed that the application should be approved.

Councillor WLS Bowen drew attention to the historic mill building and felt that some of the original timbers and stone should be saved because of their historic value.  Other Members were of the view that in its current condition the building served no useful purpose and did nothing to enhance the locality. It was felt that there was little remaining of the original mill structure which could be easily preserved.  Councillor Bowen asked if a condition could be imposed requiring preservation of the remaining structure or for the original materials to be recycled rather than completely lost.  The Southern Team Leader advised that such a condition would not be enforceable but that the applicants could be asked to look at the matter through the inclusion of an informative in the Decision Notice.  

RESOLVED THAT

In respect of DCNC2008/0978/F:

The Legal Practice Manager be authorised to complete a planning obligation under Section 106 of the Town and Country Planning Act 1990 to secure a contribution for additional improvements to the highways network and any additional matters and terms as he considers appropriate.

Upon completion of the aforementioned planning obligation that the 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 -        D02 (Approval of details):

a)         Specification of all external materials

b)         Brick detailing

c)         Eaves, gable and chimney details

d)         Detail of finishes including colour of external walls

Reason:  To ensure the satisfactory appearance of the development so as to ensure that the development lies in harmony with the Conservation Area and to comply with Policy HBA6 of the Herefordshire Unitary Development Plan.

3 -        D05 (Details of external joinery finishes)

Reason:  To ensure the satisfactory appearance of the development so as to ensure that the development lies in harmony with the Conservation Area and to comply with Policy HBA6 of the Herefordshire Unitary Development Plan.

4          Finished floor levels shall not be set lower than 71.99 m AOD as detailed within the flood risk assessment dated March 2008.

            Reason: To prevent flood risk for the lifetime of the development.

5 -        E01 (Site investigation - archaeology)

Reason: To ensure the archaeological interest of the site is recorded and to comply with the requirements of Policy ARCH6 of Herefordshire Unitary Development Plan.

6 -        No development shall take place until the following has been submitted to and approved in writing by the local planning authority:

a)         A 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways and receptors, a conceptual model and a risk assessment in accordance with current best practice.

b)         If the risk assessment in a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature and extent of contamination, incorporating a conceptual model of all potential pollutant linkages and an assessment of risk to identified receptors.

c)         If the risk assessment in b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk form the contaminants/ or gases when the site is developed.  The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified.  Any further contamination encountered shall be fully assessed and an appropriate scheme submitted to the local planning authority for written approval.

7 -        The Remediation Scheme, as approved pursuant to condition (6) above, shall be fully implemented before the development is first occupied. On completion of the Remediation Scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the local planning authority in advance of works being undertaken.

8 -        H08 (Access closure)

Reason: To ensure the safe and free flow of traffic using the adjoining County highway and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

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 and to conform with the requirements of Policy T11 of Herefordshire Unitary Development Plan

10 -      H19 (On site roads - phasing)

Reason: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

11 -      H29 (Secure covered cycle parking provision)

Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan

12 -      G10 (Landscaping scheme)

Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of Herefordshire Unitary Development Plan.

13 -      G20 (Open plan to front of dwellings)

Reason:  In the interests of the amenity of the development and to comply with the requirements of Policy DR4 of Herefordshire Unitary Development Plan.

14 -      F14 (Removal of permitted development rights)

Reason:  In order to protect the character and amenity of the locality, to maintain the amenities of adjoining property and to comply with Policy H13 of Herefordshire Unitary Development Plan.

15 -      F16 (No new windows in specified elevation)

Reason:  In order to protect the residential amenity of adjacent properties and to comply with Policy H18 of Herefordshire Unitary Development Plan.

16 -      I16 (Restriction of hours during construction)

Reason:  To protect the amenity of local residents and to comply with Policy DR13 of Herefordshire Unitary Development Plan.

17 -      I43 (No burning of material/substances)

Reason:  To safeguard residential amenity and prevent pollution and to comply with Policy DR4 of Herefordshire Unitary Development Plan.

18 -      No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works and water recovery system has been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented before the first occupation of the development hereby approved.

Reason:  In order to ensure that satisfactory drainage arrangements are provided and to comply with Policy DR4 of the Herefordshire Unitary Development Plan 2007.

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

Reason: To protect the integrity of the public sewerage system and to comply with Policy DR4 of the Herefordshire Unitary Development Plan 2007.

20 -      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 and to comply with Policy DR4 of the Herefordshire Unitary Development Plan 2007.

21 -      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 and to comply with Policy DR4 of the Herefordshire Unitary Development Plan 2007.

22.       K5 (habitat enhancement)

Informatives:

1 -        HN01 - Mud on highway

2 -        HN04 - Private apparatus within highway

3 -        HN05 - Works within the highway

4 -        HN10 - No drainage to discharge to highway

5 -        HN28 - Highways Design Guide and Specification

6 -        Whilst it has been demonstrated that the risk of flooding is minimal in the 1% flood event with climate change event we would advise that the applicant/ development be signed up the Environment Agency Flood Warning System.

7 -        The applicant may also wish to consider the incorporation of flood proofing techniques.  These include removable barriers on air bricks and providing electrical services in to the building at a high level so that plugs are located above possible flood levels.  Additional guidance, including information on kite marked flood protection products can be found on the Environment Agency web site www.environment-agency.goc.uk under the 'Managing Flood Risk' heading in the 'Flood' section.

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

9 -        N19 - For the avoidance of any doubt the plans for the development hereby approved are as follows:-

Drawing numbers 298 WD 21, 298 WD 22, 298 WD 23 - date stamped 31st March 2008.

10 -      Informatives 11 A and 11 B

In respect of application ref no DCNC2008/0979/C that Conservation Area Consent be given subject to the following:

1 -        D01  - Time limit for commencement (Listed Building Consent).

Reason:   Required to be imposed by Section 18(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

2 -        No demolition works shall take place until a contract for the redevelopment has   been let.

Reason:  To ensure that this site does not become derelict in this conservation area.

3 -        E02 -  Archaeological survey and recording.

Reason:   To allow for recording of the building/site during or prior to development and to comply with the requirements of Policy ARCH6 of Herefordshire Unitary Development Plan. The brief will inform the scope of the recording action.

Informatives:

1 -        N15 – Reason(s) for the Grant of Conservation Area Consent.

2 -        N19 -  For the avoidance of any doubt the plans for the development hereby approved are as follows:-

298 WD20, 298 WD21, 298 WD22, 298 WD23, 298 WD24, 298 WD25 – date stamped 31 March 2008