Proposed erection of three dwellings with associated access and parking.

Proposed erection of three dwellings with associated access and parking.

 

The Principal Planning Officer presented the following updates:

 

Firstly, an amended plan has been received detailing three off road parking spaces, and turning area for dwelling 1 as requested.

 

Secondly, the Councils Highway Engineer, in their consultation response, queried whether the applicants had a legal right of access to the site as Forest Road (leading to Larchlap / Forest Fencing) is not an adopted highway. Orchard Close, which runs off Forest road has been adopted and the public footpath along Forest Road (North side) up to no. 3 Orchard Close is also adopted.

 

This matter was queried with the applicants agent who has sent the Local Planning Authority a copy of a letter from Herefordshire Councils Legal and Democratic Services at the time that they purchased the site from the Council. This letter states:

 

Although there is no definitive evidence as to the existence of highway rights over the road the Council believed that at least the first length, to the entrance of Orchard Close, must be considered highway, otherwise access to the close would be over private road. The Councils view is that the entire road is likely to be public highway having satisfied the conditions of Section 31 of the Highway Act 1980 i.e it is deemed to have been dedicated as highway if enjoyed by the public for twenty years or more, as of right and without interruption.

 

On this basis, I am satisfied that this matter has been explored and that the provision of off road parking spaces provided to each dwelling is sufficient to meet the policies of the Herefordshire Unitary Development Plan (2007). The onus will be on the applicant to ensure that legal rights of access are formally obtained and this is not a matter that can be controlled through this permission.

 

The Local Ward Member, Councillor JW Hope MBE said that he would like any monies paid under a section 106 agreement to be used for projects within Eardisley and proposed that the application be approved.

 

The Principal Planning Officer said that an the requirement for the payment of a 2% surcharge would also need to be included in the draft heads of terms agreement to help towards meeting the costs of a Section 106 Monitoring Officer.

 

In response to a question from a Member on the likelihood of flooding, the Principal Planning Officer informed the Sub-Committee that the Environment Agency was satisfied that the development would not be prone to flooding.

 

 

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          B02 (Development in accordance with approved plans and materials)

 

Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area in accordance with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

 

3          B07 (Section 106 Agreement)

 

Reason: In order to provide [enhanced sustainable transport infrastructure, educational facilities, improved play space, public art, waste recycling and affordable housing] in accordance with Policy DR5 of the Herefordshire Unitary Development Plan 2007.

 

4          C01 (Samples of external materials)

 

Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

 

5          D04 (Details of window sections, eaves, verges and barge boards)

 

Reason: To ensure that the work is carried out in accordance with the details that are appropriate to the safeguarding of the Conservation Area and to comply with the requirements of Policies DR1 and HBA6 of Herefordshire Unitary Development Plan.

           

6          F08 (No conversion of garage to habitable accommodation)

 

Reason: To ensure adequate off street parking arrangements remain available at all times and to comply with Policy H18 of Herefordshire Unitary Development Plan.

 

7          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.

 

8          F17 (Obscure glazing to windows)

 

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

 

 

9          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.

 

10        G11 (Landscaping scheme - implementation)

 

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

 

11        H10 (Parking - single house)

 

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.

 

12        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.

 

13             Finished floor levels of all dwellings shall be set no lower than 73.58m AOD (600mm above the 1% plus climate change (20%) flood level of 72.98m AOD), unless otherwise agreed in writing by the LPA.

 

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

 

Informative(s):

 

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

 

2          N19 - Avoidance of doubt