Demolish existing barns and erect 2 no. new barn style dwellings.

Demolish existing barns and erect 2 no. new barn style dwellings.

 

The following updates were reported:

§             A letter had been received from the applicant’s solicitor agreeing to the draft heads of terms.

§             An additional condition, relating to details of slab levels, was recommended in respect of DCCW2008/1667/F.

 

Councillor KS Guthrie, the Local Ward Member, noted that Sutton Parish Council supported the applications.  Councillor Guthrie commented that the barns were in a poor state of repair and that both the site and the Conservation Area would benefit from the scheme.  As with minute 48 above, a request was made for flexibility in the allocation of funds; in particular, to enable a contribution towards the community centre if possible.

 

RESOLVED:

 

That:     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 the report and any additional matters and terms that he considers appropriate.

 

              2) Upon completion of the aforementioned planning obligation, officers named in the Scheme of Delegation to Officers be authorised to issue planning permission and conservation area consent subject to the following conditions and any further conditions considered necessary by officers:

 

In respect of DCCW2008/1667/F:

 

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.      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

 

3.      C06 (Stonework laid on natural bed).

 

         Reason: In the interests of conserving the character of the building so as to ensure that the development complies with the requirements of Policy DR1 of Herefordshire Unitary Development Plan

 

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

 

         Reason: To ensure that the work is carried out in accordance with details that are appropriate to the character of the Conservation Area within which the site is located and to comply with the requirements of Policy HBA6 of Herefordshire Unitary Development Plan

 

5.      C10 (Details of external finishes and cladding (industrial buildings)).

 

         Reason: To secure properly planned development and to ensure that the development complies with the requirements of Policy DR1 of Herefordshire Unitary Development Plan

 

6.      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.

 

7.      F16 (No new windows in all elevations).

 

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

 

8.      G09 (Details of Boundary treatments).

 

         Reason: In the interests of visual amenity, to ensure the development has an acceptable standard of privacy and to conform to Policy DR1 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.    H06 (Vehicular access construction).

 

         Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

 

12.    H09 (Driveway gradient).

 

         Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

 

13.    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.

 

14.    The recommendations set out in the ecologist's report dated May 2008 shall be followed unless otherwise agreed in writing with the local planning authority.  Prior to the commencement of the development, a full working method statement and habitat enhancement scheme for bats and birds shall be submitted to the local planning authority and implemented as approved.

 

         An appropriately qualified and experienced ecologist shall be appointed to oversee the ecological mitigation work.

 

         Reasons:  To ensure all species of bat and their roosts are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) and Policies NC1, NC5, NC6 and NC7 within the Herefordshire Unitary Development Plan.

 

         To ensure the law is not breached with regard to nesting birds which are protected under the Wildlife and Countryside Act 1981 (and amendments) and Policies NC1, NC5, NC6 and NC7 within the Herefordshire Unitary Development Plan.

 

         To comply with Herefordshire Council's Policies NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006.

 

15.    I51 (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 so as to comply with Policy DR1 of Herefordshire Unitary Development Plan.

 

Informative(s):

 

1.      N03 - Adjoining property rights.

 

2.      N11A - Wildlife and Countryside Act 1981 (as amended) – Birds.

 

3.      N11B - Wildlife & Countryside Act 1981 (as amended) and Conservation (Nat. Habitats & C.) Regs 1994 – Bats.

 

4.      N13 - Control of demolition - Building Act 1984.

 

5.      N14 - Party Wall Act 1996.

 

6.      N18 - European Protected Species Licence.

 

7.      NC01 - Alterations to submitted/approved plans.

 

8.      N19 - Avoidance of doubt - Approved Plans.

 

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