For:            Signature Homes & Construction Ltd per John Phipps Bank Lodge, Coldwells Road, Holmer, Hereford HR1 1LH

 

The application has been referred to the Committee because the Northern Area Planning Sub-Committee was minded to refuse it, contrary to Council Policy and Officer advice.

 

Ward: Leominster South

The Central Team Leader presented a report of the Head of Planning and Transportation.  He said that at its meeting on 27 August 2008, the Northern Area Planning Sub Committee was mindful to refuse the application contrary to Council policy and officer advice.  He reported the receipt of a letter from the applicant’s agent, stating that the previous planning permission for four dwellings could not be implemented as approved due to the proximity of a sewer which has a no-development zone around it.  He suggested the inclusion of an additional condition if permission was granted, to deal with surface water drainage issues In order to minimise any flood risk to third parties.

 

In accordance with the criteria for public speaking, Mr Tomkins, the applicant spoke in favour of the application. 

 

Councillor RC Hunt, the local ward member said that he was totally opposed to the scheme which he felt was out of keeping with the surroundings, would dominate the area and was in conflict with the Conservation Area, Millennium Green and The Grange.  He also felt that they density was too high, that there would be problems with the approach roads to the site which were narrow and restricted; and that a potential risk of flooding existed.  Councillor Mrs J Pemberton asked about the views of the Head of Environmental Health and Trading Standards and was advised that comments were awaited.  Councillors R Mills, PJ Watts and WJ Walling supported the local ward member and felt that the scale and setting of the proposals would be detrimental and would have an adverse effect on the local distinctiveness of the area.  Four storeys was thought by them to be too high and out of keeping with other buildings. 

 

The Central Team Leader said that the officers viewed the site as slightly separate from the adjoining residential area and that it fitted in with the scale and the size of Pinsley Mill and other buildings nearby.  The density complied with the provisions of the Herefordshire Unitary Development Plan, as did the issues of amenity, car parking access and open space.  There would be a noise barrier on the northern side of the footpath to reduce the impact of the adjacent railway line.  The public footpath had been integrated into the scheme to give security but at the same time provide an open aspect.  Councillor RV Stockton pointed out that there had been considerable negotiations leading to the current proposals which he felt to be acceptable in respect of all the comments that had been raised. 

 

Having considered all the different aspects of the application and comments made, the Committee decided that it should be approved. 

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1.      A02 (Time limit for submission of reserved matters (outline permission) )

 

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

2.     A03 (Time limit for commencement (outline permission) )

 

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

3.     A04 (Approval of reserved matters )

 

         Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to secure compliance with policy DR1 of the Herefordshire Unitary Development Plan.

 

4 .     A05 (Plans and particulars of reserved matters )

 

         Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

5.      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.

 

6 .     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.

 

7.      I13 (Scheme to protect new dwellings from road noise )

 

         Reason: To protect the residential amenities of the future occupiers of the properties and to comply with Policy DR13 of Herefordshire Unitary Development Plan.

 

 

8.     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.

 

9.     I44 (No burning of materials/substances during construction phase )

 

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

 

10.    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.

 

11.   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.

 

12.   H27 (Parking for site operatives )

 

         Reason: To prevent indiscriminate parking in the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

 

13.   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.

 

14    I20 – Scheme of surface water drainage

 

Reason: In order to minimise flood risk to third parties.

 

15.    L01 (Foul/surface water drainage )

 

         Reason: To protect the integrity of the public sewerage system and to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

16.   L02 (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 so as to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

17.    L03 (No drainage run-off to public system )

 

         Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment so as to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

18.      Notwithstanding the plans hereby approved, the details of the fence between the site and the public footpath shall be submitted to and agreed in writing by the local planning authority, prior to the commencement of development.  The development shall be carried out in accordance with the approved details and the works completed, before any of the apartments hereby approved are first occupied.

 

         Reason: To ensure that the public right of way is protected in accordance with Policy T6 of the Herefordshire Unitary Development Plan.

 

Informatives:

 

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

 

2.     N19 - Avoidance of doubt - Approved Plans

 

3.     HN01 - Mud on highway

 

4.     HN04 - Private apparatus within highway

 

5.     HN05 - Works within the highway

 

6.     HN10 - No drainage to discharge to highway

 

7.     HN28 - Highways Design Guide and Specification