Construction of retaining wall.

Construction of retaining wall.

Councillor JG Jarvis, the local ward member, thanked the sub committee for attending a recent site inspection at the application site. He voiced concerns in respect of the position of the existing gateway and the land slippage onto the public highway but felt that these issues could be addressed through suitable conditions. He added that the public footpath was in danger of collapsing if the application was not approved and therefore moved the recommendation.

The Principal Planning Officer advised members that a condition could be added to the recommendation regarding the fence. He also added that enforcement action could be taken on the rest of the site.

The Southern Team Leader confirmed that the Highways department were aware of the land slippage onto the road. He felt that an informative note could be added to any resolution in order to suggest the reuse of materials.

Councillor Bramer requested clarification in respect of the validity of the plan submitted with the original application. The Legal Practice Manager confirmed that in law the detailed plan would supersede any separate narrative. He added that a separate narrative had not been submitted with the plan in question and that the only text was the notation detailing the site dimensions.

Members discussed the application and had concerns that the removal of the existing wall could result in the footpath being damaged. They felt that it may be beneficial to incorporate the existing retaining wall into any proposal. The Principal Planning Officer advised that these technical issues would be covered by the condition requiring details of the methodology for constructing the new retaining structure.

RESOLVED

That planning permission be granted subject to the following conditions:

1.         The development hereby approved, which shall include any necessary fence/guard rail to serve the adjoining public footpath, shall be completed in accordance with the approved plans and associated conditions attached hereto within 12 months of the date of this permission

Reason: In order to maintain the visual amenities of the area and to comply with Policies LA1 and LA6 of the Herefordshire Unitary Development Plan.

2.         The development hereby approved shall be carried out strictly in accordance with the approved plans (drawing nos. 14043-1, PG/SD/LS1.1, PG/SD/F1.1) and the schedule of materials indicated thereon.

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.         Within 3 months of the date of this permission, details of the construction methodology for the retaining wall hereby approved shall be submitted to and approved in writing by the local planning authority.  The methodology shall include details of how the route of the adjacent public footpath WA50 will be safeguarded during the construction phase, together with calculations to demonstrate that the wall is of a suitable design and construction to retain the land in question both during and after construction.  The development shall be carried out in accordance with the approved design.

Reason:  To ensure that the construction of the wall is in accordance with the approved details in the interests of providing effective support to the adjacent public footpath so as to comply with Policy T6 of the Herefordshire Unitary Development Plan 2007.

4.         Within one (1) month of the date of this permission a scheme of landscaping shall be submitted for the written approval of the local planning authority.  The scheme shall include a written specification clearly describing the species, sizes, densities and planting numbers and giving details of cultivation and other operations associated with the plant and grass establishment.

The landscaping scheme approved under this condition shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development.  The landscaping shall be maintained for a period of 5 years.  During this time, any trees, shrubs, or other plants which are removed, die or are seriously retarded shall be replaced during the next planting season with others of similar sizes and species unless the local planning authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5-year maintenance period.

Reason:  In order to maintain the visual amenities of the area and to comply with Policies LA1 and LA6 of the Herefordshire Unitary Development Plan.

5.         Within three (3) months of the date of this permission, details of the fence/guard rail to serve the adjoining public footpath WA50 shall be submitted for the written approval of the local planning authority.  Details shall include sections and elevations at a metric scale of not less than 1:20.  The fence/guard rail shall be completed to a timescale that accords with condition 1.

Reason:  To ensure that the public footpath is safe for use by members of the public so as to comply with Policy T6 of the Herefordshire Unitary Development Plan.

6.         The development permitted under reference DCSE2004/0220/F, as amended by planning permission (DCSE2008/1992/F), shall not be brought into use until the vehicular access into the site as shown on drawing no. 14043 - 1 has been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the local planning authority and this area shall thereafter be retained and kept available for those uses at all times.  Details shall also be provided to demonstrate the position and design of any proposed entrance gates which shall be installed and thereafter maintained in accordance with the approved details.

Reason:  In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway so as to comply with Policy DR3 of the Herefordshire Unitary Development Plan 2007.

Informatives:

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

Drawing nos. 14043-1, PG/SD/LS1.1, PG/SD/F1.1

2.         The decision to grant planning permission has been taken having regard to the policies and proposals in the Herefordshire Unitary Development Plan 2007 set out below, and to all relevant material considerations including Supplementary Planning Guidance:

Policy DR1 - Design

Policy LA1 - Areas of Outstanding Natural Beauty

Policy T6 - Walking

[Note: In accordance with the Council’s Constitution SO 5.10.2, Councillor H Bramer wished for it to be recorded that he abstained from voting in respect of the resolution above]