Agenda item

DCNE2008/2357/F - LAND TO THE REAR OF THE HOMEND SERVICE STATION, THE HOMEND, LEDBURY, HEREFORDSHIRE, HR8 1BS.

Proposed terrace of seven dwellings and associated car parking.

Minutes:

Proposed terrace of seven dwellings and associated car parking

 

In accordance with the criteria for public speaking, Mr Bridges, the applicant’s agent, spoke in support of the application.

 

Councillor PJ Watts, one of the Local Ward Members, commented that the drainage arrangements for the site would need to be carefully managed, as soakaways for projects on this scale have often been troublesome. He also asked whether the adjoining footpath could be retained and made available throughout construction. Finally, he asked how close the retaining wall would be to the proposed building and added that the wall should not be damaged during the construction process.

 

In response to the Local Member’s questions, the Principal Planning Officer informed the committee that Severn Trent Water did not object to the drainage arrangements on the site and that it would be possible to connect it to the mains drainage system. He added that the applicant had indicated that the footpath would be retained both during and after construction of the new houses, but that this could be complicated by HGV manoeuvres. Regarding the retaining wall, the Principle Planning Officer informed the committee that this was a matter for the building control section of Planning Services and advised that a geological assessment of the wall would be required. He said that the houses would be sited three metres from the retaining wall.

 

Councillor JK Swinburne, the other Local Ward Member, pointed out that although the number of dwellings in the proposal had been reduced from 13 to 7, the number of bedrooms had in fact increased which could result in a greater number of traffic movements. She felt that this would only exacerbate the high levels of traffic on nearby Knapp Lane. She added that the building’s design had improved since the previously submitted application but the proposal, in her opinion, was still a very large single mass for one building with and had a larger footprint with less parking. Councillor Swinburne moved that the application be refused on the grounds of being excessively high and dense in mass and being inappropriate for the area.

 

In responding to Councillor Swinburne’s concerns, the Principle Planning Officer advised that the height of the proposed houses would be in line with the eaves of the existing neighbouring properties. He also informed members that in the previously rejected application, transport issues had not been included in the reasons for refusal and at appeal the inspector made no mention of any traffic concerns. Since this appeal, the proposal had been reduced by one storey along with the overall mass.

 

In response to comments from a Member concerning the section 106 contribution asked for in the draft heads of term agreement, the Northern Team Leader was able to advise that monies were spent at local level where a need was identified. Some contributions, however, would be earmarked for projects on a more strategic basis for example a transportation contribution or a large sports facility.  

 

Councillor RV Stockton commented that he felt the development would be more aesthetically pleasing if it were to be painted white. He also said that the Town Council had not objected to the development.

 

Councillor Swinburne’s proposal, that the application should be refused, was put to the vote and was lost.

 

Members felt on balance that the changes made to the originally refused proposal now made the application more acceptable in terms of both size and design. The sub-committee therefore voted to approve the application.

 

RESOLVED

 

1          The Head of Legal Services be authorised to complete a planning obligation under Section 106 of the town and Country planning Act 1990 as set out in the draft Heads of Terms Agreement and deal with any other appropriate terms, matters or issues;

 

2          Upon completion of the above-mentioned planning obligation 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          Prior to commencement of the development hereby permitted, written details and samples of the materials to be used in the construction of the external surfaces of the building hereby permitted shall be submitted to the Local Planning Authority for their written approval. The development hereby permitted shall not commence until the Local Planning Authority has given such written approval. The development shall be carried out in strict accordance with the approved materials and thereafter maintained as such.

 

            Reason: To ensure a satisfactory appearance to the development.

 

3          No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping using indigenous species. The submitted scheme of landscaping must include details as to the location of all planting, the species, size and the density of planting.

 

Reason: To ensure that the development is satisfactorily integrated into the locality.

 

4          All planting, seeding, and turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the first occupation of any of the dwellings hereby permitted or the completion of the development (whichever is the sooner). Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

 

Reason: To ensure that the development is satisfactorily integrated into the locality.

 

5          Prior to the first occupation of any of the dwellings hereby permitted the vehicular means of access, car parking, turning / manoeuvring area(s) for vehicles shall be fully implemented. Thereafter these areas shall be kept available for such use.

 

Reason: In the interests of highway safety and to encourage the use of modes of transport other than the private motor vehicle.

 

6          Prior to commencement of the development hereby permitted full details of all boundary treatments (i.e. walling, fencing, gates or other means of enclosure) shall be submitted to the Local Planning Authority for their written approval. The approved boundary treatments shall be fully implemented prior to the first occupation of any of the dwellings hereby permitted and thereafter maintained as such.

 

            Reason: To ensure a satisfactory appearance to the development.

 

7          Prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval: -

 

Full design and external appearance details (i.e materials) of the refuse and secure cycle parking / storage facilities

 

The development shall not commence until the Local Planning Authority has given such written approval. The development shall not be first occupied until the refuse stores and secure cycle parking / storage facilities have been fully implemented. Thereafter these facilities shall be maintained.

 

Reason: To ensure appropriate refuse storage facilities and secure cycle parking / storage facilities that encourage the use of modes of transport other than the private motor vehicle.

 

8          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 and severity of contamination, incorporating a conceptual model of all the 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 from 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 remediation scheme submitted to the local planning authority for written approval.

 

            Reason: In the interests of human health.

 

9          The Remediation Scheme, as approved pursuant to condition 8 above, shall befully 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.

 

            Reason: In the interests of human health.

 

10        Development shall not begin until drainage details, incorporating sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development have been submitted to and approved by the Local Planning Authority, and the scheme shall subsequently be implemented in accordance with the approved details before the development is completed / occupied.

 

Reason: To ensure that the development is provided with a satisfactory means of drainage as well as to reduce risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

 

11        Prior to commencement of the development hereby permitted full details of a scheme of insulation against noise shall be submitted to the Local Planning Authority for their written approval.  The submitted scheme of glazing and passive ventilation shall be provided which achieves or exceeds the level of performance described in paragraph 5 of the noise assessment: SLR REF: 402.0525.00006.  The approved scheme shall be fully implemented prior to the first occupation of any of the dwellings hereby permitted and therefore maintained as such.

 

Reason: To ensure that the occupiers of the dwellings hereby permitted enjoy a satisfactory level of amenity.

 

INFORMATIVES:

           

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

 

2          N19 - Avoidance of doubt - Approved Plans

Supporting documents: