Proposed house.

Proposed house.

In accordance with the criteria for public speaking, Mr. Ellis spoke in objection to the application.

Councillor JD Woodward, a Local Ward Member, proposed that the application be refused as she did not consider the design to be in keeping with adjoining properties.  Councillor Woodward noted that the Traffic Manager had not raised any objections but she felt that the proposal could have an impact on highway safety, particularly given parking problems on Kings Acre Road.  The concerns of neighbours regarding overlooking and loss of light were noted.

Councillor DJ Benjamin, the other Local Ward Member, felt that the architectural approach was acceptable given the constraints of the plot and he did not consider that a single dwelling would have a significant additional impact on existing traffic problems.  Therefore, he supported the officer recommendation of approval.

The Principal Planning Officer reported that, in the absence of any objection from the Traffic Manager and given the comments of a Planning Inspector on a previous application [CW2004/4033/O refers], it was not considered that refusal on highway safety grounds could be sustained on appeal.  It was also reported that officers had worked with the agent to identify a suitable design and the asymmetric roof should minimise loss of light and the potential for overlooking.

In response to a question, the Principal Planning Officer advised there was no issue of 'garden grabbing' as this proposal related to a single dwelling and the principle of residential development in this location was acceptable.

Members debated the merits of the design approach.

In response to a question, Councillor PA Andrews advised that Hereford City Council had recommended refusal of planning permission on this application.

Councillor AM Toon drew attention to paragraphs 6.10 and 6.11 of the report which referred to '…the decision of the Cabinet Member for Environment and Strategic Housing to suspend the requirement for residential schemes for 5 dwellings or less which came into effect on the 1 April 2009'.  Councillor Toon said that she was not aware that this decision had been communicated to Members, she questioned the course of action taken given the extensive consultation on the Herefordshire UDP and the Planning Obligations SPD, and commented on the importance of developer contributions to provide enhanced infrastructure to mitigate the impact of developments, particularly in urban wards.  The Central Team Leader outlined the background to the issue and the terms of the temporary suspension of Section 106 payments; it was noted that the situation would be assessed at the end of September 2009.  Councillor AJM Blackshaw commented that the decision had been taken in response to the deepening of the recession and decreasing development activity.

A motion to refuse the application was defeated and the resolution below was then agreed.

RESOLVED:

That planning permission be granted subject to the following conditions:

1.      A01 (Time limit for commencement (full permission)) (12 months).

         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.      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.

4.      F16 (No new windows in specified elevation).

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

5.      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.

6.      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.

7.      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.

Informatives:

1.      N01 - Access for all.

2.      N15 - Reason(s) for the Grant of PP/LBC/CAC.

3.      N19 - Avoidance of doubt - Approved Plans.