Replacement of single storey dwelling with three two storey houses and attached garages.

Replacement of single storey dwelling with three two storey houses and attached garages.

 

The Senior Planning Officer updated the Sub-Committee with some points raised following the site visit:

 

1.         The Architect for the applicant does not envisage the amount of excavation / earth movement to be such that disposal off site would be required. He envisages any earth movement to be confined to the site itself.

 

2.         The agent for the applicant has written to confirm that he fully understands Members concerns with regard construction traffic and is willing to limit the times of access between the hours of 10am and 3 pm thus avoiding the peak hours.

 

This matter has been considered. No condition can be attached that limits the use of the public highway. However, a condition could be attached limiting the hours that deliveries could be taken at or despatched from the site. The potential problem with such a condition is that a delivery driver who arrives early may then attempt to comply with the condition by parking on the highway rather than pull off the highway. Given the requirement of condition 5 to construct the access prior to commencement on the construction of the dwellings, it is considered that this matter is best dealt with by way of an informative note on any planning permission.

 

3.         Similarly the agent for the applicant confirms his client’s commitment to make the financial contribution towards works to “upgrade” Knapp Lane (see clause 3 of the Draft Heads of Terms). He states that:-

 

“The intention is not to set the proposed development apart from the remainder of the town of Ledbury but to be an active part of it. By becoming involved in how the lane might be improved, our client would hope to ensure that services into and out of the site would be dealt with simultaneously with the intended development. In this way the possibilities of disturbance of any newly constructed upgrade would hopefully be minimised”

 

4.         For Members information the most recent traffic flow data available reveals that Knapp Lane hereabouts has a daily average flow (taken over 7 days) of 2,416 movements (1,296 southbound and 1,120 northbound). The proposal would generate an additional 31 trips thus increasing the flows by 1.28% (0.64% uphill & 0.64% downhill assuming the traffic is equally split in both directions). As a consequence it is considered that notwithstanding the constraints of Knapp Lane, the additional traffic generated by the proposed developments is proportionally very small and could adequately be catered for on the highway network. Indeed the increase in flow is below the daily variation in flow along the lane.

 

The Senior Planning Officer advised Members that it would be necessary to add an eight informative to the proposed reasons for approval:

 

8. The developer is requested to ensure that no deliveries during the construction phase are taken at or despatched from the site outside the hours of 10am and 3pm on any day.

 

Councillor PJ Watts, one of the Local Ward Members, said that he saw no reason to refuse the application as his concerns had been addressed. He felt the environmental impact would be minimal as very few car movements would be generated by the development.

 

Councillor JK Swinburne, another of the Local Ward Members expressed concern regarding the access arrangements to the site. She emphasised that there were over two thousand daily vehicle movements along Knapp Lane, an essential route for Ledbury, and felt that the proposed development would increase the traffic flow. She added that local residents and Ledbury Town Council were opposed to the development.

 

Councillor ME Cooper, the remaining Local Ward Member said that she supported a development on the site and found the designs to be of a high standard. She added that she felt the small scale of the proposed development would have little impact on the traffic flow and therefore supported the application.

 

In answer to a question from a Member relating to the allocation of s106 monies specifically for highways use, the Northern Team Leader advised that no funds from other categories could be reallocated towards highways. He said that other funds collected for highways use from previous developments could be used in this case.

 

On balance, Members were satisfied that the development would not have a substantial effect on traffic flow in the Knapp Lane area and 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 to officers 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 the following matters shall be submitted to the Local Planning Authority for their written approval:-

 

·         Written details and samples of all external materials to be used in the construction of the dwellings;

·         Written details of all surfacing materials in relation to the vehicular means of access / driveway, turning / manoeuvring areas and car parking together with a full scheme of surface water drainage;

·         A fully detailed scheme for the permanent closure of the existing eastern-most vehicular means of access.

 

         The development hereby permitted shall not commence until the Local Planning Authority has given such written approval the development, including the closure of the existing eastern-most vehicular means of access, shall be carried out in full accordance with the approved details prior to the first occupation of any of the dwellings hereby permitted and thereafter maintained as such.

 

         Reasons: - To ensure a satisfactory appearance to the development, to ensure adequate scheme of land drainage that does not involve discharge onto the public highway and in the interests of highway safety.

 

3       All of the existing on-site buildings (i.e. the bungalow and two outbuildings) shall be demolished and the resultant materials removed from the site prior to the first occupation of any of the dwellings hereby permitted.

 

         Reason: - To ensure a satisfactory appearance to the development.

 

4       Prior to commencement of the development hereby permitted full written details of the proposed boundary treatments (if any) 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 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.

 

5       Prior to commencement of the erection of the dwellings hereby permitted the new vehicular means of access and manoeuvring areas shall be implemented with its sub-base and therafter maintained as such throughout the construction phase.

 

         Prior to the first occupation of the dwellings themselves the vehicular means of access and manoeuvring areas shall be fully implemented with its finished surface and the garaging / car parking shown upon the approved plans fully implemented.  Thereafter these areas shall be kept available for such use.

        

         Reason: - In the interests of highway safety.

 

6       Prior to commencement of the development hereby permitted all those tress shown upon the approved plans to be retained shall be protected by fencing of at least 1.2 metres in height in accordance with Section 9.2 of BS5837: 2005 comprising vertical and horizontal framework of scaffolding (well braced to withstand impacts) supporting either chestnut cleft fencing or chain link fencing in accordance with figure 2 of BS5837:2005. Once these protective measures have been erected but prior to commencement of the development a suitably qualified arboricultural consultant appointed by the developer shall inspect the site and write to the Local Planning Authority to confirm that the protective measures are in situ. Upon confirmation of receipt of that letter by the Local Planning Authority the development may commence but the tree protection measures must remain in situ until completion of the development.

 

         Reason: - To safeguard the trees upon the site that are of amenity value.

 

7       H05 (Access gates )

 

         Any new access gates shall be set back 5.5 metres from the adjoining carriageway edge and shall be made to open inwards only.

 

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

 

8       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 first occupied.

 

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

 

9       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.

 

 

10     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.

 

11     The recommendations set out in the ecologist's report dated January 2009 should be followed unless otherwise agreed in writing by the local planning authority. Prior to commencement of the development, a full working method statement and habitat protection and enhancement scheme should be submitted to and be approved in writing by the local planning authority. The work shall be implemented as approved and maintained thereafter.

 

         An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological work.

 

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

 

         To comply with Herefordshire Council's Policy 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.

 

INFORMATIVES:

 

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

 

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

 

3      HN01 - Mud on highway

 

4      HN04 - Private apparatus within highway

 

5      HN05 - Works within the highway

 

6      HN28 - Highways Design Guide and Specification

 

7      N19 - Avoidance of doubt - Approved Plans