Proposed new dwelling.

Proposed new dwelling.

 

The Senior Planning Officer provided details of updates / additional representations received following the publication of the agenda as follows:

·               An e-mail had been received from the applicants to clarify a point raised by one of the objectors that the proposed dwelling is within 3.5-5.5 metres of the boundary and not 2-3 metres.

 

Councillor MD Lloyd-Hayes, a Local Ward Member, said that the principle of development was acceptable given the size of the plot and other backland style developments in the area.  However, concerns were expressed about the absence of Section 106 contributions, particularly given the deficiencies identified by the Children and Young People Services Manager.  The Development Control Manager confirmed that, subject to a 12-month commencement requirement in accordance with the current policy, no community infrastructure contributions would be required.

 

Councillor PJ Edwards drew attention to conditions 5 and 6, relating to the protection of trees and hedgerows, and commented on the need for measures to ensure that tree roots were not damaged.

 

Councillor WJ Walling, also a Local Ward Member, considered that the siting and appearance of the proposed dwelling to be acceptable and supported the application.  However, he also expressed reservations about the current Section 106 policy.

 

RESOLVED:

 

1)      The Legal Practice Manager be authorised to complete a planning obligation under Section 106 of the Town and Country Planning Act 1990 to ensure the safeguarding of visibility splays at the access and any additional matters and terms as he considers appropriate.

 

2)      Upon completion of the aforementioned planning obligation that the 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.       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.

 

3.       F07 (Domestic use only of garage).

 

          Reason: To ensure that the garage is used only for the purposes ancillary to the dwelling and to comply with Policy H18 of Herefordshire Unitary Development Plan.

 

4.       F15 (No windows in side elevation of extension).

 

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

 

5.       G02 (Retention of trees and hedgerows).

 

          Reason: To safeguard the amenity of the area and to ensure that the development conforms with Policy DR1 of Herefordshire Unitary Development Plan.

 

6.       G04 (Protection of trees/hedgerows that are to be retained).

 

          Reason: To safeguard the amenity of the area and to ensure that the development conforms with Policies DR1 and LA5 of Herefordshire Unitary Development Plan.

 

7.       H03 (Visibility splays).

 

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

 

8.       H06 (Vehicular access construction).

 

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

 

9.       H09 (Driveway gradient).

 

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

 

10.     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

 

11.     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.

 

12.     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.

 

13.     F05 (Restriction on hours of use (industrial)).

 

          Reason: In order to protect the amenity of occupiers of nearby properties and to comply with Policy DR1 of Herefordshire Unitary Development Plan.

 

14.     I14 (Scheme of foul drainage disposal).

 

          Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policy DR4 of Herefordshire Unitary Development Plan.

 

15.     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 H18 of Herefordshire Unitary Development Plan.

 

16.     K4 (Nature conservation – implementation).

 

          Reason: 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.

 

Informatives:

 

1.      HN05 - Works within the highway.

 

2.      HN10 - No drainage to discharge to highway.

 

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

 

4.      N19 - Avoidance of doubt - Approved Plans.