Erection of 7 no. dwellings comprising 5 no. open market houses, 2 no. affordable houses and a new vehicular access.

Erection of 7 no. dwellings comprising 5 no. open market houses, 2 no. affordable houses and a new vehicular access.

 

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided as follows:

§               An ecological survey was carried out in 2007/2008 but was not submitted with the application.  This had now been provided and it did not reveal the presence of any protected or other species of note.  The Conservation Manager (Ecology) therefore raised no objections subject to conditions requiring a strategy for ecological and wildlife enhancement and the ecological recommendations to be implemented.

§               An amended plan had been provided identifying the required visibility splay but the Traffic Manager requested that this be illustrated on a survey plan to identify any constraints to achieving the visibility.

§               The landscape officer was satisfied with the revised landscape proposals subject to minor changes to some of the proposed species and location of planting.

§               A condition was recommended requiring the general market dwellings be designed and constructed to achieve Code Level 3 of the Code for Sustainable Homes along with conditions covering the ecological requirements.

§               It was suggested that the delegated recommendation be changed to also include the issuing of planning permission subject to the additional information and minor changes requested by the Traffic Manager and Conservation Manager (Landscape) being provided.

 

In accordance with the criteria for public speaking, Mr. Spreckley had registered to speak in support of the application but decided not to speak on this occasion.

 

Councillor GFM Dawe, the Local Ward Member, expressed a concern that contributions towards highway and sustainable transport initiatives might be diverted outside the parish and questioned whether clause 5 of the draft Heads of Terms could refer specifically to initiatives within Little Dewchurch.  In response, the Northern Team Leader commented that such a specific reference might limit the types of initiatives that could be supported and the Legal Practice Manager suggested that the wording be changed to 'within the vicinity of Little Dewchurch' instead.  Councillor Dawe said that application was contentious in the locality, particularly given the density and potential urbanisation of the area, but also noted that elements in support of the proposal included sustainability measures, affordable housing, and the fact that the application site was allocated for development within the Unitary Development Plan.

 

Councillor AT Oliver questioned whether there was sufficient room for vehicles to pass at the access without conflict, commented on the need to restrict traffic speeds through the village, suggested that reference to North Hereford Park and Ride be amended, and suggested that rainwater harvesting be incorporated into the development.

 

Councillor PJ Edwards said that he supported environmental initiatives but questioned the appropriateness of pressing a small development to include advanced rainwater harvesting measures.  He suggested that residential amenity and reduced carbon footprint could be enhanced through additional landscaping between the houses.  Councillor PA Andrews agreed that rainwater harvesting could place a substantial burden on a small development and she supported the application, adding that suitable development was needed in villages in order to provide accommodation for local families.

 

Councillor MAF Hubbard welcomed the comment of the Housing Development Officer that 'it would be proposed in the first instance that they [the tenure of the affordable housing] would be for rented'.

 

In response to questions and comments, the Principal Planning Officer advised that

s                The access would be to an adoptable standard, with room for vehicles to pass simultaneously and with a pavement either side.

s                The Code for Sustainable Homes was based on a points system, therefore the lack of full rainwater harvesting provision could be mitigated through other sustainable initiatives (including water collection butts); he added that the sustainability of some rainwater harvesting solutions was debateable given the additional carbon footprint associated with the operation of pumping systems.

 

Councillor AM Toon drew attention to the draft Heads of Terms and suggested that reference to North Hereford Park and Ride be amended to South Hereford Park and Ride, and that reference to The Hereford Academy be deleted given the status of that school and reported capacity.  She commented on the need for evening bus services in rural areas, particularly to provide access for young people into and from Hereford City.

 

Councillor DB Wilcox commented that Section 106 Agreements could not be too parochial as transportation matters, such as bus services or interconnectivity between settlements, inevitably involved wider areas and there was a risk that funding might be lost if obligations were too specific.  The Legal Practice Manager noted that the draft Heads of Terms only gave an outline of the proposed planning obligation agreement.

 

In response to a question from Councillor MD Lloyd-Hayes, the Principal Planning Officer explained that the Traffic Manager had sought further clarification regarding the access visibility splay.  Councillor Lloyd-Hayes welcomed some design elements, such as bay windows, and said that it was essential that monies towards educational infrastructure/facilities at Little Dewchurch CE Primary School were secured.

 

In response to a question from Councillor Dawe about timings, the Principal Planning Officer drew attention to paragraph 9 of the draft Heads of Terms which indicated that 'All the affordable housing units shall be completed and made available for occupation prior to the occupation of more than 50% of the other residential units on the development'.

 

The Legal Practice Manager summarised the actions to be taken in respect of the Heads of Terms as: reference being made to off site highway works and improved sustainable transport infrastructure being 'in the vicinity of Little Dewchurch'; the amendment from North, to South Hereford Park and Ride; and the deletion of the reference to The Hereford Academy.  Furthermore, additional conditions would be included in respect of the Code for Sustainable Homes and ecological requirements.

 

RESOLVED:

 

1.      The Legal Practice Manager be authorised to complete a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 covering the matters detailed in the Heads of Terms, as amended by the Sub-Committee above, and any additional matters that he considers necessary and 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 and subject to the additional information and minor changes requested by the Traffic Manager and Conservation Manager (Landscape) being provided:

 

That planning permission be granted 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.      B03 (Amended plans).

 

         Reason: To ensure the development is carried out in accordance with the amended plans and to comply with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

 

3.      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.

 

4.      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.

 

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.      G10 (Landscaping scheme).

 

         Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of Herefordshire Unitary Development Plan.

 

7.      G11 (Landscaping scheme - implementation).

 

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

 

8.      H03 (Visibility splays).

 

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

 

9.      H05 (Access gates).

 

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

 

10.    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.

 

11.    H09 (Driveway gradient).

 

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

 

12.    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.

 

13.    H21 (Wheel washing).

 

         Reason: To ensure that the wheels of vehicles are cleaned before leaving the site in the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

 

14.    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.

 

15.    H29 (Secure covered cycle parking provision).

 

         Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

 

16.    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.

 

17.    I22 (No surface water to public sewer).

 

         Reason: To safeguard the public sewerage system and reduce the risk of surcharge flooding so as to comply with Policy DR4 of Herefordshire Unitary Development Plan.

 

18.    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.

 

19.    I56 (Sustainable Homes Condition).

 

Reason: To promote the sustainability of the development hereby approved in accordance with Policies S1 and H13 of the Herefordshire Unitary Development Plan and PPS1 Supplement ‘Planning and Climate Change’.

 

20.    K4 (Nature Conservation - Implementation).

 

Reason: To ensure that all species are protected having regard o 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.

 

21.    K5 (Habitat Enhancement Scheme).

 

Reason: In order to ensure that diversity is conserved and enhanced in accordance with the requirements of PPS9, the NERC Act 2006 and Policies NC6, NC7, NC8 and NC9 of Herefordshire Unitary Development Plan.

 

Informatives:

 

1.       N19 - Avoidance of doubt - Approved Plans.

 

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