Proposed erection of four dwellings.

Proposed erection of four dwellings.

 

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

§               Two additional e-mails had been received, one from Mrs. Roberts of Corporation Farm withdrawing an objection and a new objection from Mrs. Lawson of 7 Holywell Gutter Lane.  It was noted that this repeated objections already covered in the report regarding increased traffic and associated highway and pedestrian safety concerns.

§               It was reported that an additional ecological survey was in the process of being carried out and a site had been identified for new orchard planting to compensate for the loss of fruit trees on the site.

§               It was also reported that, in terms of the required alterations to Holywell Gutter Lane, further scaled plans had been provided but it was still unclear whether the full extent of highway works were achievable due to land ownership restrictions.

§               It was recommended that if the applicant was unable to demonstrate that the alterations to Holywell Gutter Lane were achievable to the satisfaction of the Traffic Manager and were also visually acceptable by 25 August 2009, the application be refused under delegated powers.  If this matter could be resolved satisfactorily by 25 August 2009, delegated authority was sought in line with the original recommendation but to include the requirement for the completion of a Section 106 Agreement requiring the planting and management of a new Orchard at Field Farm, Hampton Bishop.

 

In accordance with the criteria for public speaking, Mr. Morgan spoke in objection to the application and Mr. Goldsworthy spoke in support of the application.

 

In response to matters raised by the objector, the Principal Planning Officer advised that: indiscriminate parking in the widened section of the access could be prohibited through a Traffic Regulation Order, to provide for double yellow lines and / or appropriate signage; a condition could be added to ensure that no business use could take place from the new dwellings without prior permission; and Welsh Water had no objections subject to conditions.

 

Councillor MD Lloyd-Hayes, a Local Ward Member, considered the application to be premature.  She commented on traffic speeds in the locality and expressed concerns about the safety of the access on Hampton Dene Road.  She also questioned the drainage arrangements and sought clarification about the ownership of nearby allotments.  The Principal Planning Officer advised that: subject to the applicant demonstrating that the alterations were achievable, the Traffic Manager's objection could be overcome; as there was no objection from Welsh Water, connection to the mains drain should be possible; and there should be no impact on the use of the allotments, as they were accessed from the other side of Holywell Gutter Lane.  Councillor Lloyd-Hayes commented on the public value of the lane and considered that more information was required before planning permission could be granted.  Therefore, she proposed that the application be refused as the proposal would compromise road safety and have a detrimental impact on residential amenity.

 

Councillor WJ Walling considered the principle of development to be acceptable and, subject to the widening of the access and suitable parking restrictions, supported the application.

 

Councillor NL Vaughan commented on traffic problems in the locality and considered the access to be inadequate in its present form.

 

Councillor AM Toon expressed concerns about the limitations of the drainage and highways infrastructure in the area but considered that delegation to officers to resolve the issues was acceptable, subject to the involvement of the Chairman and the Local Ward Members.  Councillor RI Matthews also commented on infrastructure issues in the area and the consequential impact on future developments.

 

The Central Team Leader advised that connection to the mains drain should be achievable given that system was located a relatively short distance from the site in Hampton Dene Road.

 

Councillor AT Oliver drew attention to the comments of the Conservation Manager, particularly that 'an area of orchard planting on the site will need to be removed to accommodate plots 4 and 5.  Orchards are an important resource for wildlife, they are both a local and a UK BAP Priority habitat'.  Councillor Oliver felt that the orchard planting should not be lost and that the proposal should be amended, with fewer dwellings, to ensure that this habitat was retained.

 

Councillor PJ Edwards sought reassurance that, as part of any delegation to officers, conditions would be included to prevent business use, to require parking restrictions at the access, and to provide an element of orchard replacement.

 

Councillor DW Greenow felt unable to support the application given the potential impact on highways safety and the loss of the orchard.

 

The Principal Planning Officer commented that the fruit trees could be removed at any time and, therefore, compensatory planting elsewhere as a consequence of this application could result in a betterment of the situation.

 

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

 

RESOLVED:

 

A)      If the applicant is unable to demonstrate that the alterations to Holywell Gutter Lane were achievable to the satisfaction of the Traffic Manager and were also visually acceptable by 25 August 2009, the application be refused under delegated powers.

 

B)     If the above matter can be satisfactorily resolved by the 25 August 2009 and subject to:

·                the Conservation Manager's requirements being satisfied with regard to additional ecological surveys;

·                a condition to ensure that no business use could take place from the new dwellings or outbuildings without prior permission;

·                a condition to facilitate parking restrictions and/or signage to prevent indiscriminate parking; and

·                the completion of a Section 106 Agreement requiring the planting and management of a new orchard at Field Farm, Hampton Bishop;

the officers named in the Scheme of Delegation to Officers, in consultation with the Chairman and the Local Ward Members, be authorised to issue the planning permission subject to the following conditions and any additional conditions considered necessary by officers:

 

Conditions

 

1.      A02 (Time limit for submission of reserved matters (outline permission)).

 

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

2.      A03 (Time limit for commencement (outline permission)).

 

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

3.       A04 (Approval of reserved matters).

 

Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to secure compliance with policy DR1 of the Herefordshire Unitary Development Plan.

 

4.       A05 (Plans and particulars of reserved matters).

 

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

5.       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.

 

6.       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.

 

7.       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.

 

8.      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.

 

9.      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.

 

10.    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.

 

11.    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.

 

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.    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.

 

14.    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.

 

15.    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'.

 

16.    L01 (Foul/surface water drainage).

 

Reason: To protect the integrity of the public sewerage system and to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

17.    L02 (No surface water to connect to public system).

 

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment so as to comply with Policy CF2 of Herefordshire Unitary Development Plan.

 

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

 

2.      N19 - Avoidance of doubt - Approved Plans.