Proposed construction of 20 new dwellings and new access road andassociated works.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided; the schedule of committee updates is appended to these minutes. During his presentation he addressed the key issues regarding the application, these included the principle of development; the loss of the playing field; the density and design of the development; the transportation issues; the foul drainage and surface water issues in the area; affordable housing; ecology and landscaping.

 

The Principal Planning Officer also clarified a number of points, including; that the access was 5.5 metres wide; that the visibility splay was 24 metres in one direction and 16 metres in the other; that the gradient into the site was 1 in 12 at its steepest point; and that the affordable housing would be allocated through the local housing association.

 

In accordance with the criteria for public speaking Mr Ashton, representing Colwall Parish Council, and Mr Hamilton, representing a number of local residents, both spoke in objection to the application, and Mr McCann, the applicant’s agent, spoke in support.

 

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor RV Stockton, the Vice-Chairman, speaking in his capacity of local ward member, commented on a number of issues, including:

 

• The application was acceptable subject to the resolution of the issues regarding the highway and the sewerage.
• The drain in question had been improved after recent cleaning and major work was taking place on 20and 21 December 2010 to resolve the remaining issues.
• The tennis court could be used for additional parking if required.
• Surface water is stored and released slowly giving a 45% improvement over the current situation.

 

In response to comments from the public speakers and the local ward member, the Principal Planning Officer confirmed that although the capacity of the sewerage system was a planning matter the maintenance of the system was the responsibility of Severn Trent. He also confirmed that the pupil roll had increased from 202 to 219 although the school had a maximum capacity of 300.

 

The Area Engineer (Development Control) advised Members that parking restrictions would need to be applied for by the Parish Council and would need to meet the required criteria. He also confirmed that it could take over a year for the works to be commenced.

 

One of the Members advised the Committee that he had attended the recent site inspection and noted that although the junction had already been improved there was still an issue regarding its navigation by large vehicles. It was noted that delivery vehicles and buses often reversed to the school through a no entry sign. Members noted that improvement works could rectify the issues regarding the junction.

 

A number of members commented on the application and had concerns regarding the reduced visibility out of the site due to the protected trees. Concerns were also raised in respect of child safety due to pupils having to cross a public footpath which separated the two school playing fields. Other concerns raised related to issues regarding waste water; possible over intensification of the site; concerns regarding traffic and parking; and the loss of amenity space. Due to these concerns a motion to refuse the application contrary to the Officer’s recommendation was moved and seconded.

 

In response to the highways question the Area Engineer (Development Control) confirmed that the visibility splay greatly exceeded the minimum requirements. He also confirmed that the maximum slope into the site was a ‘1 in 12’ gradient and that a slope as steep as ‘1 in 8’ was deemed acceptable.

 

The Principal Planning Officer advised Members that the tree branches were considerably higher than a car driver’s visibility and would therefore not have an impact on the visibility of a driver exiting the site. He also confirmed that the Mathon Road playing field previously referred to was already used by the school, and therefore this would not be affected as a result of the proposed application. In respect of the issue of density, he confirmed that the density of the development was 24 houses per hectare which was considered to be fairly low. Finally he added that there would be 45% less surface water due to the proposed engineering works on the site.

 

The Committee noted the concerns raised regarding traffic problems in the area but felt that this could be addressed. Members requested that this issue be delegated to Officers, in consultation with the local ward members and Chairman, if the application was approved.

 

In response to a question regarding affordable housing on the site, the Principal Planning Officer confirmed that there would be 4 affordable homes, this was a reduction on the usual 35% requirement in order to take into account a 6 bedroom dwelling at the request of the housing association. He also advised Members that density was considered by the inspector during the UDP consultation. He confirmed that the Inspector took into consideration the AONB, and conservation area, when determining the acceptable density for the site.

 

A Committee Members noted that the land being lost for development was being replaced through other playing fields. He also noted that the school was opening up its facilities to the wider public to benefit the people of Colwall.

 

The Assistant Director – Environment, Planning and Waste noted that the Committee had debated the application in detail and advised Members that the application had to be determined under current guidance. He added that Councils had to determine planning applications in accordance with policy unless there were material planning reasons to consider. He also noted that the site had been allocated for housing under our current Unitary Development Plan and had received no objections from the statutory consultees.

 

The Locum Lawyer and the Democratic Services Officer had a brief discussion in respect of section 4.8.10.2 of the Council’s Constitution regarding the Further Information Report process. The Assistant Director – Environment, Planning and Waste, and the Locum lawyer, representing the Monitoring Officer, both felt that a Further Information Report would not be required and therefore the Committee could proceed to the vote.

 

Councillor Stockton was given the opportunity to close the debate in accordance with the Council’s Constitution.

 

A motion to refuse the application contrary to the Officer’s recommendation was lost and the resolution below was agreed.

 

RESOLVED

 

1          The Head of Legal and Democratic Services be authorised to complete the planning obligation under Section 106 of the Town and Country Planning Act 1990 in accordance with the Heads of Terms (attached as an annex).

 

2          Upon completion of the abovementioned planning obligation Officers named in the Scheme of Delegation be authorised to issue planning permission subject to the following conditions:-

 

1          A01 Time limit for commencement (full permission)

           

2          Notwithstanding the detail upon the submitted planning application form, prior to the 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 in respect of the buildings;

•     Written details and samples of all surfacing materials in relation to the vehicular means of access, turning/manoeuvring areas, driveways, car parking areas and pedestrian pathways;

•     Details of the solar panels

•     Details of the rooflights

 

The development hereby permitted shall not commence until the Local Planning Authority has given such written approval. The development shall be carried out in strict accordance with the approved detail and thereafter maintained as such.

 

Reason: To ensure a satisfactory appearance to the development within the Conservation Area and the Area of Outstanding Natural Beauty in accordance with policies DR1, LA1 and HBA6 of the Herefordshire Unitary Development Plan 2007.

 

3          Prior to commencement of the development hereby permitted full written details of all proposed boundary treatments (i.e. fences, gates, walls or other means of enclosure) shall be submitted to the Local Planning Authority for their written approval. The approved boundary treatments for each plot shall be fully implemented prior to the first occupation of the house upon that plot and thereafter maintained as such. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) and any order revoking and re-erecting that Order, no other boundary treatments shall be erected without the express consent of the Local Planning Authority.

 

Reason: To ensure a satisfactory appearance to the development within the Conservation Area and the Area of Outstanding Natural Beauty and to safeguard the privacy of the occupiers of the houses hereby permitted in accordance with policies LA1 and HBA6 of the Herefordshire Unitary Development Plan 2007.

 

4          All planting, seeding and turfing in the approved details of landscaping (i.e. drawing number BAN17092-10 Rev E. received 13 October 2010) 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 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 in accordance with policy LA6 of the Herefordshire Unitary Development Plan 2007.

 

5          Prior to the first occupation of the dwellings hereby permitted the vehicular means of access, car parking/garaging, turning and manoeuvring areas for vehicles shall be implemented. Thereafter these areas and facilities shall be kept available for the manoeuvring and garaging/parking of motor vehicles.

 

Reason: To ensure adequate on-site car parking provision thus preventing additional parking on Brockhill Road in accordance with policies T11 and H16 of the Herefordshire Unitary Development Plan 2007.

 

6          Prior to commencement of the development hereby permitted full details of all external lighting (if any) shall be submitted to the Local Planning Authority for their written approval. The development shall be carried out in strict accordance with the approved details and thereafter no other external lighting shall be installed without the prior written consent of the Local Planning Authority.

 

Reason: To safeguard the rural character of the area, the Conservation Area and the Area of Outstanding Natural Beauty in accordance with policies LA1 and HBA6 of the Herefordshire Unitary Development Plan 2007.

 

7          Prior to the commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:-

 

•     Full details of the surface water drainage design (including the requisite calculations of the balancing storage volume) such that peak surface water discharge from the  development site during a 1 in 100 year storm (plus 30% for climate change) does not exceed 5.0 litres per second. These details must include a monitoring and maintenance plan in relation to these surface water drainage arrangements.

 

The development hereby permitted shall not commence until the Local Planning Authority has given such written approval. The approved surface water drainage arrangements shall be fully implemented prior to the first occupancy of any of the houses hereby permitted and thereafter maintained in accordance with the approved maintenance plan.

 

Reason: To ensure that the land drainage arrangements are satisfactory and do not exacerbate the risk of flooding in accordance with policy DR7 of the Herefordshire Unitary Development Plan 2007.

 

8          The finished ground floor levels of the houses hereby permitted shall be set 0.15 metre above finished ground level.

 

Reason: To ensure that the houses are not affected by overland flow of surface water that does occur in accordance with policy DR7 of the Herefordshire Unitary Development Plan 2007.

 

9          Prior to the commencement of the development, an ecological protection and enhancement strategy shall be submitted to the Local Planning Authority and implemented as approved and maintained thereafter unless otherwise agreed in writing with the Local Planning Authority.

 

Reason: To comply with policies NC6, NC8 and NC9 of the Herefordshire Unitary Development Plan 2007 and to meet the requirements of Planning Policy Statement 9 and the NERC Act 2006.

 

10        The existing hedgerow along the Brockhill Road frontage (i.e. the eastern boundary of the site) shall remain in-situ and none of it shall be removed other than at the approved vehicular means of access and two pedestrian pathways hereby permitted.

 

Reason: To ensure that the hedgerow along the road frontage that makes a positive contribution to the character and appearance of the area is retained in accordance with policy LA5 of the Herefordshire Unitary Development Plan 2007.

 

11        All works on-site shall be carried out in full accordance with the Arboricultural Method statement prepared by ACD Arboriculture dated 22/10/2009 received on 17 June 2010.

 

Reason: To safeguard all trees of amenity value that are worthy and capable of retention in accordance with policy LA5 of the Herefordshire Unitary Development Plan 2007.

 

12        Prior to commencement of the development hereby permitted the protective fencing as detailed upon drawing number BAN17092-03C (Scale 1:250) received 17 June 2010 and according with the advice in 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 shall be erected in the positions shown upon that plan. Once these protective measures have been erected but prior to the commencement of the development a suitably qualified arboricultural consultant shall inspect the site and write 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 ensure that the trees of amenity value that are worthy and capable of retention are not damaged and their long-term health and future retention not prejudiced in accordance with policy LA5 of the Herefordshire Unitary Development Plan 2007.

 

13        All of those parking areas, pedestrian pathways and parts of the vehicular means of access that are shaded in blue upon drawing number BAN17092-03C (Scale 1:250) received 17 June 2010 shall be constructed in full accordance with the "no-dig" method as set out in para. 11.8 of BS5837:2005 and thereafter maintained in accordance with that detail.

 

Reason: To ensure that the trees of amenity value that are worthy and capable of retention are not damaged and their long-term health and future retention not prejudiced in accordance with policy LA5 of the Herefordshire Unitary Development Plan 2007.

 

14        During the course of development and thereafter there shall be no excavation (including pipework and other excavation for services) within those areas of land that are shown upon drawing number BAN17092-03C (Scale 1:250) received 17 June 2010 to be enclosed by tree protection fencing and marked as exclusion zones.

 

Reason: To ensure that the trees of amenity value that are worthy and capable of retention are not damaged and their long-term health and future retention not prejudiced in accordance with policy LA5 of the Herefordshire Unitary Development Plan 2007.

 

15        That part of the vehicular means of access to the site shown upon drawing number BAN17092-03C (Scale 1:250) received 17 June 2010 to be constructed using a "no-dig" method as advised in BS5837:2005 shall be constructed in full accordance with that detail prior to any construction traffic entering the site. Thereafter that access detail shall be maintained in-situ in accordance with that detail.

 

Reason: To ensure that the trees of amenity value that are worthy and capable of  retention are not damaged and their long-term health and future retention not prejudiced in accordance with policy LA5 of the Herefordshire Unitary Development Plan 2007.

 

16        H27 - Parking for site operatives

 

17        H18 - On site roads - submission of details

 

18        I55 - Site Waste Management

 

19        During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00 am-6.00pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays.

 

Reason: To protect the amenity of local residents and to comply with Policy DR13 of Herefordshire Unitary Development Plan.

 

20        Prior to commencement of the development a timetable shall be submitted, for approval in writing of the Local Planning Auhtority, agreeing deliveries taken at or despatched from the site during the construction phase to ensure no conflict with school traffic and development carried out in accordance with this condition.

 

21        All construction deliveries related to the development hereby permitted, including preparation prior to building operations, shall only take place outside the hours of 08:30 and 09:30 and 15:00 and 16:00.

 

Reason:  In the interest of highway safety.

 

INFORMATIVES:

 

1          Reason for approval:- The development accords with the provisions of the Development Plan in that it involves house building upon a site specifically allocated for housing development. The detail of the development is considered to preserve the character and appearance of the Conservation Area and Area of Outstanding Natural Beauty. It is not considered that any unacceptable risk to highway safety would arise and both the foul and surface water drainage arrangements are considered to be acceptable. There would not be any adverse impacts upon trees the subject of a Tree Preservation Order nor would there be any undue loss of amenity to neighbouring residents. The loss of the playing field would not lead to a deficiency of open space and recreational provision within the locality. There are no other material planning considerations that would justify a refusal of planning permission.

 

2          N19 Avoidance of doubt - Approved plans

 

3          HN08 Section 38 Agreement & drainage details

 

4          HN01 Mud on highway

 

5          HN04 Private apparatus within highway

 

6          HN05 Works within the highway

 

7          HN28 Highways Design Guide and Specification

 

8          I13 - This planning permission is pursuant to a planning obligation under Section 106 of the Town and Country Planning Act 1990.