Proposed erection of two dwellings.

and

Discharge of planning obligation – SH920169PO erection of one bungalow.

Both applications were approved in accordance with the Case Officer’s recommendation.

The Development Manager (Hereford and Southern Localities) gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

He advised the Committee that the report now made reference to a linked application in respect of the discharge of the existing Section 106 Agreement on the site. He advised Members that there was a restriction on further development of the site as a result of the Section 106 Agreement granted in 1992 at a time when the site was outside of the settlement boundary. He added that the site now fell within the settlement boundary so the Section 106 Agreement served no purpose.

In accordance with the criteria for public speaking, Mr Clark, representing Fownhope Parish Council, and Mr Jolley, a neighbouring resident, spoke in objection to the application.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor J Hardwick, the local ward member, commented on a number of issues, including:

·         The planning history of the site, including the Section 106 Agreement, had to be considered when determining the application.

·         The site fell on a highly visible piece of green open space at the gateway to the village.

·         The proposed application failed to preserve or enhance the conservation area and was therefore contrary to UDP policies HBA6 and HBA9.

·         The proposed application was also contrary to UDP Policy LA5 due to the loss of several trees on the site.

·         The application was a concern to the local residents and the Parish Council, whose comments should be noted.

·         The proposed dwellings were too large in scale.

Members discussed the application and felt that the site visit had proved beneficial in assessing the application and highlighting the concerns of the local residents. The existing Section 106 Agreement was noted but the Committee was of the opinion that planning policy had changed and that the site was now contained within the settlement boundary and therefore the Section 106 Agreement should be discharged as per the application.

Some Members of the Committee had reservations in respect of the design of the development and felt that a single storey development on the site would be more acceptable and would also appease the concerns of some of the neighbouring residents’ concerns.

Councillor J Hardwick, the local ward member, was given the opportunity to close the debate and reiterated his opening remarks.

RESOLVED

In respect of DMS/112643/F that planning permission be granted subject to the following conditions:

1.         A01 Time limit for commencement (full permission)

2.         B02 Development in accordance with approved plans and materials

3.         C01 Samples of external materials

4.         F07 Domestic use only of garage

5.         F17 Obscure glazing to windows

6.         G11 Landscaping scheme - implementation

7.         G07 Protection of trees covered by a Tree Preservation Order

8.         G03 Retention of existing trees/hedgerows

9.         G12 Hedgerow planting

10.       H03 Visibility splays

11.       H09 Driveway gradient

12.       H13 Access, turning area and parking

13.       H27 Parking for site operatives

14.       Foul water and surface water discharges shall be drained separately from the site.

Reason To protect the integrity of the public sewerage system.

15.       No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the local planning authority.

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.

16.       Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

17.       K5  Habitat Enhancement Scheme (to include working method statement)

Informative:

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

In respect of DMS/11321/G that the Planning Obligation associated with Application No. SH920169PO be discharged for the following reason:

1.         The local planning authority consider that the provisions of the Section 106 Agreement dated 5 August 1992 to restrict residential development on land adjacent to Westholme, Fownhope, Herefordshire, reference SH920169PO, is no longer required and does not serve a useful planning purpose.