Erection of two storey dwellinghouse.

The application was approved in accordance with the case officer’s recommendation.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

 

In accordance with the criteria for public speaking, Mr Ashton, representing Colwall Parish Council, spoke in objection to the application and Mr Barry, the applicant’s agent, spoke in support.

 

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

 

·         There were very few objections from local residents.

·         The application had been bourn out as a result of the health needs of the applicant.

·         The proposed screening would address any concerns.

·         There were no windows on the northern elevation of the proposed dwelling.

·         One additional dwelling would not have an adverse impact on traffic in the area.

·         The proposed dwelling was adjacent to the settlement boundary but would have been inside the settlement boundary had it been a straight line.

·         Both local ward members supported the application.

 

The Committee opened the debate with a Member speaking in support of the application. He did however request that the Committee consider two minor amendments to the recommendation. He was of the opinion that the informative note regarding land drainage consent should be added as a condition and that condition 7 should be amended to require mature planting.

 

In response to a question regarding the zinc roof, the Principal Planning Officer confirmed that the roof was not corrugated but that it did have seams which added to the aesthetics of the roof. He also confirmed that the roof would initially be a silver grey colour but that it would end up as a more weathered colour. In response to a further question he confirmed that the render would be white or off-white.

 

Members noted that the proposed dwelling was the second application to meet the ‘Passivhaus’ standard bought before committee in recent months. They welcomed the sustainable nature of the application.

 

Concerns were expressed in respect of the Council’s lack of a five year housing supply. The Committee felt that this matter needed to be resolved as a matter of urgency to avoid a large number of similar applications being submitted throughout the County. It was noted that Parish Councils were still making their recommendations based on settlement boundaries but that this had changed significantly with the introduction of the National Planning Policy Framework in 2012 and a presumption in favour of sustainable development on sites adjoining the settlement boundary.

 

In response to a number of issues raised during the debate the Principal Planning Officer confirmed that part of the site had flooded in 2007 but that the proposed dwelling was not due to be sited on this portion of the site. He also confirmed that planning conditions should not deal with matters that were subject to a separate process. Therefore he advised the Committee against making the informative note requiring land drainage consent into a condition. In response to the request for mature planting he advised the Committee that the Landscape Officer had advised that mature planting resulted in a higher failure rate and that small plants had a far better growth rate, therefore he requested that condition 7 should not be amended.

 

The Member who moved the motion subject to the two amendments referred to above accepted the guidance of the Principal Planning Officer and removed the two amendments from the motion.

 

Councillor AW Johnson was given the opportunity to close the debate. He chose to make no additional statement.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1.         The development hereby permitted shall be begun before 20 February 2014.

 

Reason: To comply with the provisions of Section 91(1) (b) of the Town and Country Planning Act 1990 (as amended) and to reflect the decision of the Local Planning Authority on 4 March 2009 to suspend (effective from 1 April 2009) the requirements of the Local Planning Authority's 'Planning Obligations' Supplementary Planning Document (February 2008) in relation to all employment developments falling within Classes B1, B2, and B8 of the Town and Country Planning (Use Classes) (Amendment) (England) Order 2005, the employment element of any mixed use development and residential developments of five dwellings or less.

           

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

 

·         A full written schedule (including colour finishes) of all external materials (including doors, rainwater goods and windows.

·         Written details and samples of the surfacing material to the driveway.

·         Full details of all external lighting (if any.

·         Full details of the "green roof".

·         Written details of the colour of the render and paint colour (if any) to the flue.

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

 

Reason To ensure a satisfactory appearance to the development in accordance with Policies DR1, LA1 and HBA6 of the Herefordshire Unitary Development Plan 2007.

 

3.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended, including the Town and Country Planning (General Permitted Development) (Amendment( (No.2) (England) Order 2008 (or any order revoking and re-enacting that Order with or without modification) no development normally permitted by Classes A, B. C, D, E, F and G of Part 1 and Classes A and C of Part 2 of Schedule 2 of Article 3 of the General Permitted Development Order 1995 shall be carried out without the express consent of the Local Planning Authority.

 

Reasons:

 

a) To safeguard the architectural integrity of the scheme and to safeguard the character and appearance of the area which  hereabouts is designated as an Area of Outstanding Natural Beauty and a Conservation Area, in accordance with Policies LA1, HBA6 and DR1 of the Herefordshire Unitary Development Plan 2007.

 

b) To safeguard the privacy of the occupiers of the dwellinghouse to the north known as 'Whitegates' in accordance with Policy DR2 of the Herefordshire Unitary Development Plan 2007.

 

4.         Prior to commencement of the development hereby permitted all existing trees shown to be retained upon the approved drawings shall be protected by fencing of in accordance with the advice contained within BS5837:2012. Once these protective measures have been erected but prior to commencement of the development a suitably qualified arboricultural consultant appointed by the developer shall inspect the site and write to the Local Planning Authority 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 safeguard the trees upon the site that are of amenity value in accordance with Policy LA5 of the Herefordshire Unitary Development Plan 2007.

 

5.         Other than any external lighting permitted pursuant to condition 2 above, no further external shall be installed upon the site, including the external elevations of the building, without the express consent of the Local Planning Authority.

 

Reason: To safeguard the character of the Malvern Hills Area of Outstanding Natural Beauty in accordance with Policies LA1 and DR14 of the Herefordshire Unitary Development Plan 2007.

 

6.         The car port hereby permitted shall be permanently kept available for the parking of two private motor vehicles.

 

Reason: In the interests of highway safety and to ensure that the site is dominated by the parking of private motor vehicles thus ensuring that the character and appearance of the Conservation Area and Malvern Hills Area of Outstanding Natural Beauty is not adversely affected, in accordance with Policies T11, LA1 and HBA6 of the Herefordshire Unitary Development Plan 2007.

 

7.         All planting in the approved details of landscaping (i.e. Landscaping Proposals - Drawing number CHC 001 (Scale 1:200) received 10 January 2013) shall be carried out in the first planting and seeding seasons following the first occupation of the dwellinghouse hereby permitted or completion of the development (whichever is the sooner). Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced 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 landscape and to soften the rear (north) elevation of the dwellinghouse when viewed from the garden of 'Whitegates' to the north, in accordance with Policies LA1 and LA6 of the Herefordshire Unitary Development Plan 2007.

 

8.         Prior to commencement of works on site, evidence that the proposed dwelling design and specification complies with Passivhaus Certification criteria is to be submitted to the Local Planning Authority by a CEPH (Certified European Passivhaus) designer. Evidence is to include full PHPP (Passivhaus Planning Package) assessment, proposed construction method including specification for all external envelope elements, general arrangement plans, sections and elevations, key junction details and ventilation design information. The works on site shall not commence until the Local Planning Authority have confirmed in writing receipt of the aforementioned evidence and their satisfaction with the submitted documentation.

 

Reason: The sustainability credentials of the proposed building was given considerable weight in the decision of the Local Planning Authority to grant planning permission for the dwellinghouse and to accord with Policy S1 of the Herefordshire Unitary Development Plan 2007.

 

9.         Evidence of Passivhaus certification received from the Passivhaus Institute in Darmstadt shall be submitted to the Local Planning Authority by an accredited Passivhaus assessor within six months of the first occupation of the dwellinghouse hereby permitted.

 

Reason: The sustainability credentials of the proposed building was given considerable weight in the decision of the Local Planning Authority to grant planning permission for the dwellinghouse and to accord with Policy S1 of the Herefordshire Unitary Development Plan 2007.

 

10.       Prior to commencement of the development hereby permitted, a Construction Environmental Management Plan and Habitat Enhancement scheme shall be submitted to the Local Planning Authority for their written approval. This shall include timing of the works, details of storage of materials to minimise the extent of dust, odour, noise and vibration arising from the construction process. The development shall not commence until the Local Planning Authority has given such written approval. The  Construction Environmental Management Plan and Habitat Enhancement scheme shall be carried out in full accordance with the approved details and thereafter maintained as such;

 

Reasons:-

 

a) To ensure that all species and sites are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats Regulations 2010 and policies NC1, NC6 And NC7 of the Herefordshire Unitary Development Plan 2007.

 

b) To comply with policies NC8 and NC9 of the Herefordshire Unitary Development Plan 2007 in relation to Nature Conservation and Bio-diversity and to meet the requirements of the NPPF and the NERC Act 2006.

 

Reasons for Approval.

 

11.       Whilst the proposal is contrary to the provisions of the Development Plan in that it would provide a new house outside of the existing settlement boundary, in this instance it was considered that full conditional planning permission should be granted as:

 

a) Herefordshire Council has a shortfall in its 5 year housing land supply plus 5%.

b) The site immediately abuts the settlement boundary of Colwall which is a main village and considered to be sustainable.

c) The design of the building is outstanding in terms of both its architecture and sustainability credentials.

d) The proposal would enhance the Conservation Area.

e) The proposal would not harm the landscape which hereabouts is designated as an Area of Outstanding Natural Beauty.

f) In all other respects the proposal is considered to be acceptable in planning terms.

 

The decision was also made in the context of the National Planning Policy Framework which advances a presumption in favour of sustainable development.

 

Informatives:

 

1.         The Local Planning Authority acted positively and proactively in dealing with this development by providing pre-application advice prior to the submission of the planning application.

 

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations. Negotiations in respect of minor matters of concern with the application (as originally submitted) have resulted in the submission of a detailed landscaping scheme.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

2.         The applicant/developer are advised that a separate Land drainage consent from the Lead Local Flood authority (Herefordshire Council – Agents Amey) will be required. The relevant contact is Martin.Jackson@amey.co.uk

 

3.         The documents to which this decision relate are:

 

·         Planning Application Form received 30 October 2012.

·         Topographical Survey – Drawing number G 7217/1 received 30 October 2012.

·         Site Location Plan – Drawing number 7022 PL001 Revision 1 (Scale 1:1250) received 30 October 2012.

·         Site Plan – Drawing number 7022 PL002 Revision 1 (Scale 1:200) received 30 October 2012.

·         Floor Plans – Drawing number 7022 PL100 Revision 1 (Scale 1:100) received 30 October 2012.

·         Elevations – Drawing number 7022 PL600 Revision 1 (Scale 1:100) received 30 October 2012.

·         Sections – Drawing 7022 PL800 Revision 1 received 30 October 2012.

·         Perspectives – Drawing 7022 PL810 Revision 1 received 30 October 2012.

·         Timber Cladding Details – Drawing number 7022 PL910 received 30 October 2012.

·         Bridge Details – Drawing number 7022 PL900 Revision 1 received 30 October 2012.

·         Design & Access Statement (October 2012) received 30 October 2012.

·         Aboricultural Implications Assessment received 30th October 2012.

·         Landscaping Proposals – Drawing number CHC 001 (Scale 1:200) received 10 January 2013.