Erection of 12 new dwellings (6 of which are affordable housing).

The application was approved in accordance with the Case Officer’s recommendation, subject to additional conditions.

The Principal Planning Officer gave a presentation on the application.  He commented that it was now proposed that flood alleviation works should be completed prior to commencement of the development, rather than prior to the first occupation as set out in the draft heads of terms for a Section 106 Agreement.

In accordance with the criteria for public speaking, Mr C Walker, a resident, spoke in objection.  Mr Milne, the Applicant and Mr A Jamieson, the Applicant’s agent spoke in support.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillors CNH Attwood and AW Johnson, the local ward members, spoke on the application.

Councillor Johnson commented on a number of issues including:

That residents were not opposed to the development in principle.

It was accepted that the application site did not contribute to the existing flooding events and the proposed development would not add to the problem, except in respect of the additional traffic it would generate.  The Parish Council and residents considered that work should be undertaken to address flooding issues prior to any development taking place. He supported this view.

The applicant’s offer of a contribution to flood measures was welcome.  However, as the site was not identified by the Environment Agency as being at risk of flooding there was a concern that the Agency might not make the necessary additional funding for the flood measures available given the competing demands upon its resources.

Councillor Attwood commented on a number of issues including:

The site did not contribute to the flooding but access to it would be compromised by flooding.  The Unitary Development Plan policy opposed development in such circumstances.  Increased traffic would exacerbate the problems faced by existing residents.  It was therefore essential that work was carried out to mitigate the immediate effects of the flooding.  An engineer who served on the Parish Council had identified action that could be taken at once in advance of any Environment Agency Funding being secured.

It was important that a hedgerow was planted as proposed to separate the development from the adjoining undeveloped land and that that land remained undeveloped.

The debate opened and the following principal points were made:

The additional affordable housing was welcomed, however, it was disappointing that the it was proposed to be built at energy efficiency level 3; the Council should be encouraging development to attain the highest efficiency levels.

In response to questions the Principal Planning Officer clarified where the drainage scheme for the site would be located and how it would work. 

The Principal Planning Officer stated that he had been advised that a bid to the Environment Agency for funding would have a reasonable chance of success given the offer of £30k from the applicant against an estimated cost for flooding measures of £70k.  He reiterated that any flooding scheme would be addressing existing issues and the offer of funding from the applicant presented an opportunity to resolve the matter.  If a bid was submitted to the Environment Agency by the March deadline a decision would be expected by autumn 2014.

The Legal Officer confirmed that if the development were to proceed and flooding occurred on the site there would be no direct liability on the Council’s part.  Consideration would fall to the wider duties of the Council and reliance on expert opinion was a reasonable basis for a decision.  She reminded the Committee that it needed to direct itself to the application before it, the professional evidence presented to it, and bear in mind the advice it had received that the development would not contribute to the flooding situation.

The application was a good scheme offering 50% affordable housing and should be welcomed.  The Committee should not be distracted by matters external to the application site.

The Development Manager commented that if the Committee was minded to support the application two further conditions had been requested by the Parish Council relating to site operative parking during construction and to the hours of construction.  He also reminded Members of the Council’s lack of a 5 year housing supply and the need to give this significant weight in the decision making process.

The local ward members were given the opportunity to close the debate.  Councillor Attwood reiterated the need for immediate flooding mitigation measures.

The Chairman commented that flooding mitigation measures to address the existing issues needed to be considered by the relevant authorities irrespective of the outcome of the planning application.

 

RESOLVED: That subject to the prior completion of a Section 106 legal agreement in accordance with the Draft Heads of Terms Full Planning Permission be granted subject to the following conditions:-

 

1.         A01 Time limit for commencement (full permission)

           

 

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 and samples of all external materials.

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

 

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 and H13 of the Herefordshire Unitary Development Plan 2007.

 

 

3.         B01 Development in accordance with the approved plans

 

 

4.         Prior to 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 precise bridge design over the Evendine Brook ensuring that the soffit of the bridge is at a minimum of 118.3 m AOD (above ordnance datum)

•           A detailed surface water management strategy that demonstrates consideration of the use of a Sustainable Urban Drainage Strategy (SUDS) for both infiltration and attenuation of post development flows. Such a strategy must be informed by an assessment of groundwater levels and likely groundwater movements together with on- site infiltration testing. The detailed surface water management strategy must demonstrate attenuation of post-development surface water run-off via a SUDS management train such that no more than 5 litres per second shall enter Evendine Brook from either side

 

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 compliance with policy DR7 of the Herefordshire Unitary Development Plan 2007.

 

 

5.         All of the recommendations set out in Sections 4, 5, 6, 7 and 8 of Appendix 3: Working Statement and Summary Recommendations of the ecologist’s report dated 13th March 2013 shall be followed in relation to the identified reptiles and amphibians. In addition, all recommendations specified in Appendix 3; Target notes (for the landscaping scheme) for biodiversity enhancement shall be followed in full.

 

Reasons: to ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (and amendment 2012) and policies NC1, NC6 and NC7 of the Herefordshire Unitary Development Plan 2007.

 

To comply with policies NC8 and NC9 of the Herefordshire Unitary Development Plan 1990 in relation to Nature conservation and Biodiversity and to meet the requirements of the NPPF and the NERC Act 2006.

 

 

6.         An appropriately qualified and experienced ecological clerk of works shall be appointed (or consultant engaged in that capacity) top oversee the ecological mitigation works.

 

Reasons: to ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010 (and amendment 2012) and policies NC1, NC6 and NC7 of the Herefordshire Unitary Development Plan 2007.

To comply with policies NC8 and NC9 of the Herefordshire Unitary Development Plan 1990 in relation to Nature conservation and Biodiversity and to meet the requirements of the NPPF and the NERC Act 2006.

 

 

7.         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.

 

 

8.         All planting, seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting season following completion of the development or the first occupation of the entire development (whichever is the sooner). Any trees or plants which within a period of five years of their planting die are removed or become seriously damaged or diseased shall be replaced in the next plantings 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.

 

 

9.         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) for each of the twelve plots shall be submitted to the Local Planning Authority for their written approval. The approved boundary treatments for each dwelling shall be fully implemented prior to the first occupation of the dwelling upon that plot and thereafter maintained as such. Notwithstanding the provisions of Class A of Part2 of Schedule 2 of Article3 of the General Permitted Development Order 1995, 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 in accordance with Policies DRl, HI3 and LA1of the Herefordshire Unitary Development Plan 2007.

 

 

10        I16 – Restriction of hours during construction

 

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.

 

11        H27 - Parking for site operatives

 

Development shall not begin until parking for site operatives and visitors has been provided within the application site in accordance with details to be submitted to and approved by the local planning authority and such provision shall be retained and kept available during construction of the development.

 

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

 

Informatives:

 

1.         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 matters of concern with the application (as originally submitted) have resulted in amendments to the proposal.  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 attention of the applicant is drawn to the provisions of the Wildlife and Countryside Act 1981 (as amended). This gives statutory protection to a number of species and their habitats including nesting birds. Other animals are also protected under their own legislation. Should any protected species or their habitat be identified during the course of the development then work should cease immediately and Natural England should be informed. They can be contacted at: Block B, Government Buildings, Whittington Road, Worcester, WR5 2LQ. Tel: 0300

060 6000.

 

3.         The attention of the applicant is also drawn to the provisions of the Conservation of Habitats and Species Regulations 2010. In particular, European protected animal species and their breeding sites or resting places are protected under Regulation 40. It is an offence for anyone to deliberately capture, injure or kill any such animal. It is also an offence to damage or destroy a breeding or resting place of such an

animal.

 

4.         HN05 Works within the highway

 

5.         HN04 Private apparatus within highway