Agenda item

132230/O Land adjacent to Cross Farm, Credenhill, Herefordshire, HR4 7DJ

Site for erection of nine houses and associated development.

Decision:

The application was approved in accordance with the Case Officer’s recommendation, with additions to the content of the Section 106 agreement

Minutes:

The Principal Planning Officer gave a presentation on the application, which had been deferred by the Committee on 12 February 2014, highlighting the updates to the previous report.

In accordance with the criteria for public speaking, Mr P Burridge, Vice-Chairman of Credenhill Parish Council spoke on the Scheme. 

In accordance with paragraph 4.8.2.2 of the Council’s Constitution,   Councillor RI Matthews, the local ward member, spoke on the application.

He commented on a number of issues including:

The offer of the applicant’s agent set out at paragraph 6 of the report responded to the local community’s wish to see a bus layby established to improve highway safety.  The owner of the land required for the layby had indicated that they would release the necessary land.

He referred to a number of e-mail exchanges with Council officers and the police which he asserted emphasised the highway safety issues at the location and the extent to which these would be mitigated by the provision of a bus layby.  He reiterated that evidence from the Safer Roads Partnership recorded more accidents in the location than had been reported to the Committee.  He therefore supported the use of all the S106 money to provide a bus layby.  If this were not agreed he requested that the Committee refuse the application on highway safety grounds.

The debate opened and the following principal points were made:

The principle of the development had to be supported given the Council’s lack of a 5 year housing supply.

The site visit had proved useful in assessing vehicle and pedestrian movements and the need for improved highway safety was clear.

The provision of the bus layby would address the concern about highway safety and all the Section 106 money should be allocated for that purpose.

The Transportation Manager had not objected on highway safety grounds.  It was questioned whether allocating all the Section 106 money for the provision of a bus layby was therefore necessary and the best use of those monies and whether, for example, the Parish Council could help to fund the layby instead.  The report stated that there was a risk that the scheme to provide the layby might not be achieved and that in that event after 5 years the Section 106 money, if allocated solely for the layby, would be returned to the applicant.

The Development Manager commented that it would be open to the Committee to provide in the Section 106 Agreement that if the layby scheme did not come to fruition the section 106 monies would be redirected to other purposes as set out in the original draft Heads of Terms provided..

The local ward member was given the opportunity to close the debate and supported the approval of the application on the basis outlined by the Development Manager.

RESOLVED: That subject to the completion of a Section 106 agreement (in accordance with the Heads of Terms attached as amended in accordance with the provision listed after condition 27 below ) planning permission be granted subject to the following conditions:

 

1.

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

           

2.

A03 Time limit for commencement (outline permission)

 

3.

A04 Approval of reserved matters

 

4.

A05 Plans and particulars of reserved matters

 

5.

B01 Development in accordance with the approved plans

 

6.

C01 Samples of external materials

 

7.

H01 Single access - no footway

 

8.

H09 Driveway gradient

 

9.

H18 On site roads - submission of details

 

10.

H19 On site roads - phasing

 

11.

H21 Wheel washing

 

12.

G15 Landscape maintenance arrangements

 

13.

H29 Secure covered cycle parking provision

 

14.

Before any other works hereby approved on the application site are commenced, the access shall be modified and constructed in accordance with details shown on drawing number 6991-600 Rev B and with engineering details agreed in relation to condition    above.

Reason:  In the interests of highway safety and to conform with the requirements of DR3 of Herefordshire Unitary Development Plan and the National Planning Policy Framework.

 

15.

K4 Nature Conservation - Implementation

 

16.

L01 Foul/surface water drainage

 

17.

L02 No surface water to connect to public system

 

18.

L03 No drainage run-off to public system

 

19.

I51 Details of slab levels

 

20.

G09 Details of Boundary treatments

 

21.

G10 Landscaping scheme

 

22.

G11 Landscaping scheme - implementation

 

23.

G04 Protection of trees/hedgerows that are to be retained

 

24.

G14 Landscape management plan

 

25.

G15 Landscape maintenance arrangements

 

26.

I16 Restriction of hours during construction

 

27.

I20 Scheme of surface water drainage

 

In addition the Section 106 Agreement will provide that the Section 106 monies be allocated solely for a bus layby in the first instance but, if the layby scheme does not come to fruition within 5 years of receipt of the sum, the section 106 monies will be redirected to other purposes as set out in the original Draft Heads of Terms.

 

 

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.

HN10 No drainage to discharge to highway

 

3.

HN08 Section 38 Agreement & Drainage details

 

4.

HN01 Mud on highway

 

5.

HN28 Highways Design Guide and Specification

 

6.

HN13 Protection of visibility splays on private land

 

7.

N11C General

 

8.

N14 Party Wall Act 1996

 

 

Supporting documents: