Agenda item
140285/0 land at Porthouse Farm, Tenbury Road, Bromyard, Herefordshire, HR7 4NJ
Hybrid application – part outline for 76 dwellings (35% affordable) and a business centre for B1 uses, with all matters except access to be reserved. Part full, for the development of a single B1 business unit and the means of access thereto.
Decision:
The application was approved in accordance with the Case Officer’s recommendation, with modified conditions.
Minutes:
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, as appended to these Minutes, including a proposed change to the recommendation.
He added that, following discussion, it was proposed that the educational contributions included in the Heads of Terms appended to the report should be subject to further discussion with the local ward members and the Chairman of the Planning Committee.
In accordance with the criteria for public speaking, Mr R Page of Bromyard and Winslow Town Council spoke in support of the Scheme.
In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillors JG Lester and A Seldon, the local ward members, spoke on the application.
Councillor Seldon commented that it had been a painstaking process but the current application represented an acceptable compromise that was to everyone’s benefit. He added that the history of the application was an example of how important it was that the Council listened to local communities to avoid discord.
Councillor Lester agreed with Councillor Seldon’s comments and that as stated at paragraph 6.11 of the report the application represented a reasonable compromise.
The debate opened and the following principal points were made:
· The Town Council had agreed to support the application subject to six conditions, all of which had been met. The work of the Town Council and the applicants was to be commended.
· It was proposed that a condition should be imposed governing the hours of operation of the industrial units.
· It had been fortunate that it had been possible to reach a compromise, noting the grounds on which an Inspector had rejected an appeal by the applicants against the Committee’s refusal of an earlier application. The Committee was not in a position to act so robustly in a number of other cases because of the national constraints now upon it and the potential this carried for there to be conflict with the wishes of the local community needed to be recognised.
· It was requested that the development should be completed to a high standard.
· The Development Manager commented that it had been a long process but the community and the developer had worked together in an exemplary fashion to achieve an acceptable solution.
The local ward members were given the opportunity to close the debate and reiterated their support for the Scheme.
RESOLVED: That officers named in the scheme of delegation be authorised to issue planning permission subject to:
The completion of a planning obligation under Section 106 of the Town and Country Planning Act 1990 in accordance with the Heads of Terms appended to this report, as amended in accordance with the Committee Update deleting reference in the third clause of the Draft Heads of Terms Agreement to affordable dwellings,and subject to consultation with the Chairman and the local ward members on the educational contributions contained within the Heads of Terms; and
The conditions set out in the report and any varied or additional conditions considered necessary by officers:
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1. |
C02 - A02 Time limit for submission of reserved matters (outline permission) |
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2. |
C03 - A03 Time limit for commencement (outline permission) |
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3. |
C04 - A04 Approval of reserved matters |
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4. |
C05 - A05 Plans and particulars of reserved matters |
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5. |
C06 - B01 Development in accordance with the approved plans |
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6. |
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 foul sewerage disposal arrangements
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 that effective drainage facilities are provided for the proposed development and that no adverse impact occurs to the environment or the existing public sewerage system, in accordance with policies DR4 and DR6 of the Herefordshire Unitary Development Plan 2007. |
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With regard the details required to be submitted pursuant to condition 6 above, no surface water or land drainage run-off shall be discharged, either directly or indirectly, to the public sewerage system. Reason: To protect the integrity of the public sewerage system, to prevent hydraulic overloading of the public sewerage system and ensure no detriment to the environment, in accordance with policies DR4 and DR6 of the Herefordshire Unitary Development Plan 2007. |
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With regard the details of foul sewerage disposal arrangements required to be submitted pursuant to condition 4 above, no more than 7 litres per second shall be discharged into the public sewerage system, thus requiring an on-site pumping station. The scheme shall be implemented with this restricted flow and thereafter maintained as such. Reason: To protect the integrity of the public sewerage system, to prevent hydraulic overloading of the public sewerage system and ensure no detriment to the environment, in accordance with policies DR4 and DR6 of the Herefordshire Unitary Development Plan 2007. |
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9. |
No development shall take place until the following has been submitted to and approved in writing by the Local Planning Authority: a) a 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice. b) if the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors. c) if the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed. The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the local planning authority for written approval. Reason: In the interests of human health in accordance with policy DR10 of the Herefordshire Unitary Development Plan 2007. |
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The Remediation Scheme, as approved pursuant to condition number 7 above, shall be fully implemented before development is first occupied. On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken. Reason: In the interests of human health in accordance with policy DR10 of the Herefordshire Unitary Development Plan 2007. |
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No building operation shall take place until the re-graded bund permitted by planning permission DMN/111900/N has been completed. Thereafter this bund shall remain in-situ and be maintained in accordance with the approved details. Reason: To ensure that the occupiers of the dwelling houses enjoy a satisfactory level of amenity in compliance with policy DR13 of the Herefordshire Unitary Development Plan 2007. |
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The recommendations set out in the ecologist's reports dated February 2013 and June 2010 shall be followed unless otherwise agreed in writing by the local planning authority. Prior to commencement of the development, an update assessment and full working method statement should be submitted to and be approved in writing by the local planning authority, and the work shall be implemented as approved. 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 Policies NC1, NC6 and NC7 of the Herefordshire Unitary Development Plan. To comply with Policies NC8 and NC9 of Herefordshire's Unitary Development Plan in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006. |
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Prior to commencement of the development, a full habitat enhancement and management scheme, including reference to Herefordshire's Biodiversity Action Plan Priority Habitats and Species, including timescale for implementation, shall be submitted to and be approved in writing by the local planning authority. The work shall be implemented as approved. Reason: 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 Policies NC1, NC6 and NC7 of the Herefordshire Unitary Development Plan. To comply with Policies NC8 and NC9 of Herefordshire's Unitary Development Plan in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006. |
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An appropriately qualified and experienced ecological clerk of works shall be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation and enhancement work. Reason: 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 Policies NC1, NC6 and NC7 of the Herefordshire Unitary Development Plan. To comply with Policies NC8 and NC9 of Herefordshire's Unitary Development Plan in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006. |
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Prior to the start of construction of any dwelling house hereby permitted a detailed scheme for the future maintenance of a continuous and imperforate 4.5 metre high timber acoustic fence, sealed at the base, with a density of at least 15 kg/m2 shall be submitted for approval to the Local Planning Authority. The fence shall then be erected prior to the first occupation of any dwellings along the alignment shown on the drawing number 0609_11/d/2.02 and thereafter be retained and maintained in accordance with the approved scheme. Reason: To ensure that the occupiers of the dwelling houses hereby permitted do not suffer an undue level of noise in accordance with policy DR13 of the Herefordshire Unitary Development Plan 2007. |
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No development shall take place until a Site Waste Management Plan has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the provisions of the approved Plan. Reason: In the interests of pollution prevention and efficient waste minimisation and management so as to comply with Policies S10 and DR4 of Herefordshire Unitary Development Plan. |
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The two new vehicular means of access hereby permitted shall be provided prior to commencement of any building operation hereby permitted. Reason: In the interests of highway safety, in accordance with policies DR3, T6 and T7 of the Herefordshire Unitary Development Plan 2007. |
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18. |
Prior to the commencement of the development of the B1 commercial unit as shown on approved plan 0609_11/d/3.01 details of the materials to be used externally on walls and roof shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details. Reason: To ensure that the materials harmonise with the surrounding area and that the development complies with the requirements of Policy DR1 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework. |
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The B1 commercial unit and its associated infrastructure as shown on approved plan 0609_11/d/3.01 shall be constructed and capable of occupation for employment purposes prior to the first occupation of any of the dwellings hereby approved. Reason: To ensure that the employment use hereby permitted is brought into use and to secure a mixed form of sustainable development in accordance with Policy S1 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework. |
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The commercial units shall be used solely for purposes within Class B1 of the Town & Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification. Reason: In order to protect the residential amenity of the adjacent dwellings that are also permitted and to comply with Policy DR2 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework. |
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F05 – Restriction on Hours of use of business units. |
INFORMATIVES:
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1. |
A written Land Drainage Consent will need to be obtained from the Board under the terms of the Land Drainage Act 1991 and the Flood and Water Management Act 2010. |
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The details of layout required to be submitted pursuant to condition 1 should follow the advice contained within ‘Manual for Streets 2’ and include the vehicle parking and cycle parking facilities as set out in the Herefordshire Council ‘Highways Design Guide for New Development (July 2006)’. |
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3. |
N11C General |
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4. |
HN01 Mud on highway |
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HN04 Private apparatus within highway |
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HN05 Works within the highway |
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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, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. |
Supporting documents:
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