Agenda item

132221/O Talbots Farm, The Rhea, Sutton St Nicholas, Herefordshire, HR1 3BB

Site for proposed dwelling.

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.

In accordance with the criteria for public speaking, Mr K Lawton, a resident, spoke in objection.  Mr C Goldsworthy, the Applicant’s agent spoke in support.

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

She commented on a number of issues including:

·         The application site was within a conservation area.

·         The access to the site was of concern.

·         There had been 18 letters of objection.

·         Flooding in the area was of concern.

·         The development was contrary to policies LA2, LA3, DR7 and HBA6 and NPPF paragraphs 14, 69 and 93.

·         She urged the Committee to refuse the application.  However, if it was minded to approve it she requested that consideration be given to providing that there should only be one dwelling on the application site.

The debate opened and the following principal points were made:

·         There did not appear to be grounds upon which the application could be refused. 

·         Concerns about development in a conservation area were acknowledged, however, adjoining development had already been permitted.

·         Members thought it unlikely that any further development would be permitted because of the access.  It was advised that it would be difficult to apply a condition to that effect.  However, it was proposed that a note be attached to the Committee’s decision for future reference stating that the Committee considered the site suitable for development of one dwelling only, having regard to the access constraints.

·         Any further development on the application site and the adjoining area would be subject to a further planning application. 

·         It was requested that it be registered that at the reserved matters stage Members would wish careful consideration to be given to slab levels, overall height and siting within the development.

The local ward member was given the opportunity to close the debate and welcomed the Committee’s stance on any further development.

RESOLVED:  That planning permission be granted subject to the following conditions:

1.

Details of the layout, scale, appearance, access and landscaping of the development permitted (hereinafter called “the reserved matters) shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved.

Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to secure compliance with Policy DR1 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.        

2.

Application for approval of the reserved matters shall be made to the Local Planning Authority not later than one year from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990 and having regard to the Council`s suspension of the Requirements of Policy DR5 of the Herefordshire Unitary Development Plan.

3.

The development hereby permitted shall begin not later than one year from the date of approval of the last of the reserved matters to be approved.

 Reason: To comply with the provisions of Section 9(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 Authority`s Planning Obligations Supplementary Document (February 2008) in relation to all employment developments falling within Classes B1, B2 and B8 of the Town and Country Planning Use Classes Order 1987 as amended by 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.

4.

G11 Landscaping scheme - implementation

5.

L01 Foul/surface water drainage

6.

L02 No surface water to connect to public system

7.

L03 No drainage run-off to public system

8.

H09 Driveway gradient

9.

H27 Parking for site operatives

10.

G14 Landscape management plan

11.

G09 Details of Boundary treatments

12.

I16 Restriction of hours during construction

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, 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.

2.

Welsh Water Advice:

If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Developer Services on 0800 917 2652.

Some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011.  The presence of such assets may affect the proposal.  In order to assist us in dealing with the proposal we request the applicant contacts our Operations Contact Centre on 0800 085 3968 to establish the location and status of the sewer.  Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

The Welsh Government have introduced new legislation that will make it mandatory for all developers who wish to communicate with the public sewerage system to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW).  The Welsh Ministers Standards for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act (WIA)1991 will need to be completed in advance of any authorisation to communicate with the public sewerage system under Section 106 WIA 1991 being granted by DCWW.

Welsh Government introduced the Welsh Ministers Standards on 1 October 2012 and we would welcome your support in informing applicants who wish to communicate with the public sewerage system to engage with use at the earliest opportunity.  Further information on the Welsh Ministers Standards is available for viewing on our Development Services Section of our website - www.dwrcymru.com

Further information on the Welsh Ministers Standards can be found on the Welsh Government website - www.wales, gov.uk

3.

HN01 Mud on highway

 

 

 

 

 

NOTES

 

1          In granting planning permission the Committee requested that it be recorded for future reference that it considered the site suitable for development of one dwelling only, having regard to the access constraints.

 

2          The Committee observed that careful consideration would need to be given to slab level, height, position and scale of development.

 

Supporting documents: