Proposed erection of 10 no. dwellings and associated hard and soft landscaping.

The application was approved in accordance with the Case Officer’s recommendation.

(Proposed erection of 10 no. dwellings and associated hard and soft landscaping.)

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 F Bowen, a local resident, spoke in objection to the application.  Ms K La Tzar and Mr J Hurlstone spoke in support on the applicant’s behalf.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillors MD Lloyd-Hayes and JLV Kenyon, two of the three local ward members, spoke on the application.

Councillor Lloyd-Hayes spoke in support of the application commenting on a number of issues including:

·         There was a clear need for affordable housing in the area and the proposal to construct the homes to level four of the Code for Sustainable Homes was welcome. 

·         The City Council supported the application.

·         There was sufficient public open space in the area and the development represented a better use of the land.

·         The dwellings were sited 12m from the boundary with the closest neighbouring property which was more generous than in many other developments.

Councillor Kenyon acknowledged the impact of the development on the property closest to it.  However, the applicant had worked closely with the local ward Councillors and he supported the development as the best solution that could be achieved.

In the Committee’s discussion of the application the following principal points were made:

·         It was accepted that the development met a need for affordable housing.  The scheme was well planned and there had been full consultation.  The impact on neighbouring properties was unfortunate but was not a ground for refusal in this case.

·         It was requested that consideration be given to managing car parking in the location.

·         The replacement of trees to be lost during the development was welcome but care needed to be taken to ensure that they did not cause any detriment to properties.

The local ward members were given the opportunity to close the debate but had no additional comments.

RESOLVED:

That planning permission be granted subject to the following conditions:

1.           A01 Time limit for commencement (full permission)

2            B01 Development in accordance with the approved plans

3.           B07 Section 106 Agreement to secure affordable housing tenure

4.           C01 Samples of external materials

5.            The recommendations set out in Section 5 of the ecologist’s report from James Johnston dated October 2014 should be followed in relation to species mitigation and habitat enhancement.  Prior to commencement of the main site development, a reptile survey should be conducted to ascertain presence or absence of slow worm and the results submitted in a report the findings of which should be endorsed by the local authority.

   An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

   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 the NPPF and the NERC Act 2006.

6.            Prior to the commencement of any site development, a habitat enhancement plan integrated with the landscape proposals should be submitted to, and be approved in writing by, the local planning authority, and the work shall be implemented as approved.

               An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

   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 the NPPF and the NERC Act 2006.

7.           G04 Protection of trees/hedgerows that are to be retained

8.           G10 Landscaping scheme

9.           G11 Landscaping scheme - implementation

10.         G15 Landscape maintenance arrangements

11.         H06 Vehicular access construction

12.         H13 Access, turning area and parking

13.         H19 On site roads - phasing

14.         H21 Wheel washing

15.         H27 Parking for site operatives

16.         I51 Details of slab levels

17.         L01 Foul/surface water drainage

18.         L02 No surface water to connect to public system

19.         L04 Comprehensive & Integratred draining of site

20          .I16 Restriction of hours during construction

21.         H26 Access location (routing along Hampton Pk Road)

INFORMATIVES:

1.              HN02 Public rights of way affected

              A public right of way crosses the site of this permission.  The permission does not authorise the stopping up or diversion of the right of way.  The right of way may be stopped up or diverted by Order under Section 257 of the Town and Country Planning Act 1990 provided that the Order is made before the development is carried out.  If the right of way is obstructed before the Order is made, the Order cannot proceed until the obstruction is removed.

2.           HN08 Section 38 Agreement & Drainage details

3.           HN28 Highways Design Guide and Specification

4.           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. 

5.           N11C General

6.           N14 Party Wall Act 1996