Proposed construction of 7 no.Passivhaus standard dwellings, associated car parking and landscaping.

The application was approved in accordance with the Case Officer’s recommendation, with an amended condition..

(Proposed construction of 7 no.Passivhaus standard dwellings, associated car parking and 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, Ms J Gough, a local resident, spoke in objection to the application.  Mr D Benbow, the applicant’s agent, spoke in support.

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

The Parish Council supported the proposal.

The development was sustainable, with the provision of Passivhaus dwellings a further point in favour of the scheme’s sustainability.  In accordance with the NPPF the development should be approved.

The development was outside the settlement boundary.

There was no community benefit associated with the Scheme.   In response to this point, the Principal Planning Officer clarified that legislation provided that Section 106 agreements could not be sought for developments of fewer than 10 dwellings and under 1,000sq metres.  The development would constitute no harm to highway safety. The developer had indicated a willingness to make a contribution towards signage within the village.  A Member suggested that an Informative be added to reflect this offer.

The Development Manager commented that Policy RA2 in the emerging Core Strategy identified Gorsley as a village that could accommodate proportionate housing growth. The Transportation Manager had no objections to the application. The development should be supported having regard to the requirements of the NPPF and the lack of a five year housing land supply. An informative could be added in relation to the developer’s offer to contribute towards signage.

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

 

1.         A01 Time limit for commencement (full permission)

 

 

2.         The recommendations set out in Section 4 of the ecologist’s report from Clark Webb dated September 2014 shall be followed in relation to habitat enhancement.  Prior to commencement of the 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.

 

            Reasons:

            a) 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.

            b) 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 National Planning Policy Framework and the NERC Act 2006.

 

 

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

 

            Reasons:

            a) 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.

            b) 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 National Planning Policy Framework and the NERC Act 2006.

 

4.         Evidence of Passivhaus certification received from the Passivhaus Institute in Darmstadt shall be submitted to the Local Planning authority by an accredited Passivhaus assessor within six months of the first occupation of each dwellinghouse hereby permitted.

 

            Reason: The sustainability credentials of the dwellinghouses were given considerable weight in the decision of the Local Planning Authority to grant planning permission for the development and to accord with Policy S1 of the Herefordshire Unitary Development Plan 2007.

 

 

5.         The development shall be carried out strictly in accordance with the approved plans:-

 

• Site Layout Plan Drawing number 99447.P10 (Scale 1:200 at A1) received under cover of e-mail dated 28 January 2015

• Floor Plans, Elevations and Section of House Type B2 – Drawing number 99447.P25 (Scale 1:100 at A1)

• Floor Plans, Elevations and Section of House Type C – Drawing number 99447.P26 (Scale 1:100 at A1)

•  Floor Plans, Elevations and Section of House Type A2 – Drawing number 99447.P22 (Scale 1:100 at A1)

• Floor Plans, Elevations and Section of House Type B1 – Drawing number 99447.P24 (Scale 1:100 at A1)

• Floor Plans, Elevations and Section of House Type A1 – Drawing number 99447.P21 (Scale 1:100 at A1)

• Application Site Plan – Drawing number 99447.P101 (Scale 1:1250 at A3)

• Typical Plot Layout – Drawing number 9947.P27 (Scale 1:100 at A3)

• Details – Drawing number 9947.D01 (Scale 1:10 at A3)

 

            except where otherwise stipulated by conditions attached to this permission.

 

            Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy DR1 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

 

 

6.         Prior to the first occupation of any of the dwellinghouses hereby permitted visibility splays of 2.4 metres x 60 metres in both directions with no obstruction to visibility above 0.6 metre shall be provided at the means of access to the public highway and thereafter maintained free of obstruction to the satisfaction of the Local Planning Authority.

 

            Reason: In the interests of highway safety, in accordance with Policy DR3 of the Herefordshire Unitary Development Plan 2007.

 

 

7.         Notwithstanding the provisions of condition 5) above, the following matters shall be submitted to the Local Planning authority for their written approval:-

 

• Full written details of all external materials (including windows, doors and rainwater goods) together with their colour;

• Written details of the surfacing material (which shall be permeable) to be used upon the means of access / private drive, driveways, vehicle turning / manoeuvring areas, and open car parking areas.

• Written details of any kerbing.

• Details of any external lighting.

• Full details of foul and surface water drainage arrangements.

• Details of all fences, gates, walls or other means of enclosure (including detail of material to be used).

• Written details as to the degree that the windows and doors will be recessed from the elevations of the houses.

·         A scheme for the harvesting of rain water

 

            The development 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 a satisfactory appearance to the development in the landscape, to ensure adequate foul sewage disposal arrangements and to safeguard against flood risk, in accordance with Policies DR1, H13, LA2, and DR4 of the Herefordshire Unitary Development Plan 2007.

 

 

8.         The garaging shown upon the approved plans shall permanently be kept available for the parking of motor vehicles.

 

            Reason: To ensure adequate on-site parking provision and to safeguard the appearance of the development, in accordance with Policies DR3, LA2 and H13 of the Herefordshire Unitary Development Plan 2007.

 

 

9.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended (or any order revoking and re-enacting that Order with or without modification), no development normally permitted by Classes A, B, C, D, E. F and G of Part 1 and Classes A and C of Part 2 of Schedule 2 of Article 3 shall be carried out without the express consent of the Local Planning Authority.

 

            Reason: To ensure a satisfactory appearance to the development, in accordance with Policies H13, DR1 and LA2 of the Herefordshire Unitary Development Plan 2007.

 

 

10.       All planting, seeding and turfing comprised in the approved details of landscaping (Mackley Davies Associates Ltd. Planting Proposals of December 2014) shall be carried out in the first planting and seeding seasons following the first occupation of the dwellinghouse hereby permitted or the completion of the development (whichever is the sooner). Any trees or plants which are removed or become seriously damaged or diseased shall be replaced in the next planting 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.

 

 

11.       Prior to commencement of the development hereby permitted all of the trees shown to be retained shall be protected 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 the Local Planning Authority the development may commence but the tree protection measures must remain in-situ until completion of the development.

 

            Reason: To ensure that there is no damage during the construction phase to the trees on the site to be retained and that are recognised to be of amenity value, in accordance with Policy LA5 of the Herefordshire Unitary Development Plan 2007.

 

 

12.       Other than any external lighting approved pursuant to condition 7) above, no external lighting shall be placed on the site or attached on any building without the express consent of the Local Planning Authority.

 

            Reason: To safeguard the character and appearance of this rural area in accordance with Policies LA2 and DR14 of the Herefordshire Unitary Development Plan 2007.

 

 

13.       The existing agricultural building (including any flooring) on the land outlined in blue on the Site Location Plan – Drawing number 99447.P101 shall be demolished and all resultant materials removed from the site prior to the first occupation of any of the dwellinghouses hereby permitted.

 

            Reason: To safeguard the character and appearance of the landscape, in accordance with Policy LA2 of the Herefordshire Unitary Development Plan 2007.

 

Informative:

 

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 Local Planning Authority welcomes and encourages the applicant’s expressed intention to make a voluntary financial contribution towards further signage in the vicinity encouraging considerate and safe driving by users of motor vehicles as per the Breinton sign.