Proposed erection of 40 dwellings including 14 affordable houses and change of use of land to form community open space.

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

(Proposed erection of 40 dwellings including 14 affordable houses and change of use of land to form community open space.)

The Principal Planning Officer gave a presentation on the application.  An application for 60 dwellings on the site had been refused by the Committee on 27 August and was the subject of an appeal.  The revised application before the Committee was for 40 dwellings to be constructed on the eastern parcel of the application site (where 49 were previously proposed) with the whole of the western parcel transferred to the Parish Council and protected for community use as public open space.

In accordance with the criteria for public speaking, Mr M Thomas, a local resident, spoke in objection to the application.  Mr B Eacock, the applicant’s agent, spoke in support.

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

He commented on a number of issues including:

·         At a meeting of the Parish Council residents present had been asked for their views and had narrowly voted in support of the application.  The Parish Council had noted that those supporting the application appeared to do so reluctantly acknowledging that there would have to be some development in the villages.   The Parish Council had voted by a majority to support the application.

·         A difficult balance had to be struck.  The reasons for refusing the previous application still applied: adverse effect on the character and setting of the village. and visibility from the AONB.  However, the new proposal was for a smaller development with the offer of a parcel of land to the Parish Council.

·         Other applications for development in the locality had been lodged, one for over 100 houses. The previous application was the subject of an appeal.  It was understood that the developer would proceed on the basis of the application before the Committee rather than the original application if planning permission was granted.

·         At least one property neighbouring the development relied on a private water supply.  If permission were granted the developer should be requested as part of the development works to explore linking any such properties to the mains water supply.

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

·         The development would have an adverse impact on the setting of listed buildings and the landscape.  It was important that if it proceeded particular consideration was given to landscaping at the reserved matters stage.

·         It was requested that the developer should be asked to work with neighbours in relation to the water supply.

·         Further work should be done at the reserved matters stage on pedestrian access.  In response to this point the Principal Planning Officer clarified the position regarding pedestrian access and officers’ conclusion  that there was no highway safety issue.

·         The development offered the opportunity to preserve a green space in the village.

·         The development should be built to a good and sustainable standard.

·         The Parish Council had indicated support for the development.

·         It was suggested that the application should not have been brought forward until relevant appeals had been decided.

·         Whilst the proposal was an improvement on the previous application the Conservation Manager (Historic Buildings) and the Conservation Manager (Landscape) maintained their objections.

·         There had been 40 letters of objection.

·         The school was at capacity.

·         The road had been designated a ‘road for concern’ by the West Mercia Safe Roads Partnership.

The Development Manager commented that conditions could reflect the Committee’s wish that the development be of a high standard.  Organic growth alone would not bring forward developments of the scale required including 35% affordable housing. The Parish Council supported the proposal.   He cautioned that highway grounds had not featured in the Committee’s previous grounds for refusal.  He added that the S106 agreement provided for a number of highway measures. 

The local ward member was given the opportunity to close the debate.  He reiterated that the grounds for refusal previously advanced remained valid.  However, the opportunity to secure a 4 acre field as public open space for future generations was attractive.  Mindful of an outstanding appeal and recent decisions of the Planning Inspectorate, the opportunity was one that on balance he considered should be taken.

RESOLVED: That subject to the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement in accordance with the Heads of Terms stated in the report, officers named in the Scheme of Delegation to Officers are authorised to grant outline planning permission, subject to the conditions below and any other further conditions considered necessary.

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.         C01 Samples of external materials

5.         The development shall include no more than 40 dwellings and no dwelling shall be more than two and a half storeys high.

            Reason: To define the terms of the permission and to conform to Herefordshire Unitary Development Plan Policies S1, DR1, H13 and the National Planning Policy Framework.

6.         H06 Vehicular access construction

7.         H09 Driveway gradient

8.         H11 Parking - estate development (more than one house)

9.         H17 Junction improvement/off site works

10.       H18 On site roads - submission of details

11.       H19 On site roads - phasing

12.       H20 Road completion in 2 years

13.       H21 Wheel washing

14.       H27 Parking for site operatives

15.       H29 Secure covered cycle parking provision

16.       H30 Travel plans

17.       L01 Foul/surface water drainage

18.       L02 No surface water to connect to public system

19.       L04 Comprehensive & Integrated draining of site

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

21.       G10 Landscaping scheme

22.       G11 Landscaping scheme - implementation

23.       The recommendations set out in Sections 8.3 to 8.8 of the Phase 1 ecologist’s report from Phil Quinn dated May 2014 and Section 7 of the Great Crested Newt report from Phil Quinn dated May 2014 should be followed in relation to species mitigation and habitat enhancement.  Prior to commencement of the development, a full working method statement with a habitat enhancement plan should be submitted to and be approved in writing by the local planning authority, and 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.

24.       Prior to commencement of the development, a reptile survey for should be conducted with results and any mitigation necessary submitted to, and be approved in writing by the local planning authority, and 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.

25.       Prior to commencement of development, a Construction Environmental Management Plan shall be submitted for approval in writing by the local planning authority and shall include timing of the works, details of storage of materials and measures to minimise the extent of dust, odour, noise and vibration arising from the construction process.  Specific measures to safeguard the integrity of private water supplies should be highlighted such as pollution risk and increased use projections.  The Plan shall be implemented as approved.

            Reasons: To ensure that all species and sites 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 Herefordshire’s Unitary Development Plan.

            To comply with policies NC8 and NC9 within 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.

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.         HN10 No drainage to discharge to highway

3.         HN08 Section 38 Agreement & Drainage details

4.         HN07 Section 278 Agreement

5.         HN04 Private apparatus within highway

6.         HN28 Highways Design Guide and Specification

7.         HN27 Annual Travel Plan Reviews

8.         HN25 Travel Plans

9.         HN13 Protection of visibility splays on private land

10.       N02  Section 106 obligation

(The meeting adjourned between 11.50 am and 12.10pm)