Outline planning application for 5 no. detached dwellings and garages and access onto A49.

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

(Outline planning application for 5 no. detached dwellings and garages and access onto A49.)

 

The Senior Planning Officer gave a presentation on the application.

 

In accordance with the criteria for public speaking, Mr J Murphy, the applicant’s agent spoke in support of the application.

 

It was noted that the local ward member was unable to attend the meeting for family reasons.

 

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

·         The development was sustainable and given the absence of the five year housing land supply there were no grounds for refusal.

·         It was important that any issues relating to previous contamination of the land were properly addressed.

·         The access to the site now appeared to be satisfactory. 

·         It was to be hoped that care would be taken with the detailed design and that energy efficient buildings would be provided.

·         There was some regret at the absence of any community benefit from the scheme. 

·         It was disappointing that the Parish Council had decided not to produce a Neighbourhood Plan.  It was to be hoped that they could be encouraged to do so.

The Development Manager commented that the Scheme represented organic growth.  However, as a consequence, the development was not large enough to meet the national threshold requiring the developer to provide community benefits.  The development was adjacent to the built up area, Much Birch having no settlement boundary.  Negotiations had enabled a satisfactory access to be provided.  He noted that the code levels for sustainable homes had now been abolished and had been replaced by Building Regulation standards. 

 

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

 

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.         A05 - Plans and particulars of reserved matters

 

5.         B01 – Development in accordance with the approved plans

 

6.         G02 – Retention of trees and hedgerows

 

7.         H03 - Visibility splays

 

8.         H06 - Vehicular access construction

 

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

 

10.       H17 - Junction improvement/off site works

 

11.       H20 - Road completion in 2 years

 

12.       H21 - Wheel washing

 

13        H27 - Parking for site operatives

 

14        H29 - Covered and secure cycle parking provision

 

15.       I18 – Scheme of foul drainage disposal

 

16.       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 and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment as required by Policy DR10 of the Herefordshire Unitary Development Plan and the NPPF.

 

17.       The Remediation Scheme, as approved pursuant to condition no. 14 above, shall be fully implemented before the 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 and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment as required by Policy DR10 of the Herefordshire Unitary Development Plan and the NPPF.

 

18.       If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

 

            Reason: In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment as required by Policy DR10 of the Herefordshire Unitary Development Plan and the NPPF.

 

19.       C01 Samples of external materials

 

20.       G10 – Landscaping scheme

 

21.       G11 – Landscaping scheme – implementation

 

22.       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. 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.         N11C – General

 

3.         The contaminated land assessment pursuant to conditions 14, 15 & 16 is required to be undertaken in accordance with good practice guidance and needs to be carried out by a suitably competent person as defined within the National Planning Policy Framework 2012.

 

4.         All investigations of potentially contaminated sites will be required to undertake asbestos sampling and analysis as a matter of routine and this should be included with any submission.