Proposed construction of three self build family homes, alterations to existing access and associated landscaping and drainage.  

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

(Proposed construction of three self-build family homes, alterations to existing access and associated landscaping and drainage.)

The Development Manager 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 R Pryce, the applicant’s agent, spoke in support of the application.

In accordance with the Council’s Constitution, the local ward member, Councillor WC Skelton, spoke on the application.

He made the following principal comments:

·        An application for five houses on the site had recently been refused.  The new proposal for three houses proposed a different access to that originally proposed.

·        Existing permissions and applications provided for 20 dwellings in Winforton.

·        Given the extent of development within Winforton there was a need for a crossing to be provided across the A438 and for play facilities in the village.  However, the scale of the proposed application was insufficient to require S106 contributions and there would be no community benefit.

·        He considered details of the scheme could be addressed satisfactorily.  On balance given the need to address the housing shortfall in the County he supported the application.

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

·        The Development Manager confirmed that land that was the subject of the current application for three houses was not in the flood plain.  Part of the area covered by the previous application for five houses, which had been refused, had been in flood zone 2.

·        The Development Manager advised that no conditions could be imposed to guarantee that, if approval were granted for the proposed new access to the site off the A438, applications for further development using that access would be refused.  However, if the Neighbourhood Plan, which was well advanced at Regulation 16 stage was approved this would provide additional power to control development.  In proposing approval for the application a Member requested that an informative should be added indicating the expectation that the access would solely be used by the development which was the subject of the application.

·        A number of Members expressed their support for self build schemes, noting that there was a lack of such schemes within the County.  The Development Manager commented that the practicalities of using enforcement to ensure self-build schemes proceeded as such, rather than being erected, for example, by a building company, were yet to be resolved nationally.  He did not consider an enforceable condition requiring self-build could be imposed.  It was noted in relation to self-build development generally in the County that a working group was looking at the potential for such schemes and it was likely that the Council would identify land to promote this initiative.  The application itself did not mention self-build and needed to be considered as a straightforward application for three dwellings.

·        A Member suggested that a sign displayed by a nearby business might impair visibility from the proposed access and requested that this be addressed.

·        Clarification was sought on the weight that could be given to the Neighbourhood Plan noting that the Parish Council had objected to the proposal as it was contrary to the Plan.  The outstanding objections to the Plan were solely from the Environment Agency and therefore seemed to have limited bearing on the application. The Development Manager commented that as there were objections to the Plan and these were yet to be resolved only limited weight could be given to the Plan.

·        A Member reiterated a request that reports presented to the Committee were consistent in the advice they contained on the weight that could be given to various policies.

·        The access was at a point close to where the 30 mph speed limit ended and the national speed limit applied and it would be beneficial to have pedestrian access to services.  The Development Manager noted that no footpath was proposed to be provided.

·        A Member requested that the development should be built to the highest standards of design and energy efficiency.

The Development Manager commented that in the context of the lack of a five year housing land supply the council had countenanced development adjacent to settlement boundaries and the proposal for three houses represented organic growth.  Conditions could not be imposed to prevent future development in the vicinity of the application site.  Any future applications would have to be considered on their merits.  The adoption of the Neighbourhood Plan would allow weight to be given to it.

The local ward member was given the opportunity to close the debate.  He commented that the scale of the development meant that it would have a limited impact in terms of housing development in Winforton.  The neighbourhood plan supported self-build and small developments.  This proposed development on the edge of the village was acceptable.

RESOLVED: That outline 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.         H06 Vehicular access construction

6.         H27 Parking for site operatives

7.         H29 Secure covered cycle parking provision

8.         The recommendations set out in Section 5 of the ecologist’s report from Ecology Services dated April  2015 should be followed unless otherwise agreed in writing by the local planning authority. Prior to commencement of the development, a habitat protection and enhancement scheme integrated with landscape plan proposals should be submitted to and be approved in writing by the local planning authority, and the scheme 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 Herefordshire Unitary Development Plan.

            To comply with Herefordshire Council’s Policy NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of the NPPF and the NERC Act 2006

9.         Prior to commencement of development the following details shall have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented prior to occupation of any of the dwellings.

            Detailed topographic survey that confirms that the site is located in the low risk Flood Zone 1 and considering the potential effects of climate change.

            • A detailed surface water drainage strategy that includes drawings and calculations that demonstrates there will be no surface water flooding up to the 1 in 30 year event and no increased risk of flooding as a result of development up to the 1 in 100 year event and allowing for the potential effects of climate change;

• A detailed foul water management strategy, including the proposed location of package wastewater treatment systems and drainage fields;

 • Proposals for the adoption and maintenance of the surface and foul water drainage systems.

Reasons: To protect the integrity of the public sewerage system and to comply with Policy CF2 of Herefordshire Unitary Development Plan and the National Planning Policy Framework.

To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal and to comply with Policy DR7 of Herefordshire Unitary Development Plan and the National Planning Policy Framework.

10.       H28 Public rights of way

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.         HN04 Private apparatus within highway

3.         HN05 Works within the highway

4.         The Planning Committee wishes it to be noted that they would not be supportive of further residential development on the land to the rear of the site.