Proposed construction of a 3 bed single storey passivhaus, associated landscaping, bio-diversity enhancement, access and flood prevention for adjacent listed buildings.

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

(Proposed construction of a 3 bed single storey passivhaus, associated landscaping, bio-diversity enhancement, access and flood prevention for adjacent listed buildings.)

The Acting Principal Planning Officer gave a presentation on the application.  He noted that the first five bullet points of paragraph 5.3 related to a different application and should be discounted. He added that the landscape officer had now indicated her support for the application.

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

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

She made the following principal comments:

·        There were some letters of objection but many more letters of support for the application.

·        The conservation manager had expressed reservations.  However, in her view the proposal would, if anything, have a positive impact.  She considered that the proposal did meet the requirements of paragraph 55 of the National Planning Policy Framework and should be supported.

·        She highlighted the last three bullet points of paragraph 5.2 of the report which praised the application and suggested that the qualities of the application should be shared with local builders to help to reduce the impact of developments.

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

·        The scheme was exemplary, sensitive to its context and made a positive contribution to the landscape.

·        It was disappointing that the Parish Council and the campaign to protect rural England objected to the proposal.

·        Most Members were content that the proposal met the requirements of paragraph 55 of the NPPF.  A contrary view was expressed that the design was not truly outstanding or innovative and therefore did not meet those requirements.  Some reservations were also expressed about permitting development in the open countryside outside the settlement boundary.

The local ward member was given the opportunity to close the debate.  She reiterated her view that the scheme fitted into the landscape.

The Development Manager commented that the nature of the design was that some people would like it and others would not.  However, he considered that the proposal would integrate into the landscape.  The development was in the open countryside and outside the settlement boundary.  However, he considered that the design was exceptional and fulfilled the requirements of paragraph 55 of the NPPF.

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

1.         C01 – Time limit for commencement         

2.         C07 – Development in accordance with approved plans and details

3.         C13 – Samples of external materials

4.         Details of windows, doors and other external details and finishes

5.         C61 – No balconies/roof amenity area

6.         C65 – Removal of permitted development rights

7.         C67 – No new windows in specified elevation

8.         C97 – Landscaping scheme – implementation

9.         C98  – Hedgerow, tree and landscape planting

10.       CA1 – Landscape management plan

11.       CC2 – External lighting

12.       The development hereby permitted shall not commence until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before the development is first brought into use.

            Reason: To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution and to comply with Herefordshire Unitary Development Plan policies DR2 and DR7.

13.       The recommendations set out in the ecologist’s report should be followed in relation to species mitigation and habitat enhancement.  Prior to commencement of the development, a species and 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.  Any further information on protected species gathered from the site together with any proposed mitigation should also be submitted.

            Reasons: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), NERC Act 2006, the Conservation of Habitats and Species Regulations 2010, relevant aims and objectives of the National Planning Policy Framework and Policies NC1, NC6, NC7, NC8 and NC9 of the Herefordshire Unitary Development Plan

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

Reasons: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), NERC Act 2006, the Conservation of Habitats and Species Regulations 2010, relevant aims and objectives of the National Planning Policy Framework and Policies NC1, NC6, NC7, NC8 and NC9 of the Herefordshire Unitary Development Plan

15.       C89 – Retention of existing trees/hedgerows/ development in accordance with  Tree Survey & Arboricultural Impact Assessment

16.       Hard landscaping details and implementation

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, 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.