Outline application for 37 dwellings (13 of which would be affordable) with all matters except access reserved for future consideration.

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

(Outline application for 37 dwellings 13 of which would be affordable) with all matters except access reserved for future consideration)

 

The Principal Planning Officer gave a presentation on the application.  He noted that, as stated in the Committee update, no specific representations of objection had been received in relation to the reconsultation exercise for the revised scheme before the Committee for 37 dwelling houses.

 

In accordance with the criteria for public speaking, Mrs S Lewis of Weston under Penyard Parish Council spoke in support of the Scheme.  Mr C Bailey, a local resident, spoke in objection.  Mr P Deeley, the applicant’s agent, spoke in support.

 

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

 

He made the following principal comments:

 

·        The Parish Council had no objection to the proposal and the site was a preferred site for development in the Neighbourhood Plan.  He too supported the proposal.

·        He welcomed the public open space to be provided and the provision of a pedestrian crossing which would also benefit neighbouring developments.

·        The density of development reflected the fact that part of the site would not be developed in order to preserve archaeological remains.  The Neighbourhood Plan supported provision of up to 37 dwellings on the site.

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

 

·        It would be important to ensure that the public open space was properly maintained.

·        The pedestrian crossing and extended 30mph speed limit should be in place before the site was occupied.  The highway safety requirements of this application and application 150888 – land to the west of A40 Weston under Penyard, approved by the Committee earlier in the meeting needed to be considered in conjunction with one another.

·        The Principal Planning Officer confirmed that there was capacity at the primary school.  The Development Manager confirmed that if this was the case the school could not therefore benefit from the S106 agreement.   It was requested that this matter should be discussed with the Chairman and local ward member. 

·        The Parish Council was to be congratulated for its work in completing a Neighbourhood Plan.

The local ward member was given the opportunity to close the debate.  He reiterated his support for the application.

 

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 set out below:-

 

1          The development shall not commence until approval of the following reserved matters have been obtained from the Local Planning Authority:-

 

• Appearance

• Landscaping

• Layout

• Scale

 

An application for reserved matters shall be made to the Local Planning authority before the expiration of five years from the date of this permission.

 

The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of five years from the date of approval of the last reserved matters to be approved, which is the later.

 

Reason: No such details have been submitted and in accordance with Section 92 of the Town and Country Planning Act 1990.

 

2          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.

 

3          The Remediation Scheme, as approved pursuant to condition number 2 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 schemeincluding 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.

 

4          The recommendations sections 1.2.1 and 1.2.9 of the updated ecologist’s report from James Johnston dated January 2015 shall be followed in relation to species mitigation and habitat enhancement.

 

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.

 

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

 

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.

 

6          Prior to commencement of the development hereby permitted the following matters shall be submitted to the Local Planning Authority for their written approval:-

 

• Full foul and surface water drainage details (including a) a revised drainage drawing with supporting calculations showing the final size of the infiltration basin and proposals in relation to the existing pond; b) results of infiltration testing undertaken in accordance with BRE365 and results of recorded groundwater levels; c) evidence that the applicant has considered ground contamination risks; and d) proposals for the adoption and maintenance of the surface and foul water drainage systems).

 

• Full details as to the proposed importation of protective topsoil and the anti-metal detecting “seeding” to the safeguarded archaeological area detailed upon Drawing number DRG REF : MF/14/GRWUP/003A/COL.ID/PLAN received 27 July 2015.

 

• Full details (siting/ design appearance and wording) of the archaeological remains interpretation board / sign.

 

• Full details of all means of enclosure (i.e. fences, walls, gates or other means of enclosure).

 

• Full written details of the surfacing materials to be used upon the access, driveways, turning / manoeuvring areas and parking areas.

 

• Unless otherwise agreed in writing with the Local Planning Authority, full details of the restoration and retention of the roadside water trough.

 

Development shall not commence until the written approval of the Local Planning Authority has been obtained. The development shall be carried out in strict accordance with the approved detail and thereafter maintained.

 

Reasons:

 

a) To ensure satisfactory drainage details.

b) To ensure suitable protection to the extensive archaeological remains of high significance, in accordance with the Central Government advice contained within paragraph 135 of the National Planning Policy Framework and Policy ARCH4 of the Herefordshire Unitary Development Plan 2007.

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

d) To ensure that a structure of local historical interest is retained.

 

7          Prior to the first occupation of the dwellinghouses within 30 metres of the A40, the noise mitigation measures specified in Section 4 on pages 5 and 6 of the Hepworth Acoustics Noise and Vibration Consultants ‘Noise Assessment’ dated March 2015 shall be fully implemented.

 

Reason: To ensure that the occupiers of the proposed dwellinghouses enjoy a satisfactory level of amenity not adversely affected by road traffic noise, in accordance with Policy DR13 of the Herefordshire Unitary Development Plan 2007.

 

8          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification, the area outlined in green on   DRG REF : MF/14/GRWUP/003A/COL.ID/PLAN received 27 July 2015 shall be kept free of any development, other than any play equipment agreed in the cross-hatched area and any other form of development permitted by virtue of the conditions upon this planning permission.

 

Reason: To ensure suitable protection to the extensive archaeological remains of high significance, in accordance with the Central Government advice contained within paragraph 135 of the National Planning Policy Framework and Policy ARCH4 of the Herefordshire Unitary Development Plan 2007.

 

9          Prior to commencement of the development hereby permitted all of the trees shown to be retained, the tree the subject of the Tree Preservation Order upon the site and the trees the subject of a Tree Preservation Order the other side of the western boundary of the site whose roots and canopies encroach upon the site, shall be protected by fencing 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 by 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.

 

10        Prior to commencement of the development hereby permitted the area outlined in green on   DRG REF: MF/14/GRWUP/003A/COL.ID/PLAN received 27  July 2015 shall be protected by appropriate robust fencing.   Once these protective measures have been erected but prior to commencement of the development a suitably qualified archaeological 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 by the Local Planning authority the development may commence but the tree protective measures must remain in-situ until completion of the development.

 

Reason: To ensure suitable protection to the extensive archaeological remains of high significance, in accordance with the Central Government advice contained within paragraph 135 of the National Planning Policy Framework and Policy ARCH4 of the Herefordshire Unitary Development Plan 2007.

 

11        No materials shall be stored, no vehicles or machinery stored or parked and no fires lit within the fenced areas referred to in conditions 9) and 10) above.

 

Reasons:

 

a) 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.

 

 

b) To ensure suitable protection to the extensive archaeological remains of high significance, in accordance with the Central Government advice contained within paragraph 135 of the National Planning Policy Framework and Policy ARCH4 of the Herefordshire Unitary Development Plan 2007.

 

12        With regard all that part of the application site outside the area outlined in green on   DRG REF : MF/14/GRWUP/003A/COL.ID/PLAN received 27 July 2015, no development shall take place until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved by the Local Planning Authority.

 

Reason: The application site outside of the safeguarded area in green, contains some additional archaeological remains that whilst not meriting preservation in-situ, do merit appropriate archaeological recording as mitigation of their loss. This recoding would be in line with paragraph 141 of the National Planning Policy Framework, and would comply with the requirements of Policy ARCH6 of the Herefordshire Unitary Development Plan 2007.

 

13        No work on site shall take place until a detailed design and method statement for the foundation design and all new groundworks has been submitted to, and approved in writing by, the Local Planning Authority. The development hereby permitted shall only take place in accordance with the detailed scheme pursuant to this condition.

 

Reason: The development affects a site on which archaeologically significant remains survive and a design solution is sought to minimise disturbance through a sympathetic foundation design.

 

14        Prior to the first occupation of any of the dwellinghouses hereby permitted, visibility splays of 2.4m x 120 metres in both directions shall be provided and be kept free of obstruction above 0.9 metre measured from ground level. Thereafter these visibility splays shall be maintained free of obstruction.

 

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

 

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          The contaminated land assessment is required to be undertaken in accordance with good practice and needs to be carried out by a suitably competent person as defined within the National Policy Framework 2012.

 

3          The Local Planning Authority require all investigations of potentially contaminated sites to undertake asbestos sampling and analysis as a matter of routine and this should be included in any submission.

 

4          Whilst plans MF.14.GRWP.003A and DRG REF: MF/14/GRWUP/003A/COL.ID/PLAN received 27 July 2015 has been approved in terms of access, the layout has NOT been approved. Furthermore the applicant or any future applicant with regard any subsequent reserved matters application is informed that the Local Planning Authority would be seeking an appropriate open market housing mix such as:-

 

• 7 x 2 bed

 

• 14 x 3 bed

 

• 3 x 4 bed

 

An appropriate housing mix is required to ensure compliance with para. 5.2.2 and Policy S3 of Herefordshire Unitary Development Plan together with the emerging Core Strategy.

 

 

NOTE

(In response to questions raised earlier in the meeting the Head of Development Management and Environmental Health reported the following statement received from the Assistant Director Economic Environmental and Cultural Services:  “The status of the Annual Monitoring Report is that the receipt of the Inspector’s report on the Core Strategy  is awaited.  The Annual Monitoring Report for 2014-15 should therefore be prepared by the end of this calendar year, as required by government.  In the event that the Inspector concludes that the core strategy (local plan) meets the tests of soundness and that the Council can proceed to its adoption we would at that point anticipate having a 5 Year Housing Land Supply based on the release of strategic housing sites and their proposed trajectories”.)