Site for residential development of up to 90 dwellings with access, parking, public open space with play facilities and landscaping.

The Committee agreed that it was minded to refuse the application in accordance with the Case Officer’s recommendation.

(Site for residential development of up to 90 dwellings with access, parking, public open space with play facilities and landscaping.)

The Principal Planning Officer gave a presentation on the application.  He informed the Committee that the applicants had appealed against non-determination of the application.  The Committee was being asked to indicate that it was minded to refuse the application on the grounds set out in the recommendation.

In accordance with the criteria for public speaking, Mrs C Protheroe, of Clehonger Parish Council spoke in opposition to the Scheme.  Mrs Costello-Bates, a local resident, spoke in objection. 

In accordance with the Council’s Constitution, the local ward member, Councillor SD Williams, spoke on the application.  He supported the grounds for refusal.

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

·        Members spoke in support of the grounds for refusal as set out in the report.

·        A concern was expressed about the treatment of proportional growth targets with reference to paragraph 4.8.21 of the Core Strategy and policy RA2 and the need for consistency.  The wording of policy RA2 itself referred to minimum targets but was silent about proportional growth.   The Development Manager commented that the definition of what constituted proportional growth had not been tested in appeal given the recent adoption of the Core Strategy.  It was considered that increases which were substantially above the minimum targets, such as in this case, would not constitute proportionate growth.

The local ward member was given the opportunity to close the debate.  He had no additional comment.

RESOLVED: That the Committee was minded to refuse planning permission for the following reasons:-

1.     The application is for large-scale residential development on land adjoining the built up form of the village at Clehonger.  It is, however, considered to represent development that is contrary to the existing settlement pattern, which is almost completely contained within the boundaries created by the surrounding roads.  The development would thus make a significant, detrimental incursion into pastoral land with urbanising effects and concomitant loss of historic hedgerow.  The development is thus considered contrary to Herefordshire Local Plan – Core Strategy Policies RA2 and LD1 as well as Paragraph 17 of the National Planning Policy Framework.

2.     The village Wastewater Treatment Works is operating over-capacity with the effect that additional discharge would be likely to adversely affect the conservation status of the River Wye SSSI/SAC and its tributary the Cage Brook SSSI.  In the absence of agreement between Statutory Undertaker and applicant, a solution enabling connection to the foul mains has not been found and nor has an acceptable alternative arrangement been suggested.  The Council is unable to conclude that the development would not lead to a likely significant effect on the River Wye SSSI/SAC and its tributary the Cage Brook SSSI and that on this basis the scheme is contrary to Core Strategy Policies LD2 and SD4 as well as NPPF 118, a restrictive policy, which overrides the presumption in favour of sustainable development.

3.     A legal agreement pursuant to S106 of The Town and Country Planning Act 1990 (As Amended) has not been completed.  As such there is no legal mechanism by which the Council can require the payment of contributions that comply with the CIL regulations at Section 122(2) (b) or properly regulate the delivery, construction and occupation of the affordable dwellings.  These measures are necessary to make the development acceptable and the financial contributions are considered fairly related in scale and kind with the proposal.  The absence of an agreement is in conflict with Herefordshire Local Plan – Core Strategy Policy ID1, the Council’s Planning Obligations Supplementary Planning Document and guidance set out in the National Planning Policy Framework 2012.

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