Demolition of all existing buildings and hard standings, remediation of the site, including reinstatement or landscaping of the former canal and development of up to 120 homes, landscaping, public open space, new vehicle and pedestrian access and associated works.

 

The application was approved in accordance with the Case Officer’s recommendation with additional conditions and clarification regarding the draft S106 agreement.

(Demolition of all existing buildings and hard standings, remediation of the site, including reinstatement or landscaping of the former canal and development of up to 120 homes, landscaping, public open space, new vehicle and pedestrian access and associated works at Holmer trading estate, College Road, Hereford.). 

 

The Principal Planning Officer 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 J Mayo-Evans, a business owner on the Holmer trading estate, spoke in objection to the application.  Mr B Stephenson, the applicant’s agent, spoke in support.

 

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

 

He observed that, as outlined in the presentation on the application, the loss of employment land had to be weighed against the unique opportunity for the viable reconstruction of the Hereford to Gloucester Canal.   In his view the employment land was poor quality and it was essential to take the opportunity to reconstruct the canal.

 

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

 

·        A scheme for the redevelopment of the trading estate had been allowed on appeal in 2009.  This meant that the principle of development on the site had been established.

 

·        The evidence on the impact on future residents of noise and disturbance from businesses that would continue to operate on part of the estate was unclear.  It was asked what assurances could be provided that the residential and business uses could co-exist harmoniously.

The Principal Planning Officer commented that the risk of noise nuisance had been considered at the 2009 appeal and it had been concluded that a proposed solution would work.  The requirement to protect the development from noise nuisance was reflected in Conditions 24 and 25 as set out in the recommendation.

 

·        Some concern was expressed about the proposed highway arrangements.  Access from College road was to be the same as proposed in 2009, via a mini-roundabout and signalised junction over the railway bridge. Opposition was expressed to more traffic lights in the City and the environmental issues they brought.  It was also requested that highway improvements were made to the bridge to counter the present accident risk and asked whether the bridge could be improved to facilitate pedestrian and cycle use.

 

The Transportation Manager commented that the traffic over the railway bridge was single lane to accommodate the existing footpath in order to provide safe pedestrian connectivity.  Consideration could be given as part of the S278 process to whether there was sufficient width to create a cycleway as well.

 

·        There was a need for housing in the City.  It was to be regretted that the Scheme could not include affordable housing.  However, it was observed that the need for affordable housing was being addressed by identifying provision on other sites.  In contrast, the restoration of the canal could only be accomplished on the application site and that would bring significant economic, environmental and social benefits.  The development accorded with policy E4 - Tourism which in this case outweighed policy E2 – redevelopment of existing land and buildings.

 

·        The provision of smaller housing units on the development might provide more affordable dwellings.

·        Care needed to be taken in dealing with the contaminated spoil on the site.

·        Sympathy was expressed to existing tenants of the trading estate who had not yet found alternative premises and it was requested that the Council should do all it could to assist them to relocate.

·        The Canal Trust had requested that it be made explicit that the S106 agreement should be a tripartite agreement between the Council, the developer and the Trust and this should be made clear in the Committee’s resolution.

·        The wording of the Committee’s resolution should also make clear that the S106 agreement should include a claw-back mechanism whereby in the event that the canal restoration was not as costly as first assumed, a commuted sum would be paid to the Council for the purpose of delivering affordable housing elsewhere. 

·        A concern was also expressed about the need to ensure that, whilst some increase in the density of development might be acceptable, to facilitate contributions through the S106 agreement, it would not be appropriate for the scheme to propose the same density of development as proposed in the 2009 application.  The Principal Planning Officer commented that the precedent had been set and this matter would be addressed as part of the discussion of the S106 agreement and reserved matters.

The Development Manager commented that there would be footpath access from the development into Aylestone Park.  The Council through its economic development officers had been providing assistance to businesses to relocate.

 

The local ward member was given the opportunity to close the debate.  He noted the support for the application and urged that every assistance be provided to existing businesses who wished to do so to relocate.

 

RESOLVED:  Subject to the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement, the scope of which will include the requirement that the agreement includes a minimum of three parties (the Council, the developer and the Herefordshire and Gloucestershire Canal Trust) to facilitate the restoration of the Hereford to Gloucester Canal and the inclusion of a claw-back mechanism whereby in the event that the canal restoration is not as costly as first assumed, a commuted sum will be paid to the Council for the purpose of delivering affordable housing elsewhere, officers named in the Scheme of Delegation to Officers are authorised to grant outline planning permission, subject to the conditions below and any other further conditions considered necessary:

 

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.         B03 Amended plans

           

6.         H06 Vehicular access construction

 

7.         H17 Junction improvement/off site works

 

8.         H19 On site roads – phasing

           

9.         H20 Road completion

 

10.       H21 Wheel washing

 

11.       H27 Parking for site operatives

 

12.       H29 Covered and secure cycle parking provision

 

13.       H31 Outline travel plan

 

14.       No development, or phasing as agreed below, shall take place until the following components of a scheme to deal with the risks associated with contamination of the site are submitted to and approved in writing, by the local planning authority

 

1) A site investigation scheme, based on the preliminary risk assessment, Holmer Trading Estate, College Road, Hereford, September 2014, Waterman Energy, Environment & Design Limited., to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

 

2) The site investigation results and the detailed risk assessment (1) and, based on these, an options appraisal and remediation strategy, if necessary, of the remediation measures required and how they are to be undertaken.

 

3) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. This should include any proposed phasing of demolition or commencement of other works.

 

4) Prior to occupation of any part of the development (unless in accordance with agreed phasing under part 3 above) a verification (validation) report demonstrating completion of the works set out in the approved remediation strategy (2 and 3). The report shall include results of any sampling and monitoring. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action and for the reporting of this to the Local Planning Authority. Any changes to these components require the express written consent of the Local Planning Authority. The scheme shall be implemented as approved. Reason: To protect ground and surface waters (‘controlled waters’ as defined under the Water Resources Act 1991). Condition: 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, a Method Statement for remediation. The Method Statement must detail how this unsuspected contamination shall be dealt with. A verification (validation) report demonstrating completion of the works set out in the method statement shall be submitted to and approved in writing by the Local Planning Authority. The report shall include results of any sampling and monitoring. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action and for the reporting of this to the Local Planning Authority. Reason: To ensure that any unexpected contamination is dealt with and the development complies with approved details in the interests of protection of ground and surface waters (‘controlled waters’ as defined under the Water Resources Act 1991).

 

15.       G19 details of play equipment

 

16.       G10 Landscaping scheme

 

17.       G11 Landscaping implementation

 

18.       G14 Landscape management plan

 

19.       L01 Foul/surface water drainage

 

20.       L02 No surface water to connect to public system

 

21.       L03 No drainage run-off to public system

 

22.       L04 Comprehensive and integrated draining of site

 

23.       The recommendations for species mitigations set out in Section 5 of the ecologist’s reports from  Ecology Services dated November 2015 and habitat enhancements set out within Section 5 of the ecologist’s reports from Ecology Services dated February 2015 should be followed unless otherwise agreed in writing by the local planning authority and the scheme shall be carried out as approved.  A working method statement for protected species present and habitat enhancement plan should be submitted to the local planning authority in writing.  The plan shall be implemented as approved.

 

            Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (with amendments and as supplemented by the Countryside and Rights of Way Act 2000), the Natural Environment and Rural Communities Act 2006 and the Conservation of Habitats and Species Regulations 2010 (and 2012 amendment).

 

24.       Development shall not commence until a scheme to safeguard the residential units hereby permitted from road traffic, railway and industrial noise has been submitted to and approved in writing by the local planning authority.  All works which form part of the approved scheme shall be completed before occupation of any dwellings and shall thereafter be retained.

           

            Reason:  To protect the amenities of the residential units hereby approved so as to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the NPPF.

 

25.       Prior to the commencement of development, details of a scheme for acoustic attenuation of noise from the extract fans at Cavanaghs shall be submitted to and approved in writing by the local planning authority.  The scheme shall be implemented in accordance with the approved details prior to first occupation of any of the residential units hereby permitted and any works or attenuation measures shall thereafter be retained.

 

            Reason:  To protect the amenities of the residential units hereby approved so as to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the NPPF.

 

26        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.

 

 

27.       The Remediation Scheme, as approved pursuant to condition no. (1) 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.

 

28.       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.

 

INFORMATIVES:

 

1.         Statement of positive and proactive working

 

2.         S106

 

3.         HN01 Mud on Highway

 

4.         HN04 Private Apparatus Within Highway

 

5.         HN05 Works Within the Highway

 

6.         HN07 Section 278 Agreement

 

7.         HN08 Section 38 Agreement and Drainage Details

 

8.         HN10 No Drainage to Discharge to Highway

 

9.         HN21 Extraordinary Maintenance

 

10.       HN25 Travel Plans

 

11.       HN27 Annual Travel Plan Reviews

 

12.       HN28 Highway Design Guide and Specification