Proposed detached passivhaus design, self-build, single-storey dwelling.

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

(Proposed detached passivhaus design, self-build, single-storey dwelling.)

The Senior 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 M Leigh, a local resident, spoke in objection.  Mr G Mikurkic, the applicant, spoke in support.

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

He made the following principal comments:

·        A large proportion of the village had expressed strong opinions about the application.  There were 9 letters in support with 15 letters of objection.  He therefore thought that the application warranted consideration by the Committee.

·        Whilst building was needed in rural areas, noting in particular the shortage of affordable housing, there was a question as to whether Aconbury was a suitable location for development given the lack of facilities.

·        He acknowledged that the Core Strategy did list Aconbury as a settlement.  Aconbury would have to accept some development even though there was a dislike of change.  However, there was concern that approval of the application would set a precedent for further development.

·        The access was difficult, some 50m down a Byway Open to All Traffic (BOAT) on a steep gradient with modest visibility to the east.

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

·        The proposed development was modest, not obtrusive and would fit in with the local area.  It would provide accommodation for a family that lived and worked in the area. It was in accordance with policy RA2.

·        Regarding the access, anyone could use the BOAT.  It had also previously served as an access to a rifle club.  It would, however, be important for the Council to be mindful of the need to ensure that the BOAT was maintained to cope with the increased use.

·        The development was sustainable and as a Passivhaus development it had regard to environmental considerations including energy efficiency and low running costs.

The local ward member was given the opportunity to close the debate.  He expressed the hope that the fact that the matter had been debated in public by the Committee would enable the various opinions within the community to be reconciled.

The Development Manager commented that whilst officers would not previously have supported development in this type of location, the Core Strategy identified a number of small settlements where applications of this type would now be supported.  The development represented organic growth.

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

1.         A01 - Time limit for commencement (full permission)     

2.         B02 - Development in accordance with approved plans and materials

3.         F08 - No conversion of garage to habitable accommodation

4.         F14 - Removal of permitted development rights

5.         C01 - Samples of external materials

6.         G01 - Earthworks

7.         G02 - Retention of trees and hedgerows

8.         G11 - Landscaping scheme – implementation

9.         C14 - Landscape management plan

10.       Within six months of the first occupation of the dwellinghouse hereby permitted, evidence of Passivhaus certification received from the Passivhaus Institute in Darmstadt shall be submitted to the Local Planning authority by an accredited Passivhaus assessor.

            Reason: The sustainability credentials of the dwellinghouse were given considerable weight in the decision of the Local Planning Authority to grant planning permission for the development and to accord with Policy SD1 and SS6 of the Herefordshire Local Plan – Core Strategy. 

11        CE6 - Water use

12.       I33 - External lighting

13.       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 Policy LD2 of Herefordshire Local Plan – Core Strategy and the NPPF.

            To comply with Policy LD2 of the Herefordshire Local Plan – Core Strategy in relation to Nature Conservation and Biodiversity and to meet the requirements of the NPPF and the NERC Act 2006

14.       H03 - Visibility splays

15.       H09 - Driveway gradient

16.       H05 - Access gates

17.       H13 - Access, turning area and parking

18.       H29 - Covered and secure cycle parking provision

19        H27 - Parking for site operatives

20        I16 - Restriction of hours of construction

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.         I11 -  HN01 Mud on highway

3.         109 - HN04 Private apparatus within highway

4.         I45 -  HN05 Works within the highway

5.         I05 - HN10 No drainage to discharge to highway

6.         I47 - HN24 Drainage other than via highway system

7.         I35 - HN28 Highways Design Guide and Specification