Proposed development of 69 homes, landscaping, public open space, new vehicle access and all associated works.

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

(Proposed development of 69 homes, landscaping, public open space, new vehicle access and all associated works.)

(This application was considered after agenda item 8 – application 152042.)

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 Council’s Constitution, Councillor TM James acting on behalf of the local ward member, Councillor PA Andrews, spoke on the application.  He commented that there were two principal concerns about the proposal: traffic management and the effect on residents and the possibility that the development would lead to development of a playing field next to the application site.

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

·         Particular concern was expressed about the suitability of the access off Baggally Street, whether the emergency services would be impeded and whether alternative options had been explored.  It was suggested a one way system should also be considered.

The Principal Planning Officer commented that other options had been investigated over a period of some 10 years.  However, constraints presented by land ownerships and covenants had meant that it had continued to be concluded that an access off Bagally Street was the only realistic and viable option.

·         A Member suggested that consideration should be given to using compulsory purchase powers to secure a satisfactory access.

·         An informal arrangement seemed to have developed whereby people only parked on one side of Baggally Street.  It was suggested that a more formal arrangement should be considered to ensure this arrangement was maintained to allow vehicles safe passage.

·         There was a question as to whether the development would generate more traffic than the former school site had done.

·         The proposal represented appropriate development of a brownfield site.  Local residents supported development but did not support the proposed access.

·         Note should be taken of the opportunity identified by West Mercia Police to design out crime as part of the scheme.

·         The re-opening of the bridge was welcome as it would improve cycle and pedestrian links within the City and have environmental and health benefits.

·         A Member reiterated his concern that yet another development was proposing that the maintenance of any on-site Public Open Space (POS) would be undertaken by a management company.  This did not provide sufficient assurance.

·         The provision in the S106 agreement provided for funding of the SUDS for 60 years but was silent as to how maintenance would be financed after that time.

·         There was no provision for ongoing maintenance of the on-site play area.

·         The improvements associated with the Yazor Brook were to be welcomed.

·         A proposal was made that consideration of the application should be deferred to allow further consideration to be given to an alternative access.

The Transportation Manager commented that the width of Baggally Street at 5.5m was suitable for the development.  A residents parking scheme and a one way system could be considered.  However, he would wish to assess the need for that after construction of the development but such measures would need to be delivered as part of the development.  He noted that although the scheme provided for 69 garages and one cycle shed the garages were of sufficient size to accommodate storage and the use of the garages as cycle parking. The S106 agreement would support improvements to the cycle network and a crossing North West of the site which would assist in the connectivity of the development.

The Lead Development Manager commented that the delay in developing the site was not due to matters relating to the access but to the resolution of flooding issues and the economic downturn.  The Committee had previously approved a development of 65 dwellings on the site but this had not proceeded because that developer had been unable to find a solution to the flooding.  The new developer had identified a satisfactory solution. 

The access was suitable and as a former school site the site had been accessed by school buses. 

A deferral would not offer any benefit.  On 1 June the applicant could appeal for non-determination and it would be difficult to defend an appeal.  A raft of S106 contributions had been agreed including transportation, education and affordable housing.

Councillor James, on behalf of the local ward member, was given the opportunity to close the debate.  He reiterated his concern about the possibility that the development would lead to development of a playing field next to the application site.

A motion that consideration of the application be deferred was lost.

RESOLVED:  That subject to the completion of a Section 111 agreement under the Local Government Act 1972 and Section 1 of the Localism Act 2011 requiring the applicant to complete, under  section 106 of the Town & Country Planning Act 1990 an 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 planning permission, subject to the conditions below and any other further conditions considered necessary.

1.         A01 Time limit for commencement (full permission)

2.         B01 Development in accordance with the approved plans

3.         C01 Samples of external materials

4.         E01 Site investigation - archaeology

5.         G10 Landscaping scheme

6.         G11 Landscaping scheme - implementation

7.         G04 Protection of trees/hedgerows that are to be retained

8.         G18 Provision of play area/amenity area

9.         H18 On site roads - submission of details

10.       H11 Parking - estate development (more than one house)

11.       H20 Road completion in 2 years

12.       No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the local planning authority. The scheme shall provide for the disposal of foul, surface and land water, and include an assessment of the potential to dispose of surface and land water by sustainable means. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water, surface water and land drainage shall be allowed to connect directly or indirectly with the public sewerage system.

            Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment in accordance with the requirements ofpolicy SD4 of the Herefordshire local plan - Core Strategy

13.       The proposed development site is crossed by a public sewer with the approximate position being marked on the attached Statutory Public Sewer Record. The position shall be accurately located marked out on site before works commence and no operational development shall be carried out within 6 metres either side of the centreline of the public sewer.

            Reason: To protect the integrity of the public sewer and avoid damage thereto protect the health and safety of existing residents and ensure no pollution of or detriment to the environment

14.       The recommendations set out in Section 6.3.10 and 6.3.11 of the ecologist’s preliminary report dated January 2013 should be followed unless otherwise agreed in writing by the local planning authority. An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to carry out further survey work to establish the presence or otherwise of reptiles and protected species of mammal, and to oversee the ecological mitigation work.

            Reasons:  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).

            To comply Herefordshire Council’s Policies LD2 Biodiversity and Geodiversity, LD3 Green Infrastructure of the Herefordshire Local Plan Core Strategy 2013 – 2031 and to meet the requirements of the National Planning Policy Framework (NPPF).

15.       Prior to commencement of development, a Construction Environmental Management Plan shall be submitted for approval in writing by the local planning authority and shall include timing of the works, details of storage of materials and measures to minimise the extent of dust, odour, noise, vibration and potential siltation/run-off arising from and construction process. The Plan shall be implemented as approved.

            Reasons: 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).

16.       I16 Construction Management Plan to include:

•           Hours of working during construction

•           site compound location

•           parking for site operatives

•           parking for visitors

•           turning area / parking area for delivery lorries

•           Hours for deliveries

•           Delivery management strategy

•           details of considerate constructors (contact details for local residents)

•           routing of delivery vehicles during consultation phase

17.       I51 Details of slab levels

18.       B07 Section 106 Agreement - as per attached heads of terms

19.       Finished floor levels shall be set no lower than 600mm above the undefended 1% plus climate change flood level shown in Appendix C (Modelled Watercourse Table) and Drawing Number 3583-15-02-503/P1 (Appendix E) unless otherwise agreed in writing by the LPA.

            Reason: To protect the proposed dwellings from flood risk for the lifetime of the development in accordance with the requirements of policy SD3 of the Herefordshire Local Plan - Core Strategy and guidance contained within the National Planning Policy Framework.

20.       Flood storage compensation, shall be carried out, in accordance with the details submitted, including Section 7 of the FRA dated February 2016, including Drawing Numbers 3583-15-02-500/P2 and 3583-15-02- 503/P1 (Appendix E) unless otherwise agreed in writing by the LPA, in consultation with the Environment Agency.

            Reason: To minimise flood risk and enhance the flood regime of the local area having regard to the requirements of policy SD3 of the Herefordshire Local Plan - Core Strategy and guidance contained within the National Planning Policy Framework.

21.       There must be no new buildings, structures (including gates, walls and fences) or raised ground levels within the flood storage compensation area highlighted in blue on Drawing Numbers 3583-15-02-500/P2 and 3583-15-02-503/P1 (Appendix E).

            Reason: To ensure the flood storage area works efficiently over the lifetime of the development having regard to the requirements of policy SD3 of the Herefordshire Local Plan - Core Strategy and guidance contained within the National Planning Policy Framework.

22.       A maintenance scheme must be in place for the watercourse, flood mitigation area and gabion retaining wall.

 

            Reason: To ensure the flood storage area continues to operate effectively over the lifetime of the development having regard to the requirements of policy SD3 of the Herefordshire Local Plan - Core Strategy and guidance contained within the National Planning Policy Framework.

23.       M17 Water Efficiency - Residential

24.       H29  Secure Covered cycle parking provision

25.       F08 – No conversion to garage to habitable accommodation

           

INFORMATIVES:

1.         HN10 No drainage to discharge to highway

            Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public highway.  No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway.

2.         HN08 Section 38 Agreement & Drainage details

3.         HN28 Highways Design Guide and Specification

4.         HN05 Works within the highway

5.         HN01 Mud on highway

6.         N11A Wildlife and Countryside Act 1981 (as amended) - Birds

7.         N11C General

8.         W01 Welsh Water Connection to PSS

9.         N14 Party Wall Act 1996

10.       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.