Proposed outline application with some matters reserved for 39 no. dwellings, garages, roads, school nature area, off road school parking and allotments.

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

(Proposed outline application with some matters reserved for 39 no. Dwellings, garages, roads, school nature area, off road school parking and allotments.)

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, Dr R Jack, of Orleton Parish Council spoke in opposition the Scheme.  Mrs A Turtle, a local resident, spoke in objection. 

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

He made the following principal comments:

·      The scale of the development was large in the local context and did not represent organic growth.

·      The site did have flooding problems and had been underwater all winter.  Roads near the site were also subject to flooding.

·      Flooding led to raw sewage being discharged into Orleton Brook.  The development would increase the strain on a sewerage system that was already overloaded.

·      The response from Severn Trent included in the Committee update suggested Severn Trent had no record of residents experiencing sewerage difficulties.  However, residents had been complaining for years about the problems they had.  There was little confidence locally in Severn Trent.  Severn Trent should be required to make the necessary improvements in advance of any development.

·      A flood alleviation scheme should also be in place before any development.

·      The access road was very busy and provision of a safe crossing was essential.

·      The main Orleton play area was at the other end of the village.

·      The proposed allotments and nature area were not required.

·      There was the potential for some development on the site, the key was how to achieve that satisfactorily.

·      Consideration of the application should be deferred until all the issues had been addressed.

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

·         In the Committee update the officer comments stated that planning authorities would only refuse planning applications on the basis of inadequate sewerage infrastructure where it could be demonstrated that there was environmental harm as a result of the development taking place.  Some Members suggested that whilst there may be no significant effect on the River Wye SAC there would be an adverse effect on the River Teme catchment area, which was itself a triple SSI, if sewerage and flooding improvements were not made.

·         There was concern that the scale of the development might overwhelm the village and it was asked whether phasing of the development could be considered.  The Lead Development Manager commented that this would not be appropriate in the case of such a small scheme.  Market demand would dictate the pace of development.

·         There was general support for the view that sewerage and flooding issues needed to be resolved as a prerequisite in advance of any development.  It was noted that the Committee had been recommended to refuse a recent application at Clehonger until Welsh Water had made the necessary infrastructure improvements.  The Lead Development Manager commented that these issues would be required to be addressed at the reserved matters stage.

·         It was requested that there should be a 20mph speed limit on the road passing the school.

·         It was suggested that the slab levels should be checked to ensure they were appropriate.

·         It was also suggested that the development should be of lower density until all the issues had been addressed.

·         The possibility of a wet drainage system should be investigated.

The Lead Development Manager commented that Severn Trent had stated that the sewerage system for foul flows had ample capacity to accommodate the requirements of 39 additional dwellings.  The lead in time for such a development would be 2-3 years allowing time to resolve the flooding and sewerage issues.  The Scheme provided affordable housing.  The allotments would be accessible by foot, unlike those currently available to residents.  The provision of a safe crossing could be added to the Section 106 agreement along with the provision of a gateway feature for traffic calming.  A 20 mph speed limit on the road by the school could also be provided.  There were concerns about the development but these could be addressed at the reserved matters stage. It was the practice to seek financial contributions at an early stage where possible which could for instance provide the proposed car park at the outset of works. 

The local ward member was given the opportunity to close the debate.  He reiterated the importance of Severn Trent making the necessary improvements before development took place.  He also requested that he be consulted on the conditions for the development.

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 and including a gateway feature, 20mph speed limit on the road by the school and early provision of the proposed car park, officers named in the Scheme of Delegation to Officers are authorised, after consultation with the Chairman and local ward member, to grant outline planning permission, subject to the conditions below and any other further conditions considered necessary:

 

1.         Details of the appearance, landscaping and scale (hereinafter called ‘the reserved matters’) shall be submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

 

            Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

2.         Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of two years from the date of this permission.

 

            Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

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

 

            Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

4.         Development, including works of site clearance, shall not begin until a Habitat Enhancement Plan, including a timetable for implementation, based on the recommendations set out at Section 4 of the Ecological Appraisal submitted with the planning application and integrated with the landscaping scheme to be submitted pursuant to condition 1 above, has been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved Habitat Enhancement Plan.

 

            Reason: 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 the Herefordshire Local Plan – Core Strategy, and to comply with Policy LD2 in relation to Nature Conservation and Biodiversity and to meet the requirements of the National Planning Policy Framework and the NERC Act 2006.

 

5.         Prior to the commencement of development , including any works of site clearance or ground preparation, an Arboricultural Method Statement specifying the measures to be put in place during the construction period, for the protection of those trees and hedgerows to be retained, shall be submitted to and approved in writing by the local planning authority. The Method Statement shall be prepared in accordance with the principles set out in BS 5837:2012 – Trees in relation to design, demolition and construction: Recommendations. Development shall be carried out in accordance with approved Method Statement.

 

            Reason: To safeguard the amenity of the area and to ensure that the development conforms to Policies SD1, LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

6.         No development, including any works of site clearance, shall commence during the bird nesting season (1 March – 31 August inclusive) unless it has been demonstrated through the submission of a method statement that shall previously have been submitted to and approved in writing by the local planning authority, that nesting birds can be adequately protected. Development shall be carried out only in accordance with the approved details which may include, but are not confined to, the timing of work, pre-work checks, avoidance of nesting areas, and protection zones around nesting areas.

 

            Reason: 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 the Herefordshire Local Plan – Core Strategy, and to comply with Policy LD2 in relation to Nature Conservation and Biodiversity and to meet the requirements of the National Planning Policy Framework and the NERC Act 2006.

 

 

7.         The landscaping details to be submitted pursuant to condition 1 above shall include, but are not confined to, the following:

 

•           plans at a scale of 1:200 or 1:500 showing the layout of proposed tree, hedge and shrub planting and grass areas;

•           a written specification clearly describing the species, sizes, densities and planting numbers and giving details of cultivation and other operations associated with plant and grass establishment;

•           proposed finished levels and contours;

•           the position, design and materials of all site enclosure and boundary treatments between and around dwellings, around the boundaries of the site as a whole and around areas of open space;

•           hard surfacing materials;

•           minor structures (eg play equipment, street furniture, refuse storage areas, signage etc);

•           a timetable for implementation;

•           a scheme for the ongoing management and maintenance of all landscaped areas, other than private domestic gardens, including the nature area and allotments, including long term design objectives, management responsibilities and maintenance schedules.

 

            Reason: In order to maintain the visual amenities of the area and to conform with Policy LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

8.         Prior to commencement of development details of the proposed slab levels of the dwellings hereby approved in relation to a datum point outside the development site, shall be submitted to and approved by the local planning authority. Development shall be carried out in accordance with the approved details.

 

            Reason: To protect the development from flooding and to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

9.         Development shall not begin in relation to the provision of road and highway drainage infrastructure until the engineering details and specification of the proposed roads and highway drains have been submitted to and approved in writing by the Local Planning Authority. No dwelling may be occupied until the road and highway drain serving the dwelling has been completed.

 

            Reason: To ensure an adequate and acceptable means of access is available before any dwelling is occupied and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

10.       Prior to the first occupation of any of the dwellings hereby approved a scheme for the provision of covered and secure cycle parking within the curtilage of each dwelling shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. The cycle parking shall be installed and made available for use prior to occupation of the dwelling to which it relates and shall be retained for the purpose of cycle parking in perpetuity.

 

            Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform to the requirements of Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

11.       No development shall take place, including works of site clearance, until details of a sustainable surface water drainage scheme, has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details and timetable. The scheme to be submitted shall:

 

•           provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

•           include a timetable for implementation of the scheme in relation to each phase of the development; and,

•           provide a management and maintenance plan for the scheme, for the lifetime of the development, which shall include the arrangements for adoption of the scheme by any public authority or statutory undertaker, and any other arrangements to secure the operation of the scheme throughout its lifetime.

 

            Reason: To ensure that effective surface water drainage facilities are provided for the proposed development and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

12.       Prior to the commencement of development, details of the car park shown on the approved plan shall be submitted to and approved in writing by the local planning authority and capable of use and shall be constructed and capable of use prior to the first occupation of any of the dwellings hereby approved.

 

            Reason: To ensure that highway improvements intended to mitigate the impacts of the development are available prior to its first occupation and to conform to the requirements of Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

            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.         HN10 No drainage to discharge to highway

 

3.         HN08 Section 38Agreement & Drainage details

 

4.         HN07 Section 278 Agreement

 

5.         HN04 Private apparatus within highway

 

6.         HN01 Mud on highway

 

7.         HN24 Drainage other than via highway system

 

8.         HN05 Works within the highway

 

9.         HN28 Highway Design Guide and Specification