Proposed erection of 12 dwellings, new vehicular access and associated works including new play area/open space.

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

(Proposed erection of 12 dwellings, new vehicular access and associated works including new play area/open space.)

 

The Principal Planning Officer gave a presentation on the application.

 

In accordance with the criteria for public speaking, Mrs A Westwood, Clerk to Stoke Lacy Parish Council spoke in opposition to the Scheme.  Mr R Baum, a local resident, spoke in objection.  Mrs J Joseph, the applicant’s agent, spoke in support.

 

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

 

He made the following principal comments:

·         The application had been subject to good discussion with the local community including at public meetings.  The applicant was a local resident who had lived there all his life and had an interest in providing housing for the benefit of future generations.  He had reduced the scale of the proposed development in response to local views.

·         The key issue was whether the application represented disproportionate development, noting that the Committee had recently approved an application for 28 dwellings in Stoke Lacy.  The nature of the settlement meant that housing development had to be concentrated at Stoke Cross, exacerbating the impact.

·         The Parish Council objected to the proposal and there were also 24 letters of objection.

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

·         It was asked whether approval of the application would preclude any further development.  The Principal Planning Officer commented that each application had to be considered on its merits.  The larger the scale of additional development proposed the more likely it would be that the application would be assessed as to whether such growth was proportionate.

·         In theory it appeared that there might be no limit to proportionate growth if the housing number base was recalculated after each approved development.

·         The A465 was a fast road and it would be difficult to restrict traffic speed to 30 mph.  It was important, having regard to paragraph 2a of the draft heads of terms that relocation/redesign of the 30mph features did take place.

·         Gateway features were necessary.  It was observed, however, that these required maintenance to achieve their purpose.

·         Some concern was expressed about the provision for the maintenance of on-site open space.

·         The development did not represent overdevelopment of the site in question.

·         The proposal provided for areas of new planting.  It would be important to ensure that these were properly managed.

·         The developer should be encouraged to provide good quality housing incorporating energy efficiency measures.

·         Taking account of the recently approved application for 28 homes a total provision of 40 new homes, if the application were approved, did not seem to be proportionate or sustainable.  It was regrettable that the Committee was unable to exercise any control over the pace and timing of developments once approved.

·         Clarification of paragraph 6.10 of the report was sought.  The Lead Development Manager provided a correction confirming that policy RA2 could carry weight in this instance.

·         In response to a question about the consistency of paragraphs 6.18 and 6.20 of the report the Principal Planning Officer explained that whilst some of the roadside hedge would be removed, existing hedgerow along the other two boundaries would be retained.

The local ward member was given the opportunity to close the debate.  He commented that highway measures were needed.  He added that proportionate growth should be calculated against a fixed base point and must not be limitless as it would otherwise potentially be if that point were to be moved after each approved development.

The Transportation Manager confirmed that 1 accident injury had been recorded in the vicinity of the proposed development.  Work would be carried out to ensure the gateway was effective.  A Section 278 Agreement would include works of the appropriate standard deemed necessary to make the development acceptable in highway safety terms.  Account had been taken of the cumulative population growth in making his safety assessment.

The Lead Development Manager commented that weight could be given to policy RA2. The settlement was listed as suitable for growth.  With regard to what constituted proportionate growth there had been appeal decisions where applications for growth in excess of 20% had been dismissed.  The production of a Neighbourhood Development Plan was the way to manage growth.  In terms of highway safety he suggested that a standard condition could be added providing that no occupation of the development occurred until the required highway modifications had been made.

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, 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.         C02 - A02 Time limit for submission of reserved matters (outline permission)

           

2.         C03 - A03 Time limit for commencement (outline permission)

 

3.         C04 - A04 Approval of reserved matters

 

4.         None of the dwellings shall be occupied until the roadworks necessary to provide vehicular access from the A465 have been completed in accordance with details submitted to and approved in writing by the Local Planning Authority.

 

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

5.         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.

 

6.         No development shall commence until a Construction Management Plan (CMP) has been submitted to and approved in writing by the Local Planning Authority.  The plan shall include the following details:

 

a.         Wheel cleaning apparatus which shall be operated and maintained during construction of the development hereby approved.

b.         Parking for site operatives and visitors which shall be retained and kept available during construction of the development.

c.         A noise management plan including a scheme for the monitoring of construction noise.

d.         Details of working hours and hours for deliveries

e.         A scheme for the control of dust arising from building and site works

f.          A scheme for the management of all waste arising from the site

g.         A travel plan for employees.

 

            The agreed details of the CMP shall be implemented throughout the construction period.

 

            Reason: In the interests of the residential amenity of properties within the locality and of highway safety in accordance with Policies SD1 and MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. 

 

 

7.         No building shall be occupied until the drainage system for the site has been completed in accordance with the approved details. Thereafter no further surface water and/or 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

 

8.         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.

 

9.         Prior to the first occupation of any of the dwellings hereby approved a Travel Plan which contains measures and targets to promote alternative sustainable means of transport for residents and visitors with respect to the development hereby permitted shall be submitted to and be approved in writing by the Local Planning Authority. The Travel Plan shall be implemented, in accordance with the approved details, on the first occupation of the development. A detailed written record shall be kept of the measures undertaken to promote sustainable transport initiatives and a review of the Travel Plan shall be undertaken annually. All relevant documentation shall be made available for inspection by the Local Planning Authority upon reasonable request.

 

            Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives and to conform to the requirements of Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

10.       No development shall commence on site, including any site clearance, or materials or machinery brought to the site for the purposes of development until a scheme of habitat protection works (trees and hedgerows as identified in the ecology report recommendations) has been submitted to and approved in writing by the local planning authority and the agreed scheme implemented on site. The protection measures shall be maintained in good condition in situ on site until the completion of all works and the removal of materials and machinery at the end of development, at which time the must be removed from site and any disturbance made good.

 

            Reason: The proper consideration of potential impacts on protected species and biodiversity assets is a necessary initial requirement before any groundworks are undertaken so as to ensure that the nature conservation interest of the site is protected. So as to comply with Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

11.       In this condition ‘retained tree/hedgerow’ means an existing tree/hedgerow that is to be retained in accordance with the approved plans and particulars.

 

            No development, including demolition works shall be commenced on site or site huts, machinery or materials brought onto the site, before adequate measures have been taken to prevent damage to retained trees/hedgerows..  Measures to protect retained trees/hedgerows must include:

 

a) Root Protection Areas for each retained tree/hedgerow must be defined in accordance with BS3998:2010 – Tree Work - Recommendations, shown on the site layout drawing and approved by the Local Planning Authority.

 

b) Temporary protective fencing, of a type and form agreed in writing with the Local Planning Authority must be erected around each retained tree/hedgerow.  The fencing must be at least 1.25 metres high and erected to encompass the whole of the Root Protection Areas for each retained tree/hedgerow.

 

c) No excavations, site works or trenching shall take place, no soil, waste or deleterious materials shall be deposited and no site huts, vehicles, machinery, fuel, construction materials or equipment shall be sited within the Root Protection Areas for any retained tree/hedgerow without the prior written consent of the Local Planning Authority.

 

d) No burning of any materials shall take place within 10 metres of the furthest extent of any retained hedgerow or the crown spread of any retained tree.

 

e) There shall be no alteration of soil levels within the Root Protection Areas of any retained tree/hedgerow.

 

            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.

 

12.       No new development shall commence on site until, based on the recommendations in the ecology report, a detailed habitat & biodiversity enhancement scheme, including type and location of bat roosting and bird nesting mitigation/enhancements, a lighting plan, landscape & planting proposal and an associated 5 year maintenance and replacement plan has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.

 

            Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

13.       No development shall commence until a detailed plan, showing the levels of the existing site, the proposed slab levels of the dwellings approved and a datum point outside of the site, has been submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in accordance with the approved details.

 

            Reason: In the absence of sufficient detailed information, the clarification of slab levels is a necessary initial requirement before any groundworks are undertaken so as to define the permission and ensure that the development is of a scale and height appropriate to the locality and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

14.       H17 off site highway works

 

            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. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. 

 

2.         This planning permission is pursuant to a planning obligation under Section 106 of the Town and Country Planning Act 1990.

 

3.         I 09      Private apparatus within the highway

 

4.         I 11      Mud on the highway

 

5.         I 35      Highways Design Guide

 

6.         I 41      Travel Plans

 

7.         I 45      Works within the highway

 

8.         It is possible that unforeseen contamination may be present on the site as a result of its former agricultural/orchard use. Consideration should be given to the possibility of encountering contamination on the site as a result of its former uses and specialist advice be sought should there be any concern about the land

 

9.         The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com

 

10.       The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

 

11.       The landscaping/enhancement scheme should take in to account Chalara Ash Dieback Disease that is now endemic to the UK and widespread across Herefordshire. With a 95-98% ash mortality consideration should be given as to the management of existing ash trees on site and ensure appropriate additional mitigation planting of future standard hedgerow trees of alternative species (eg Oak, Small-leaved Lime and Hornbeam) is included in the scheme submitted for approval. With a much better take up by wildlife the enhancement scheme should also see the inclusion of bat roosting opportunities within the houses (see Bat Conservation Trust website for details of appropriate ‘bat bricks’ raised ridge tiles and bat boxes) and the use of woodcrete bird nesting boxes including sparrow terraces. The lighting plan is needed so as to ensure bats and other nocturnal animals and the wider landscape are not impacted by any additional lighting and support the objectives of the ‘dark skies initiative’.

 

(The meeting adjourned between 11.15 am and 11.25 am.)