Agenda item

161486 - LAND AT PINFARTHINGS, OFF NORTH MAPPENORS LANE, LEOMINSTER, HEREFORDSHIRE.

Outline application for residential development of up to 21 dwellings with means of access.

Decision:

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

Minutes:

(Outline application for residential development of up to 21 dwellings with means of access.)

 

(This item was considered after application 161638.)

 

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 R Pendleton of Leominster Town Council spoke in opposition to the Scheme.  Mr D Jones, the applicant’s agent, spoke in support.

 

In accordance with the Council’s Constitution, the local ward member, Councillor FM Norman spoke on the application together with the adjoining local ward member, Councillor JM Bartlett.

 

Councillor Norman made the following principal comments:

 

·        She shared the concerns expressed by the Town Council in its objection to the Scheme about a range of highways issues.  These included the narrowness of the roads within the estate with many parked vehicles, the high pollution and congestion on Green Lane and the Bargates.  She questioned the view of the Transportation Manager that highway capacity was not an issue.  It was estimated that the development would generate some 200 additional trips a day in a location where there were already problems.  There were also concerns about the junction of Green Lane and Ginhall Lane.

·        The proposal would involve the loss of valued open space.  Although it was private land the space had been enjoyed by local residents for many years and was a green corridor enhancing health and wellbeing. 

·        It was important that trees and verges on the site were protected.

·        She was concerned that if the development were approved further development on adjoining land would follow.

·        The site was on a slope and she was concerned about run off into the Kenwater and River Lugg.  Although Welsh Water had no objection there had been complaints about sewage overflow into Green Lane.

·        The Core Strategy proposed an additional 2,300 houses for Leominster, a 45% increase.  This was a huge challenge. It appeared that every available space was being taken for housing.

·        If the development was approved it was imperative that the Town Council and local ward members were consulted on the detail.  S106 money should be allocated to seek to alleviate traffic problems.

Councillor Bartlett made the following principal points:

 

·        If the application was approved local ward members should be consulted at the reserved matters stage.  She particularly requested that landscape character documents should be discussed with them.  The S106 agreement should also be discussed with the Town Council.

·        She highlighted the importance of the footpaths crossing the site in particular ZC5 and ZC7. 

·        Requiring bungalows to be provided on certain parts of the site would preserve the privacy of existing residents and prevent footpaths becoming enclosed alleyways.

·        The site had never been within the Neighbourhood Development Plan settlement boundary and was not one of the sites identified in the Strategic Housing Land Availability Assessment (SHLAA).  Sites for some 2,000 new dwellings had already been identified in Leominster, leaving 15 years of the life of the Core Strategy to provide the remaining 300 dwellings required by the plan.

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

 

·        Bungalows should be put on the eastern side of the side and gardens should back onto gardens.  Larger buildings could be put on the northern side of the site.

·        Building materials should be kept on site.

·        Works should be undertaken at the Green Lane/Pinfarthings/Ginhall Lane junction to enforce the existing no left turn into Ginhall Lane restriction that was currently being ignored.

·        Traffic congestion and pollution in the Bargates area was a significant concern.  Policy LO1 stated that proposals would be encouraged where they ensured that developments did not exacerbate air pollution levels within the designated air quality management area at Bargates.  A number of Members expressed the view that the traffic problems at the Bargates were so significant that the development should not be permitted.

·        The scope for cycle links between the site and the Town should be fully explored.

·        The access off Mappenors lane was a problem.  However a parking restriction intended to ensure access for refuse and emergency vehicles would be unfortunate for existing residents.

·        The detail should be fully discussed with the Town Council and local ward members.

·        Whilst Welsh Water had no objection there were local reports of issues with water overflow from the site.  It was essential to ensure that these issues were satisfactorily addressed.

·        It was important to protect the public rights of way crossing the site and preserve their amenity.  The ridge heights of buildings should be controlled to prevent the footpaths becoming enclosed alleyways.

·        The loss of grade 2 farmland was regrettable.

 

The Transportation Manager commented that it was estimated that the development would generate between 100-200 additional vehicle movements.  The site was close to the town centre with good pedestrian and cycling links.  The traffic management system at the Bargates was to be renewed by the end of October.  This would improve the junction’s efficiency and would help to reduce the impact of traffic on air quality. 

 

In response to questions the Principal Planning Officer commented that an access at the bottom of the site would not be feasible.  He added that, although locally the site may be perceived to be a valued landscape, inspectors had made clear at appeals that to qualify as a valued landscape an area must have an official designation.  The proposed development was for up to 21 houses and was of an acceptable density.  However, the possibility of a lower density could be explored at the reserved matters stage.  Conditions could be imposed to preserve amenity of existing residents on the eastern boundary and the amenity of public rights of way crossing the site.

 

The Lead Development Manager commented as follows:

·        The proposed improvements at the Bargates junction would be beneficial. 

·        A revised Neighbourhood Development Plan (NDP) had been received from Leominster Town Council for officer comment.  The Plan included the site within the settlement boundary.  It did not identify the site as open space.

·        The proposed S106 agreement offered a raft of improvements. Provision of cycle routes could be discussed with local ward members as part of that agreement. 

·        Welsh Water had stated that the development could be accommodated.  The detail would be considered at the reserved matters stage to ensure there was no pollution of the Kenwater and River Lugg.

The local ward members were given the opportunity to close the debate.

 

Councillor Norman expressed her dissatisfaction that the Town Council had been forced by Herefordshire Council to amend the draft NDP and change the settlement boundary She continued to believe that the only sensible course was to provide additional road capacity in advance of further development.  The situation at the Bargates junction was grounds for refusing the application. 

 

Councillor Bartlett commented that nothing should be done that would exacerbate the existing problems at the Bargates junction. She requested that if at all possible a Beech tree at the proposed access should be protected.  The scope for cycle routes should also be explored.  She reiterated that the Town Council and local ward members should be consulted on the detail of the scheme if the application was approved.  She too was aggrieved by the changes Herefordshire Council had required to the NDP, which she noted might not command support at the forthcoming referendum on the Plan.  There were a number of preferable sites for development identified within the SHLAA. 

 

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 amended and recirculated in the Committee update 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 by officers

 

 

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.

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. 

 

5.

CAE - H06 – Vehicular access construction

 

6.

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.

 

7.

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.

 

8.

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.

 

9.

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.

 

10.

The Remediation Scheme, as approved pursuant to condition no. 9  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.

 

11.

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.

 

12.

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.

 

13.

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 Policy SD3 of the Herefordshire Local Plan – Core Strategy and the national Planning Policy Framework.

 

14.

The work and construction methodologies and recommendations as set out in section 6 of the ecological report (Star Ecology 17th May 2016) should be followed in relation to the identified species unless otherwise agreed in writing by the local planning authority.

 

Reason: The proper consideration of potential impacts on protected species and biodiversity assets is a necessary initial requirement before any demolition and/or groundworks are undertaken in order to ensure that diversity is conserved and enhanced in accordance with the requirements of the NERC Act 2006 and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

15.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

16

 

17                   

No development shall commence on site until, based on the mitigation recommendations in the ecology report (Star Ecology 17th May 2016) with details of enhancements for bat roosting, bird nesting and hedgehog homes, 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.

 

The development shall be limited to 21 dwellings

 

Single storey dwellings only shall be located on the eastern boundary

 

 

 

 

 

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.

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

 

3.

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’.

 

4.

A public right of way crosses the site of this permission.  The permission does not authorise the stopping up or diversion of the right of way.  The right of way may be stopped up or diverted by Order under Section 257 of the Town and Country Planning Act 1990 provided that the Order is made before the development is carried out.  If the right of way is obstructed before the Order is made, the Order cannot proceed until the obstruction is removed.

 

5.

I 09 Private apparatus within the highway

 

6.

I 11  Mud on the highway

 

7.

I 35 Highways Design Guide

8.

I 41  Travel Plans

 

9.

I 45  Works within the highway

 

10.

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.

 

11.

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.

 

12.

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.

 

 

Supporting documents: