Outline planning application for residential development and associated works.

Officers authorised to grant planning permission subject to concluding legal agreement.

(Outline planning application for residential development of 10 dwellings and associated works.)

 

The Principal Planning Officer gave a presentation on the application.  Whilst not referenced in the title of the report he reported that the application documentation stated that the application was for 10 dwellings.  He proposed that for clarification a condition be added to the recommendation limiting the development to up to 10 dwellings.

 

 

In accordance with the criteria for public speaking, Mrs C Sawyers, of Kingsland Parish Council spoke in opposition to the Scheme.  Mr B Davies, the applicant’s agent, spoke in support.

 

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 site access was opposite the entrance to Luctonians Rugby Club.  There was a considerable amount of traffic on the A4110 including large lorries from quarries and from chicken farms.  Traffic exceeded the 40mph speed limit. The report recorded accident data but did not include a further recent accident.  The combination of the access to the rugby club and two nearby road junctions created a problem. 

·        Even with the proposed visibility splays the access would still be dangerous.

·        The Neighbourhood Development Plan (NDP) was at Regulation 16 stage and it was important that it was given weight.  The proposed site was outside the settlement boundary which had a definitive end point at the monument to the battle of Mortimer’s cross.  Development should not be permitted to dribble out without limitation into the countryside.

·        The NDP provided for the housing target within the Core Strategy to be met over the life of the Strategy which was up until 2031.

·        The monument to the battle was important as was the site of the battle which was attracting increasing interest.  The site was important historically and as an attraction to tourists.  It was thought that the development site potentially formed part of the battlefield. The Conservation Manager (historic buildings) had objected to the application.

·        The development comprised 3 and 4 bed houses with no smaller houses or affordable element.

·        The sewerage system, contrary to Welsh Water’s claims, was inadequate.

·        The principal grounds for objection were highway safety, the site was outside the settlement boundary and contrary to the NDP, and there was no support for it within the village.

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

·        The principal concern was the volume and speed of traffic and pedestrian and highway safety.

·        The site was suitable for development if a 30 mph speed limit was imposed.

·        Consideration should also be given to a village gateway.

·        A pedestrian crossing should be provided.

·        Kingsland was a linear development and the site would be an extension of the village.

·        A development of 10 homes was not problematic.

·        The site was opposed by the Parish Council and was not identified for development within the NDP.

·        The Conservation Manager (historic buildings) had expressed his concerns about the application.

·        The setting of the village was important and there was currently a natural end to the village. The site was situated beyond that natural boundary.

·        The NDP was not adopted and could only be afforded limited weight.

·        The timing of the application was unfortunate.  By the time a detailed application came forward the NDP would have been adopted.  It was to be hoped that the Parish Council would be fully consulted on that application and its views taken into account.

·        The impact on the conservation area was considered low to moderate.  At the reserved matters stage it would be important to ensure that the design of the development was in keeping with the character of the village.

·        The entry to the village would be adversely affected.

·        Two applications on adjoining land had been refused.

In response to concerns about archaeology the Principal Planning Officer (PPO) commented that a condition would require a watching brief to be kept.

In relation to highway safety the PPO referred to the speed survey at paragraph 6.37 of the report.  This had found that average speeds were below 50mph.  The accidents referred to in the report were a result of driver error.

The Lead Development Manager added that a traffic regulation order could not be imposed as a condition. The proposed visibility splays were greater than required by manual for streets 2 and the technical data indicated the proposed access was satisfactory.  There were objections to the NDP which was not considered to conform to Core Strategy policies RA1 and RA2 and only limited weight could be given to it.

The Transportation Manager commented that the provision of the proposed visibility splays and a footpath would achieve a suitable access.

It was advised that a motion that the application be approved, subject to the imposition of a 30mph speed limit on the relevant part of the A4110 could not be implemented.  It was suggested instead that officers could be authorised to grant permission subject to a legal agreement to provide traffic calming measures being secured.

The local ward member was given the opportunity to close the debate.  He reiterated his concerns about highway safety and the need for a 30mph speed limit, his view that the NDP was compliant with the Core Strategy, and that the site was outside the natural boundary to the village.  If permission were granted he requested that consideration be given to the provision of some affordable housing.

RESOLVED:  That officers named in the scheme of delegation to officers be authorised to grant outline planning permission, subject to the following conditions and any other conditions considered necessary by officers, subject to a legal agreement in relation to the provision of traffic calming measures and consultation with the Chairman and local ward member:

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.         C49 - Site observation – archaeology

 

5.         CD3 - Foul/surface water drainage

 

6.         CAB – Visibility splays

 

7.         CAC – Visibility over frontage

 

8.         CAE – Vehicular access construction

 

9.         CAJ – Parking (estate development)

 

10.       CAL – Access, turning area and parking

 

11.       CAP – Junction improvements / off site works

 

12.       CAQ – On site roads – submission of details

 

13.       CAS – Road completion in 2 years

 

14.       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.

 

15.       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. 

 

16.       No new development shall commence on site until 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 have particular regard to the sites former use as an orchard and the planting scheme should include the use of traditional heritage fruit varieties 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.

 

17.       CA1 – Landscape management plan

 

18.       CBK – Restriction of hours during construction

 

19.       CCD - No burning of materials/substances during construction phase

 

20.       CE6 - Efficient use of water

 

21        Development will be limited to no more than 10 dwellings.

 

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.         I11 – Mud on the highway

 

3.         I09 – Private apparatus within the highway 

 

4.         I45 – Works within the highway

 

5.         I05 – No drainage to discharge to highway

 

 

(The meeting adjourned between 11.10 and 11.20 am.)