Agenda item


Proposed residential development for seven dwellings and accesses.


The application was approved in accordance with the case officer’s recommendation with amended conditions.


(Proposed residential development for seven dwellings and accesses.)


The Principal Planning Officer (PPO) 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 T Cramp, of Allensmore Parish Council spoke in opposition to the Scheme.  Mr J Slough, a local resident, spoke in objection.  Mrs C Rawlings, the applicant’s agent, spoke in support.

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

He stated that he had requested that the Committee consider the matter given the number of objections and strength of local feeling. The officer report was comprehensive.  The application and amendments to it had been under discussion since December 2017.  The principal objections had been outlined by the Parish Council and the local resident who had spoken to the meeting.

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

·        The amount of garden and amenity space proposed was to be welcomed.  The design was good.  The development was of low density.

·        Paragraph 6.46 of the report stated that the application complied with policy.

·        With regard to drainage concerns a comment was made that there was no indication that the application would lead to increased flooding.  The advice to the Committee was that drainage work would be accommodated on land within the applicant’s ownership.


It was also commented that the responses from the drainage engineer included in the report indicated that there had clearly been concerns about drainage with the proposals at one time having been considered unacceptable.  The final response from the drainage engineer recommending approval was dated 3 November 2018.  Reference had been made in the meeting to a more recent visit to the site by a drainage engineer and it was asked if there was any further information on this point.  The PPO stated that she was aware of that visit, had confirmed its purpose and that the drainage engineer did not intend to make any further representation.


·        It was requested that condition 15 be expanded to include a requirement to collect rain water.

·        The proposed passing bay would be a benefit.  A Member suggested that a second passing bay was required.

·        The development was close to the A465.

·        The Parish Council did not object to the principle of development on the site, but did object to the scale and density.

·        The PPO confirmed that Cobhall Lane should have been described in the report as an unclassified road rather than an unadopted one.

·        The social objective set out at paragraph 8 of the National Planning Policy Framework referred to fostering a well-designed and safe built environment with accessible services.  Clarification was sought as to what services were accessible from the settlement.

The PPO commented that Cobhall Common was identified in policy RA2 at table 4.15 as a settlement appropriate for sustainable growth.  There was good access to the A465 and villages at Allensmore, and Winnal also an RA2 settlement, where there was a public house, garage and shop.  There were various bus stops in the area. There were primary schools nearby at Clehonger, and at Kingstone where there was also a secondary school.  There was school bus provision.

·        It was questioned whether the nearest bus stop on the A465 could be considered safely accessible given the nature of Cobhall Lane and the additional traffic the development would generate.

·        It was also questioned whether in the absence of a settlement boundary the development could be considered to adjoin the main settlement.

The local ward member was given the opportunity to close the debate.  He commented that there had been drainage issues in the area as a result of existing old drainage systems and this underlay local concerns about the prospect of further development.  Cobhall Lane did flood in the winter so there was a question about accessibility of services.  He had been advised that the question over ownership of the land where the drainage would cross Cobhall Common was a civil matter.  The Parish Council was drafting a Neighbourhood Development Plan (NDP) but it currently had no weight.  The indication was that the application site might not be allocated for development and that the Parish Council had identified other sites that it considered preferable.  The housing mix was welcome.  Part of the consultation on the NDP had identified a need for smaller properties.  The development contained a good allocation of garden and amenity land.

The Development Manager commented that there was some subjectivity around the scale of the development, although there was not necessarily an objection to some development in principle.  There was also some subjectivity as to the relationship of the site to the built up part of Cobhall Common. In relation to an expansion of condition 15 to refer specifically to rain water collection he suggested that an informative might be preferable.  However, specific wording could be included if the committee so wished, although there was a potential implication in that if the condition were made specific and the applicant could demonstrate that the site could be properly drained without rain water collection this would result in a condition that could not be adhered to.

The Committee’s view was that the condition should be made specific as a sustainable measure and such conditions had been used previously.

Councillor Greenow proposed and Councillor Edwards seconded a motion that the application be approved in accordance with the printed recommendation with an additional condition as set out in the update sheet and an amendment to condition 15 to refer to rain water collection   The motion was carried with 11 votes in favour, none against and 2 abstentions.

RESOLVED: That planning permission be granted subject to the conditions below and any other conditions considered necessary by officers named in the scheme of delegation to officers: 


1.         A01 -  Time limit for commencement (full permission)   


2.         B01 -  Development in accordance with the approved plans


3.         C01 -  Samples of external materials


4.         G11 – Landscape Implementation

5.         H06 – Vehicular Access Construction

6.         H13 – Access, turning area and parking

7.         H27 – Parking site operatives and Construction Environmental Management Plan

8.         I16 – Hours of working during construction

9.         H09- Driveway Gradient

10.       HO3 – Visibility splays

11.       The development hereby permitted shall not be occupied until the proposed passing place has been constructed and made available for use, in accordance with technical specification and details (including evidence of an agreement under the Section 278 of the Highways Act 1980 S278 agreement) to be submitted to and approved in writing by the Local planning Authority.


            Reason: To ensure the safe and free flow of traffic on the highway and to conform to the requirements if Policy MT1 of Herefordshire Local Plan – Core Strategy Plan and the National Planning Policy Framework.


12.       G02 – Retention of trees and hedgerows


13.       Nature Conservation – Ecology Protection and Mitigation and Biodiversity Enhancements:


            The ecological protection, mitigation and working methods scheme as recommended in the Ecological Report by Star Ecology dated July 2017 and biodiversity enhancements on plan LB001 dated September 2017 shall be implemented in full as stated unless otherwise approved in writing by the local planning authority.


            Reason: To ensure that all species are protected and habitats enhanced 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, NERC 2006


14.       All foul water from the dwellings approved under this Decision Notice shall discharge into individual package treatment plants as outlined in the drainage strategy and drawings submitted to the Council on the 8th November 2018 by Paul Sloan from Tumu Consulting unless otherwise agreed in writing by the Local Planning Authority.


            Reason: In order to comply with Habitat Regulations (2017), National Planning Policy Framework, NERC Act (2006) and Herefordshire Council Core Strategy (2015) policies LD2 and SD4 and the National Planning Policy Framework.


15        Surface water will be managed through an appropriate Sustainable Drainage System (SuDS) and soakaway system within the development site on land under the applicant’s control. The surface water management system shall include the collection of rain water from roofs and shall be implemented and hereafter maintained as approved unless otherwise agreed in writing by the Local Planning Authority.


            Reason: In order to comply with Habitat Regulations (2017), National Planning Policy Framework, NERC Act (2006) and Herefordshire Council Core Strategy (2015) policies LD2 and SD3.


16.       No development shall commence until a drainage construction and management plan, including management responsibilities and maintenance schedules for both foul and surface water arrangements have been submitted and approved in writing by the local planning authority.  The management plan will set out the responsibilities for the various elements of the drainage systems. The plan shall be implemented as approved.


            Reason: In order to ensure effective drainage facilities are provided in accordance with the requirements of Policy SD3 and SD4 of the Herefordshire Local Plan – Core Strategy Plan and the National Planning Policy Framework.




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.         HN19 Disabled needs


3.         HN28 Highways Design Guide and Specification


4.         HN01 Mud on highway


5.         HN04 Private apparatus within the highway


6.         HN05 Works within the highway

Supporting documents: