184506 - LAND WEST OF GARBROOK, LITTLE TARRINGTON, HEREFORD.
Proposed development of ten dwellings including 2 affordable homes and 2 self build plots and associated access road, footpath link, sustainable drainage, hedgerow, tree and orchard planting.
The application was approved in accordance with the Case Officer’s recommendation.
(Proposed development of ten dwellings including 2 affordable homes and 2 self build plots and associated access road, footpath link, sustainable drainage, hedgerow, tree and orchard planting.)
(Councillor J Hardwick fulfilled the role of local ward member and accordingly had no vote on this application.)
The Principal Planning Officer (PPO) gave a presentation on the application.
In accordance with the criteria for public speaking, Mr R Pryce, the applicant’s agent, spoke in support of the application.
In accordance with the Council’s Constitution, the local ward member, Councillor J Hardwick, spoke on the application.
He reported that he had requested that the application be considered by the committee because of local interest in the matter. The draft Neighbourhood Development Plan (NDP) could not be given weight. A great deal of work had been carried out on the application with regard to the design and he supported it.
In the Committee’s discussion of the application the following principal points were made:
· The development would change Tarrington. However, careful consideration had been given to the design. The development included affordable housing. It was to be hoped that it would contribute to the overall sustainability of the settlement. It was not an overdevelopment. It would bring improvements to the unclassified road.
· The extra planting and open space was welcomed. It was requested that care be taken to protect tree root systems.
· The Parish Council supported main housing growth in the core of Tarrington village. However, no weight could be attributed to the draft NDP at this stage.
In response to questions the PPO commented:
· Neither Welsh Water nor the Environment Agency had provided an update in relation to an ongoing pollution issue at Garbrook to which the report referred. The Council’s land drainage officer had had no comment on that issue. Clarification would be sought.
· The Transportation Manager had no objection to the proposed access with the current speed limits. However, the extant permission for 15 dwellings on an adjacent site included a financial contribution towards a Traffic Regulation Order to reduce speeds from Tarrington towards Garbrook. In response to an enquiry Balfour Beatty Living Places had invited the Parish Council to submit a formal request. No response had as yet been received. However, this was not a requirement in order for the development to proceed. The visibility splays were acceptable at the current speeds.
· There were a number of policy issues to be balanced. The site was not within or adjacent to the built up area of Tarrington or of Little Tarrington where development would have been permitted in accordance with policy RA2. However, having regard to the absence of a 5 year housing land supply and the provisions of the National Planning Policy Framework officers considered that the scheme addressed the key issues and the benefits outweighed the adverse impact of the conflict with policy RA2 and policy RA3. Unlike many settlements outside of a settlement boundary residents would have access to the main built up area with a number of improvements to footways proposed and there being access to public transport.
· In terms of density of development the council’s policies did not set out specific density requirements per hectare. Policies did support the efficient use of land but also required development to reflect the context of the site. The proposed density of development in the application was considered appropriate in the circumstances.
The Lead Development Manager confirmed that the affordable housing would be low cost market housing legally tied in perpetuity. The balance and weight to be attributed to the various policies was the key consideration. The site was accessible to the village and would contribute to the required housing growth.
The local ward member was given the opportunity to close the debate. He had no additional comment considering that there had been a useful debate. However, he noted that the Parish Council, despite having raised an objection prompting the redirection to the Committee, had not chosen to make representations to the meeting.
Councillor Greenow proposed and Councillor Williams seconded a motion that the application be approved in accordance with the printed recommendation. The motion was carried with 12 votes in favour, 0 against and 1 abstention.
RESOLVED: That planning permission be granted subject to the following conditions and any further conditions considered necessary by officers named in the scheme of delegation to officers:
1. C02 Time limit for submission of reserved matters (outline permission)
2. C03 Time limit for commencement (outline permission)
3. C04 Approval of reserved matters (layout, scale, appearance and landscaping)
4. C05 Plans and particulars of reserved matters (layout, scale, appearance and landscaping)
5. C06 – Development in accordance with the approved plans, except where otherwise stipulated by conditions attached to this permission (approved drawings: LT-PA2697P2-01a, LT-PA-2697P2-02a, LT-PA-2697P2-03a, LT-PA2697P2-05, LT-PA-2697-08A
6. The reserved matters shall be in substantial accordance with the submitted ‘Proposed development at Little Tarrington – Phase 2’ drawing LT-PA-2697P2-03a
Reason: To ensure the development reflects its context, so as to comply with the requirements of Policies LD1 and SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
7. Development shall be carried out in accordance with the Site Plan phasing drawing (LT-2697P2-02), other than where stipulated by other conditions of this permission, and meaning that none of the dwellings approved for phase 2 shall be commenced until development has commenced for Phase 1 and the access and attenuation basin provided as per the approved drawings and subject to conditions of this permission.
Reason: To ensure that the development is carried out comprehensively so as to ensure it reflects its context, so as to comply with the requirements of Policies LD1 and SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
8. The reserved matters application, submitted pursuant to Condition 1 shall be accompanied by a noise risk assessment and where necessary an Acoustic Design Statement for the proposed dwellings in accordance with Stage 1 and Stage 2 of the ProPG* guidance. The objective is to ensure that the layout and design of the site takes into account the acoustic environment of the site and the maximum internal and external desirable noise levels according to BS8233 are achieved wherever possible. Proposed noise attenuation measures are to be described in full.
(ProPG: Planning and Noise* Professional Practice Guidance on Planning & Noise New Residential Development Published by the Association of Noise Consultants, the Institute of Acoustics and the Chartered Institute of Environmental Health)
Reason: To ensure that the potential noise impacts of the SRN (Strategic Road Network) on the residents of the proposed development are sufficiently mitigated having regard to the requirements of policy SD1 of the Herefordshire Local Plan – Core Strategy and the requirements of the National Planning Policy Framework.
9. The reserved matters application submitted pursuant to Condition 1 shall comprise; either the housing mix set out in in this outline permission or in general accord with the Council’s Local Housing Market Assessment (or any successor document, adopted for these purposes by the local planning authority).
Reason: To define the terms of the permission and to comply with Policies RA2 and H3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
10. The development hereby permitted shall not commence until a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 has been certifies as completed by the local planning authority. The said Agreement shall include:
I. The numbers, type, tenure and location on the site of the affordable housing provision to be made;
II. The arrangements to ensure such provision is affordable for both first and subsequent occupiers of the affordable housing; and
III. The occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.
The affordable housing shall be retained in accordance with the approved scheme.
Reason: In order to provide affordable housing, which is a benefit given significant weight in the planning balance, in accordance with Policies RA2 and H3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
11. The development hereby permitted shall not commence until the local planning authority has approved in writing a Management Company Plan that sets out the long term management and maintenance of the Open Space, landscaping and biodiversity enhancement (other than in privately owned domestic gardens); the establishment of a Management Company; the freehold transfer of the Open Space to the Management Company and the recovery by that Management Company of service charge contributions from the owners of the Open Market Units towards the upkeep and permanent maintenance of the Open Space. The approved Management Company Plan shall be implemented prior to the first occupation of any of the dwellings hereby approved.
Reason: To ensure that the open space, landscaping and biodiversity enhancement is retained and properly managed as benefit of the scheme and in accordance with policies OS1, OS2, LD1, LD2 and SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
12. Before any other works hereby approved are commenced, visibility splays shall be provided from a point 0.6 metres above ground level at the centre of the access to the application site and 3 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 65 metres in each direction along the nearside edge of the adjoining carriageway. Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.
Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
13. Before any other works hereby approved are commenced, the construction of the vehicular access shall be carried out in accordance with a construction access specification, which has first been submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12. Prior to first occupation of any of the approved dwellings the construction of the access shall be completed in accordance with a final specification, which has first been submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.
Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
14. Development shall not begin in relation to any of the specified off-site highway works until details of the works to the public carriageway U66205, as per Drawing LT-PA-2697-08A, have been submitted to and approved in writing by the local planning authority. The development shall not be occupied until the scheme has been constructed in accordance with the approved details.
Reason: To ensure the safe and free flow of traffic on the highway and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy Plan and the National Planning Policy Framework.
15. Details of the footway improvement works (on highway land only) to the north side of A438 between the unclassified road (U66205) and Tarrington village to the west, including a timetable for when these will take place, shall be submitted to and approved in writing by the local planning authority. The development hereby permitted shall not be occupied until the scheme has been completed in accordance with the approved details.
Reason: To provide enhanced pedestrian connectivity for the occupants of the dwellings hereby approved and existing residents, which is a benefit of the scheme taken into account in the planning balance and having regard to the guiding principles of sustainable development contained within Polices SS4 and MT1 of the Herefordshire Local Plan - Core Strategy and guidance contained within the National Planning Policy Framework.
16. No development shall take place, with the exception of the formation of the access and visibility splays pursuant to conditions 11 and 12 of this permission, until clarification of the responsibility and maintenance of the surface water drainage system has been submitted to and approved in writing by the local planning authority. This shall be in accordance with the details agreed in the section 106 agreement for phase 1 (171777/F).
Reason: To ensure compliance with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy.
17. With the exception of the formation of the vehicular access and visibility splays pursuant to conditions 11 and 12 of this permission, no other work shall commence until a detailed habitat enhancement scheme based on the recommendations in the Ecology Report by Ecology Services dated December 2018 should be submitted to and be approved in writing by the local planning authority, and the scheme shall be implemented as approved.
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.
18. Prior to commencement of the development hereby permitted a Construction and Environmental Management Plan (CEMP) shall be submitted to the Local Planning authority for their written approval. The CEMP shall include:
Methodologies to cover the possible presence of bats, nesting birds and other wildlife as relevant at the time of the construction as well as habitat protection. Consideration should be given on how to minimise and mitigate during the construction process: noise and vibration, air quality (including dust management), sustainable waste management, traffic management and flows, water management (surface and groundwater), management and protection of ecological resources including all wildlife and features such as trees and hedgerows, management of any contaminated land and managing spills and accidental discharges during operations and site operative parking. The CEMP should detail the appointed site manager who will oversee implementation and briefing of all contractors, monitor and record all aspects of the CEMP, take all relevant action and liaison as may be needed.
The development shall not commence until the Local Planning Authority has given such written approval. The development shall be carried out in full accordance with the approved detail and thereafter maintained as such.
Reason: To safeguard the Gar Brook from any disturbance, disruption or accidental pollution during the construction phase, to safeguard existing habitats and protected species and to safeguard the wider environment in accordance with policies SS6, RA6 and LD2 of the Herefordshire Local Plan Core Strategy 2011-2031.
Pre-occupancy or other stage conditions
19. Prior to first occupation of any of the new dwellings evidence (such as photos/signed Ecological Clerk of Works completion statement) of ‘fixed’ habitat enhancements (such as bird boxes, bat boxes, bee boxes and hedgehog homes) included within gardens and the open space approved under this decision notice should be submitted to and approved in writing by the local planning authority; and shall be maintained thereafter as approved unless otherwise agreed in writing by the local planning authority. External habitat boxes should be made of a long-lasting material. No external lighting should illuminate any habitat enhancement or boundary feature.
Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), Habitat Regulations 2017, Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework (2018), NERC Act 2006. Dark Skies Guidance Defra/NPPF 2013 (2018).
20. Prior to the first occupation of the development, the flood alleviation channel outlined in section 4.2 of Hydro-Logic Services’ FRA (dated Dec 2018 Ref:K0790 rep 2 rev 4) must be in place and operational unless otherwise agreed in writing by the Local Planning Authority.
Reason: To reduce flood risk to the approved dwellings and as to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
21. The development hereby permitted shall not be brought into use until the access, turning area and parking facilities for the dwellinghouses have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the local planning authority and these areas shall thereafter be retained and kept available for those uses at all times.
Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
22. Prior to the first occupation of each of the dwellings hereby permitted covered and secure cycle parking facilities shall be provided within its curtilage and in accordance with a detailed scheme for such that has first been submitted to and approved in writing by the Local Planning Authority. Thereafter these facilities shall be maintained for such use.
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 with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
23. Prior to the first occupation of any of the dwellings hereby approved details for the storage and collection of waste and recycling bins shall be submitted to and approved in writing by the Local Planning Authority and provided in accordance with the approved details. Thereafter those areas shall be retained for their approved use.
Reason: To ensure that there is adequate provision for storage and collection of waste and recycling bins and to conform with the requirements of Policy SD1 of Herefordshire Local Plan – Core Strategy.
24. The ecological protection and working methods scheme as recommended in the ecology report by Ecology Services dated December 2018 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 having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 2017 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework (2018), NERC Act 2006
25. CE6 – Efficient use of water
26. No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network.
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.
27. Finished floor levels for the buildings hereby approved shall be either 600mm above the 1:100 year plus 35% climate change flood level at the nearest model node elevation or 300mm above existing ground levels, whichever is the higher.
Reason: To protect the development from flooding including the impacts of climate change so as to comply with the requirements of Policy SD3 of the Herefordshire Local Plan – Core Strategy.
28. C97 – landscaping scheme (pursuant to condition 3 – implementation)
1. IP2 - Application Approved Following Revisions
2. I35 - Highways Design Guide and Specification
3. Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public highway. No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway.
4. The developer is required to submit details of the layout and alignment, widths and levels of the proposed roadworks, which shall comply with any plans approved under this planning consent unless otherwise agreed in writing, together with all necessary drainage arrangements and run off calculations. It is not known if the proposed roadworks can be satisfactorily drained to an adequate outfall. Adequate storm water disposal arrangements must be provided to enable Herefordshire Council, as Highway Authority, to adopt the proposed roadworks as public highways. The applicant is, therefore, advised to submit the engineering and drainage details referred to in this conditional approval at an early date to the Senior Engineer, PO Box 236, Plough Lane, Hereford HR4 0WZ for assessment and technical approval. No works on the site of the development shall be commenced until these details have been approved and an Agreement under Section 38 of the Highways Act 1980 entered into.
5. No work on the site should commence until engineering details of the improvements to the public highway have been approved by the Highway Authority and an agreement under Section 278 of the Highways Act 1980 entered into. Please contact the Senior Engineer, PO Box 236, Plough Lane, Hereford HR4 0WZ to progress the agreement.
6. This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford, HR2 6JT (Tel: 01432 261800), shall be given at least 28 days' notice of the applicant's intention to commence any works affecting the public highway so that the applicant can be provided with an approved specification, and supervision arranged for the works.
Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to co-ordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public). Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.
7. This planning permission is pursuant to the conditional requirement (condition 9) to enter into a planning obligation under Section 106 of the Town and Country Planning Act 1990.
8. Welsh Water Advisory Notes
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
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. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.
Our response is based on the information provided by your application. Should the proposal alter during the course of the application process we kindly request that we are re-consulted and reserve the right to make new representation.
If you have any queries please contact the undersigned on 0800 917 2652 or via email at firstname.lastname@example.org
Please quote our reference number (PLA0039235) in all communications and correspondence.
9. Environment Agency advisory note re: pollution
Developers should incorporate pollution prevention measures to protect ground and surface water. We have produced a range of guidance notes giving advice on statutory responsibilities and good environmental practice which include Pollution Prevention Guidance Notes (PPG's) targeted at specific activities. Pollution prevention guidance can be viewed at: https://www.gov.uk/guidance/pollution-prevention-for-businesses.