Development of 2 dwellings with garages.

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

(Development of 2 dwellings with garages.)

(Councillor Wilding had left the meeting and was not present during consideration of this application.)

The Senior Planning Officer (SPO) 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.  She added that Natural England had confirmed that they had no objection to the Habitat Regulations Appropriate Assessment undertaken by the Council.

In accordance with the criteria for public speaking, Mr T Cramp, of Allensmore Parish Council spoke in opposition to the scheme.  Mr D Alakija spoke on behalf of a local resident in objection.  Mr R Pryce, the applicant’s agent, spoke in support.

In accordance with the Council’s Constitution, Councillor Swinglehurst read out a statement on the application on behalf of Councillor Bolderson, the local ward member.  This is included within the update.

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

·        There had been a suggestion that the new access road may also provide access to the scrapyard to the south east of the site.  The SPO clarified that the access lane would only provide access to the two proposed dwellings and a paddock within the applicant’s ownership.  Access to the scrapyard was off a separate road.  Any new access would require planning permission.

·        Concern was expressed about poor drainage and the risk of flooding as highlighted in the Parish Council’s representations.  The site was in flood zone one.  There was historic evidence of flooding.  It was questioned whether this represented grounds for refusing the application.  The Lead Development Manager (LDM) commented that, as set out in the report, the Drainage Engineer was content with the proposed scheme.  Condition 13 required a full drainage strategy to be agreed prior to any development.  He cautioned against seeking to refuse the application on grounds of poor drainage. 

·        It was observed that there were concerns within communities about the robustness of the percolation tests carried out during the hot and dry summer of 2018.  The LDM commented that several tests had been carried out on the site in accordance with the required national standards.

·        The LDM acknowledged concerns about flooding in the area but reiterated that the technical consultees considered the drainage proposals to be acceptable.  He suggested an additional condition that one of the dwellings should be a bungalow to be in keeping with existing development.  This was accepted.  The access was considered acceptable.  The Neighbourhood Development Plan had limited weight at this stage.  Whilst the area had reached its minimum housing target a small number of additional properties was not significant enough to provide grounds for refusing the application.

Councillor Swinglehurst was given the opportunity to close the debate on behalf of the local ward member. She commented that the application highlighted tensions between local knowledge and expert opinion, and local wishes and national policies. The site was in flood zone 1. It was essential that any drainage scheme was detailed and thorough. The development was contrary to the character of the settlement.  She questioned whether the development could be considered an enhancement, noting the impact on the residential amenity of a neighbouring property. The site was specifically not recommended for allocation for housing within the NDP which attracted limited weight.

Councillor Hardwick proposed and Councillor Seldon seconded a motion that the application be approved in accordance with the printed recommendation with an additional condition requiring the proposed dwelling adjacent to the existing buildings to be a single storey dwelling.  The motion was carried with 5 votes in favour, 3 against and 5 abstentions.

RESOLVED: That outline planning permission be granted and subject to the conditions below and any other 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

4.         C06 Development in accordance with the approved plans

5.         CAB Visibility splays

6.         CAE Vehicular access construction

7.         CAH Driveway gradient

8.         CAT Construction Management Plan

9.         CB2 Secure covered cycle parking provision

10.       CBK Restriction of hours during construction

11.       All foul water shall discharge through connection to new private foul water treatment system with final outfall to suitable soakaway drainage field on land under the applicant’s control; and all surface water shall discharge to appropriate soakaway system; unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In order to comply with Conservation of Habitats and Species Regulations (2018), National Planning Policy Framework (2019), NERC Act (2006), and Herefordshire Core Strategy (2015) policies LD2, SD3 and SD4.

12.       Within 3 months of completion of the works approved under this planning decision notice evidence (such as photos/signed Ecological Clerk of Works completion statement) of the suitably placed installation within the site boundary of at least TWO Bat roosting enhancements,  FOUR bird nesting boxes and ONE Hedgehog habitat home should be supplied to and acknowledged by the local authority; and shall be maintained hereafter as approved unless otherwise agreed in writing by the local planning authority. 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 2018, Core Strategy LD2, National Planning Policy Framework (2019), NERC Act  2006 and Dark Skies Guidance Defra/NPPF 2013/2019.

13.       CBM Scheme of foul and surface water disposal

14.       CAP Bus stop relocation

15        The dwelling located nearest to Montrose and Murrayfield shall be single storey.

            Reason: To protect the amenity of neighbouring dwellings and to accord with policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy and National Planning Policy Framework

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. 

(The meeting adjourned between 2.00pm and 2.08pm)

(Councillor Seldon Vice-Chairperson in the chair)