Outline application for residential development (with all matters reserved except for access), public open space, landscaping and associated infrastructure works.

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

(Outline application for residential development (with all matters reserved except for access), public open space, landscaping and associated infrastructure works.)

 

(Councillors Seldon and Stone had left the meeting and were not present during consideration of this application.  Councillor Millmore fulfilled the role of local ward member and accordingly had no vote on this application.)

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 D Cooper of Holmer and Shelwick Parish Council spoke in opposition to the scheme. Mrs R Walkden, a local resident, spoke in objection and a supporter, Mr P Sulley the applicant’s agent, spoke in support.

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

He made the following principal comments:

·        There was concern about the access point onto the Canon Pyon road which was just after a blind bend and appeared unsafe.

·        There were already traffic delays on the Roman Road.  The application would increase traffic volumes.

·        A bus stop could not be installed because the road and pavement were too narrow.

·        Whitecross School and Holmer Academy were over capacity as was Bobblestock Surgery.

·        He referenced Holmer and Shelwick Parish Council’s objection to the application.

·        He criticised a poor level of engagement by the developer with the local community.

·        He requested that particular regard be had to the draft Neighbourhood Development Plan to which it was advised moderate weight could be attributed in decision making.  The application site was outside the settlement boundary and therefore contrary to policy HS2. Having regard to paragraph 48 of the National Planning Policy Framework, no objections to the settlement boundary had been received. The Neighbourhood Planning Team had no holding objections to it. The NDP would soon be in a position to carry significant weight.

·        The Parish had already met its proportionate housing growth target.  The application site did not form part of the strategic site identified at Holmer West.  The Strategic Planning Team had confirmed that the NDP was in conformity with the NDP and NPPF. 

·        The applicant had not submitted an objection in response to the Regulation 16 consultation.

·        The Strategic Planning Team at paragraph 4.16 of the report had stated that the position on the production of a Hereford Area Plan was unknown and no weight could be attached to it.

·        The NDP had entailed considerable work, provided for large scale and small scale development and commanded support in the local community, as a result of extensive engagement.  He requested that the Committee gave it more weight than indicated in the report as it would imminently be made and would therefore be able to be taken into account if there were to an appeal against refusal of planning permission.  The NDP alone provided material grounds for refusing the application.

 

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

·        There were no objections from the statutory or internal consultees. 

·        It was requested that at the reserved matters stage the applicant be urged to take account of climate change and design energy efficient dwellings and provide charging points for electric cars and consider the provision of bungalows.

·        In relation to education provision, the Holmer Academy school site had no room for expansion.  It was suggested many parents would seek to send their children to Burghill Primary School generating additional traffic.

·        The development lacked a footpath, there was a highway safety concern because of the blind bend and the site was car dependent.

·        The minimum housing target for the parish had been met and the site was outside the settlement boundary.

·        The proposal required the removal of some 80m of hedgerow which provided a wildlife corridor.  Hedgerows also mitigated flooding.  The proposal did not meet policy LD2 and had a severe impact on biodiversity.  Forthcoming legislation and other initiatives would give greater weight to these aspects of development.

·        It had been confirmed that the site comprised Grade 2 agricultural land.  This should be regarded as an asset for the County.

·        In response to questions officers commented:

·        The age of the hedgerow to be removed was not known to the case officer.  However, the Landscape Officer and the Arboricultural Officer had stated that there were no veteran trees present.  She also referred to photographs from the presentation in relation to the quality of the hedgerow.  The applicant had submitted a plan for the replacement of hedgerow, and ecology measures.

·        It was likely that it would take several months for the NDP to be made.

·        Holmer was a complicated location in policy terms.  It was a rural parish adjacent to Hereford City.  The City did not have a settlement boundary.  The site was not in an isolated location away from a main settlement and therefore was not defined as open countryside and not governed by policy RA3. 

The Lead Development Manager acknowledged that the area was outside the settlement boundary in the NDP and the area had met the minimum target for housing growth.  However, the NDP could only be given moderate weight and had to be weighed against the absence of a five year housing land supply and the absence of any objections from consultees.

The local ward member was given the opportunity to close the debate.  He reiterated his view on the weight that should be given to the NDP mindful that the site was outside the settlement boundary and the minimum target for housing growth in the parish had been exceeded.  The area also had few facilities to accommodate the application.

Councillor Hunt proposed and Councillor Polly Andrews seconded a motion that the application be approved in accordance with the printed recommendation with additional conditions as set out in the update sheet.  The motion was carried with 7 votes in favour, 5 against and no abstentions.

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 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:

1          Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

            Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

2          The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval of the last reserved matters to be approved, whichever is the later.

            Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

3          Approval of the details of the layout, scale, appearance and landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

            Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to secure compliance with Policy SD1 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

4          The development shall be carried out strictly in accordance with the approved plans:

·        Site Location Plan: CSA/3339/112 Rev A

·        Revised Landscape Strategy: CSA/3339/112C

·        Topographical Survey:

·        Sheet 1 of 3 Rev B: AP/3252/02B

·        Sheet 2 of 3 Rev B: AP/3252/02B

·        Sheet 3 of 3 Rev B: AP/3252/02B

·        Development Framework Plan CSA/3339/116 Rev A

            except where otherwise stipulated by conditions attached to this permission.

 

            Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

5          Prior to completion or first occupation of the approved development, [whichever is the sooner] a landscape scheme shall be submitted and approved in writing by the Local Planning Authority.  The scheme shall include a scaled plan identifying:

a) Trees and hedgerow to be retained, setting out measures for their protection during construction, in accordance with BS5837: 2012.

b) Trees and hedgerow to be removed.

 

c) All proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details.

d) All proposed hardstanding and boundary treatment.

            Reason:  To safeguard and enhance the character and amenity of the area in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

6          Before the development is first occupied or brought into use, a schedule of landscape maintenance for a period of 5 years shall be submitted to and approved in writing by the Local Planning Authority. Maintenance shall be carried out in accordance with this approved schedule.

            Reason:  To ensure the future establishment of the approved scheme, in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

7          Any trees, plants, or hedgerows which within a period of five years from the date of first planting die, are removed, become seriously damaged or diseased, or become (in the opinion of the Local Planning Authority) otherwise defective, shall be replaced in the current planting season or the first two months of the next planting season, whichever is the sooner, unless the Local Planning Authority gives written consent to any variation.

            Reason: In order to maintain the visual amenities of the area and to conform with Policy LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

8          Prior to the commencement of the development a tree protection plan in accordance with BS5837:2012 shall be submitted and approved in writing by the Local Planning Authority and thereafter implemented in accordance with the approved details for the duration of the construction phase.

            Reason: To safeguard all retained trees during development works and to ensure that the development conforms with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

9          Prior to the commencement of any works a method statement for trees must be submitted and approved by the Local Planning Authority and the development shall be carried out in accordance with the approved method statement.

            Reason:  To safeguard the character and amenity of the area and to ensure that the development conforms with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

10        No buildings on the application site shall be brought into use earlier than 31st March 2020, unless the upgrading of the public water supply system has been completed and written confirmation of this has been issued to the Local Planning Authority.

            Reason: To prevent further hydraulic overloading of the public potable water supply network, to protect the health and safety of existing residents and ensure the site can be effectively served with potable water.

11        No above ground development shall take place until detailed drawings of the drainage system and associated structures that maximise the use of SuDS and that include the location of all manholes and pipes, as well as details of inlets, outfalls and SuDS features (including cross sections with invert levels, maximum water levels, top of bank levels, freeboard);

            Details shall include, but not limited to:

 i)Updated calculations of greenfield runoff rates, proposed discharge rates and attenuation storage requirements using FEH methods and 2013 rainfall data;

ii)Detailed explanation as to how flow that exceeds the capacity of the drainage network will be managed within the site up to the 1 in 100 year event;

iii) Assessment of risk from failure of any above ground storage structures.

Iv)Formal agreement from the relevant undertaker that surface water and foul water can be discharged to the sewerage network;

v)Confirmation of agreement in principle of proposed adoption and maintenance arrangements for all parts of the surface water and foul water drainage system;

vi)Operational and maintenance manual for all proposed drainage features that are to be adopted and maintained by a third party management company.

            Reason: To ensure suiatble drainage can be achieve on site.

12        The ecological protection, mitigation, compensation and working methods, as recommended in the ecology report by Aspect Ecology dated March 2019 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 Habitats & Species Regulations 2018 (as amended), Policy LD2 of the Herefordshire Core Strategy, National Planning Policy Framework (2019) and NERC Act 2006

13        Prior to commencement of any construction works a detailed plan of proposed biodiversity enhancement- ‘net gain’ features, including significant provision for bat roosting, bird nesting, pollinating insect homes and hedgehogs, has been submitted to the local planning authority for written approval. The approved scheme shall be implemented in full and hereafter maintained unless otherwise approved in writing by the Local Planning Authority. No external lighting shall illuminate any new ecological feature or adjacent habitat or boundary feature; and all lighting shall support the Dark Skies principles.

            Reason: To ensure that all protected species are considered and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), the Habitat Regulations 2018 (as amended), Policy LD2 of the Herefordshire Core Strategy, National Planning Policy Framework (2019) and NERC Act 2006.

14        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 as detailed on Figure 4.3 of the submitted Transport Assessment. 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 comply with Herefordshire Core Strategy polices SS4 and MT1

15        The construction of the vehicular access shall be carried out in accordance with a specification to be 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 comply with Herefordshire Core Strategy polices SS4 and MT1

16        Development shall not begin until details of the off-site works as proposed along the A4110 Canon Pyon have been submitted to and approved in writing by the Local Planning Authority, and the development shall not be occupied until the scheme has been constructed in accordance with the approved details.

            Reason: In the Interests of highway safety and to comply with Herefordshire Core Strategy polices SS4 and MT1

17        Prior to occupations on site, a Travel Plan which contains measures to promote alternative sustainable means of transport 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 the Interests of highway safety and to comply with Herefordshire Core Strategy polices SS4 and MT1

18        During the construction phase no machinery shall be operated, no construction works shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday - Friday 7.00am - 6.00pm, Saturday 8.00am -1.00pm nor at any time on Sundays, Bank or Public Holidays.

            Reason: To protect the amenity of local residents and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

19        No development shall take place until the developer has secured the implementation of a programme of archaeological survey and recording [to include recording of the standing historic fabric and any below ground deposits affected by the works].  This programme shall be in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority and shall be in accordance with a brief prepared by the County Archaeology Service.

            Reason: To allow for recording of the building/site during or prior to development and to comply with the requirements of Policy LD4 of the Herefordshire Local Plan – Core Strategy. The brief will inform the scope of the recording action and the National Planning Policy Framework. The commencement of development in advance of such approval could result in irreparable harm to any identified heritage asset. 

20        Prior to the first occupation of the development hereby permitted full details of a scheme for the provision of covered and secure cycle parking facilities within the curtilage of each dwelling shall be submitted to the Local Planning Authority for their written approval. The covered and secure cycle parking facilities shall be carried out in strict accordance with the approved details and available for use prior to the first use of the development hereby permitted. Thereafter these facilities shall be maintained.

            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 Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

21        Prior to the first occupation of [any of] the dwelling to which this permission relates an area for car parking shall be laid out within the curtilage of that property, in accordance with the approved plans which shall be properly consolidated, surfaced and drained, in accordance with details to be submitted to and approved in writing by the Local Planning Authority and those areas shall not thereafter be used for any other purpose than the parking of vehicles.

            Reason: In the Interests of highway safety and to comply with Herefordshire Core Strategy polices SS4 and MT1

22        Proposals for the number, size and type of the tenure for both open market, affordable and the wheelchair accessible unit shall be submitted to the Local Planning Authority for approval either prior to or as part of any reserved matter application(s) relating to Layout. This scheme shall compromise a schedule outlining the number of 1, 2, 3 and 4 + bed dwellings open market and affordable with regard to the affordable housing the tenure mix shall be provided and the overall mix being in general accord with the Council’s Local Housing Market Assessment (or any successor document adopted by the LPA).

            Reason: To define the terms of the permission and to comply with Policy H3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.           

23        The reserved matters submission submitted pursuant to Condition 1 shall be accompanied by details of noise attenuation measures for the proposed dwellings. The scheme shall have reference to the most recent and relevant Pro PG Planning and noise guidance advice provided by BS 8233:2014, Guidance on sound insulation and noise reduction in buildings and the Worlds Health Organisation Guidelines for community noise. The approve scheme shall be implemented before the first occupation or use of the dwellings and thereafter maintained.

            Reason: In the interests of the residential amenity of future residents in accordance with policy SD1 of The Herefordshire Core Strategy and NPPF 2019

24        The plans for the provision for open space and play areas shall be set out in accordance with the standards adopted by the Local Planning Authority and shall be submitted to and approved in writing by the Local Planning Authority.

            Reason. In order to comply with the requirements of Policies OS1 and OS2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

25        Prior to the first occupation of each dwelling within any phase of residential development hereby permitted a scheme demonstrating measures for the efficient use of water as per the optional technical standards contained within Policy SD3 of the Herefordshire Local Plan Core Strategy shall be submitted to and approved in writing by the local planning authority and implemented as approved.

            Reason: To ensure compliance with Policies SD3 and SD4 of the Hereford Local Plan – Core Strategy and the 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 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 in the National Planning Policy Framework.

2          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.

3          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.

4          It is an offence under Section 148 of the Highways Act 1980 to allow mud or other debris to be transmitted onto the public highway.  The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.

5          In connection with Condition [H30][H31], the applicant is advised that the annual Travel Plan Review must include a survey of staff/resident travel patterns and attitudes to travel. (For businesses employing less than 50 people and for residential developments of less than 50 units, a travel survey will only be required every two years). For residential developments, the review should also include traffic counts and an assessment of trips by mode. Applicants are encouraged to conduct their own monitoring and review process. However, they may choose to engage outside consultants to manage the process on their behalf. Council officers can also provide monitoring services for Travel Plan reviews and for this a request should be made to the Sustainable Transport Officer, Herefordshire Council Transportation Unit, PO Box 236, Plough Lane, Hereford, HR4 0WZ.

6          In connection with Condition [H30][H31] the applicant is advised that advice on its formulation and content can be obtained from the Sustainable Travel Officer, Herefordshire Council Transportation Unit, PO Box 236, Plough Lane, Hereford HR4 0WZ.

7          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.

8          It is the responsibility of the developer to arrange for a suitable outfall or discharge point.  It cannot be assumed that the highway drainage system can be used for such purposes.

9          Records show that the proposed development site is crossed by a public watermain with the approximate position being marked on the attached Statutory Public Record. The position shall be accurately located, marked out on site before works commence with no development taking place within the specified protection zone. 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.