Erection of two residential dwellings (C3) with associated access and infrastructure.

The application was approved in accordance with the Case Officer’s recommendation with an additional informative.

(Erection of two residential dwellings (C3) with associated access and infrastructure.)

(Councillor Fagan fulfilled the role of local ward member and accordingly had no vote on this application.)

The Senior 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 for virtual meetings, Mr A Hall, a local resident submitted a written submission in opposition to the scheme that was read to the meeting by the legal adviser to the Committee.   Mr S Leaver, the applicant’s agent, spoke in support of the scheme, as a virtual attendee. 

In accordance with the Council’s Constitution, the local ward member, Councillor Fagan, spoke on the application. In summary, she commented that, whilst very concerned by aspects of the application, in the absence of objections from statutory and internal consultees she could not advance policy grounds for refusal.  She requested that there should be strengthened informatives/conditions in relation to controlling drainage.

The Committee discussed the application.

The Lead Development Manager summed up the principal considerations.  He commented that informative 9 as set out in the recommendation addressed the point raised by Councillor Fagan about controlling drainage.

The local ward member was given the opportunity to close the debate.  She reiterated her concern to ensure that drainage was effectively controlled by conditions with appropriate informative.

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.         C01 Time limit for commencement (full permission)

2.         C07 Development in accordance with approved plans and materials

3.         C13 Samples of external materials

4.         CBK – Hours of construction

5.         C58 - Domestic use only of garage

6.         CAB - Visibility Splays

7.         CAD - Access gates – 5m

8.         CAE - Vehicular access construction

9.         CAH - Driveway gradient

10.       CAI - Parking – single/shared private drives

11.       CAT - Construction Management Plan

12.       CB2 - Secure covered cycle parking provision

13.       CK3 – Landscape scheme

14.       CK4 – Landscape maintenance plan

15.       CE6 – Efficient use of water

16.       CDA – Clear area adjacent to watercourse

17.       CBM – Scheme of foul and surface water drainage strategy

18.       All foul water shall discharge through connection to new private foul water treatment systems with final outfall to suitable soakaway mound drainage field on land under the applicant’s control as approved through Environment Agency Discharge Permits (EPR/QB3294WC and EPR/PB3792AR or any subsequent permits so issued) unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework (2019), NERC Act (2006), and Herefordshire Core Strategy (2015) policies SS6, LD2 and SD4

19.       All surface water shall discharge to appropriately sized attenuated Sustainable Drainage Systems unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework (2019), NERC Act (2006), and Herefordshire Core Strategy (2015) policies SS6, LD2 and SD3

20.       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 TWO Hedgehog habitat homes 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 2017, Core Strategy LD2, National Planning Policy Framework (2019), NERC Act  2006 and Dark Skies Guidance Defra/NPPF 2013/2019.

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 highway

3.         I09 – Private apparatus within the highway

4.         I45 – Works within the highway

5.         I05 – No drainage to discharge to highway

6.         I47 – Drainage other than via highway system

7.         I35 – Highways Design Guide and Specification

8.         Wildlife Protection and Biodiversity ‘net gain’ Informative

9.         Well maintained watercourses, (which include drainage ditches), are a major means of protecting against flooding. The provisions of the Land Drainage Act 1991 as amended, and the common law, requires landowners, with a watercourse (or ditch) running through or adjacent to their land, to ensure that the watercourse is in such a condition that the proper flow is not impeded. Balfour Beatty Living Places working on behalf of Herefordshire Council are responsible for ensuring that most ordinary watercourses in Herefordshire, (i.e. those that exclude main rivers), are maintained to allow for this free flow of water. The proposed development includes an open ditch running through land owned solely by plot 2. The homeowner must be aware that this ditch must not be culverted without consent granted by Herefordshire Council under Section 23 of the Land Drainage Act 1991 (as amended by the Flood and Water Management Act 2010).