Outline application for the erection of 9 houses and the improvement of existing access to serve the development.  

The Committee approved the application in accordance with the Case Offficer’s recommendation.

(The Secretary of State will be informed and the decision will not be issued until the call-in request has been duly considered.)

(Outline application for the erection of 9 houses and the improvement of existing access to serve the development.)

 

(Councillor Hunt was not present for the consideration of the whole of this application and accordingly did not vote upon it.)

(Councillor Durkin 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.

She highlighted that the Ministry of Housing, Communities and Local Government had informed the Council that the Secretary of State had received a request that he consider calling in the planning application for his own consideration. If the Committee agreed the resolution the Secretary of State would be informed and the decision would not be issued until the call-in request had been considered.

In accordance with the criteria for public speaking for virtual meetings, Mr M Robins of Upton Bishop Parish Council spoke in objection to the application as a virtual attendee.  Mr D Bushell, a local resident, spoke in objection as a virtual attendee.  Mrs N Inchbald, the applicant’s agent, together with Mr A Padmore, a consultant, spoke in support of the application as virtual attendees.

In accordance with the Council’s Constitution, the local ward member, Councillor Durkin, spoke on the application.  He expressed particular concerns about highway safety and drainage and questioned the development’s sustainability.  He considered there were a number of issues to be resolved and consideration of the application should be deferred.  A development with fewer houses of better design might be preferable.

The Committee discussed the application.  The question of deferring the application was considered.  However, responses by officers addressed the concerns expressed about highway safety and drainage to the satisfaction of most of the Committee.

The local ward member was given the opportunity to close the debate.  He reiterated his concerns about highway safety and drainage.

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

 

2          C03 - Time limit for commencement (outline permission)

 

3          C04 - Approval of reserved matters

 

4          C05 - Plans and particulars of reserved matters

 

5          C06 - Development in accordance with the approved plans

 

6          The reserved matters application submitted pursuant to Condition 1 shall be accompanied by a BS5837:2012 report to detail the quality of the trees and the potential impacts they will have on development above and below ground.

 

            The report should contain the following:

 

•           Tree Survey

•           Tree Constraints Plan

•           Arboricultural Impact Assessment

•           Tree Protection Plan.

 

            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.

 

7          The reserved matters application submitted pursuant to Condition 1 shall be accompanied by details of a scheme for the delivery of the open market housing. This scheme shall comprise a schedule outlining the number of 2, 3 and 4 (+) bed dwellings; the overall mix being 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 SS2, RA2 and H3 of the Herefordshire Local Plan – Core Strategy and the housing and social aims and objectives National Planning Policy Framework.

           

            Pre-commencement Conditions

 

8          CAT - Construction management Plan

 

9          CAB - Visibility Splays – Eastbound 2.4 x 74m, Westbound 2.4 x 73m

 

10        CAE - Vehicular access construction

 

11        CAQ - On site roads - Submission of Details

 

12        No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority.

 

            The scheme shall demonstrate how the site will be effectively drained; the means of disposal of surface and foul water and shall include:

 

•           A detailed surface water drainage strategy with supporting calculations that demonstrates there will be no surface water flooding up to the 1 in 30 year event, and no increased risk of flooding as a result of development between the 1 in 1 year event and up to the 1 in 100 year event and allowing for the potential effects of climate change; detailed foul water drainage strategy showing how foul water from the development will be disposed of

•           Demonstration of the management of surface water during extreme events that overwhelm the surface water drainage system and/or occur as a result of blockage;

•           Demonstrates that opportunities for the use of SUDS features have been maximised, where possible, including use of infiltration techniques and on-ground conveyance and storage features. Additional soakaway testing to BRE 365 will be required to refine the design of the proposed soakaway basin;

•           Indicate how foul flows will communicate to the public sewerage system.

 

            Thereafter, the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further surface water or land drainage shall be allowed to connect directly or indirectly with the public sewerage system.

 

            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 and to manage flood risk in accordance with the requirements of policy SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and guidance contained within the National Planning Policy Framework.

 

13        CCK - slab level plan

 

14        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 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.

           

            Pre-occupation Conditions

 

15        A scheme of noise insulation measures for all the residential accommodation shall be submitted to and be approved in writing by the Local Planning Authority. The approved scheme shall be implemented before the first use of the development to which it relates commences and the measures shall be retained for the duration of the use.

 

            Reason: To safeguard the amenity of the area in compliance with Policy SD1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

16        CAP - Highways Improvement/off site works

 

17        CB2 - Cycle parking

 

18        CE6 - Water efficiency

 

19        Prior to the first occupation of any dwelling a scheme to enable the charging of plug in and other ultra low emission vehicles (e.g. provision of outside electric sockets ) to serve the occupants of the dwellings hereby approved shall be submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details prior ot the first occupation of each dwelling hereby approved.

 

            Reason: To address the requirements policies in relation to climate change SS7 and SD1 of the Herefordshire Local Plan Core Strategy and the guidance contained within the National Planning Policy Framework.

 

20        CK8 - Landscape Management Strategy (following RM)

 

            Compliance Conditions

 

21        All foul water shall discharge through a connection to the local Mains Sewer network; and all surface water managed through on site Sustainable Drainage Scheme (SuDS); unless otherwise agreed in writing by the Local Planning Authority.

 

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

 

22        The ecological protection, mitigation, compensation and working methods scheme, as recommended in the ecology report by Worcestershire Wildlife Consultancy dated October 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 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.

 

23        CAX - Direction of proposed lighting

 

    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          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.

 

3          I11 - Mud on highway

 

4          I09 - Private apparatus within highway

 

5          I45 - Works within the highway

 

6          I07 - Section 38 agreement and drainage

7          I05 - No drainage to discharge to highway

 

8          I47 - Drainage other than via highway system

 

9          I35 - Highways Design Guide and Specification