Proposed residential development of 10 dwellings.

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

(Proposed residential development of 10 dwellings.)

 

(Councillor Polly Andrews was not eligible to vote having temporarily lost connection to the meeting because of a technical issue.)

 

The Principal Planning Officer gave a presentation on the application.

 

She reported that the wording of some of the conditions would need to change to reflect a change in the relevant legislation that was applicable.

 

In accordance with the criteria for public speaking for virtual meetings, Mrs J Hirst, a local resident had submitted a made a video submission in objection to the application which was played to the meeting.  Mr D Baume, the applicant’s agent had submitted a written submission which was read to the meeting.

 

In accordance with the Council’s Constitution, the local ward member, Councillor David Hitchiner, spoke on the application.  In summary, he sought clarification on measures proposed for the great crested newts on the site.  He noted that the site was outside the settlement boundary and contrary to the draft Madley Neighbourhood Development Plan (NDP).  However, the Parish Council supported the application and he outlined a number of comments on the Parish Council’s behalf explaining its support. He considered the application a good application.  However, it was contrary to the draft NDP.

 

The Committee discussed the application.

 

The Lead Development Manager highlighted the advice of professional officers on the application noting that they had no objection to it.  The draft NDP had to be weighed in the balance against the absence of a five year housing land supply.  He also noted the Parish Council’s support for the application.

 

The local ward member was given the opportunity to close the debate. He remarked again on the conflict with the draft NDP whilst reiterating the Parish Council’s support for the application.

 

It was proposed that there should be an additional condition requiring rainwater harvesting.

 

Resolved:  That planning permission be granted subject to the following conditions, updating the wording of some of the conditions to reflect a change in the relevant legislation that is applicable, an additional condition on rainwater harvesting. and any further conditions considered necessary by officers named in the scheme of delegation to officers:

 

1.         Time limit for commencement (full permission)

 

 

2.         C06 - Development in accordance with the approved plans:

 

6919-1-01F – Amended Location and Block Plans

6919-1-11D – Amended Proposed Site Layout

6919-1-13C – Amended Site Layout in Village Context

6919-1-17 – Plot 1 – Plans and Elevations

6919-1-25 – Plot 1 – Single Garage - Plans and Elevations

6919-1-15 – Plot 2 – Plans and Elevations

6919-1-14 - Plot 2 Double Garage - Plans and Elevations

6919-1-18 – Plot 3 – Plans and Elevations

6919-1-21 – Plot 4 – Plans and Elevations

6919-1-20 – Plot 5 – Plans and Elevations

6919-1-24 – Plot 6 – Plans and Elevations

6919-1-19 – Plot 7 – Plans and Elevations

6919-1-16 – Plot 8 – Plans and Elevations

6919-1-22 – Plot 9 – Plans and Elevations

6919-1-23 – Plot 10 – Plans and Elevations

6919-1-26 – Cycle Store – Plans and Elevations

 

21259-01 Rev D – Proposed Footway and Highway Improvements

 

3.         Pre-commencements

 

            Before any work, or site clearance begins a Great Crested Newt Mitigation Strategy (GCNMS) and Long-Term Management Plan, shall be supplied to the local planning authority for written approval, together with details of legal arrangements for long-term management. The approved GCNMS shall be implemented and hereafter maintained 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 in accordance with policies LD1-3 of the Herefordshire Local Plan – Core Strategy and the requirements of the National Planning Policy Framework, and having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017) and NERC Act (2006).

 

4.         Hedgerow protection during construction

 

            Before any work commences and, equipment or materials moved on to site, appropriate hedgerow protection areas, (based on guidance in BS5837:2012) shall be implemented and remain in place until all work is complete on site and all equipment and spare materials have been finally removed.

 

            Reason: To ensure that all species are protected and habitats enhanced in accordance with Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework, and having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and NERC 2006.

 

5.         Prior to commencement of any site clearance, preparation or development a fully detailed and specified Ecological Working Method Statement (EWMS) including details of appointed Ecological Clerk of Works shall be provided to the planning authority. The EWMS should consider all relevant species but in particular consideration for Great crested newts.  The approved EWMS shall be implemented in full unless otherwise agreed in writing by the planning authority.

 

            Reason: To ensure that all species and habitats are protected and conserved in accordance with Herefordshire Core Strategy (2015) policies SS6 and LD1-3 and the requirements of the National Planning Policy Framework and having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), (2018), NERC Act (2006), and Dark Skies initiative (DEFRA-NPPF 2013/18).

 

6.         Before any other works hereby approved are commenced, visibility splays, and any associated set back splays at 45 degree angles shall be provided from a point 0.6 metres above ground level at the centre of the access to the application site and 2.4 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 90 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.

 

7.         Development shall not begin until details and location of the following have been submitted to and approved in writing by the local planning authority, and which shall be operated and maintained during construction of the development hereby approved:

 

-           A method for ensuring mud is not deposited onto the Public Highway

-           Construction traffic access location

-           Parking for site operatives

-           Construction Traffic Management Plan

 

            The development shall be carried out in accordance with the approved details for the duration of the construction of the development.

 

            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.

 

8.         Development shall not begin in relation to the provision of road and drainage infrastructure until the following details are submitted to and approved in writing to the local planning authority:

 

-           Surface finishes

-           Drainage details

-           Future maintenance arrangements

 

            The development shall be carried out and thereafter maintained in accordance with the approved details

 

            Reason: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

9.         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 conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

10.       Other than site clearance no further development shall commence until a detailed plan, showing the levels of the existing site, the proposed slab levels of the approved dwellings and garages and a datum point outside of the site, shall be submitted to and be approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

            Reason: In the absence of sufficient detailed information, the clarification of slab levels is a necessary initial requirement before any demolition and/or groundworks are undertaken so as to define the permission and ensure that the development is of a scale and height appropriate to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

11.       C13 – Samples of External Materials

 

12.       The developer shall afford access at all reasonable times to any archaeologist nominated by the local planning authority, and shall allow him/her to observe the excavations and record items of interest and finds.  A minimum of 5 days' written notice of the commencement date of any works shall be given in writing to the County Archaeology Service.

 

            Reason: To allow the potential archaeological interest of the site to be investigated and recorded and to comply with the requirements of Policy LD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

13.       Before any works in relation to the materials specified below begins, details of the following construction materials and design shall be submitted to and approved in writing by the Local Planning Authority:

 

a)         Rooflights (dimensions, materials and cross section of roof slope)

b)         Treatment of gables and cappings;

c)         Treatment of verges and barge boards

d)         Rainwater goods

 

            And as shown on drawings to a scale of 1:20 or 1.10 where necessary.

 

            The works shall be carried out in accordance with the approved details.

 

            Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policies LD1 and SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

14.       No works in relation to any of the features specified below shall commence until a sample panel of all new facing brickwork is provided on site at a minimum size of 1m x 1m and showing the proposed –

 

            Brick types, sizes, colour, texture face-bond; brick bond and type; pointing mortar mix, joint thickness and finish profile.

 

            Confirmation of the materials and methods shall be approved in writing with the Local Planning Authority and carried out accordingly. The approved sample panels shall be retained on site until the work is completed.

 

            Reason: To ensure that the masonry and detailing harmonise with the surroundings so as to ensure that the development complies with the requirements of Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

15.       No joinery works shall commence until details of all external windows and doors and any other external joinery have been submitted to and approved in writing by the Local Planning Authority. These shall include:

 

            Full size or 1:2 details and sections, and 1:20 elevations of each joinery item cross referenced to the details and indexed on elevations on the approved drawings.

Method & type of glazing.

Windows and doors material(s)

Colour Scheme/Surface Finish

 

            The development shall be carried out in accordance with the approved details.

 

            Reason: To ensure that the fenestration harmonises with the surroundings and the design concept of the approved scheme, so as to ensure that the development complies with the requirements of Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

16.       CK3 - Landscape Scheme

 

17.       CK4 – Landscape Implementation

 

18.       CK5 – Landscape Maintenance Plan

 

            Prior to occupation

 

19        Prior to the first occupation of the development hereby permitted full details of the proposed foul and surface water drainage arrangements shall be submitted to and approved in writing by the local planning authority.  The details shall include:

a)         Detailed plans and section drawings of the proposed surface water infiltration features including basins, swales, pipework connections etc.

b)         BRE365 testing is undertaken at the location and depth of all infiltration features.

c)         Calculations for the final design to demonstrate that the proposed surface water drainage system has been designed to prevent the surcharging of any below ground drainage network elements in all events up to an including the 1 in 2 annual probability storm event and will prevent any flooding of the site in all events up to an including the 1 in 30 annual probability storm event. FEH2013 rainfall data is expected.

d)         Calculations for the final design that demonstrates the drainage system will provide sufficient attenuation for up to the 1 in 100 year event and allowing for the potential effects of climate change. FEH2013 rainfall data is expected.

e)         Details of exceedance flow routes and storage areas within the proposed site.

f)          Proposals for adoption and maintenance access for all SuDS features with particular regard to the proposed infiltration basin.

g)         A detailed foul water drainage strategy showing how foul water from the development will be disposed of and illustrating the location of key drainage features and connection to the Welsh Water network, if applicable.

h)         If a connection to a public foul sewer is not considered feasible, the applicant will be required to complete a Foul Drainage Assessment (FDA) Form and submit this as part of any forthcoming planning application.  The FDA Form can be found on the GOV.UK website at this link:

https://www.gov.uk/government/publications/foul-drainage-assessment-form-fda1.

i)          If infiltration to ground is proposed for the foul drainage, infiltration rates at the location(s) and proposed depth(s) of any proposed drainage fields, undertaken in accordance with BS6297 and Building Regulations Part H.

j)          Detailed plans and section drawings of any proposed foul water drainage field, along with maintenance access for all foul drainage features.

k)         Details of adoption and maintenance arrangements for all parts of the foul drainage system.

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

 

            The approved scheme shall be implemented before the first occupation of any of the dwellings hereby permitted.

 

            Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

20.       Boundary treatment details shall be submitted to and approved in writing by the Local Planning Authority prior to their installation.  Where necessary (to accord with the approved GCNMS) they should comprise native hedgerow planting, in order to maintain terrestrial habitat connectivity for great crested newts.  If any additional fence panels are used, there must be a gap below fence panels through which a newt could potentially pass. The boundary treatment shall be completed prior to occupation (or otherwise in accordance with a timetable that has first been submitted to and agreed in writing with the local planning authority).

 

            Reason: In the interests of visual amenity, to ensure the development has an acceptable standard of privacy and that all species are protected and habitats enhanced, so as to accord with Herefordshire Local Plan - Core Strategy policies LD1-3 and SD1 and the National Planning Policy Framework, and having regard to the requirements of the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017) and NERC Act (2006).

 

 

21.       Development shall not begin in relation to any of the specified highways works until details of the following works have been submitted to and approved by the local planning authority in writing following the completion of the technical approval process by the local highway authority.

 

1.         Provisions of footway and crossing points as shown on drawing 21259-01 Rev D – Proposed Footway and Highway Improvements

2.         Extension of existing speed limit and relocation of gateway features.

 

            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.

 

22.       Prior to the first occupation of the dwelling to which it relates covered and secure cycle parking facilities shall be provided in accordance with drawings 6919-1-26 and 6919-1-11D, or an alternative scheme the details of which shall have first been submitted to and approved in writing by Local Planning Authority. 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 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 the dwelling to which it relates a scheme to enable the charging of plug in and other ultra-low emission vehicles (e.g. provision of electric sockets) to serve the occupants shall be submitted to and approved in writing by the local planning authority. The approved details shall be provided prior to the first occupation of the dwelling to which it relates.

 

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

 

24.       CE6 – Water Efficiency

 

25.       Compliance

 

            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, so as to comply with Policy SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

26.       All foul water shall discharge through a connection to the local Mains Sewer network and surface water shall be managed through a SuDs system within the development boundary; unless otherwise agreed in writing by the Local Planning Authority.

 

            In order to comply with Policy SD4 of the Herefordshire Local Plan – Core Strategy and the requirements of the National Planning Policy Framework, Conservation of Habitats and Species Regulations and NERC Act (2006).

 

27.       Condition Eco 09 – Protected Species, Dark Skies and Intrinsically dark landscapes (external lighting)

I.          At no time shall any external lighting (except in relation to safe use of the property; and consisting of low lumens, warm LED ‘down’ lighting units on time limited PIR sensors) be installed or operated on the site without the written approval of this local planning authority.

II.         No external lighting should illuminate any boundary feature, adjacent habitat or area around the biodiversity enhancement features.

 

Reason: To ensure that all species and Dark Skies are protected in accordance with Herefordshire Local Plan - Core Strategy policies SS6, LD1, LD2 and LD3 and the requirements of National Planning Policy Framework and having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), (2019), NERC Act (2006), and the Dark Skies initiative (DEFRA-NPPF 2013/19).

 

 

INFORMATIVES:

 

1.         IP2 – Application Approved Following Revisions

 

2.         I11 – Mud on highway

 

3.         I09 – Private apparatus within the highway

 

4.         I45 – Works within the highway

 

5.         I08 – Section 278 Agreement

 

6.         I07 – Section 38 Agreement & Drainage details

 

7.         I05 – No drainage to discharge to highway

 

8.         I49 – Design of street lighting for Section 278

 

9.         I47 – Drainage other than via highway system

 

10.       I35 – Highways Design Guide and Specification

 

11.       If you have any queries regarding the archaeological interest of the site or the requirements of the conditions relating to archaeological work, please contact HARC, Fir Tree Lane, Rotherwas, Hereford HR2 6LA (Tel: 01432 260470).