Outline permission for the demolition of an existing dwelling, the erection of up to 3 x residential dwellings with associated drive and access alterations (all other matters reserved).

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

(Outline permission for the demolition of an existing dwelling, the erection of up to 3 x residential dwellings with associated drive and access alterations (all other matters reserved).

 

(The agenda order was changed and this agenda item was considered as the second substantive item with agenda item 7: Duke Street, Withington, considered first.)

 

(Councillor Paul Andrews had left the meeting and was not present during consideration of this application. Councillor Wilding was unable to be present during all of the consideration of the application and accordingly did not vote on this application.)

 

(The Committee had deferred consideration of this application at its meeting on 3 March 2021)

 

The Senior Planning Officer gave a presentation on the application.

 

He added that it was proposed to include an additional condition regarding the management of flood and surface water.

 

In accordance with the criteria for public speaking for virtual meetings, Dinedor Parish Council had submitted a written submission in objection to the application.  This was read to the meeting.   Mr J Lively, the applicant, spoke in support of the application as a virtual attendee.

 

In accordance with the Council’s Constitution, the local ward member, Councillor Summers, spoke on the application.  In summary, he expressed concerns about highway safety, remarking on the number of applications for development along what was a narrow single track road already unfit for purpose.  The Parish Council and residents opposed the application and had expressed concerns about flooding and the road’s condition.  There were no local amenities and no transport links.

 

The Committee discussed the application.

 

The local ward member was given the opportunity to close the debate.  He reiterated his opposition to the proposal.  He expressed reservations about a divergence of the Neighbourhood Development Plan from local wishes through the approval process.

 

A motion in support of the application with an additional condition regarding the management of flood and surface water was carried.

 

RESOLVED:  That planning permission be granted with an additional condition regarding the management of flood and surface water, and subject to the following conditions 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.         CBK - Restriction of hours during construction

 

6.         CE6 - Efficient use of water

 

7.         A Construction Site Waste Management Plan shall be submitted to and approved by the LPA prior to development commencing on site to ensure waste management provisions compliment the construction activities on site and that all waste emanating from the development are dealt with in an appropriate manner and follows the waste hierarchy. The Plan shall include, but not be limited to:

 

            (i) a description of the likely quantity and nature of waste streams that will be generated during construction of the development;

 

            (ii) measures to monitor and manage waste generated during construction including general procedures for waste classification, handling, reuse, and disposal, use of secondary waste material in construction wherever feasible and reasonable, procedures or dealing with green waste including timber and mulch from clearing activities and measures for reducing demand on water resources;

 

            (iii) measures to monitor and manage spoil, fill and materials stockpiles, including details of how spoil, fill or material will be handled, stockpiled, reused and disposed of, and locational criteria to guide the placement of stockpiles; and

 

            (iv) details of the methods and procedures to manage construction related environmental risks and minimise amenity impacts associated with waste handling. Construction works shall thereafter be carried out in full accordance with the CEMP Sub-Plans.

 

            Reason: To ensure, manage and co-ordinate the protection and enhancement of the Environment in accordance with the requirements of Policies SDl, SD3, SD4, LDl, LD4 of the Herefordshire Local Plan - Core.

 

8.         CAB - Visibility splays

 

9.         CAD - Access gates

 

10.       CAE - Vehicular access construction

 

11.       CAH - Driveway gradient

 

12.       CAI - Parking - single/shared private drives

 

13.       CAT - Construction Management Plan

 

14.       CB2 - Secure covered cycle parking provision

 

15.       The ecological protection, mitigation, compensation and working methods scheme and any required European Protected Species Mitigation Licence (Bats), as recommended in the ecology reports (Reptile and Bats) by Star Ecology dated 23rd September 2020 shall be implemented in full as stated, and hereafter maintained, unless otherwise approved in writing by the local planning authority and Natural England as relevant to the protected species licence.

 

            Reason: To ensure Biodiversity Net Gain as well as species and habitats enhancement having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy (2015) policies LD1, LD2 and LD3.

 

16.       Prior to any construction above damp proof course levels, a detailed scheme and annotated location plan for proposed biodiversity net gain enhancement features including as a minimum significant provision for Bat Roosting, Bird Nesting, pollinating insect ‘hotels’, wildlife refugia and Hedgehog homes (and movement corridors through any fencing) should be supplied to and acknowledged by the local authority and then implemented in full. The approved scheme shall be maintained hereafter as approved unless otherwise agreed 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), Habitat Regulations 2017, Core Strategy SS6, LD2, National Planning Policy Framework (2019), NERC Act  2006 and Dark Skies Guidance Defra/NPPF 2013/2019.

 

17.       a) At no time shall any external lighting except in relation to safe use of the approved dwellings be installed or operated in association with the approved development; and no permanently illuminated external lighting shall be operated at any time, without the written approval of this local planning authority.

 

            b) No external lighting should illuminate any biodiversity enhancement, boundary feature, highway corridor or adjacent habitats.

 

            c) All lighting installed shall demonstrate compliance with latest best practice guidance relating to lighting and protected species-wildlife available from the Institution of Lighting Professionals and Bat Conservation Trust.

 

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

 

18.       All foul water shall discharge through connection to new plot specific private treatment plants with final outfall to suitably sized ‘shared’ soakaway drainage field on land under the applicant’s control 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 be managed through plot specific soakaway and infiltration features 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.       Prior to first occupation of any property approved under this permission details of how all the shared aspects of the foul drainage scheme will be managed for the lifetime of the approved development will be supplied to the Local Planning Authority for written approval. The approved management scheme shall be hereafter implemented in full unless otherwise agreed in writing by the Local Planning Authority.

 

            Reason: In order to ensure ongoing compliance 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.

 

21.       Prior to the commencement of any works on site a tree-hedgerow 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 full duration of the construction phase.

 

            No trees over 75mm diameter shall be lopped, topped, pruned or removed without the prior written consent of the local planning authority

 

            Reason: To safeguard all retained trees during development works and to ensure that the development conforms with Policies LD1, LD2 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework (2019).

 

22.       All planting, seeding or turf laying in the approved landscaping scheme pursuant to condition 3 shall be carried out in the first planting season following the occupation of the building or the completion of the development, whichever is the sooner.

 

            Any trees or plants which die, are removed or become severely damaged or diseased within 5 years of planting will be replaced in accordance with the approved plans.

 

            Reason: To ensure implementation of the landscape scheme approved by local planning authority in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

 

23.       Prior to the first occupation of any dwelling of the residential development hereby permitted a scheme to enable the charging of plug in and other ultra low emission vehicles (e.g provision of cabling and outside sockets) to serve the occupants of the dwellings hereby approved shall be submitted to and approved in writing by the local planning authority.

 

            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.

 

INFORMATIVES:

 

1.         IP2 - Application Approved Following Revisions

 

            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 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

 

(The meeting adjourned between 10.56 am and 11.06 am)