Agenda item


Proposed new dwelling.


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


The senior planning officer gave a presentation on the application and the updates/representations received following the publication of the agenda as provided in the update sheets and appended to these minutes.


In accordance with the criteria for public speaking Ms D Clarke of Welsh Newton and Llanrothal Group Parish Council spoke on the application. Mrs S Parkinson, a local resident, spoke in objection to the application. Ms H Boughton, the applicant, spoke in support of the application.


In accordance with the council's constitution the local ward member spoke on the application. In summary she commented that the proposal had been revised following dismissal of an earlier application at an appeal hearing. There remained significant local objection to the proposal in the application from the local community. Welsh Newton Common was not considered to be a sustainable location for more housing. Access to the site along a narrow lane was a concern and a consultant had been commissioned by local objectors to make an assessment of the access road which had concluded that it was incompatible with the NPPF and sections of the Local Plan. Local objectors also felt that the development would be damaging to the character of Welsh Newton Common and did not feel that it provided the small affordable housing that had been originally envisaged for the plot. The proposed development was also felt to have a detrimental impact upon local protected species including dormice which would be in conflict with the local planning policy. If the committee was minded to agree the application it was encouraged to consider conditions to mitigate construction traffic impacts.


The committee discussed the application.


A motion that the application be refused, as it was not compliant with sustainable planning policies SS6, SS1, NT1, LD1, WNL4, WNL1 and WNLC1, was moved.


The Lead Development manager explained that Welsh Newton Common was an area in the core strategy identified for development. The local Neighbourhood Development Plan (NDP) included support for new development. The applicant had revised plans for the development based on the comments of the planning inspector following dismissal of the original application at appeal. It was confirmed that no objections had been received from statutory consultees. Concerns were expressed regarding the reasons for refusal contained in the motion which were not felt to be sustainable. It was highlighted that condition 15 contained a requirement for a construction management plan which would regulate the impact of construction on the common. Condition 22 could be enhanced to ensure that photovoltaic panels and an air source heat pump would be integral to the build, consistent with the conditioning for an electric car charging point.


The local ward member was given the opportunity to close the debate. She explained that the development was not in a sustainable location. If the committee was minded to agree the application it was urged to consider conditions to protect the Common against the impacts of construction and to ensure the inclusion of environmentally sustainable facilities in the permission.


The motion to refuse the application was put to the vote and was lost.


A motion that the application be approved, subject to an amendment to condition 22, to include photovoltaic panels and an air source heat pump, was moved and was carried.


RESOLVED – That planning permission be granted subject to the following conditions, the amendment to condition 22 as outlined above and any further conditions considered necessary by officers named in the scheme of delegation to officers:



Time limit for commencement (full permission)



C07 Development in accordance with approved plans and materials





C13 Samples of external materials


C65 (Class A only with non standard reason linked to NDP policy)



CE6 Efficient use of water



CBK Restriction of hours during construction



All foul water shall discharge through connection to a new private foul water treatment system with final outfall to suitable soakaway drainage field on land under the applicant’s control; and all surface water shall discharge to appropriate SuDS or soakaway system; unless otherwise agreed in writing by the Local Planning Authority.


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



The ecological protection, mitigation, compensation and working methods scheme as recommended in the ecology report by Wilder Ecology dated December 2018 shall be implemented and hereafter maintained in full as stated unless otherwise approved in writing by the local planning authority. No external lighting should illuminate any boundary feature, adjacent habitat or area around the approved mitigation or any biodiversity net gain enhancement features.


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



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 ONE Hedgehog habitat home 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 2018, Core Strategy LD2, National Planning Policy Framework (2019), NERC Act  2006 and Dark Skies Guidance Defra/NPPF 2013/2019.



CAB Visibility splays (2.4M X 25M)



CAD Access gates (5m)




CAE - Vehicular access construction



CAH - Driveway gradient




CAI - Parking – single/shared private drives




CAT - Construction Management Plan




CB2 - Secure covered cycle parking provision



CK9 – Trees in Accordance with plans



CKA – Retention of existing trees



CKF – Specifications for tree planting



At no time shall any external lighting except in relation to safe use of the approved development be installed or operated in association with the approved development and no permanently illuminated external lighting on any building within the application boundary under this consent shall be operated at any time, without the written approval of this local planning authority.


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.


Reason: To ensure that all species and local intrinsically dark landscape are protected having regard to The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife & Countryside Act (1981 amended); National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1-3




















With the exception of any site clearance and groundwork, no further development shall take place until the following information has been submitted and approved by the local planning authority:

  Submission of a site specific layout showing the proposed location of surface water and foul
water drainage features.
• Confirmation of groundwater levels.


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


Reason: In order to ensure 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.


Prior to the first occupation of the dwelling hereby permitted a scheme to enable the charging of plug in and other ultralow emission vehicles (e.g provision of cabling and outside sockets) to serve the occupants of the dwelling 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.






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. 



I11 – Mud on highway



I09 – Private apparatus within the highway



I45 – Works within the highway


I05 – No drainage to discharge to highway



I47 – Drainage other than via highway system



I35 – Highways Design Guide and Specification                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    



There was a brief adjournment at 11:00 a.m. The meeting reconvened at 11:13 a.m.

Supporting documents: