The proposed redevelopment of land and buildings at Bastion Mews to create a mixed-use independent quarter comprising new commercial floorspace and visitor accommodation, associated demolition, use of external areas as events space and associated works of alteration to No.18 Union Street to enable a second means of access/egress.

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

(Councillor Jeremy Milln left the committee to act as the local ward member for the next application.)

 

The Principal 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 Mr Jay Manning, 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 he commented that issues with the application were unusual in terms of the form and material of the development and its location in a sensitive Hereford environment. It was questioned whether the application complied with core strategy policy SS6 to conserve and enhance the existing environment and policy LD1 to positively influence the townscape. A consideration of the acceptability of the impact of the development on the historical environment and heritage asset was required. It was noted that the historic buildings officer had objected to the scheme due to the impact of the shipping containers on heritage assets and the materials used which were deemed to be incongruous.

 

The committee discussed the application.

 

The local Ward member was given the opportunity to close the debate. He explained that the proposal was not unique, two more sites utilised shipping containers within the mediaeval city walls. It was noted that the use of shipping containers would minimise ground disturbance and damage to potential archaeological sites.

 

A motion that the application be approved was moved and was carried unanimously.

 

Resolved -That planning permission be granted subject to the following conditions and any other conditions considered necessary by officers named in the scheme of delegation to officers:

 

1.     The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2.     The development to the fire damaged area of No.3 Bastion Mews and to No.18 Union Street shall be carried out strictly in accordance with drawing numbers 1694 601 Rev B and 1694 402 Rev C except where otherwise agreed in writing stipulated by conditions attached to this permission.

 

Reason: To ensure adherence to the approved plans in the interest of a satisfactory form of development and to comply with Policy SD1 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

 

3.     The siting, layout, scale and external finishes of the of the containers shall be carried out in accordance with the approved plans and the schdeule of materials herein (drawing nos. 1694 308 E, 1694 309 A and 1694 313) unless otherwise agreed in writing by the local planning authority.

 

Reason: To ensure adherance to the approved plans and to protect the character, apperance and amenities of the area in accordance with the requirements of Policies SD1 and LD4 of the Herefordshire Local Plan – Core Strategy and the advice contained within Chapters 12 and 16 of the National Planning Policy Framework.

 

4.     The containers hereby permitted (drawing nos. 1694 308 E, 1694 309 A and 1694 313) shall be permenantly removed from the site at such time as they are no longer required for the uses hereby approved and the land restored to its former condition in accordance with details to be agreed in writing by the local planning authority beforehand, unless otherwise agreed in writing by the local planning authority.

 

Reason: The containers hereby approved have been put forward as part of an overall scheme for the site’s redevelopment to provide flexibility for occupiers of the units. If they are not required for their original purpose, they shall be removed from the site, in the interests of the character of the area and amenity in accordance with Policies SD1 and LD4 of the Herefordshire Local Plan – Core Strategy and the advice contained within Chapters 12 and 16 of the National Planning Policy Framework.

 

5.     With the exception of the uses specified in Condition 20, the development hereby permitted shall be used for purposes within Class E of the Town and Country Planning (Use Classes Order) 1987 (as amended) and for no other purpose unless otherwise agreed in writing by the Local Planning Authority.

 

            Reason: In order to protect the character and amenity of the locality, to             maintain the amenities of adjoining properties and to comply with             Policies HD2 and SD1 of the Herefordshire Core Strategy – Local Plan.

 

 

Pre-commencement conditions

 

6.     No development shall take place until the following has been submitted to and approved in writing by the local planning authority:

 

a)     A ‘desk study’ report including previous and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice.

b)     If the risk assessment in (a) confirms the possibility of significant pollutant linkage (s), a site investigation should be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors.

c)     If the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed shall be submitted in writing. The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination encountered shall be fully assessed and an appropriate remediation scheme shall be submitted to the local planning authority for written approval.

 

Reason: In the interests of human health and to comply with policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. This information is required prior to the commencement of development as it relates to human health issues and the proposal is new build and situated on potentially contaminative uses.

 

 

 

7.     No phase of development shall commence until a Construction Materials and Site Waste Management Plan has been submitted to and approved in writing by the local planning authority. The approved plan shall thereafter be adhered to throughout the construction period for that phase. The plan shall include, but is not limited to, the following matters:

·        site management arrangements, including on-site storage of materials, plant and machinery contractors compounds and other facilities; on-site parking and turning provision for site operatives, visitors and construction vehicles; and provision for the loading/unloading of plant and materials within the site;

·        a detailed construction waste management plan that identifies the main waste materials expected to be generated by the development during construction, together with measures for dealing with such materials so as to minimise waste and to maximise re-use, recycling and recovery

 

Reason: The treatment and handling of any site waste is a necessary initial requirement before any demolition and groundworks are undertaken in the interests of pollution prevention and efficient waste minimization and management so as to comply with the Policy SD1 of the Herefordshire Local Plan - Core Strategy.

 

8.     No work on site shall take place until a detailed design and method statement for the foundation design and all new groundworks has been submitted to, and approved in writing by, the local planning authority.  The development hereby approved shall only take place in accordance with the detailed scheme approved pursuant to this condition.

 

Reason: The development affects a site on which archaeologically significant remains survive and a design solution is sought to minimise archaeological disturbance through a sympathetic foundation design in order to comply with the requirements of Policy LD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. The commencement of development in advance of such approval could result in irreparable harm to any identified heritage asset. 

 

9.     No development shall take place until the developer has secured the implementation of a programme of archaeological survey and recording [to include recording of the standing historic fabric and any below ground deposits affected by the works].  This programme shall be in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the local planning authority and shall be in accordance with a brief prepared by the County Archaeology Service.

 

Reason: To allow for recording of the building/site during or prior to development and to comply with the requirements of Policy LD4 of the Herefordshire Local Plan – Core Strategy. The brief will inform the scope of the recording action and the National Planning Policy Framework. The commencement of development in advance of such approval could result in irreparable harm to any identified heritage asset.

 

10.  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 provide for the disposal of foul water. Thereafter the scheme shall be implemented in accordance with the approved details prior to the occupation of the development and no further foul water 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.

 

Other Conditions

 

11.  The Remediation Scheme, as approved pursuant to condition no. (3) shall be fully implemented before the development is first occupied. On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted and agreed in writing before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

Reason: In the interests of human health and to comply with policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

12.  If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

 

Reason: In the interests of human health and to comply with policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

13.  Delivery vehicles larger than a LWB Transit type van shall not enter the site. Deliveries larger than a LWB Transit type van shall take place from the loading bay on Union Street.

 

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

 

14.  Prior to first occupation of the development hereby permitted full details of a scheme for the provision of covered and secure cycle parking facilities for both the residential and commercial/visitor elements of the development shall be submitted to the Local Planning Authority for their written approval. The covered and secure cycle parking facilities shall be carried out in strict accordance with the approved details and available for use prior to the first use of the development hereby permitted. 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.

 

15.  No noise generating plant nor equipment shall be installed to the exterior of the proposal without
agreement from the local authority in writing.

 

Reason: In order to protect the amenity of occupiers of nearby properties so as to comply with Policies SS6 and SD1 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

 

16.  No surface water from any increase in the roof area of the building /or impermeable surfaces shall be allowed to drain directly or indirectly to 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.

 

17.  All foul water shall discharge to the local Welsh Water mains sewer network managed through the Hereford (Eign) Wastewater Treatment Works unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In order to comply with 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’), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD2 and SD4.

 

18.  All surface water created by the development shall discharge to on-site Sustainable Drainage Systems unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In order to comply with 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’), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD2 and SD3

 

 

19.  Prior to any new construction work above foundation level commencing a detailed scheme and annotated location plan for proposed biodiversity net gain enhancement features including provision of ‘fixed’ habitat features such as habitat boxes supporting bird nesting (including provision for Swifts), bat roosting features and pollinator homes must be supplied to and approved in writing by the local authority. The approved scheme shall be implemented in full and hereafter maintained as approved unless otherwise agreed in writing by the local planning authority.

 

Reason: To ensure that all protected species are considered and habitats enhanced 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 and Countryside Act 1981, National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy (2015) policies SS1, SS6 LD1, LD2 and LD3.

 

20.  No individual shall reside on site in any accommodation hereby permitted for more than 28 consecutive days and no more than for a total of 140 days in any calendar year.

 

Reason: The local planning authority wishes to control the specific use of any occupation on the land for short term/tourist accommodation and not to introduce permanent residential accommodation within the units hereby permitted, in the interest of highway safety, environmental health, heritage, local amenity, the suitability of the structures for permanent residential occupation and refuse and recycling arrangements and to comply with Policy SS1, SS6, LD4, SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

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, including any representations, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework

 

2.     The site is within an Area of Archaeological Importance designated under the Ancient Monuments and Archaeological Areas Act 1979.  The effects of this are that notice is required of any proposed operations which will disturb the ground.  An Operations Notice and accompanying Certificate should be served on Herefordshire Council prior to the commencement of such operations.

 

3.     The applicant is advised that the proposed development affects the site of a Scheduled Ancient Monument.  Section 2 of the Ancient Monuments and Archaeological Areas Act 1979 requires the developer to obtain Scheduled Monument Consent from the Secretary of State for Culture, Media and Sport before development commences.  The Scheduled Monument Consent Branch can be contacted at 2-4 Cockspur Street, London, SW1Y 5DH.  It is an offence to execute or permit to be execute any works resulting in the demolition or destruction of or any damage to a Scheduled Monument.

 

4.     The Authority would advise the applicant (and their contractors) that they have a legal Duty of Care as regards wildlife protection. The majority of UK wildlife is subject to some level of legal protection through the Wildlife & Countryside Act (1981 as amended), with enhanced protection for special “protected species” such as all Bat species, Great Crested Newts, Badgers and other wildlife that are present and widespread across the County. All nesting birds are legally protected from disturbance at any time of the year. Care should be taken to plan work and at all times of the year undertake the necessary precautionary checks and develop relevant working methods prior to work commencing. If in any doubt it advised that further advice from a local professional ecology consultant is obtained.

 

5.     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

 

6.     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. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

 

 

(There was an adjournment at 10:52. The meeting reconvened at 11:05.)

 

(Councillor Jeremy Milln resumed his seat on the committee.)