Agenda item

212634 - TWO HOOTS, BUSH BANK, HEREFORDSHIRE, HR4 8EJ

Meeting of Planning and Regulatory Committee, Friday 6 May 2022 10.00 am (Item 65.)

Proposed two detached single storey dwellings in cartshed form.

Decision:

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

Minutes:

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 a statement was read out on behalf of Mr Bowen-Jones, Pyons Group Parish Council, Mr Garvey, local resident, spoke in objection to the application and Mr Spreckley, the applicant’s agent, spoke in support of the application.

In accordance with the council's constitution the local Ward member spoke on the application. A statement from the local members was read to the committee. In summary he explained that the application site fell outside of the proposed neighbourhood development plan agreed settlement boundary. He explained that the five year land supply was currently sufficient and the Pyons Group Parish Council had exceeded its new homes target. The proposed site was productive agricultural land and on green belt land. There was concern that the approval of the application could lead to more substantial development in the area. Drainage from the site was raised as a concern and the impact on the River Lugg and its tributaries. The lane in front of the application site was too narrow and inadequate for access; the application would result in additional noise, traffic and pollution. The sustainability of the location of the application was questioned in a village without a regular bus service and no walking or cycling facilities. It was noted that new homes had been built in the locality which had then stood vacant.

The committee discussed the application.

A motion that the application be approved, consistent with the case officer’s recommendation, was moved and was carried by a simple majority.

RESOLVED:

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

1.	C01 – Time limits for implementation
2.	C06 – Development in accordance with approved plans
	Pre-commencement Conditions
3.	Prior to the commencement of development, a detailed plan showing the levels of the existing site, the proposed slab levels of the approved dwellings and a fixed 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 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, policies PG7 and PG9 of the Pyons Group Neighbourhood Development Plan and the National Planning Policy Framework
	Conditions Requiring Discharge
4.	With the exception of site clearance and groundworks, no development shall take place until details pertaining to the following matters have been submitted to and approved in writing by the Local Planning Authority: a) Details and/or samples of materials for external walls and roofs b) Details of all windows and doors (and associated panelling detail) c) Details and/or samples of rainwater goods The work shall subsequently be carried out in full accordance with such approved details. Reason: To ensure the scheme is carried out in accordance with details that are conducive with securing a high quality development which respects the character and amenity of the area in accordance with policies RA2, SD1 and LD1 of the Herefordshire Local Plan – Core Strategy, policy PG7 and PG9 of the Pyons Group Neighbourhood Development Plan and the National Planning Policy Framework
5.	Prior to any works to or removal of the existing roadside hedgerow commencing, a Translocation and Management plan shall be submitted to the LPA for written approval. The supplied plan must include a detailed method statement, establishment maintenance and ongoing management details. The approved plan shall subsequently be implemented and the hedgerow thereafter 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 having regard to the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,), National Planning Policy Framework (2021), NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.
6.	Prior to the first occupation of the development hereby approved, a detailed design specification for the foul water management scheme shown on approved plan 100A shall be submitted to and approved in writing by the local planning authority. 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 LD2 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
7.	Prior to the first occupation of the development hereby approved, a detailed design specification for the surface water drainage system (including confirmation of orifice size, headwall design and, if applicable, Ordinary Watercourse Flood Defence Consent) shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented before the first occupation of any of the dwellings hereby permitted. Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal and to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.
8.	With the exception of site clearance and groundworks, no further development shall take place until full details of the proposed scheme of renewable energy generation (solar panels and air source heat pumps as outlined in the Climate Change Checklist supplied on 2nd March 2022) have been supplied to and approved in writing by the Local Planning Authority. The scheme shall subsequently be implemented as approved prior to the first occupation of the dwellings. Reason: To ensure the scheme is carried out in accordance with the stated intention to incorporate renewable energy generation to help mitigate the impact upon the climate and secure a sustainable form of development which accords with policies SS7 and SD1 of the Herefordshire Local Plan – Core Strategy, policy PG9 of the Pyons Group Neighbourhood Development Plan 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, policy PG7 and PG8 of the Pyons Group Neighbourhood Development Plan and the National Planning Policy Framework.
10.	Prior to the first occupation of the development hereby permitted full details of a scheme for the provision of covered and secure cycle parking facilities within the curtilage of each dwelling 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 in perpetuity. 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 to the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy, policy PG7 and PG8 of the Pyons Group Neighbourhood Development Plan and the National Planning Policy Framework
11.	Prior to first occupation of any dwelling approved under this consent the legally binding details of how all shared aspects of the foul and surface water drainage scheme will be managed for the lifetime of the development shall 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 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
	Compliance Conditions
12.	All planting, seeding or turf laying in the approved landscaping scheme shown on plan 1823.00A 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, policies PG7 and PG9 of the Pyons Group Neighbourhood Development Plan and the National Planning Policy Framework
13.	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 72 metres to the west and 51 metres to east 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, policy PG7 and PG8 of the Pyons Group Neighbourhood Development Plan and the National Planning Policy Framework
14.	All foul water shall discharge through plot specific Package Treatment Plants with final outfall discharging to a shared system utilising a drainage ‘mound’ on land under the applicant’s control; and all surface water discharging through a shared system with a regulated flow discharge to a local watercourse under the applicant’s control.; 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, SD3 and SD4.
15.	The ecological protection, mitigation, compensation and working methods scheme including the Biodiversity Enhancements, as recommended in the ecology report by Ecology Services dated November 2021 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 having regard to the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,), National Planning Policy Framework (2021), NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.
16.	At no time shall any external lighting except low power, ‘warm’ LED lighting in directional downlighters on motion operated and time-limited switches, required in relation to the immediate safe use of the approved development, 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. 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.

INFORMATIVES:

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.

There was an adjournment at 10:41 a.m.; the meeting reconvened at 10:59 a.m.

Councillor Mark Millmore took his seat on the committee at 10:59 a.m.

Supporting documents: