210865 - Proposed conversion of two outbuildings to create three new dwellings. Works include: lean-to extension to former workshop to be replaced with single storey extension and open courtyard attached to former dairy to be enclosed with a new flat roof. Proposed works to upgrade existing storage building.

 

210866 - Proposed conversion of two outbuildings to create three new dwellings. Works include: lean-to extension to former workshop to be replaced with single storey extension and open courtyard attached to former dairy to be enclosed with a new flat roof. Proposed works to upgrade existing storage building.

Application 210865 was approved with an amendment to the Case Officer’s recommendation.

 

Application 210866 was approved in accordance with the Case Officer’s recommendation.

 

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 Tully, local resident, spoke in support of the application.

 

In accordance with the council's constitution the local Ward member spoke on the application. He explained the application provided affordable homes in a rural area and was a well-thought-out scheme. It was noted the application had the support of the parish council. The application contributed to meeting local housing need. The need for a section 106 agreement was questioned: it was felt this applied an unnecessary legal framework to a development of this scale.

 

The committee discussed the application.

 

The committee expressed concern regarding the requirement for a section 106 agreement and requested this requirement be withdrawn.

 

Councillor Tony Fagan proposed and Councillor Paul Andrews seconded a motion that the application be approved, consistent with the case officer’s recommendation.

 

The committee raised the objections of the conservation officers with reference to the material proposed for conditioning of the material selected.

 

The lead development manager provided clarification. Consistent with the recommendation and the delegation to officers, an additional condition, requiring the treatment of the openings in the curved wall to be agreed in writing with the planning team, would be added to the permission.

 

The lead development manager explained an alteration to the recommendation to insert the wording 'or planning condition' after section 106 would allow the planning team to review the requirement for a section 106 agreement in respect of the application.

 

The alteration to the recommendation to insert the wording 'or planning condition' after section 106 was confirmed as acceptable by the proposer and seconder of the motion.

 

The local member closed the debate.

 

The motion to approve the application consistent with the case officer’s recommendation and including the insertion of the wording 'or planning condition' after section 106 in the recommendation was put to the vote and was carried.

 

RESOLVED:

 

Subject to the completion of the S106 Agreement or planning condition to secure the delivery, retention and availability for local people of the affordable element of the scheme in perpetuity, that planning application P210865/F be granted planning permission 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 Limit for Commencement

 

2.     C06 – Development in accordance with approved plans

 

3.     CBK – Restriction on hours during construction

 

4.     CNS – The ecological protection, mitigation, compensation and working methods scheme including the detailed bat mitigation measures and management of any new lighting features, as recommended in the ecology report by Focus Ecology dated February 2021 shall be fully implemented and hereafter maintained in 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.

 

5.   C13 – Samples of External Materials (to include walls, roof, windows, doors and guttering/downpipes)

 

6.     CAE – Vehicular Access Construction

 

7.     CE3 – Vehicle Electric Charging Points

 

8.     CBM – Provision of a Foul and Surface Water Drainage Strategy

 

9.     CNS – Prior to first occupation of any one of the approved dwellings an annotated location plan and supporting images or ecologists written report confirming the installation of appropriately located ‘fixed’ habitat features such as habitat boxes supporting a range of bird species, additional bat roosting features and hedgehog homes located on land under the applicant’s ownership shall be supplied for written approval by the planning authority. The approved scheme shall 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

 

10.   CK4 – Implementation (Landscaping)

 

11.   CK5 – Maintenance Plan (Landscaping)

 

12.   CNS – For a period of 5 years after first occupation of any dwellings approved under this permission detailed bat survey reports of Horseshoe bat numbers (and any other species recorded) for summer roosting and winter hibernation counts completed to National Bat Monitoring Programme methodology, shall be submitted to and acknowledged in writing by the local planning authority. The survey results shall also be submitted to the Bat Conservation Trust and Herefordshire Biological Records Centre. The survey results for the previous 12 months shall be submitted to the LPA no later than the 31^st March.

 

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.

 

13.CNS – Unless otherwise approved in writing by the planning authority all of the foul water created by existing residential occupation of Canon Frome Court and additional flows created by the development approved under this permission, shall discharge through connection to a new shared, private Package Treatment Plant (Otto Graf KLARO E - sequencing batch reactor with phosphorous precipitant) with a final direct outfall into the River Frome. The installed system shall hereafter be managed and maintained by Windflower Housing Association as the legally responsible body.

 

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.

 

14.CNS – Unless otherwise approved in writing by the planning authority, all surface water shall discharge through onsite soakaway infiltration systems.

 

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.

 

15.   CKN – Lighting

 

16.   C65 – Removal of permitted development rights

 

17.       None of the dwellings hereby approved shall be occupied until a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 has been certified as completed by the local planning authority.

 

The said Agreement will provide for:

 

• Securing the 1 no. dwelling brought forward as an 'affordable dwelling'             in perpetuity.

• To secure the long term management and occupation of the dwelling.

 

Reason: In order to provide ensure that the dwelling is secured and maintained as affordable housing and to promote and support sustainable development in accordance with Policies SS2, RA3 and H2 of the Herefordshire local Plan - Core Strategy and the National Planning Policy Framework

 

 

Informatives

 

1.     IP2 – Application Approved Following Amendments/Additional Supporting Information

 

2.     I11 – Mud on Highway

 

3.     INS - Any applicant wishing to carry out works in the highway should see the various guidance on Herefordshire Council’s website:

www.herefordshire.gov.uk/directory_record/1992/street_works_licence  or https://www.herefordshire.gov.uk/info/200196/roads/707/highways 

 

4.     INS – The LPA would advise the applicant of the Housing Act 2004 in terms of measures to ensure the premises are free of hazards.

 

That listed building consent application P210866/L be granted subject to the following conditions, and any other further consideration considered necessary by officers named in the scheme of delegation to officers:

 

1.         CE7 – LBC Time Limit for Commencement

 

2.         C06 – Development in accordance with approved plans

 

3.         CG6 – Roofing Salvage

 

4.         CH1 – Masonry Details

 

5.         CH4 – Pointing

 

6.         CH5 – Repointing

 

7.         CH8 – Joinery Works

 

8.         CE9 – Later Approval of Details – to include details of proposed timber cladding and sample of lime mortar

 

9.         CL1 – Colour Scheme General

 

10.       CI2 – Rainwater Goods

 

Informatives

 

1.     I69 – Listed Building Consent

 

2.     I66 – Extent of Permission

 

3.     IP2 – Application Approved Following Revisions/Additional Supporting Information