Outline application for residential development (with all matters reserved except for access), footway/cycleway and vehicle turning head, stopping up and re-routing of a short section of Grafton Lane, near the A49, public open space, landscaping and associated infrastructure works (AMENDED PLANS and ADDITIONAL SUPPORTING DOCUMENTS).

Application approved in accordance with the case officer’s recommendation.

(Councillor Paul Rone left the committee to act as local Ward member for the next application.)

 

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

 

In accordance with the criteria for public speaking Mr Ben Doouss and Mr George Hardy, local residents, spoke in objection to the application and Mr Rob Davies, planning agent, spoke in support.

 

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained that the application had been amended with the reduction in the number of houses proposed which reduced the impact of the development on the Hereford city skyline. The application met a need for housing close to Hereford City. When the site had been initially proposed it was intended to be supported through the infrastructure of the southern Link Road. Since the cancellation of that scheme the impact of the application will see an increase in traffic at an already busy location. There had been no objections from statutory consultees but it was important the application was acceptable from a highways perspective. The walking route to the site proposed in the application along the A49 was overgrown. It was noted that buses would serve the development and there were good facilities for children proposed on site. The developer contributions arising from the site were welcomed however it was noted that the proposed allocation of the contributions were to projects outside of the ward where the application site was located. It was important that the homes were future proofed against rising energy costs. The impact of the development on existing properties, currently in open countryside, was raised.

 

The committee debated the application.

 

The local ward member was given the opportunity to close the debate.

 

A motion that the application be approved in accordance with the case officer's recommendation was proposed by Councillor Mark Millmore and seconded by Councillor Polly Andrews.

 

The motion was put to the vote and was carried by a simple majority.

 

RESOLVED – that subject to either the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement in accordance with the Heads of Terms stated in the report, or a condition requiring the completion of an agreement prior to the commencement of development, officers named in the Scheme of Delegation to Officers are authorised to grant Outline planning permission, subject to the conditions below and any other further conditions (or amendments) considered necessary.

 

1.         Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

 

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

2.         The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval of the last reserved matters to be approved, whichever is the later.

 

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

3.         Approval of the details of the layout, scale, appearance and landscaping (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

 

Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to secure compliance with Policy SD1 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

 

4.         The development shall be carried out strictly in accordance with the approved  plans:

·         Location Plan: CSA 2477/115 Rev C

 

Pre-commencement conditions

 

5          No development shall commence until a plan has been submitted to and approved in writing by the Local Planning Authority identifying the phasing for the development and shall identify the following:

 

-           Residential phases

-           Timing of delivery of on-site highway works (including but not limited to on-site roads, cycleway)

-           Timing of delivery of offsite highways improvements (TRO / S278 / Stopping Up)

-           Timing of delivery of public open space

-           Delivery of drainage infrastructure

           

The development, including the completion and delivery of infrastructure shall be constructed in accordance with the agreed phasing plan, unless an alternative plan is submitted to and agreed in writing by the Local Planning Authority, in which event construction shall be in accordance with the agreed alternative phasing plan

 

Reason: To clarify the delivery of the proposed development (in relation to conditions and RM submissions) and ensure the acceptable phasing of the construction so as to ensure no detriment to the safe operation of the highway network and the timely provision of necessary infrastructure. This is to ensure compliance with Herefordshire Local Plan – Core Strategy Policies SD1, SS4, SS7, MT1, OS2

 

           

6          No development shall commence until details of a surface water drainage strategy which attenuates the outfall from the site into Withy Brook to no more than 4.6 litres per second has been submitted to the Local Planning Authority and approved in consultation with National Highways.

 

The Surface Water drainage strategy shall include, but not necessarily limited to:

 

a)         a surface water drainage scheme which provides attenuation of a 1: 100 year flood event and includes allowance for climate change: ( details measures to be implemented  to control and monitor water quality as it discharges from the development into the Withy Brook.

b)         provides a management and maintenance plan for the lifetime of the development which shall include the arrangements for its adoption/ownership which may include adoption by any public authority or statutory undertaker and any other arrangements to secure the maintenance and operation of the scheme through its lifetime, and

c)         phasing of delivery to be included in the approved drainage scheme

 

The works  to be carried out in accordance with the approved details.

 

Reason to promote sustainable development, secure proper drainage and manage risk of flooding as required by National Highways

 

7          Prior to the commencement of the development a Traffic Regulation Order to control the use of existing alignment of Grafton Lane, taking into account that a small number of properties will continue to have vehicular access , whilst  pedestrians, cyclists and equestrians will continue to have through access, shall be obtained and approved in writing by the Local Planning Authority and the completion of the works shall be in accordance with details as submitted within  the ‘phasing condition’ above (condition 5).

 

Reason: To ensure the A49 Trunk Road continues to serve its purpose as part of a national system of routes for through traffic in accordance with Section 10(2) of the Highways Act 1980 and in the interests of road safety.

 

 

8          No phase of development shall commence on site until a Construction Site Waste Management Plan has been submitted to and approved in writing by the local planning authority. The objective of the plan is 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.

 

 

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 Strategy.

 

9          Prior to the commencement of Highway works associated with the development, a scheme for any Statutory undertaker’s works and/or diversions required to be undertaken shall be submitted to and approved in writing by the Local Planning Authority in consultation with National Highways.

 

Reason: Reason: To ensure the A49 Trunk Road continues to serve its purpose as part of a national system of routes for through traffic in accordance with Section 10(2) of the Highways Act 1980 and in the interests of road safety.

 

 

10        No development hereby approved shall take place until a scheme to mitigate the anticipated risk to the Ashley user worked level crossing is submitted to and agreed with the Local Planning Authority in order to mitigate the anticipated additional risk of trespass and misuse of the level crossing. The scheme will include details of the measures required to prevent trespass and misuse of the level crossing and timescales for its delivery. 

 

Reason: To mitigate the anticipated additional health and safety risk of misuse and trespass on this user worked level crossing.

 

11        Development (in each phase) shall not begin until details and location of the following have been submitted to and approved in writing by the local planning authority, and which shall be operated and maintained during construction of the development hereby approved:

 

-           A method for ensuring mud is not deposited onto the Public Highway

-           Construction traffic access location

-           Parking for site operatives (including Bike parking)

-           Construction Traffic Management Plan

-           Travel plan for operatives.

-           Siting of site compound / site offices (including stack heights) and storage areas

 

            The development shall be carried out in accordance with the approved details for the duration of the construction of the development

 

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.

 

           

12        No development shall commence for that phase, including site clearance or demolition begin or equipment and materials are moved on to site, until details of including where tree protection shall be erected and works within root protection areas is required, equipment or materials moved on to site, a fully detailed Construction Environmental Management Plan (CEMP) and named ‘responsible person’, including detailed ecological risk avoidance measures based on current site conditions and all protected species known to be locally present (ecological surveys and site assessments under two years old from date of CEMP and  also  include:

-           Hours of working

-           Tree protection (and arb report)

-           Dust

-           Storage of materials

 

shall be supplied to the local planning authority for written approval. The approved CEMP shall be implemented and remain in place until all work is complete on site and all equipment and spare materials have finally been removed. The approved CEMP shall be implemented and remain in place until all work is complete on site and all equipment and spare materials have finally been removed;

 

Reason:To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework , NERC Act (2006), Herefordshire Local Plan - Core Strategy policies LD1, LD2 and LD3.

 

           

13        No development shall take place on each respective phase of the development until the following has been submitted to and approved in writing by the local planning authority:

a)         a 'desk study' report including previous site 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 a 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 submitted to the local planning authority for written approval.

 

Reason: The treatment of any potential contamination is a necessary initial requirement before any demolition and/or groundworks are undertaken so as to ensure that the site is satisfactorily assessed and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

           

 

14        No development on each respective phase of the development shall take place until a potable water scheme to serve the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall demonstrate that the existing water supply network can suitably accommodate the proposed development site. If necessary a scheme to upgrade the existing public water supply network in order to accommodate the site shall be delivered prior to the occupation of any building. Thereafter, the agreed scheme shall be constructed in full and remain in perpetuity.

 

Reason: To ensure the site is served by a suitable potable water supply. No development shall commence until a drainage scheme for the site has been submitted to and approved in writing by the Local Planning Authority

 

Pre-occupancy or other stage conditions

 

           

15        The Remediation Scheme, as approved pursuant to condition no. (13) above, shall be fully implemented for each respective phase of the development before the development on that respective phase 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: Reason: The treatment of any potential contamination is a necessary initial requirement before any demolition and/or groundworks are undertaken so as to ensure that the site is satisfactorily assessed and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

           

16        No above ground development shall take place on each respective phase until detailed drawings of the drainage system and associated structures that maximise the use of SuDS and that include the location of all manholes and pipes, as well as details of inlets, outfalls and SuDS features (including cross sections with invert levels, maximum water levels, top of bank levels, freeboard);

 

Details shall include, but not limited to

           

a)         Confirmation of groundwater levels to demonstrate that the invert level of any unlined attenuation features can be located a minimum of 1m above groundwater levels or demonstration that groundwater ingress can be appropriately be managed.

b)         Detailed drawings of the proposed surface water drainage strategy that demonstrate the inclusion of SuDS, where appropriate, and location and size of key drainage features

c)         Detailed drawings of proposed features such as attenuation features and outfall structures.

d)         Calculations to demonstrate that the proposed surface water drainage system has been designed to prevent the surcharging of any below ground drainage network elements in all events up to an including the 1 in 2 annual probability storm event. FEH 2013 rainfall data is expected.

e)         Calculations to demonstrate that the proposed surface water management system will prevent any flooding of the site in all events up to an including the 1 in 30 annual probability storm event. FEH 2013 rainfall data is expected • Calculations that demonstrates that the proposed drainage system will have sufficient capacity to cater for up to the 1 in 100 year event and allowing for the potential effects of climate change. FEH 2013 rainfall data is expected.

f)          Assessment of potential failure of above-ground attenuation features, including assessment of residual risks to downstream receptors, and proposed mitigation and management measures;

g)         Description and drawing demonstrating the management of surface water runoff during events that may temporarily exceed the capacity of the drainage system.

h)         Demonstration that appropriate access is available to maintain drainage features

i)          Operational and maintenance manual for all proposed surface water drainage features that are to be adopted and maintained by a third party management company

j)          A detailed foul water drainage strategy showing how foul water from the development will be disposed of and illustrating the location of key drainage features and connection to the receiving network.

k)         Confirmation of agreement in principle of proposed adoption and maintenance arrangements for the surface water and foul water drainage systems

l)          The surface water shall discharge through a sustainable drainage system subject to final detailed approval of technical design.

 

Reason: To ensure suitable drainage can be achieved on site and in order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), NPPF (2021) and Herefordshire Council Core Strategy (2015) policies SS6, LD2, SD3

 

17        Prior to the first occupation of each dwelling within any phase of residential development hereby permitted a scheme demonstrating measures for the efficient use of water as per the optional technical standards contained within Policy SD3 of the Herefordshire Local Plan Core Strategy shall be submitted to and approved in writing by the local planning authority and implemented as approved.

 

Reason: To ensure compliance with Policies SD3 and SD4 of the Hereford Local Plan – Core Strategy and the National Planning Policy Framework

 

18        The reserved matters submission submitted pursuant to Condition 1 shall be accompanied by an Acoustic Design Statement which demonstrates in full that Stage 2 Elements 1-4 of the above guidance have been met. Within the Acoustic Design Statement supply evidence that internal noise levels outlined within Element 2 of the ProPG Internal Noise Level Guidelines can be met. (Satisfactory noise levels to be achieved in as many noise sensitive rooms in as many houses as possible with the windows partially open). Within the Acoustic Design Statement supply evidence of an external amenity noise assessment in accordance with Element 3 of the ProPG Guidance. (Satisfactory external amenity levels to be achieved are 50dB on a green field site at as many dwellings as possible. Within the Acoustic Design Statement assess all other relevant issues in accordance with Element 4 of the ProPG Guidance. ProPG: Planning and Noise* Professional Practice Guidance on Planning & Noise New Residential Development Published by the Association of Noise Consultants, the Institute of Acoustics and the Chartered Institute of Environmental Health. The approve scheme shall be implemented before the first occupation or use of the dwellings and thereafter maintained.

 

Reason: In the interests of the residential amenity of future residents in accordance with policy SD1 of The Herefordshire Core Strategy and NPPF 2021

 

19        Prior to completion of the approved development, a landscape scheme shall be submitted to and approved in writing by the Local Planning Authority. 

 

The scheme shall include a scaled plan identifying:

 

Trees and hedgerow to be retained, setting out measures for their protection during construction, in accordance with BS5837: 2012.

 

Trees and hedgerow to be removed.

 

All proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details.

 

All proposed hardstanding and boundary treatment.

 

Reason:  To safeguard and enhance the character and amenity of the area in order to

Conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan Core Strategy and the

National Planning Policy Framework.

 

 

20        All planting, seeding or turf laying in the approved landscaping scheme for each respective phase shall be carried out in the first planting season following the occupation of the building or the completion of the development on that respective phase, 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.

 

 

21        No dwellings to be occupied on the development unless and until such time that Phase 1 of the surface water drainage scheme approved by condition 6 of this planning permission which shall include the attenuated outfall to Withy Brook, has been implemented in accordance with the approved surface water drainage strategy,

 

Reason to promote sustainable development, secure proper drainage and manage risk of flooding

 

22        Prior to the first occupation of any dwelling within any phase of 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, MT1 and SD1 of the Herefordshire Local Plan Core Strategy, to assist in redressing the Climate Emergency declared by Herefordshire Council and to accord with the provisions at paragraphs 108 and 110 of the National Planning Policy Framework

 

23        Development shall not begin in relation to any of the specified highways works until details (of the works) have been submitted to and approved by the Local Planning Authority in writing following the completion of the technical approval process by the local highway authority. The development on each respective phase shall not be occupied until the scheme has been constructed in accordance with the approved details for that respective phase.

 

Reason: To ensure the safe and free flow of traffic on the highway and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy Plan and the National Planning Policy Framework.

 

24        Prior to the first occupation, a Travel Plan which contains measures to promote alternative sustainable means of transport for residents and visitors with respect to the development hereby permitted shall be submitted to and be approved in writing by the Local Planning Authority. The Travel Plan shall be implemented, in accordance with the approved details, on the first occupation of the development . A detailed written record shall be kept of the measures undertaken to promote sustainable transport initiatives and a review of the Travel Plan shall be undertaken annually. All relevant documentation shall be made available for inspection by the local planning authority upon reasonable request.

 

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives and to conform with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

25        Proposals for the number, size and type of the tenure for both open market, affordable and the wheelchair accessible unit shall be submitted to the Local Planning Authority for approval either prior to or as part of any reserved matter application(s) relating to Layout. This scheme shall compromise a schedule outlining the number of 1, 2, 3 and 4 + bed dwellings open market and affordable with regard to the affordable housing the tenure mix shall be provided and the overall mix being in general accord with the Council’s Local Housing Market Assessment (or any successor document adopted by the LPA).

 

Reason: To define the terms of the permission and to comply with Policy H3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

26        In addition to any landscaping or green infrastructure that may otherwise be required; prior to any new development above damp proof course levels, a detailed ‘holistic’ biodiversity net gain scheme for the whole development site shall be supplied to the Local Planning Authority for written approval.

The supplied scheme shall include:

• A detailed and specific annotated location plan for proposed biodiversity net gain

enhancement features including as a minimum provision for hedgehog homes, bird nesting,

and pollinating insect ‘nesting’’ opportunities, ecological refugia and other natural features

and habitats.

 • A detailed legally binding scheme of how the natural features and biodiversity net gain will

be managed and maintained for the lifespan of the development.

• An external lighting and illumination plan clearly demonstrating that all proposed lighting

and illumination features will comply with latest and current guidance identified by the

Institute of Lighting Professionals-Bat Conservation Trust.

 

            The approved scheme shall be implemented and fully completed prior to occupation of the 50th dwelling and hereafter maintained unless otherwise agreed in writing by the 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), Wildlife and Countryside Act 1981 (as amended), Policy SS6 and LD2 of the Herefordshire Core Strategy, National Planning Policy Framework (2021) and NERC Act 2006

 

Post occupancy monitoring and management / Compliance Conditions

 

27        No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the construction phase and thereafter for 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars.

 

Reason: In order to maintain the visual amenities of the area and to conform with Policy LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

28        Any trees, plants, or hedgerows which within a period of five years from the date of first planting die, are removed, become seriously damaged or diseased, or become (in the opinion of the Local Planning Authority) otherwise defective, shall be replaced in the current planting season or the first two months of the next planting season, whichever is the sooner, unless the Local Planning Authority gives written consent to any variation.

 

Reason: In order to maintain the visual amenities of the area and to conform with Policy LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

29        Prior to completion of the approved development, a vegetation clearence scheme  shall be submitted and approved in writing by the Local Planning Authority .  The scheme shall include a scaled plan identifying hedgerow, vegetation and maintenance work on the existing footway along A49 to the north of the railway bridge to allow the footpath to regain its full width.

 

Reason: To provide a safe walking route, sustainable travel and ensure pedstraisn safety on the footway and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy Plan and the National Planning Policy Framework

           

30        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: The treatment of any potential contamination is a necessary initial requirement before any demolition and/or groundworks are undertaken so as to ensure that the site is satisfactorily assessed and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

           

31        All foul water shall discharge through a connection to the local Mains Sewer network managed through the Welsh Water – Eign (Hereford) waste water treatment works; and no surface water shall be discharged in to any mains sewer or ‘combined mains sewer; unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In order to comply with Habitat Regulations (2017), National Planning Policy Framework (2021), NERC Act (2006) and Herefordshire Council Core Strategy (2015) policies SS6, LD2 and SD4. Habitat Regulations 

 

32        The ecological protection, mitigation, compensation and working methods, as recommended in the ecology report by Aspect Ecology dated July 2020 shall be implemented 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 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 (2021) and NERC Act 2006

 

 

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. Negotiations in respect of matters of concern with the application 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 in the National Planning Policy Framework.

 

2.         It is an offence under Section 148 of the Highways Act 1980 to allow mud or other debris to be transmitted onto the public highway.  The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.

 

 

3.         This permission does not authorise the laying of private apparatus within the confines of the public highway.  The applicant should apply to Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford HR2 6JT, (Tel: 01432 261800), for consent under the New Roads and Streetworks Act 1991 to install private apparatus within the confines of the public highway.  Precise details of all works within the public highway must be agreed on site with the Highway Authority.  A minimum of 4 weeks notification will be required (or 3 months if a road closure is involved).

 

 

Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to cordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public).Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.

 

4.         This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford, HR2 6JT (Tel: 01432 261800), shall be given at least 28 days' notice of the applicant's intention to commence any works affecting the public highway so that the applicant can be provided with an approved specification, and supervision arranged for the works.Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to co-ordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public). Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.

 

5.         No work on the site should commence until engineering details of the improvements to the public highway have been approved by the Highway Authority and an agreement under Section 278 of the Highways Act 1980 entered into.  Please contact the Senior Engineer, PO Box 236, Plough Lane, Hereford HR4 0WZ to progress the agreement

 

6.         Any work involving the removal or disturbance of ground or structures supporting or abutting the publicly maintained highway should be carried out in accordance with details to be submitted to and approved in writing by the Highway Authority or their agent.  Please contact Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford, HR2 6JT (Tel: 01432 261800).

 

7.         In connection with Condition 24  the applicant is advised that advice on its formulation and content can be obtained from the Sustainable Travel Officer, Herefordshire Council Transportation Unit, PO Box 236, Plough Lane, Hereford HR4 0WZ

 

8.         In connection with Condition 24 the applicant is advised that the annual Travel Plan Review must include a survey of staff/resident travel patterns and attitudes to travel. (For businesses employing less than 50 people and for residential developments of less than 50 units, a travel survey will only be required every two years). For residential developments, the review should also include traffic counts and an assessment of trips by mode. Applicants are encouraged to conduct their own monitoring and review process. However, they may choose to engage outside consultants to manage the process on their behalf. Council officers can also provide monitoring services for Travel Plan reviews and for this a request should be made to the Sustainable Transport Officer, Herefordshire Council Transportation Unit, PO Box 236, Plough Lane, Hereford, HR4 0WZ

 

9.         The applicant's attention is drawn to the requirement for design to conform to Herefordshire Council's 'Highways Design Guide for New Developments' and  'Highways Specification for New Developments'

 

10        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, Otters, Dormice, Crayfish and reptile species 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 advice from a local professional ecology consultant is obtained

 

11        Network Rail offers no right of support to the development. Where foundation works penetrate Network Rail’s support zone or ground displacement techniques are used the works will require specific approval and careful monitoring by Network Rail. There should be no additional loading placed on the cutting and no deep continuous excavations parallel to the boundary without prior approval.

 

 12       All surface water drainage should be directed away from Network Rail’s land to the public mains system. Soakaways are not acceptable where the following apply: a) Where excavations which could undermine Network Rail’s structural support zone or adversely affect the bearing capacity of the ground b) Where there is any risk of accidents or other acts leading to potential pollution of Network Rail’s property/infrastructure c) Where the works could adversely affect the water table in the vicinity of Network Rail’s structures or earthworks.

 

13        The works involve disturbing the ground on or adjacent to Network Rail’s land it is likely/possible that the Network Rail and the utility companies have buried services in the area in which there is a need to excavate. Network Rail’s ground disturbance regulations applies. The developer should seek specific advice from Network Rail on any significant raising or lowering of the levels of the site.

 

14        Where Network Rail has defined access points, these must be maintained to Network Rail’s satisfaction. The Developer should contact the Network Rail’s Asset Protection Wales Team well in advance of mobilising on site or commencing any works. The initial point of contact is assetprotectionwales@networkrail.co.uk. The department will provide all necessary Engineering support subject to a Basic Asset Protection Agreement.

 

15        If not already in place, the Developer/applicant must provide at their expense a suitable trespass proof fence (of at least 1.8m in height) adjacent to Network Rail’s boundary and make provision for its future maintenance and renewal without encroachment upon Network Rail land. Network Rail’s existing fencing / wall must not be removed or damaged and at no point either during construction or after works are completed on site should the foundations of the fencing or wall or any embankment therein be damaged, undermined or compromised in any way. Any vegetation on Network Rail land and within Network Rail’s boundary must also not be disturbed.

 

16        The developer/applicant must ensure that their proposal, both during construction and after completion of works on site, does not affect the safety, operation or integrity of the operational railway, Network Rail and its infrastructure or undermine or damage or adversely affect any railway land or structures. There must be no physical encroachment of the proposal onto Network Rail land, no over-sailing into Network Rail air-space and no encroachment of foundations onto Network Rail land and soil. Any future maintenance must be conducted solely within the applicant’s land ownership. Should the applicant require access to Network Rail land then they must seek approval from Network Rail Asset Protection Team. Any unauthorised access to Network Rail land or air-space is an act of trespass and we would remind the council that this is a criminal offence (s55 British Transport Commission Act 1949). Should the applicant be granted access to Network Rail land then they will be liable for all costs incurred in facilitating the proposal.

 

17        The developers should be made aware that Network Rail needs to be consulted on any alterations to ground levels. No excavations should be carried out near railway embankments, retaining walls or bridges. Network Rail Infrastructure Limited Registered Office: Network Rail, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk

 

18        It is recommended that all buildings be situated at least 2 metres from the boundary fence, to allow construction and any future maintenance work to be carried out without involving entry onto Network Rail's infrastructure. Where trees exist on Network Rail land the design of foundations close to the boundary must take into account the effects of root penetration in accordance with the Building Research Establishment’s guidelines.

 

 19       Where vibro-compaction/displacement piling plant is to be used in development, details of the use of such machinery and a method statement should be submitted for the approval of Network Rail’s Asset Protection Engineer prior to the commencement of works and the works shall only be carried out in accordance with the approved method statement.

 

20        All excavations / earthworks carried out in the vicinity of Network Rail’s property / structures must be designed and executed such that no interference with the integrity of that property / structure can occur. If temporary compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Prior to commencement of works, full details of excavations and earthworks to be carried out near the railway undertaker’s boundary fence should be submitted for approval of the Local Planning Authority acting in consultation with the railway undertaker and the works shall only be carried out in accordance with the approved details. Where development may affect the railway, consultation with the Asset Protection Engineer should be undertaken.

 

21        The potential for any noise/ vibration impacts caused by the proximity between the proposed development and any existing railway must be assessed in the context of Technical Advice Notes which hold relevant national guidance information. The current level of usage may be subject to change at any time without notification including increased frequency of trains, night time train running and heavy freight trains.

 

22        It is recommended no trees are planted closer than 1.5 times their mature height to the boundary fence. The developer should adhere to Network Rail’s advice guide on acceptable tree/plant species. Any tree felling works where there is a risk of the trees or branches falling across the boundary fence will require railway supervision.

 

23        Any scaffold which is to be constructed adjacent to the railway must be erected in such a manner that, at no time will any poles or cranes over-sail or fall onto the railway. All plant and scaffolding must be positioned, that in the event of failure, it will not fall on to Network Rail land.

 

24        Any lighting associated with the development (including vehicle lights) must not interfere with the sighting of signalling apparatus and/or train drivers’ vision on approaching trains. The location and colour of lights must not give rise to the potential for confusion with the signalling arrangements on the railway. Following occupation of the development, if within three months Network Rail or a Train Operating Company has identified that lighting from the development is interfering with driver’s vision, signal sighting, alteration/mitigation will be required to remove the conflict at the applicant’s expense.

 

25        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 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. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times

 

(Councillor Paul Rone resumed his seat on the committee.)