For:      Elgar Housing Association Ltd, Hulme Upright Manning, Highpoint Festival Park, Stoke On Trent, Staffs, ST1 5SH

 

Ward: Aylestone

The Principal Planning Officer said that the Landscape Officer was satisfied with the scheme and that the Parks Development Officer had asked for those trees that were removed for the new access to be replaced with similar elsewhere on the site.  He added that negotiations were continuing with the Environment Agency to satisfy their requirements about potential flooding, through lowering the proposed area of open space in the grounds of the development.  He said that a letter of objection had been received from the Unity Gardens Trust and he outlined its contents.

 

In accordance with the criteria for public speaking, Mrs Booton spoke against the application and Mrs Cope of Elgar Housing Association spoke in its favour.

 

The Committee had some concerns about the roof levels of the proposed development and potential overlooking of adjoining properties in Chartwell Road and Bladon Crescent.  The Principal Planning Officer explained the negotiations that had taken place to arrive at lower roof levels where the proposed development would adjoin existing residential development so that the impact of the new development was minimised.

 

RESOLVED THAT

 

Subject to there being no objection from Environment Agency, Conservation Manager and English Nature (if appropriate); and should a Grampian condition in respect of highway improvements be deemed unacceptable:

 

(i)                 The County Secretary and Solicitor be authorised to complete a planning obligation under Section 106 of The Town and Country Planning Act 1990 (as amended) to secure a financial contribution of £34,000 in lieu of highway improvements including provision of a pelican crossing, bus shelter and bus boarders and any additional matters and terms as she considers appropriate.

 

(ii)        Upon completion of the aforementioned planning obligation that the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions:

 

1.         The development hereby permitted shall be begun before the expiration of five 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 shall be carried out in all respects strictly in accordance with the approved plans (drawing nos. AL(0)02 Rev 6, 04 Rev H, 05 Rev H, 06 Rev G, 07 Rev G, 08 Rev F, 09 Rev F, 10 Rev F, 11 Rev F and 14 Rev D), except where otherwise stipulated by conditions attached to this permission.

 

            Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

 

3.         No development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

            Reason: To ensure that the materials harmonise with the surroundings.

 

4.         The chimney flue[s] shall have a dark matt finish of a colour which shall first be approved in writing by the local planning authority.

 

            Reason: To protect the general character and amenities of the area

 

5.         The developer shall afford access at all reasonable times to any archaeologist nominated by the local planning authority, and shall allow him/her to observe the excavations and record items of interest and finds.  A minimum of 5 days' written notice of the commencement date of any works forming part of the development shall be given in writing to the County Archaeology Service.

 

            Reason: To allow the potential archaeological interest of the site to be investigated and recorded.

 

6.         The development shall not begin until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority.  The affordable housing shall be provided in perpetuity and in full accordance with the approved scheme.  The scheme shall include:

 

            (i) The numbers, type and location of the site of the affordable housing provision to be made;

            (ii) The timing (the construction of the affordable housing);

            (iii) The arrangements to ensure that provision is affordable for both initial and subsequent occupiers of the affordable housing; and

            (iv) The occupancy criteria to be used for determining the identity of prospective and successive occupiers of the affordable housing, and the means by which such occupancy shall be enforced.

 

            Reason: To ensure that an appropriate type and level of affordable housing is provided and maintained within the scheme and in recognition of the specific nature of this approved scheme.

 

7.         The occupation of the residential units hereby approved shall be restricted to a person or persons aged 55 or above unless otherwise agreed in writing by the local planning authority.

 

            Reason: In recognition of the specific nature of this approved scheme, the reduced level of parking provided and in the interests of the character and amenities of the area.

 

8.         Prior to the use or occupation of the residential development hereby permitted, and at all times thereafter, the windows marked "X" on the approved plans shall be glazed with obscure glass only [and shall be non-opening].

 

            Reason: In order to protect the residential amenity of adjacent properties.

 

9.         During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00 am-6.00pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays.

 

            Reason: To protect the amenity of local residents.

 

10.       Prior to the commencement of the development details of the proposed foul and surface water drainage arrangements shall be submitted to and approved in writing by the local planning authority.  The approved scheme shall be implemented before the first use of the building[s] hereby permitted.

 

            Reason: In order to ensure that satisfactory drainage arrangements are provided.

 

11.       Details of any [floodlighting] [external lighting proposed to illuminate the development] shall be submitted to and approved in writing by the local planning authority before [the use hereby permitted commences] [and] [the building(s) is/are occupied].  Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development.

 

            Reason: To safeguard local amenities.

 

12.       No external flues or extractor equipment shall be installed at the premises without the prior written approval of the local planning authority.

 

            Reason: In the interests of the amenity of the area.

 

13.       Prior to the commencement of development a scheme for the provision of storage, prior to disposal, of refuse, crates, packing cases and all other waste materials shall be submitted for the approval of the local planning authority.  The approved scheme shall be implemented prior to the first occupation of the development hereby permitted.

 

            Reason: In the interests of amenity.

 

14.       No development approved by this permission shall be commenced until:

 

            (i) The application site has been subject to a detailed scheme for the investigation and recording of contamination and remediation objectives have been determined through risk assessment and agreed in writing with the local planning authority;

            (ii) Detailed proposals for the removal, containment or otherwise rendering harmless any contamination (the Reclamation Method Statement) have been submitted to and approved in writing by the local planning authority;

            (iii) The works specified in the Reclamation Method Statement have been completed in accordance with the approved scheme.

 

            If during reclamation works any contamination is identified that has not been considered in the Reclamation Method Statement, then remediation proposals for this material shall be agreed in writing with the local planning authority.

 

            Reason: To ensure that potential contamination is removed or contained to the satisfaction of the local planning authority.

 

15.       Prior to the commencement of development, a detailed plan, showing the levels of the existing site, the proposed slab levels of the dwellings approved and a datum point outside of the site, shall be submitted to and approved by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

            Reason: In order to define the permission and ensure that the development is of a scale and height appropriate to the site.

 

16.       No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected.  The boundary treatment shall be completed before [the use hereby permitted is commenced] [before the building(s) is/are occupied] [in accordance with a timetable to be agreed in writing with the local planning authority].  Development shall be carried out in accordance with the approved details.

 

            Reason: In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

 

17.       No development shall take place until there has been submitted to and approved by the local planning authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development and any necessary tree surgery.  All proposed planting shall be clearly described with species, sizes and planting numbers.

 

            Reason: In order to protect the visual amenities of the area.

 

18.       All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year defects period.

 

            Reason:  In order to protect the visual amenities of the area.

 

19.       The landscaping scheme required by condition No. 17 above shall include the following:

 

            (a) Full details of all existing physical and landscape features on the site including the position, species, height, girth, spread and condition of all trees, clearly distinguishing between those features to be retained and those to be removed.

            (b) Full details of all proposed fencing, screen walls, hedges, floorscape, earth moulding, tree and shrub planting.

            (c) Full details of all protective measures to prevent damage during the course of development to trees and other features to be retained.

 

            Reason: In order that the local planning authority may be satisfied that the deposited scheme will meet their requirements.

 

20.       The development authorised by this permission shall not begin until the local planning authority has approved in writing a full scheme of works for improvements to the public open space to the south of the application site.  The occupation of the development shall not begin until these works have been completed in accordance with the local planning authority's approval and have been certified in writing as complete by or on behalf of the local planning authority.

 

            Reason:  To secure appropriate mitigation and enhancement of the public open space in the interests of the character and amenities of the locality.

 

21.       No development shall be commenced on the site or machinery or materials brought onto the site for the purpose of development until adequate measures have been taken to prevent damage to those trees which are to be retained.  Measures to protect those trees shown must include:

 

            (a)  Fencing, of a type and form agreed in writing with the local planning authority, must be erected around each tree or group of trees.  This fencing must be at least 1.25 metres high and at a radius from the trunk defined by the canopy spread.

 

            (b)  No excavations, site works, trenches, channels, pipes, services, temporary buildings used in connection with the development or areas for the deposit of soil or waste or for the storage of construction materials, equipment or fuel or other deleterious liquids shall be sited within the crown spread of any tree without the prior written consent of the local planning authority.

 

            (c)  No burning of any materials shall take place within 6 metres of the furthest extent of the canopy of any tree or tree groups to be retained.

 

            (d)  There shall be no alteration of soil levels under the crown spread of any tree or group of trees to be retained.

 

            Reason: To ensure adequate protection to existing trees which are to be retained, in the interests of the character and amenities of the area.

 

22.       The development hereby permitted shall not be brought into use until the access, turning area and parking facilities shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the local planning authority and these areas shall thereafter be retained and kept available for those uses at all times.

 

            Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

23.             Development shall not begin until wheel cleaning apparatus has been provided in accordance with details to be 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.

 

            Reason: To ensure that the wheels of vehicles are cleaned before leaving the site in the interests of highway safety.

 

24.             Development shall not begin until parking for site operatives and visitors has been provided within the application site in accordance with details to be submitted to and approved by the local planning authority and such provision shall be retained and kept available during construction of the development.

 

            Reason: To prevent indiscriminate parking in the interests of highway safety.

 

25.       Before the development is commenced a scheme for the provision of secure cycle parking on site shall be submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

 

            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.

 

26.       Prior to the first occupation of the development authorised by this permission a Travel Plan promoting alternative sustainable forms of transport shall be submitted to and approved in writing.  The measures identified in the Travel Plan shall be implemented in accordance with the approved details and access shall be provided to the associated records upon reasonable request in order to monitor and revise the requirements of the Plan.

 

            Reason: To ensure a range of sustainable alternative modes of transportation are provided/promoted as part of the ongoing occupation of the development.

 

 

INFORMATIVES:

 

1.         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.

 

2.         A public right of way crosses the site of this permission.  The permission does not authorise the stopping up or diversion of the right of way.  The right of way may be stopped up or diverted by Order under Section 257 of the Town and Country Planning Act 1990 provided that the Order is made before the development is carried out.  If the right of way is obstructed before the Order is made, the Order cannot proceed until the obstruction is removed.

 

3.         This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Mr. C. Hall, Area Manager (Central), County Offices, Bath Street, Hereford, HR1 2HQ Tel: 01432-260786, 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 for the works together with a list of approved contractors.

 

4.         This permission does not imply any rights of entry to any adjoining property nor does it imply that the development may extend into or project over or under any adjoining boundary.

 

5.         This planning permission is pursuant to a planning obligation under Section 106 of the Town and Country Planning Act 1990.

 

6.         All protected birds, their nests and eggs are protected by law and it is thus an offence to:

              intentionally kill, injure or take any wild bird

              intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built

              intentionally take or destroy the egg of any wild bird

              intentionally (or recklessly in England and Wales) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.  The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both.

 

            The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August or late September in the case of swifts, swallows or house martins). If a nest is discovered while work is being undertaken, all work must stop and advice sought from English Nature and the Council's Ecologist.

 

7.         It is an offence for any person to:

              Intentionally kill, injure or take protected bats.

              Intentionally or recklessly damage, destroy or obstruct access to any place that a bat uses for shelter or protection. This is taken to mean all bat roosts whether bats are present or not.

            Under the Habitats Regulations it is an offence to damage or destroy a breeding site or resting place of any bat. This is an absolute offence - in other words, intent or recklessness does not have to be proved.

            The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) and Conservation Regulations 1994  that works to trees or  building where that work involves the disturbance of a bat is an offence if a licence has not been obtained by DEFRA. If a bat is discovered while work is being undertaken, all work must stop and advice sought from English Nature and the Council's Ecologist. You can also call the UK Bat helpline on 0845 133 228.

 

8.         The decision to grant planning permission has been taken having regard to the policies and proposals in the Hereford Local Plan set out below, and to all relevant material considerations including Supplementary Planning Guidance:

 

            Hereford Local Plan:

            ENV1 - Land liable to flood

            ENV2 - Flood storage areas

            ENV3 - Access for watercolours

            ENV8 - Contaminated land

            ENV14 - Design

            ENV15 - Access for all

            ENV16 - Landscaping

            ENV18 - External lighting

            H3 - Design for non-residential development

H5 - Public open space provision in larger schemes

H7 - Communal open space

H8 - Affordable housing

H9 - Mobility housing

H10 - Housing for the elderly

H12 - Established residential areas - character and amenity

H13 - Established residential areas - loss of features

H14 - Established residential area - site factors

CON21 - Protection of trees

NC3 - Site of local importance

NC6 - Criteria of development proposals

T1A - Commercial Road/Ledbury Road Link

T5 - Car parking - designated areas

T6 - Car parking - restrictions

T11 - Pedestrian provision

R1 - Public open space

R13 - Public rights of way

IMP3 - Planning obligations

 

This informative is only intended as a summary of the reasons for grant of planning permission.  For further detail on the decision please see the application report by contacting Reception at Blueschool House, Blueschool Street, Hereford (Tel: 01432-260342).