Proposed residential development of 25 dwellings along with new access and associated works.

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

 

The Planning Officer gave a presentation on the application.

In accordance with the criteria for public speaking, Mr Mears spoke on behalf of Kimbolton Parish Council and Mr Robinson spoke in objection to the application.

In accordance with the council's constitution the local award member spoke on the application, he referred to outline planning permission from December 2015 that was given for the development of up to 21 dwellings in the field adjoining A4112 and Chestnut Avenue. The application was then revised made in full as opposed to outline for 25 dwellings. Kimbolton Parish Council supported the 2018 application and was endorsed as part of the Kimbolton NDP which was supported in their local referendum. Since 2018, there has been an issue of phosphate with the application site within the hydrological catchment of the River Lugg and progress was stalled for four years. The council’s approach is to offer phosphate credits as they become available and they are now available for the application proposal and on the basis of mitigation provided, positive appropriate assessment has now been completed. Natural England agrees that with the appropriate nutrient neutrality in place, there are no adverse effects on the River Wye Special Area of Conservation (SAC). The most significant change from the 2018 report has been the applicants’ agreement to increase the number of affordable housing from 4 to 6 although the total number remains the same. Whilst the affordable housing element of 24% is not as high as originally proposed in 2015, this is a significant improvement. Kimbolton PC requested that affordable housing is offered strictly to local persons with family or similar historical connections, and it is pleasing that the affordable housing units are to be offered to those with a local connection. It was noted that the parish council have asked to be directly consulted on the allocation of Section 106 monies, set aside specifically for the community of Kimbolton, and hopes that this will be agreed. It was added that drainage and flooding are the main issue of concern raised during consultation. Highway safety was also raised as a concern for the village and the provision of traffic calming is a priority for the parish council. It was requested that the parish council are involved in discussing all traffic related proposals with the relevant officer. The local ward member requested that extra sporting facilities and equipment be provided as part of the S106 agreement.

The committee debated the application. During consideration of the application the committee raised the following principal points:

-          The building of both affordable housing and bungalows was welcomed by members.

-          Pleased with improvement in planning contribution by developer, particularly in relation to affordable housing.

-          The principle of development was supported in this location with existing bus route and road links cited as supporting factors.

-          The use of materials are to be in keeping with the surrounding area in terms of design and appearance.

-          Flooding and drainage could be exacerbated by heavy rainfall, however, it was felt that these concerns were answered in the report.

-          Concerns regarding connectivity to existing ecological highways and networks were raised. In particular, preference for connectivity to the tree boundary along the sunken lane to the north-east of the site to be joined up with the hedgerows was noted. Two field accesses were raised as unnecessary with the impact of heavy goods vehicles accessing the site.

-          The offer of solar panels to purchasers of the dwellings.

The local ward member was given the opportunity to close the debate. He explained that keeping the hedgerow is important and that no trees should be lost as a result of the application. It was noted that this is the most important development to Kimbolton and represents a huge improvement compared with the earlier scheme. Kimbolton stands to benefit from this development in many ways and he expressed his agreement with the officer’s recommendation for approval subject to a completion of an S106 agreement and the conditions being met.

A motion that the application be approved in accordance with the case officer’s recommendation was proposed by Councillor Richard Thomas and seconded by Councillor Elizabeth Foxton. The motion was put to the vote and was carried unanimously.

 

Resolved:

That subject to either the completion of a Section 106 Town & Country Planning Act 1990obligation agreement in accordance with the Heads of Terms stated in the report officers namedin the Scheme of Delegation to Officers are authorised to grant planning permission, subject tothe conditions below and any other further conditions or amendments to conditions considerednecessary:

 

GeneralConditions

 

1.                     The development hereby permitted shall be begun before the expiration of threeyears from thedate ofthis permission.

 

Reason: Required tobe imposedby Section91 ofthe Townand CountryPlanning Act 1990.

 

2.                     The development shall be carried out strictly in accordance with the approved plans(Drawing Nos Inserted) except where otherwise stipulated by conditions attached tothis permission.

 

Reason. To ensureadherence tothe approvedplans inthe interestsof asatisfactory formof developmentand tocomply withPolicy SD1of theHerefordshire LocalPlan –Core Strategy and the NationalPlanning PolicyFramework.

 

Detailsrequired priorto commencement

 

3.                     Prior to commencement of development, a detailed plan, showing the levels of theexisting site, the proposed slab levels of the dwellings approved and a datum pointoutside of the site, shall be submitted to and be approved in writing by the localplanning authority.Development shallbe carriedout inaccordance withthe approveddetails.

 

Reason: In the absence of sufficient detailed information, the clarification of slablevels is a necessary initial requirement before any demolition and/or groundworksare undertakenso asto definethe permissionand ensurethat thedevelopment isof a scale and height appropriate to comply with Policy SD1 of the Herefordshire Local  Plan– Core Strategyand the NationalPlanning Policy Framework.

 

4.                     Prior to commencement of development, a detailed, comprehensive, ConstructionEnvironmental Management Plan – including but not limited to detailed ecologicalworking methods, retained tree and hedgerow protection scheme and considerationof all environmental effects of construction processes shall be supplied to the LPAfor writtenapproval.

 

The approved CEMP shall be implemented in full for the duration of all constructionworksatthesite unlessotherwise approvedin writingby thelocal planningauthority.

 

Reason: To ensure that all species are protected and habitats enhanced havingregard tothe Conservationof Habitatsand Species(Amendment) (EUExit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,),NationalPlanningPolicy Framework(2021), NERCAct (2006)and HerefordshireLocal Plan- CoreStrategy policiesSS1, SS6,LD1, LD2and LD3and thecouncil’s declaredClimate Change& Ecological Emergency.

 

5.                     Priorto commencementof development,a detailedLandscape EcologicalManagement Plan (LEMP)should besupplied for writtenapproval by thelocal planningauthority. TheLEMP mustinclude fullspecifications forproposed Hedgerow planting (minimum of 7 woody plants per meter in a double staggeredrow); standardhedgerow trees(planted atrandom spacingsbased on1 treeper 10mof hedgerow);specification forwildflower richgrass seed;and anestablishment andmaintenance plan.

The approved scheme shall be implemented in full and hereafter maintained asapproved unless otherwiseagreed inwriting bythe local planningauthority.

All species proposed should be locally characteristic, native species consideringclimate changeand pest-pathogenresilience. Nospikey orthorny speciesshould beplanted adjacentto any highway,footway orareas of formalpublic open space.

Reason: To ensure that biodiversity net gain is secured and habitats enhancedhaving regard to The Conservation of Habitats and Species Regulations 2017, asamended bythe Conservationof Habitatsand Species(Amendment) (EUExit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,National Planning PolicyFramework, NERCAct (2006)and HerefordshireLocal Plan

-CoreStrategy(2015)policiesSS1, SS6LD1, LD2and LD3;and thecouncil’s declaredClimate Changeand EcologicalEmergency. Compliancewith HighwaysDesign Guideand to considerresident safety.

 

 

6.                     Prior to commencement of development, a Construction Management Plan (CMP)shall be submitted to and approved in writing by the Local Planning Authority.The planshall includethe followingdetails:

 

a.    ConstructionAccess details(including visibilitysplays andany boundarytreatments)

b.    Wheelcleaning apparatuswhich shallbe operatedand maintainedduring constructionof the developmenthereby approved.

c.    Parkingfor siteoperatives andvisitors whichshall beretained andkept availableduring constructionof the development.

d.  Aplan to show thelocation ofsite offices and restareas forstaff

e.    Anoise managementplan includinga schemefor themonitoring ofconstruction noise.

f.  Detailsof workinghours and hoursfor deliveries

g.  Ascheme forthe controlof dustarising frombuilding and siteworks

h.  Ascheme forthe management of allwaste arisingfrom the site

i.  Atravel plan foremployees

Reason: In order to protect the residential amenity of adjacent properties, to ensurethat anappropriate mixof housingis maintained acrossthe site, andto complywith PolicySD1 ofthe HerefordshireLocal Plan– CoreStrategy andthe NationalPlanning   PolicyFramework.

 

Noworks withthe exceptionof site clearance andgroundworks

 

7.                     With the exception of any site clearance and groundwork, no further developmentshall take place until details or samples of materials to be used externally on wallsand roofs have been submitted to and approved in writing by the local planningauthority. Developmentshall becarried outin accordancewith theapproved details.

Reason: To ensure that the materials harmonise with the surroundings so as toensure that the development complies with the requirements of Policy SD1 of theHerefordshire LocalPlan –Core Strategyand theNational PlanningPolicy Framework.

 

 

 

 

8.                     With the exception of site clearance and groundworks, no further development shallcommence untila landscapescheme hasbeen submittedand approvedin writingby thelocal planningauthority. Thescheme shallinclude ascaled planidentifying:

 

a)              Treesand hedgerowto beretained, settingout measuresfor theirprotection duringconstruction, inaccordance withBS5837:2012.

 

b)             Treesand hedgerowto beremoved.

 

c)              Allproposed planting,accompanied bya writtenspecification settingout; species,size, quantity,density withcultivation details.

 

d)             Allproposed hardstanding andboundary treatment.

The landscaping schemeshall becarried outin accordancewith theapproved detailsprior tooccupation of the dwellings herebyapproved.

Reason: To safeguardand enhancethe characterand amenityof thearea inorder toconform with policiesSS6, LD1and LD3 of theHerefordshire LocalPlan CoreStrategy and the NationalPlanning PolicyFramework.

 

9.                     With the exception of site clearance and groundworks, no further development shalltake place until the applicant has undertaken and cleansing work and CCTV surveyon theexisting highwaydrain toconfirm itsfunctionality. Thedetails ofthat assessment shall be submitted to and approved in writing by the local planningauthority and any remedial works undertaken prior to occupation of the dwellingshereby approved.

Reason: To prevent the increased risk of flooding by ensuring the provision of asatisfactory means of surface water disposal and to comply with Policy SD3 of theHerefordshire LocalPlan –Core Strategyand theNational PlanningPolicy Framework.

 

 

10.                  Developmentshall notbegin inrelation tothe provisionof roadand drainageinfrastructure (on and off site works) until the following details are submitted to andapproved inwriting tothe local planningauthority:

-             VisibilitySplays

-             AccessGradient

-             Surfacefinishes

-             Drainagedetails

-             Futuremaintenance arrangements(including anytechnical approvals/ adoption)

The development shall be carried out and thereafter maintained in accordance withthe approved details before the occupation of any of the dwellings hereby approved(unless aphasing planis submittedto andapproved inwriting bythe LocalPlanning Authority)

Reason: To ensure an adequate and acceptable means of access is available beforethe dwelling or building is occupied and to conform to the requirements of PolicyMT1 of Herefordshire Local Plan – Core Strategy and the National Planning PolicyFramework.

 

Detailsrequired priorto occupation

 

11.                  Prior to the occupation any dwelling hereby permitted, a Package Treatment PlantManagement Planfor themanagement inperpetuity ofthe approvedpackage treatment plant including all elements of monitoring, maintenance and dosing shallbe submittedto and approvedin writing bythe LocalPlanning Authority.The Management Plan shall be written by a British Water Accredited Service Technician,or othersuitably qualifiedprofessional, andall elementsof management/maintenanceshall onlybe carriedout bya professionalindividual/company. Sludgeshall beremoved bya registeredwaste carrier.Management ofthe systemshall thenbe inaccordance withthe approveddetails forthe lifetimeof thedevelopment.

Reason: To ensure that nutrient neutrality is secured and habitats enhanced havingregard to The Conservation of Habitats and Species Regulations 2017, as amendedby the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations2019’ (the‘Habitats Regulations’),Wildlife andCountryside Act1981, NationalPlanning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - CoreStrategy (2015) policies SS1, SS6 LD1, LD2 and LD3; and the council’s declaredClimate Changeand EcologicalEmergency. Compliancewith HighwaysDesign Guideand to considerresident safety.

 

12.                  Prior to occupation of any dwelling hereby permitted, a schedule of implementationand landscapemaintenance forany areasof outsideof theresidential curtilageshall besubmitted toand approvedin writingby thelocal planningauthority. Maintenanceshall be carried outin accordancewith thisapproved schedule.

Reason: To ensure the future establishment of the approved scheme, in order toconform withpolicies SS6,LD1 and LD3 ofthe HerefordshireLocal PlanCore Strategyand the National PlanningPolicy Framework.

 

13.                  Priorto thefirst occupationof anydwelling herebypermitted, anarea forcar parkingshall belaid outwithin thecurtilage ofthat property,in accordancewith theapproved planswhich shallbe properlyconsolidated, surfacedand drained,in accordancewith detailsto besubmitted toand approvedin writingby thelocal planningauthority andthose areas shall not thereafter be used for any other purpose than the parking ofvehicles.

Reason: Inthe interestsof highwaysafety andto ensurethe freeflow oftraffic usingthe adjoininghighway andto conformto therequirements ofPolicy MT1of HerefordshireLocal Plan– CoreStrategy andthe NationalPlanning PolicyFramework.

 

14.                  Prior to the occupation of any dwelling hereby permitted, full details of a scheme forthe provision of covered and secure cycle parking facilities within the curtilage ofeach dwelling shall be submitted to the Local Planning Authority for their writtenapproval. Thecovered andsecure cycleparking facilitiesshall becarried outin strictaccordance with the approved details and available for use prior to the first use ofthe development herebypermitted. Thereafterthese facilitiesshall bemaintained;

Reason: Toensure thatthere isadequate provisionfor securecycle accommodationwithin theapplication site,encouraging alternativemodes oftransport inaccordance withboth localand nationalplanning policyand toconform withthe requirementsof Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the NationalPlanning PolicyFramework.

15.                  Priorto thefirst occupationof anydwelling herebypermitted, ascheme demonstrating measures for the efficient use of water demonstrating a maximumwater usage of 110l per person per day water usage shall be submitted to andapproved in writing by the local planning authority and implemented as approved.The developmentshall beretained inaccordance withthe approveddetails thereafter.

Reason: Toensure compliancewith PoliciesSD3 andSD4 ofthe HerefordLocal Plan – Core Strategy and the National Planning Policy Framework and having regard toThe Conservation of Habitats and Species Regulations 2017, as amended by theConservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the‘Habitats Regulations’), Wildlife and Countryside Act 1981, National Planning PolicyFramework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy (2015)policies SS1,SS6 LD1,LD2 andLD3; andthe council’sdeclared ClimateChange andEcological Emergency.

16.                  Priorto thefirst occupationof anydwelling herebypermitted, ascheme toenable thecharging of plug in and other ultra low emission vehicles (e.g. provision of outsideelectric sockets ) to serve the occupants of the dwellings hereby approved shall besubmitted toand approved in writingby the localplanning authority.

 

Reason: To address the requirements policies in relation to climate change SS7 andSD1 ofthe HerefordshireLocal PlanCore Strategyand theguidance containedwithin the NationalPlanning PolicyFramework.

 

Compliance

17.                  Thefoul andsurface waterdrainage arrangementsshall beimplemented inaccordance withthe following documents:

 

·       AmendedProposed SitePlan (RevA); and

·       TechnicalNote MitigationStrategy Review;

·       Drainage& ExternalWorks Layout (2/2)(Rev O);

·       Section38 HighwaysDrainage Plan(2/2) (RevN);

·       S104Flow ControlChamber & TankDetails (RevG).

·       881-042BOff SiteDrainage LayoutRev B(Dated 30 Aug2023).

 

The development shall be carried out and thereafter maintained in accordance withthe approved details before the occupation of any of the dwellings hereby approved(unless aphasing planis submittedto andapproved inwriting bythe LocalPlanning Authority)

Reason: To prevent the increased risk of flooding by ensuring the provision of asatisfactory means of surface water disposal and to comply with Policy SD3 of theHerefordshire LocalPlan –Core Strategyand theNational PlanningPolicy Framework.

 

18.                  Notwithstandingthe provisions ofthe Townand CountryPlanning (GeneralPermitted Development) (England) Order 2015 (or any Order revoking and re-enacting thatOrder withor withoutmodification), nowindows; includingrooflights,shall beconstructed in any of the elevations of the bungalows shown on Plots 1 to 3 of theapproved plan- Proposed SitePlan (DrawingRef: 5776/25/P/10).

 

Reason: In order to protect the residential amenity of adjacent properties, to ensurethat an appropriate mix of housing is maintained across the site, and to comply withPolicy SD1of theHerefordshire LocalPlan –Core Strategyand theNational PlanningPolicy Framework.

 

19.                  No retained tree or hedgerow shall be cut down, uprooted, destroyed, pruned, cut ordamaged in any manner during the construction phase and thereafter for 10 yearsfrom the date of occupation of the building for its permitted use, other than inaccordance withthe approved plans and particulars.

 

Reason: To safeguard the character and amenity of the area and to ensure that thedevelopment conforms with Policies LD1 and LD3 of the Herefordshire Local Plan –Core Strategyand the NationalPlanning Policy Framework.

 

20.                  No external lighting shall be provided other than the maximum of one external LEDdown-lighter above or beside each external door (and below eaves height) with aCorrected ColourTemperature notexceeding 2700Kand brightnessunder 500lumens. Every such light shall be directed downwards with a 0 degree tilt angle and0% upward light ratio and shall be controlled by means of a PIR sensor with amaximum over-run time of 1 minute. The Lighting shall be maintained thereafter inaccordance withthese details.

 

Reason: To ensurethat allspecies andlocal intrinsicallydark landscapeare protected having regard to The Conservation of Habitats and Species Regulations2017, as amended by the Conservation of Habitats and Species (Amendment) (EUExit) Regulations2019’ (the‘Habitats Regulations’),Wildlife &Countryside Act(1981 amended); National Planning Policy Framework, NERC Act (2006) and HerefordshireLocal Plan - Core Strategy policies SS1, SS6, LD1-3; ; and the council’s declaredClimate Changeand Ecological Emergency

 

INFORMATIVES:

 

1.                     TheLocal PlanningAuthority hasacted positivelyand proactivelyin determiningthis applicationby assessingthe proposalagainst planningpolicy andany othermaterial considerations,including anyrepresentations thathave beenreceived. Ithas subsequentlydetermined togrant planningpermission inaccordance withthe presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

2.                     This full planning permission is issued pursuant to a Section 106 Town & CountryPlanning Act 1990 obligation agreement dated (date to be added in upon completionof S106 Agreement).

 

3.                     This planning permission does not authorise the applicant to carry out works withinthe publicly maintained highway and Balfour Beatty Living Places (Managing Agentfor HerefordshireCouncil) HighwaysServices, Unit3 ThornBusiness Park,Rotherwas, Hereford HR2 6JT, (Tel. 01432 349517),), shall be given at least 28 days'notice of the applicant's intention to commence any works affecting the publichighway so that the applicant can be provided with an approved specification, andsupervision arranged forthe works.

 

4.                     Under the Traffic Management Act 2004, Herefordshire Council operate a noticescheme to co-ordinate Streetworks. Early discussions with the Highways ServicesTeam 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 notethat thetimescale betweennotification andyou beingable tocommence your works may be longer depending on other planned works in the area and thetraffic sensitivity of the site. The Highway Service can be contacted on Tel. 01432845900.

 

 

5.                     It is an offence under Section 148 of the Highways Act 1980 to allow mud or otherdebris to be transmitted onto the public highway.The attention of the applicant is drawn tothe needto keepthe highwayfree fromany mudor othermaterial emanatingfrom theapplication site or anyworks pertaining thereto.

 

6.                     Nowork onthe siteshould commenceuntil engineeringdetails ofthe improvementsto thepublic highwayhave beenapproved bythe HighwayAuthority andan agreement under Section 278 of the Highways Act 1980 entered into. Please contactthe Senior Engineer, PO Box 236, Plough Lane, Hereford HR4 0WZ to progress theagreement.

 

7.                     The developer is required to submit details of the layout and alignment, widths andlevels ofthe proposedroadworks, whichshall complywith anyplans approvedunder thisplanning consentunless otherwiseagreed inwriting, togetherwith allnecessary drainage arrangements and run off calculations. It is not known if the proposedroadworkscan besatisfactorily drainedto anadequate outfall.Adequate stormwater disposalarrangements mustbe providedto enableHerefordshire Council,as HighwayAuthority, toadopt theproposed roadworksas publichighways. Theapplicant is,therefore, advisedto submitthe engineeringand drainagedetails referred to in this conditional approval at an early date to the Senior Engineer, POBox 236,Plough Lane, HerefordHR4 0WZfor assessmentand technicalapproval. Noworks on the site of the development shall be commenced until these details havebeen approvedand anAgreement underSection 38of theHighways Act1980 enteredinto.

 

8.                     Drainage arrangements shall be provided to ensure that surface water from thedriveway and/or vehicular turning area does not discharge onto the public highway.Nodrainageor effluentfrom theproposed developmentshall beallowed todischarge intoany highwaydrain orover anypart ofthe publichighway.

 

9.                     Anywork involvingthe removalor disturbanceof groundor structuressupporting orabutting the publicly maintained highway should be carried out in accordance withdetails to be submitted to and approved in writing by the Highway Authority or theiragent. Pleasecontact BalfourBeatty LivingPlaces (ManagingAgent forHerefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford HR26JT, (Tel. 01432 349517),

 

10.                  The applicant’s attention is drawn to the requirement for design to conform toHerefordshire Council’s‘Highways DesignGuide forNew Developments’and ‘HighwaysSpecification for NewDevelopments