Agenda item

231703 - THREE COUNTIES HOTEL, BELMONT, HEREFORD, HEREFORDSHIRE, HR2 7BP

Demolition of existing hotel and associated structures and erection of Class E foodstore with associated access, parking, servicing, drainage and landscaping.

Decision:

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

Minutes:

Councillor Kevin Tillett left the committee to act as the local ward member for the following application.

 

The Principal Planning Officer provided a presentation of the application and the updates/representations received following the publication of the agenda, as provided in the update sheet and appended to the minutes.

 

In accordance with the criteria for public speaking a statement was read on behalf of Mr Machin, in objection to the application and Mr Waldren, the applicant’s agent, spoke in support of the application.

 

In accordance with the council’s constitution the adjoining local ward member spoke on the application. He explained that he was speaking on behalf of the three local members whose electoral divisions were materially impacted by the proposal. The proposed demolition of the three counties hotel constituted the loss of a community asset. There was a limited number of hotels locally and the existing hotel on the site was a useful facility for: visitors to the south side of the Wye; a venue for celebrations and conferences; and a public bar for the local community. There was concern that the proposal would adversely impact upon retail and footfall in the city centre which had been suggested by a report from JW Planning in assessment of the application. The design of the building was not felt to be sympathetic to the predominant red brick developments locally. There was concern regarding drainage on the site; until January 2024 the drainage officer had objected to the application. The drainage conditions required additional plans to be submitted therefore the committee did not have all necessary information in this area to come to a decision. There was also a concern that shopping trolleys from the supermarket would be disposed in local waterways and cause blockages and flooding. There was an error in the ecologist’s report concerning the identification of gulls in the local area and it was queried whether the rest of the report could be treated as credible. The critical issue concerning the site was traffic and highways problems; this was the overwhelming area of objection to the application. The highways assessments in the report were not plausible given the local knowledge of queuing traffic and congestion on the Belmont Road. The local highways did not have sufficient capacity for the development and there were safety concerns regarding the proposed right hand turn to exit the store.

 

The committee debated the application. There was division among the members of the committee.

 

There were objections to the development among some members of the committee who considered that:

 

-       The proposal would cause unacceptable impacts on highway movements, and the right hand turn exit from the site would pose highway safety concerns contrary to core strategy policies SS4 and MT1;

-       The design and scale of the building was out of keeping with the local area and the impact on the local area was unacceptable, contrary to core strategy polices SS6 and LD1; and

-       The proposal would undermine retail and footfall in the town centre and fail to maintain and enhance the vitality and viability of the city centre, contrary to core strategy policy HD2.

 

There was support for case officer’s recommendation among other members of the committee.

 

Councillor Bruce Baker proposed the approval of the application in accordance with the case officer’s recommendation. The proposal was not seconded and not moved.

 

Councillor Polly Andrews proposed the deferral of the application. The proposal was not seconded and not moved.

 

Councillor Justine Peberdy left the meeting at 12:38 p.m.

 

The adjoining local ward member was given the opportunity to close the debate. He explained that the application should be refused on the grounds of: loss of a community asset, contrary to core strategy policy SC1; the impact on retail in the town centre contrary to core strategy policy HD2; the size and scale and its unacceptable impact upon the local area, contrary to SS6 and LD1; and the lack of detail concerning the drainage plans.

 

Councillor Richard Thomas proposed and Councillor Simeon Cole seconded the refusal of the application for those reasons in objection as set out above. The motion was put to the vote and was lost by a simple majority.

 

Councillor Bruce Baker proposed and Councillor Dave Davies seconded the approval of the application in accordance with the case officer’s recommendation. The proposal was put to the vote and carried by a simple majority.

 

 

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

 

 

1

Time limit for commencement (full permission)

 

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2

Approved Plans

 

The development shall be carried out strictly in accordance with the approved plans and materials:

  • 2768 P4400 Site Location Plan
  • 2768 P4402 Existing Site Plan
  • 2768 P4403 GEA of Existing Building Areas
  • 2768 P4404/H Proposed Site Plan
  • 2768 P4405/F Proposed Surfacing Plan
  • 2768 P4406/G Proposed Tree removal Plan
  • 2768 P4407/F Proposed Boundary treatment plan
  • 2768 P4408/K Proposed Levels Plan
  • 2768 P4409/F Site Plan and Utilities
  • 2768 P4410/F Proposed site Tracking
  • 2768 P4416 Existing buildings to be demolished
  • 2768 P1100 Proposed Floor plan
  • 2768 P1101 Proposed Roof Plan
  • 2768 P2201/A Proposed Elevations
  • CA HFD 2022-01 Rev E Hereford Tree Survey and Existing Features
  • CA HFD 2022-02 Rev F Hereford Overlay and Tree Protection
  • CA HFD 2022-03 Rev D Hereford Landscape Proposals
  • CA HFD 2022-04 Rev A Hereford Landscape Sections
  • CA HFD 2022-05 Rev B  Lidl Hereford Willow and Cherry Close up
  • CA HFD 2022-06 Lidl Hereford Car Park Tree Section
  • CA Lidl Hereford Planting Methodology and aftercare rev 22 October 2022
  • CA Hereford Planting Schedule rev 22 October 2022
  • 22-00767/05/G Proposed Highway Works - Right Turn Ghost Island and Active Travel Improvements

 

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 and to comply with Policy SD1 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework

 

 

Prior to Commencement

 

3

Construction Management Plan

 

Development 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

-       Construction Traffic Management Plan

-       Hours of working

-       Location of any welfare buildings and site compounds / 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.

 

4

Construction Method Statement (CMS): Noise

 

Prior to the commencement of the development a detailed Construction Method Statement (CMS) shall be supplied and approved to minimise noise and nuisance to neighbours: The CMS shall contain the following:

 

The methods and materials to be used to ensure that the generation of noise is minimised; Choice of plant and equipment to be used;

The use of prefabricated materials wherever possible; Regarding optimum site layout, noise generating activities to be located away from sensitive receptors; and good housekeeping and management, to include.

a) Review of plant and activities to ensure noise minimisation measures are in place and operating;

b) Public relations, e.g. provision of telephone numbers for complaints, pre-warning of noisy activities

including activities that might generate perceptible vibration, sensitive working hours;

c) Controlling of site traffic and setting up of access routes away from sensitive receptors; and

d) Provision of noise monitoring during activities likely to affect sensitive receptors.

 

Reasons: In order to protect the amenity of occupiers of nearby properties so as to comply with Policies SS6 and SD1 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework

 

5

Habitat Regulations (River Wye SAC) Construction Environmental Management Plan

 

Before any work; including demolition or site clearance begins or equipment and materials are moved on to site, a fully detailed and comprehensive Construction Environmental Management Plan (CEMP) including a specified ‘responsible person’, 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; unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To ensure that all species and local habitats are protected having regard to The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife & Countryside Act (1981 amended); National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1-3.

 

6

Material Resource Audit

 

Prior to commencement of development, a Resource Audit to identify the approach to materials shall be submitted to and approved in writing by the Local Planning Authority. The Resource Audit shall include the following

           The amount and type of construction aggregates required and their likely source;

           the steps to be taken to minimise the use of raw materials (including hazardous materials) in the construction phase, through sustainable design and the use of recycled or reprocessed materials;

           The steps to be taken to reduce, reuse and recycle waste (including hazardous wastes) that is produced through the construction phase;

           The type and volume of waste that the development will generate (both through the construction and operational phases);

           On-site waste recycling facilities to be provided (both through the construction and operational phases);

           The steps to be taken to ensure the maximum diversion of waste from landfill (through recycling, composting and recovery) once the development is operational;

           End of life considerations for the materials used in the  development; and

           Embodied carbon and lifecycle carbon costs for the materials used in the development.

 

Construction works shall thereafter be carried out in full accordance with the details of the approved Resource Audit.

 

Reason: The treatment/handling of any site waste is a necessary initial requirement before any groundworks are undertaken in the interests of pollution prevention and efficient waste minimisation and management so as to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework and Emerging Policy SP1: Resource Management of the Minerals and Waste Local Plan.

7

Surface Water

 

Prior to any development commencing on site full details of a surface water drainage design plans shall be submitted including the submission of construction drawings and associated calculations and the development to be carried out in accordance with the approved details.

 

Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

8

Drainage

 

Prior to any development commencing submission of trial pit information confirming the route of the 450mm pipe that has been identified which carries flow into the site (referred to as SW1 on the survey) as well as details of how inflow from this pipe will be provided for 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: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

 

Prior to the first occupation/other stage conditions

 

9

Materials

 

With the exception of any site clearance and groundwork, no further 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 so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

10

Noise Mitigation

 

Prior to the first use of the food store hereby approved, the proposed noise mitigation in the form of acoustic fencing with a minimum density 10kg/m2, as detailed in the noise assessment, shall be erected.   The noise mitigation shall be retained for so long as the use hereby authorised remains on site.

 

Reason: To safeguard the amenities of the locality and to comply with Polices SS6 and SD1, of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

11

Car Parking

 

Prior to first use of the food store hereby approved, the parking and manoeuvring facilities shall be completed in accordance with drawing P4404 rev H. Thereafter, these parking facilities shall be retained and maintained for the duration of use and shall not be used for any other purpose.

 

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

 

12

Rodent Survey

 

Prior to the commencement of the development a proposal for the survey and treatment of rodents in the vicinity shall be supplied to the authority for approval in writing.

 

Reasons: In order to protect the amenity of occupiers of nearby properties so as to comply with Policies SS6 and SD1 of the Herefordshire Local Plan Core Strategy and the National Planning Policy

Framework

 

13

Highway Works

 

Development shall not begin in relation to any of the specified highways works  as detailed on  dwg 22-00767/05 rev G by Corun), 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.  If relocation of the Speed Camera is required consultation should be undertaken with west Mercia Police in conjunction with the Local Highway Authority. The development shall not be occupied until the scheme has been constructed in accordance with the approved details.

 

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.

 

14

Travel Plan

 

Prior to first use of the food store hereby approved, a Travel Plan which contains measures to promote alternative sustainable means of transport for staff 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 for the first five years from first occupation of the development.  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

 

15

Cycle Provision

 

Prior to first use of the food store hereby approved full details of a scheme for the provision of covered and secure cycle parking facilities to serve the food store shall be submitted to the Local Planning Authority for their written approval.  The covered and secure cycle parking facilities shall be carried out in strict accordance with the approved details and available for use prior to the first use of the development hereby permitted. Thereafter these facilities shall be maintained;

 

Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

16

Waste Storage

 

Prior to the first use of the food store hereby approved, suitable provision for storage of waste and waste collection areas should be provided in accordance with details that shall have been submitted and approved by the Local Planning Authority that allows or the convenient storage of waste and unrestricted access at all times. Such waste collection areas shall be retained for so long as the use hereby authorised remains on site.

 

Reason: In the interest of amenity in accordance with Policy SD1 of the Herefordshire Local Plan – Core Strategy.

 

17

Habitat Regulations (River Wye SAC) – Surface Water

 

With the exception of any site clearance and groundworks, no development shall commence until a fully detailed Sustainable Drainage Systems to manage all surface water shall be supplied for written approval by the Local Planning Authority. The proposed scheme must provide detailed certainty on how all pollutant contaminants from vehicular and other use of the site are fully removed and managed prior to any final discharge of surface water from the site in to the Newton Brook. The approved scheme shall be implemented in full  prior to the first use of and hereafter maintained unless otherwise approved in writing by the Local Planning Authority

 

Reason: In order to comply with The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD2 and SD3

 

18

Landscape Maintenance

Prior to completion or first occupation of the development hereby approved, whichever is the sooner; details of treatment of all parts on the site not covered by buildings shall be submitted to and approved in writing by the Local Planning Authority. The site shall be landscaped strictly in accordance with the approved details in the first planting season after completion or first occupation of the development, whichever is the sooner. Details shall include:

Specifications for operations associated with plant establishment, watering plans and maintenance that are compliant with best practise.

 

Reason: To ensure that the development is carried out only as approved by the Local Planning Authority and to conform with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

19

Lighting Scheme

 

Prior to first use of the food store hereby approved any external lighting proposed to illuminate the developmentincluding detailed plans, illumination levels and luminaire specifications shall be supplied to the Local Planning Authority for written approval. The approved scheme shall be implemented and hereafter maintained and operated.

 

All lighting installed shall demonstrate compliance with latest best practice guidance relating to lighting and protected species-wildlife available from the Institution of Lighting Professionals and Core Strategy policies SD1.

 

Reason: To ensure that all species and local intrinsically dark landscape are protected having regard to The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife & Countryside Act (1981 amended); National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SD1 SS6, LD1-3.

 

20

Planting Methodology

 

Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the details specification within the approved document “CA Lidl Hereford Planting Methodology and aftercare rev 22 October 2022” produced by Corscadden Associates within the next planting season (October to April) but no later than two years from the date of this Consent and thereafter retained.

 

 

Reason: To ensure that the development is carried out only as approved by the Local Planning Authority and to conform with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

21

Arboricultural Works

 

Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following documents and plan:

  • Arboricultural Method Statement Report rev 22Oct2022 produced by David Rice Forestry

 

Reason: To ensure that the development is carried out only as approved by the Local Planning Authority and to conform with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

22

EV Charging Point

 

With the exception of any site clearance and groundworks, no development shall commence until written and illustrative details of the 2 electric vehicle charging points proposed within the food store car park have been submitted to and approved in writing by the Local Planning Authority. The electric vehicle charging points shall be installed prior to first occupation and be maintained and kept in good working order thereafter as specified by the manufacturer.

 

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 of the National Planning Policy Framework.

 

23

Biodiversity Net Gain

 

With the exception of any site clearance and groundworks, no development shall commence until written detailed scheme and annotated location plan for the proposed biodiversity net gain enhancement features referenced in paragraph 10.10 of the Ecology Survey Report (Just Mammals, October 2022) including provision of ‘fixed’ habitat features such as habitat boxes supporting a range of bird species and pollinator homes have been submitted and approved in writing by the Local Planning Authority. The approved scheme shall be implemented in full and hereafter maintained as approved.

 

Reason: To ensure that all protected species are considered and habitats enhanced having regard to The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981, National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy (2015) policies SS1, SS6 LD1, LD2 and LD3.

 

Compliance

 

24

Public Sewage Network

 

No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network.

 

 Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment and to comply with Policy SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

25

Visibility Splays

 

The visibility splays, and any associated set back splays at 45 degree angles shall be provided from a point 0.6 metres above ground level at the centre of the access to the application site and 2.4 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 43 metres in each direction along the nearside edge of the adjoining carriageway.  Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.

 

Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

26

Use Class

 

Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any Order revoking and re-enacting that Order, with or without modification), the foodstore hereby permitted shall be used mainly for the sale of food falling within Class E(a) of the aforementioned Order and for no other use and no more than 80% of the net sales area shall be used for the sale of convenience goods and no more than 20% of the net sales area shall be used for the sale of comparison goods.

 

Reason: In order to protect the vitality and viability of Hereford City centre in accordance with Herefordshire Local Plan – Core Strategy Policy E5,  Paragraphs 86 to 91 of the National Planning Policy Framework.

 

27

Permitted Development rights

 

Notwithstanding the provisions of article 3(1) and Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015,(or any order revoking or re-enacting that Order with or without modification), no development which would otherwise be permitted under Classes A, C, E, of Part 7 of Schedule 2, shall be carried out.

 

Reason: In order to protect the character and amenity of the locality, to maintain the amenities of adjoining property and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

28

Site Management Plan: Trolleys

 

The Site Management Plan set out in Lidl’s letter dated 24 October 2023 shall be implemented in full upon first opening of the store for trading purposes and shall continue to be implemented for the lifetime of the development. As set out in the Site Management Plan, the management regime shall comprise:

  • Installation of Gatekeeper trolley system;
  • Weekly briefing of relevant staff on the sensitivity of the site and local area to flooding and the importance of spotting and remedying any blockage of Newton Brook and the associated culvert to the local system;
  • Twice annual inspection of the piped culvert linking the new and historic channel of Newton Brook and piped outfall to Newton Brook to ensure water is freely flowing.  If water is not free flowing, and in any event biennially, undertake CCTV survey of the piped culvert linking the new and historic channel of Newton Brook. If a blockage or obstruction is found, undertake repair / maintenance to remove the blockage as required;
  • Daily visual inspection of Newton Brook west of the site both upstream and downstream of the site.  If a blockage or obstruction is found, take efforts to remove Lidl shopping trolleys if safe to do so and report to Herefordshire Council if appropriate or necessary.”

 

Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

29

Foul Water

 

All foul water shall discharge through connection to the existing local ‘Hereford-Eign’ mains sewer system managed by Welsh Water

 

Reason: In order to comply with The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD2 and SD4.

 

30

Service Vehicles

 

The loading and unloading of service and delivery vehicles together with their arrival and departure from the site shall be restricted to no earlier than 07:00 Monday to Saturday and no later than 22:00. Hours of delivery on Sundays and Bank Holidays shall be restricted to between 10:00 and 16:00.

 

Reason: To safeguard the amenities of the locality and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

31

Hours of opening

 

The food store hereby permitted shall not be open to customers outside the hours of 0800 to 2200 hours Mondays to Saturdays (including Bank Holidays) and 10:00 to 16:00 on Sundays.

 

Reason: In the interests of the amenities of existing residential property in the locality and to comply with SD1 of the Herefordshire Local Plan – Core Strategy and  the National Planning Policy Framework.

 

32

Single Unit

 

The retail unit (Class E) hereby approved shall trade as single retail unit and shall not be subdivided into separate smaller retail units.

 

Reason:  In order to minimise the impact of the proposed development on the vitality and viability of Hereford City Centre, in accordance with policy E5

 

33

Display of goods in car park

 

No goods shall be displayed for sale in the car park or landscaped (hard and soft) areas as shown on the approved plan.

 

Reason:  To manage the retail sales element of the development and protect the visual amenities of the site in accordance with policy

 

34

Vehicular Access

 

The construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the Local Planning Authority, at a gradient not steeper than 1 in 12.

 

Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

35

Gates/Barriers

 

Any new access gates or barriers shall be set back 7 metres from the adjoining carriageway edge and shall be made to open inwards only. 

 

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

 

 

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 (as originally submitted) have resulted in amendments to the proposal.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

2

Welsh Water

 

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.

 

The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

 

In accordance with National Planning Policy Framework (Edition 11) and Technical Advice Note 12 (Design), the applicant is advised to take a sustainable approach in considering water supply in new development proposals, including utilising approaches that improve water efficiency and reduce water consumption. We would recommend that the applicant liaises with the relevant Local Authority Building Control department to discuss their water efficiency requirement

 

3

Signage

 

The applicant is advised to take appropriate professional advice in relation to whether advertisement consent is required for any new outdoor signage.

 

4

Highways Design Guide and Specification

 

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'

 

5

Mud on highway

 

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.

 

6

Travel Plans

 

In connection with Condition 14 the applicant is advised that in the case where a Travel Plan currently exists the Condition will require a full review of the Plan and a revised submission to the Council.

 

7

Annual travel Plan Reviews

 

In connection with Condition 14, 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

 

8

Drainage other than via highway system

 

It is the responsibility of the developer to arrange for a suitable outfall or discharge point.  It cannot be assumed that the highway drainage system can be used for such purposes.

 

9

Works adjoining highway

 

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).

 

10

Extraordinary maintenance

 

The attention of the applicant is drawn to Section 59 of the Highways Act 1980 which allows the Highway Authority to recover additional costs of road maintenance due to damage by extraordinary traffic

 

11

Disabled needs

 

The attention of the applicant is drawn to Section 175A(3) of the

Highways Act 1980 within which the Highway Authority shall have regard to the needs of disabled persons when considering the desirability of providing ramps at appropriate places between carriageways and footways and to any requirement of the Disability Discrimination Act.

 

12

Design of street lighting for Section 278

 

The applicant's attention is drawn to the requirement that, in all

cases where an Agreement under Section 278 of the Highways Act 1980 is entered into, the street lighting will be installed by the developer of the site in accordance with the design issued by the Highway Authority and their design shall include any necessary amendments to the existing system

 

13

Brightness of illuminated signs

 

The brightness of the floodlit surface, or illuminated sign face, shall not exceed the values stipulated in the Institution of Lighting Engineers Technical Report No. 5: 1991 "The Brightness of Illuminated Advertisements".

 

14

No drainage to discharge to highway

 

Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public highway.  No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway.

 

15

Section 278 Agreement

 

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.

 

16

Works within the highway

 

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.

 

17

Private apparatus within highway

 

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 coordinate 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.

 

Councillor Kevin Tillett resumed his seat on the committee.

 

 

 

Supporting documents: