Agenda item

204317 - LAND AT BICTON HOUSE, BICTON, KINGSLAND, LEOMINSTER, HEREFORDSHIRE, HR6 9PR

Proposed detached affordable dwelling and garage/workshop.

Decision:

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

Minutes:

The Development Manager North Team provided a presentation on the application.

 

In accordance with the criteria for public speaking a statement was read on behalf of the applicant Mr Godding in support of the application.

 

In accordance with the council’s constitution the local ward member spoke on the application. He explained that the application was supported by the local parish council and local residents. As the local member he was content also to add support to the application.

 

The committee debated the application. There was unanimity in support of the case officer’s recommendation to approve the application.

 

The local ward member had the opportunity to close the debate.

 

Councillor Bruce Baker proposed and Councillor John Stone seconded the approval of the application in accordance with the case officer’s recommendation. The proposal was put to the vote and was carried unanimously.

 

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.

C01 Time limit for commencement (full permission)

           

2.

C13 Samples of external materials

 

3.

C65 Removal of permitted development rights

 

4.

The dwelling hereby approved shall not be occupied until the foul and surface water management arrangements have been implemented in accordance with the approved scheme as detailed in supplied information. The approved arrangements shall thereafter be maintained for the lifetime of the development, unless otherwise approved in writing by the Local Planning Authority.

 

Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policy SD4

 

5.

The dwelling hereby approved shall not be occupied until the foul water connection between existing dwelling “Bicton House (HR6 9PR)” and the existing septic tank has been removed and replaced with connection to a new package treatment plant (Otto Graf One2Clean) discharging to a drainage field, as detailed in supplied drainage report by H+H Drainage dated 25th August 2023.

 

Reason: To ensure that the scheme would achieve nutrient neutrality and avoid detriment to the integrity of the River Lugg/ River Wye SAC, in accordance with the Conservation of Habitats and Species Regulations (2017), policy LD2 and SD4 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework

 

6.

Unless otherwise agree in writing by the local authority the legally recorded owner of “Bicton House (HR6 9PR)” shall be responsible for management and maintenance of all shared parts of the installed foul water system for the lifetime of all developments connected to it; including ensuring foul water system is operating correctly at all times.

 

Reason: To ensure that the scheme would achieve nutrient neutrality and avoid detriment to the integrity of the River Lugg/ River Wye SAC, in accordance with the Conservation of Habitats and Species Regulations (2017), policy LD2 and SD4 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework

 

7.

No external lighting shall be provided other than the maximum of one external LED down-lighter above or beside each external door (and below eaves height) with a Corrected Colour Temperature not exceeding 2700K and brightness under 500 lumens. Every such light shall be directed downwards with a 0 degree tilt angle and 0% upward light ratio and shall be controlled by means of a PIR sensor with a maximum over-run time of 1 minute. The Lighting shall be maintained thereafter in accordance with these details.

 

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, SS6, LD1-3; ; and the council’s declared Climate Change and Ecological Emergency

 

8.

Prior to first use of the dwelling approved by this planning permission, evidence of the suitably placed installation within the site boundary or on other land under the applicant’s control (excepting Ash Trees) of a minimum total of TWO Bat roosting features and TWO bird nesting boxes (mixed types) and ONE hedgehog home, should be supplied to and acknowledged by the local authority; and shall be maintained hereafter as approved unless otherwise agreed in writing by the local planning authority.

 

Reason: To ensure Biodiversity (species) Net Gain as well as species and habitats enhancement having regard to the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies LD1, LD2 and LD3.

 

9.

CAB Visibility splays

 

10.

CAE Vehicular access construction

 

11.

The dwelling hereby approved shall not be occupied until a planning obligation pursuant to Section 106 of the Town and Country Planning Act 1990 has been certified as completed by the Local Planning Authority. The said agreement shall secure the provision of affordable housing in accordance with the approved scheme and shall include:

 

i.               the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable home; and,

ii.              the occupancy criteria to be used for determining the identity of occupiers of the affordable home and the means by which such occupancy criteria shall be enforced.

 

The affordable dwelling shall be retained in accordance with the approved scheme.

 

Reason: In order to provide ensure that the dwellings are secured and maintained as affordable housing for having regard to the requirements of policy SS2, H2 and RA3 of the Herefordshire Local Plan – Core Strategy and guidance contained within the National Planning Policy Framework.

 

 

INFORMATIVES

 

1.

Application Approved Following Revisions

 

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.

Wildlife Protection Informative

 

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.

 

 

 

 

 

 

 

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