General

1

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

The development shall be carried out strictly in accordance with the approved plans listed below:

• PL 001 Rev A: Site Location Plan;
• PL 004 Rev X: Proposed Site Plan;
• PL 010 Rev C: House Type A (3B6P Detached);
• PL 011 Rev D: House Type B (2B4P Bungalow);
• PL 012 Rev C: House Type C (4B7P Detached);
• PL 013 Rev C: House Type D (4B7P Detached);
• PL 014 Rev C: House Type E (3B5P Semi-detached);
• PL 015 Rev C: House Type F (2B4P Terrace);
• PL 015 Rev C: House Type G (2B4P Semi-detached);
• PL 030 : Garage Plans and Elevations.

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, CD2 and CD7 of the Herefordshire Local Plan – Core Strategy, Colwall Neighbourhood Development Plan and National Planning Policy Framework.

Prior to the commencement of development

3

Prior to commencement of development, the following shall be submitted to and approved in writing by the local planning authority:

b)    As the Preliminary Risk Assessment (Desk Study) submitted in support of the application (JPP, November 2021, R-DS-23497-01-00) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors

c)    if the risk assessment in (a) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed shall be submitted in writing. The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the local planning authority for written approval.

Reason: This condition is required pre-commencement of development, in the interests of human health and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

4

Prior to commencement of development, details and location of the following shall be submitted to and approved in writing by the local planning authority:

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

b)    Construction traffic access location

c)    Parking for site operatives

d)    Construction Traffic Management Plan

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

Reason: The details relate to the duration of the construction period and are required prior to commencement of development 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.

5

Prior to commencement of development a detailed, comprehensive, Construction Environmental Management Plan - including but not limited to detailed ecological working methods and consideration of all environmental effects of construction processes shall be supplied to the Local Planning Authority for written approval.

The approved CEMP shall be implemented in full for the duration of all construction works at the site unless otherwise approved in writing by the local planning authority.

Reason: To ensure that all species are protected and habitats enhanced having regard to the Conservation of Habitats and Species (Amendment) (ED Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,), National Planning Policy Framework (2021), NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SSI, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.

6

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 unless agreed in writing by the Local Planning Authority.

Reason: This condition is required pre-commencement as 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 Policies SD1 and SP1 of the Herefordshire Local Plan – Core Strategy, Herefordshire Minerals and Waste Local Plan and the National Planning Policy Framework.

7

Prior to commencement of development, drainage details for the disposal of surface water and foul sewage shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details before first occupation of the development.

Reason: To ensure the development is provided with a satisfactory means of drainage and to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution.

8

No development shall take place until a full photographic survey of the piggeries has been submitted to and approved in writing by the Local Planning Authority. A copy of the approved record survey shall be submitted to the Herefordshire Historic Environment Record within 1 month of approval.

Reason: In order to document buildings, or parts of buildings which will be lost as a result of demolition in accordance with Policy LD4, CD4 of the Herefordshire Local Plan – Core Strategy and Paragraphs 209 and 211 of the National Planning Policy Framework. It is important the survey takes place prior to works commencing on site.

Prior to specific trigger points

9

Before any other works hereby approved are commenced, visibility splays, and any associated set back splays at 45 degree angles shall be provided in accordance with Drawing no. SK01 Rev D. 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.

10

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.

11

Development shall not begin in relation to any of the specified highways works until details of the footway along Old Church Road (as per drawing SK05 Rev C by Rappor) have been submitted to and approved by the local planning authority in writing following the completion of the technical approval process by the local highway authority. The development 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.

12

Prior to any construction work above damp proof course a specification and annotated location plan for proposed biodiversity net gain enhancement features including significant and meaningful provision of ‘fixed’ habitat features including a range of bird nesting boxes, bat boxes (or similar roosting features), invertebrate homes, hibernacula, hedgehog homes and hedgehog highways through all impermeable boundary features, shall be submitted to and approved in writing by the local planning authority.

The approved scheme shall be implemented in full and hereafter maintained as approved unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that biodiversity net gain is secured and habitats enhanced having regard to The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EL) 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 SSI, SS6 LD1, LD2 and LD3; and the Council’s declared Climate Change and Ecological Emergency.

13

With the exception of site clearance and groundwork, no further development shall commence until details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority. These details shall include:

a)    A statement setting out the design objectives and how these will be delivered;

b)    A Soil Resource Survey (SRS) and Soil Resource Plan (SRP) in accordance with the ‘Construction Code of Practice for the Sustainable Use of Soils in Construction Sites’ (DEFRA 2009);

c)    A plan showing existing and proposed finished levels or contours;

d)    A drawing detailing hard surfacing materials;

e)    Detailed construction drawings of the proposed play area with seating and viewing platform;

f)      Artefacts and Structures e.g. street furniture, street lighting.

g)    All proposed planting, accompanied by a written specification setting out species, size, quantity, density and cultivation details;

h)    A plan detailing the integration of the water attenuation schemes with the POS.

Reason:  To safeguard and enhance the character and amenity of the area in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

14

With the exception of site clearance and groundwork, no further development shall commence until details of the pumping station have been submitted to and approved in writing by the local planning authority. These details shall include:

a)    Elevations of the proposed pumping station;

b)    Hard and soft landscaping proposals; and

c)    Means of enclosure

Reason:  To safeguard and enhance the character and amenity of the area in order to conform with policies SS6, SD1, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy, the Colwall Neighbourhood Development Plan and the National Planning Policy Framework.

15

With the exception of any site clearance and groundwork no further development shall commence until details of the play area has been submitted and approved in writing. These details should include:

a)    Play equipment,

b)    Surfacing,

c)    Landscaping,

d)    Means of enclosure,

e)    Street furniture.

The play area shall be constructed in accordance with the approved plans and made available for use prior to the first occupation of the dwellings hereby approved and thereafter retained.

Reason:  In order to comply with policies OS1 and OS2 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

16

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 Polies SD1, CD2 and CD7 of the Herefordshire Local Plan – Core Strategy, Colwall Neighbourhood Development Plan and the National Planning Policy Framework.

17

With the exception of site clearance and groundworks, no development shall commence until written and illustrative details of the number, specification and location of electric vehicle charging points, has been submitted to and approved in writing by the local planning authority.

The electric vehicle charging points serving each plot shall be installed prior to first occupation of that plot 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.

18

No works in relation to any of the features specified below shall commence until a methodology and detailed drawings are submitted to and approved in writing by the Local Planning Authority. The work shall be carried out in full in accordance with such approved details;

·       Details as to the methodology for lifting and relaying and retaining the tramlines;

·       Details as to how the tramlines will be incorporated into the wider hard and soft landscaping scheme.

Reason: In order to ensure the tramlines are incorporated into the landscaping proposals for the scheme in accordance with LD4, CD4 of the Herefordshire Local Plan – Core Strategy and Paragraphs 209 and 211 of the National Planning Policy Framework.

19

Notwithstanding the approved plans, no works in relation to any boundary treatments required by this condition shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the position, type, design and materials of any boundary treatment to be erected.  The boundary treatment shall be completed before the dwellings hereby permitted are occupied. Development shall be carried out in accordance with the approved details.

Reason: In the interests of visual amenity, to ensure the development has an acceptable standard of privacy and to conform to Policies SD1, LD1, CD2 and CD7 of the Herefordshire Local Plan – Core Strategy, Colwall Neighbourhood Development Plan and the National Planning Policy Framework.

Prior to occupation

20

Prior to occupation of the development hereby permitted, the driveway and vehicular turning area shall be consolidated and surfaced at a gradient not steeper than 1 in 8. Private drainage arrangements must be made to prevent run-off from the driveway discharging onto the highway. Details of the driveway, vehicular turning area and drainage arrangements shall be submitted to and approved in writing by the local planning authority prior to commencement of any works in relation to the driveway/vehicle turning area.

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.

21

Prior to occupation of each dwelling, an area for car parking shall be laid out within the curtilage of that property, in accordance with the approved plans which shall be properly consolidated, surfaced and drained, in accordance with details to be submitted to and approved in writing by the local planning authority and those areas shall not thereafter be used for any other purpose than the parking of vehicles.

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

22

Prior to occupation of the development hereby permitted full details of a scheme for the provision of covered and secure cycle parking facilities within the curtilage of each dwelling 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.

23

Prior to occupation of the development hereby permitted, a comprehensive Landscape Ecological Management Plan including the following details shall be submitted to and approved in writing by the local planning authority:

a)    Including all shared areas of land and open space;

b)    detailed ecological management methods relevant to all habitats and features present;

c)    a scheme for regular ecological monitoring and LEMP review and reporting to LPA (not more than every FIVE years from date of first LEMP for a minimum of 30 years).

The approved Plan shall hereafter be implemented as approved unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that all species are protected and habitats enhanced having regard to the Conservation of Habitats and Species (Amendment) (EL) Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife and Countryside Act 1981,), National Planning Policy Framework (2021), NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SSI, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.

24

Prior to occupation of the development hereby permitted, a schedule of landscape management and maintenance for a period of 10 years shall be submitted to and approved in writing by the local planning authority. Maintenance shall be carried out in accordance with this approved schedule.

Reason:  To ensure the future establishment of the approved scheme, in order to conform with Policies SS6, LD1 and LD3 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

25

Prior to occupation of the development hereby permitted, written evidence or certification demonstrating that water conservation and efficiency measures to achieve the ‘Housing – Optional Technical Standards – Water efficiency standards’ (i.e. currently a maximum of 110 litres per person per day) for water consumption as a minimum have been installed/implemented shall be submitted to the Local Planning Authority for their written approval.

The development shall not be occupied until the Local Planning Authority have confirmed in writing receipt of the aforementioned evidence and their satisfaction with the submitted documentation. Thereafter those water conservation and efficiency measures shall be maintained for the lifetime of the development.

Reason: In order to ensure that water conservation and efficiency measures are secured to safeguard water quality and the integrity of the River Lugg (Wye) SAC in accordance with policies SS6, SD2, SD4 and LD2 of the Herefordshire Local Plan Core Strategy, the National Planning Policy Framework, the Conservation of Habitats and Species Regulations (2017) and NERC Act (2006).

26

Prior to occupation of the development, refuse and recycling collection arrangements shall be submitted to and approved in writing by the local planning authority. The development shall be implemented in accordance with the approved details.

Reason: To ensure satisfactory bin collection arrangements in line with Herefordshire Local Plan – Core Strategy Policies SD1 and MT1.

27

No dwelling hereby approved shall be occupied until arrangements to facilitate broadband and/or high speed internet connection to the dwellings hereby permitted have been implemented in accordance with details that shall previously have been submitted to and approved in writing by the local planning authority.

Reason: To ensure occupiers have suitable facilities and to address the requirements policies in relation to climate change SS7 and SD1 of the Herefordshire Local Plan Core Strategy and the guidance contained within the National Planning Policy Framework.

Compliance

28

The proposed slab levels for the development shall be carried out in accordance with updated Drainage Strategy Drawing ref C002 rev K, prepared by Rappor.

Reason: To ensure that the development is of a scale and height appropriate to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy, CD2 and CD4 of the Colwall Neighbourhood Development Plan and the National Planning Policy Framework.

29

No external lighting shall be provided on any dwelling or building approved under this permission 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) (ED 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 SSI, SS6, LD1-3; ; and the council’s declared Climate Change and Ecological Emergency.

30

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

BS5837 Tree Constraints, Tree Impacts and Tree Protection Method Statement for residential development.

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.

31

The development shall be implemented in accordance with the following documents:

Flood Risk Assessment incorporating Drainage Strategy revision 5 (December 2022, updated October 2023), updated Drainage Strategy Drawing ref C002 rev K prepared by Rappor and Updated Engineer’s Response (October 2023).

Reason: To ensure adequate drainage arrangements serve the development and to mitigate, prevent or to avoid exacerbating any flooding issues and to minimise the risk of pollution and prevent adverse impact on adjoining land and use and to comply with Herefordshire Core Strategy policies S3 and S4.

32

All hard and soft landscaping (planting, seeding or turf laying) in the approved landscape scheme required by condition 14 shall be carried out concurrently with the development and completed in the first planting season following the occupation of any dwelling or the completion of the development, whichever is the sooner. Any trees or plants which die, are removed or become severely damaged or diseased within 10 years of planting will be replaced in accordance with the approved plan.

Reason:  To safeguard and enhance the character and amenity of the area in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

33

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

Reason: In the interests of human health and to comply with policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

34

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 Class A of Part 2 and of Schedule 2 shall be carried out.

Reason: The site is within an Area of Outstanding Natural Beauty. In order to ensure boundary treatment is maintained in accordance with the approved details and in compliance with Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

35

No access gates or doors shall be provided / installed at the site access or internal access road without the prior written approval of the local planning authority.

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.