Proposed residential development of five dwellinghouses with associated vehicle access from C1059 together with drainage infrastructure and planting.

Application approved with a change to conditions.

The principal planning officer gave a presentation on the application and the updates/representations received following the publication of the agenda as provided in the update sheet and appended to these minutes.

 

In accordance with the criteria for public speaking Mr Bufton spoke on behalf of Hatfield and District Group Parish Council, Mr Clayton spoke in objection to the application and Mr Andrews, the applicant, spoke in support.

 

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained that the proposed development was located in an unsuitable area and was of an inappropriate scale. The application represented linear development in the village which had remained unchanged for over 100 years. Objections to the application had been received from every resident in Hatfield and the development was felt to be out of keeping with the rest of the village. It was noted that the site was regularly water logged and there was concern regarding the environment impact of the outflow from the package treatment works into local woodland. The application was not sustainable as there were no facilities or services in the village. The application was not felt to meet the requirements of core strategy policy SD1 for new housing in rural areas. The application was not felt to accord with core strategy policies SS6 and SD2 as it was out of keeping with the remainder of the village. 

 

The committee debated the application and the following principal points were raised:

 

            - there was division among the members of the committee. It was the contention of some members that the proposed development was in open countryside, outside the borders of the village. It was the opinion of other members that the development was adjacent to the village and without a neighbourhood development plan the committee was constrained in the decision they could take.

            - an enhancement to the condition concerning management and maintenance of drainage arrangements was required to include the provision of a welcome pack for purchasers of the proposed dwellings which explained the ecological impact of wastewater drainage on local water courses and the environment. This change to the condition would help mitigate the impact of the new homes on the local environment. Members were advised that this could be provided as part of the discharge of condition submission.

 

The local ward member was given the opportunity to close the debate.

 

Councillor Stef Simmons proposed and Councillor Dave Davis seconded the approval of the application subject to the change to conditions as outlined below:

 

            - a condition to ensure the provision of a welcome pack for purchasers of the proposed dwellings to explain the ecological impact of wastewater drainage on local water courses and the environment.

 

The motion was put to the vote and was carried by a simple majority.

 

RESOLVED - That subject to the acceptability of the updated Ecology Report, planning permission be granted subject to the following conditions, that would also secure the submission of a wastewater welcome pack and any further conditions or variations thereof deemed necessary by the officers named in the scheme of delegation to officers shall be included:

 

 

Standard

 

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

The development shall be carried out strictly in accordance with the approved plans listed below, except where otherwise stipulated by conditions attached to this permission.

 

7872-01-B       Location and Block Plan

7872-02-K       Proposed Site Layout

7872-05-A       Plot4 Proposals

7872-04-A       Plot3 Proposals

7872-03-A       Plot1-2- Proposals

7872-07           Garage Proposals

7872-06-C       Plot5 Proposals

 

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

 

2.     Prior to the commencement of development, 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 74.3-metres in the northeast direction, and 72.2-metres in the southwest direction along the nearside edge of the adjoining carriageway, for each of the proposed points of access.  Nothing shall be planted, erected 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.

 

 

3.     Prior to the commencement of development, details and location of the following must be  submitted to and approved in writing by the Local Planning Authority, and which shall be operated and maintained during construction of the development hereby approved:

 

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

-        Construction traffic access location

-        Parking for site operatives

-        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: 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.

 

No development to take place, with the exception of any site clearance and groundworks.

 

4.     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.

 

5.     With the exception of any site clearance and groundwork details of the design of the proposed foul and surface water drainage arrangements shall be submitted to and approved in writing by the Local Planning Authority.  The details shall include, but may not be limited to the following; -

 

Details of the size and siting of the proposed surface water attenuation features including outfall location;

Details of the size and siting of the proposed foul water drainage mound feature;

Relevant calculations where appropriate and;

Management and maintenance schedules for all drainage infrastructure

 

 

The approved scheme shall be implemented before the first use occupation of any of the dwellings herby approved.

 

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.

 

6.     With the exception of site clearance and groundworks, no further development shall take place until a landscape scheme is submitted to and approved in writing by the Local Planning Authority.  The scheme shall include a scaled plan identifying:

 

 

a.     All proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details.

 

b.    All proposed hardstanding and boundary treatment.

 

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.

 

 

7.     With the exception of any site clearance and groundwork, details of the vehicular access construction must be submitted to and approved in writing by the Local Planning Authority. The construction shall then be implemented in accordance with the approved specification, ensuring a gradient no steeper than 1 in 12.

 

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

 

Prior to first occupation

 

8.     Prior to the first occupation of the development hereby approved, full details of a scheme for the provision of covered and secure cycle parking facilities within the curtilage of each dwelling must be submitted to and approved in writing by the Local Planning Authority. 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 occupation of the development. Thereafter these facilities shall be maintained in perpetuity.

 

 

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 to the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

9.     Prior to the first occupation of the development hereby approved, a schedule of management and maintenance of the non-private areas (including proposed orchard) shall be submitted to and approved in writing by the Local Planning Authority. Maintenance shall be carried out in accordance with the approved schedule.

 

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

 

10.  Prior to the first occupation of any of the residential development hereby permitted written evidence / 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 first 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).

 

Compliance

 

11.  The hours during which construction work may take place shall be restricted to 0800 to 1800 Mondays to Fridays and 0800 to 1300 on Saturdays. There shall be no such working on Sundays, Bank or Public Holidays.

 

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.

 

12.  The garages hereby approved shall be used solely for the garaging of private vehicles and for purposes incidental to the enjoyment of the dwelling house as such and not for the carrying out of any trade or business.

 

Reason: To ensure that the garage is used only for the purposes ancillary to the dwelling and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

13.  The Development hereby approved shall include a total impermeable area not greater than 40% of the site or 0.49ha. An “impermeable area” will include land covered by buildings or non-porous hardstanding through which surface water is unable to infiltrate. 

 

Reason: To ensure the protection of the River Lugg SSSI and the River Wye SAC from additional sources of phosphate resulting from surface water at the site.

 

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

 

Tree Survey – Peter Quinn Associates

 

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

 

15.  The ecological protection, mitigation, compensation and working methods scheme including the Biodiversity Enhancements, as recommended in the ecology report by Worsfold & Bowen (revision 1) dated June 2021 shall be fully implemented and hereafter maintained in as stated 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) (EU 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 SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.

 

16.  At no time shall any external lighting, except low power (under 550 lumens), ‘warm’ LED lighting in directional down-lighters on motion operated and time-limited switches, that is directly required in relation to the immediate safe use of the approved dwellings be installed or operated in association with the approved development and no permanently illuminated external lighting shall be operated at any time, unless otherwise approved in writing by the Local Planning Authority.

 

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.

 

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.

 

17.  No more than two 6-metre sections of the existing highway side hedgerow may be removed. All remaining hedgerows must have a secure root protection area extending at least 1-metre beyond the dripline of the hedgerow plants for the entire duration of the construction works approved by this permission, unless otherwise approved in writing by the Local Planning Authority.

 

Reason: To ensure all hedgerows are protected 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 (2021), NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.

 

18.  All planting, seeding or turf laying in the approved landscaping scheme (insert drawing no if appropriate) shall be carried out in the first planting season following the occupation of the building 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 5 years of planting will be replaced in accordance with the approved plans.

 

Reason: To ensure implementation of the landscape scheme approved by local planning authority in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework

 

 

 

 

INFORMATIVES:

 

1.     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) and the Habitats and Species Regulations (2019 as amended), with enhanced protection for special “Higher Status 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. If any protected species or other wildlife is found or disturbed during works then all works should stop and the site made safe until professional ecology advice and any required ‘licences’ have been obtained. Any additional lighting should fully respect locally dark landscapes and associated public amenity and nature conservation interests.

 

2.     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.

 

 

There was an adjournment at 12:10 p.m.; the meeting reconvened at 12:22 p.m.

 

Councillor Baker resumed his seat on the committee.

 

Councillor Gennard left the committee to act as the local ward member for the application below.