Agenda item

DCCE2005/1530/F - Walney Barn, Aylestone Hill, Hereford, HR1 1JJ

Demolition of existing Dutch barn erection of new private residence and attached double garage.

Minutes:

Demolition of existing Dutch barn erection of new private residence and attached double garage.

 

Councillor D.B. Wilcox, the Local Ward Member, noted that the principle of development was acceptable but expressed concerns about the drainage arrangements.  Councillor Wilcox noted that mains provision was likely to be improved in the area in the not too distant future and he felt that the property should be connected to a mains foul sewer when reasonably available.  Councillor W.J.S. Thomas supported these views.

 

In response, the Central Team Leader commented that, whilst drainage was a material planning consideration, conditions needed to be reasonable and there was no certainty about the timing of mains availability.  He suggested that an informative note could be added to any planning permission granted to highlight the issue to the applicant and future occupants of the property.

 

Councillor R.I. Matthews commented that there appeared to be sufficient space for an alternative drainage system.  Councillor Thomas responded by saying that alternative systems often failed after a number of years and that mains drainage was the only acceptable solution in this location.  Councillor Wilcox also noted that the site was elevated which could have an effect on the efficiency of an alternative system.

 

The Head of Planning Services advised that the prospect of compliance was an important consideration and noted that no date for mains connection could be anticipated.  He added that an unreasonable condition could leave the Authority vulnerable to challenge.

 

It was noted that recommended conditions 9 and 10 dealt with foul drainage disposal and it was suggested that these conditions could be emphasised.

 

In response to a suggestion that the application be deferred, the Principal Planning Officer reported that the application was to be considered at the last meeting but was held pending further advice from Environmental Health.  It was noted that Officers considered the drainage arrangements to be adequate.

 

The Development Control Manager suggested that a condition requiring connection to a mains foul sewer ‘as soon as is reasonably practicable’ would be more reasonable.

 

RESOLVED:

 

That planning permission be approved subject to the following conditions:

 

1.      A01 (Time limit for commencement (full permission)).

 

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

 

2.      A08 (Development in accordance with approved plans and materials).

 

         Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area.

 

3.      E09 (No conversion of garage to habitable accommodation).

 

         Reason: To ensure adequate off street parking arrangements remain available at all times.

 

4.      E16 (Removal of permitted development rights).

 

         Reason: Due to the restricted nature of the application site and in the interests of preserving the special architectural design of the development.

 

5.      No balcony shall be introduced without the grant of further specific permission from the local planning authority.

 

         Reason: To safeguard the amenities of the locality.

 

6.      E18 (No new windows in specified elevation).

 

         Reason: In order to protect the residential amenity of adjacent properties.

 

7.      E19 (Obscure glazing to windows).

 

         Reason: In order to protect the residential amenity of adjacent properties.

 

8.      F16 (Restriction of hours during construction).

 

         Reason: To protect the amenity of local residents.

 

9.      F18 (Scheme of foul drainage disposal).

 

         Reason: In order to ensure that satisfactory drainage arrangements are provided.

 

10.    F28 (No discharge of foul/contaminated drainage).

 

         Reason: To prevent pollution of the water environment

 

11.    G01 (Details of boundary treatments).

 

         Reason: In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

 

12.    G04 (Landscaping scheme (general)).

 

         Reason: In order to protect the visual amenities of the area.

 

13.    G05 (Implementation of landscaping scheme (general)).

 

         Reason:  In order to protect the visual amenities of the area.

 

14.    G10 (Retention of trees).

 

         Reason: In order to preserve the character and amenities of the area.

 

15.    H05 (Access gates).

 

         Reason: In the interests of highway safety.

 

16.    H09 (Driveway gradient).

 

         Reason: In the interests of highway safety.

 

17.    H12 (Parking and turning - single house).

 

         Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

18.    H21 (Wheel washing).

 

         Reason: To ensure that the wheels of vehicles are cleaned before leaving the site in the interests of highway safety.

 

19.   The dwelling hereby approved shall, as soon as is reasonably practicable, be connected to mains sewerage and the existing private drainage facilities shall then be removed and the land reinstated all in accordance with a scheme of works and timetable to be submitted to, and approved in writing by, the local planning authority.

 

         Reason: In the interests of land amenity and securing effective long term drainage for this site.

 

Informatives:

 

1.      N01 - Access for all.

 

2.      N03 - Adjoining property rights.

 

3.      HN01 - Mud on highway.

 

4.      HN05 - Works within the highway.

 

5.      HN10 - No drainage to discharge to highway.

 

6.      N15 - Reason(s) for the Grant of PP/LBC/CAC.

Supporting documents: