Agenda item

243018 - LAND AT HELENSWOOD FARM, KINGSTHORNE, HEREFORDSHIRE, HR2 8AL

Outline application with all matters reserved for the proposed erection of two self-build dwellings.

Decision:

Application approved with a change to the conditions.

Minutes:

Councillor Richard Thomas acted as the local ward member for the application below

 

The senior planning officer provided a presentation on the application and the updates/representations received following the publication of the agenda.

 

In accordance with the criteria for public speaking Mr Corbett, representative for local residents, spoke in objection to the application and Mr Tompkins, the applicant’s planning agent, spoke in support.

 

In accordance with the council's constitution the adjoining local ward member spoke on the application. In summary, she explained that the application was a reserved matters application with issues such as type and scale of the proposed properties to be determined at a later application. However, the indication in the current application was that the two properties would be of a significant scale. Local objectors’ foremost concern with the application related to the issue of access. Contrary to the national planning policy framework (NPPF) paragraphs 110, 111 and 112 the proposal in the application had an adverse impact upon highway safety. The inadequacy of detail regarding visibility splays and driver sightlines from the access track to the application site posed a risk to drivers and pedestrians using the local highway network. The status of the track leading to the application site was also a concern as it was not in the ownership of the applicant but was across unregistered land. Contrary to NPPF paragraphs 8 and 119, the lack of an agreement for the use of the track to serve the application site undermined the sustainability and viability of the site; there was no guarantee that the applicant would have an indefinite right of access along the track. Responsibility for the maintenance of the track was unclear; deterioration of the surface of the access could pose a risk to all users. The application could be refused due to its unacceptable impact on highway safety and there was precedent for refusal on access grounds. The site also posed a risk to vulnerable local ecology and there would be drainage issues from any new development.

 

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained that there would be a significant excavation and removal of earth from the site to facilitate the development. During construction this would pose unacceptable impact upon local residential amenity. The application was outline only and should not be approved as it was not suitable. It was out of character with other local houses and a full application should be required for consideration.

 

The committee debated the application. There was division among the members of the committee but the majority accepted the principle of development of the site and the officer recommendation for approval. There was concern expressed regarding the movement of soil from the site during construction.

 

The development management service manager explained that condition 5 of the permission could be updated to ensure that the construction management plan incorporated a soil and waste management plan.

 

The adjoining ward member and the local ward member were given the opportunity to close the debate.

 

Councillor Bruce Baker proposed and councillor Dave Davis seconded a motion to approve the application with a change to condition 5 to incorporate a soil and waste management plan.

 

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

 

RESOLVED:

 

That outline planning permission be granted subject to: an update to condition 5 to include details for a soil and waste management plan; the following conditions; and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

 

1.

C04 – Approval of reserved matters

 

Approval of the details of the layout, scale, appearance, access and landscaping (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced.

 

Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to secure compliance with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

           

2.

Time limit for submission of reserved matters (outline permission)

 

Application for approval of the reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission.

 

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

3.

Time limit for commencement (outline permission)

 

The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of the approval of the last reserved matters to be approved, whichever is the later.

 

Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990.

 

4.

Development in accordance with the approved plans

 

The development shall be carried out strictly in accordance with the approved plans (LOCATION PLAN), 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.

 

5.

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; and

-        Construction Traffic Management Plan

-        Siting of site offices / compound / storage area

-        Tree / Hedgerow protection

 

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.

 

6.

Construction Environmental Management Plan

 

No demolition or construction shall commence on site until a detailed Construction Environmental Management Plan including details of the person responsible for the implementation of the CEMP – has been supplied to the Local Planning Authority for written approval.

 

The measures of the approved CEMP shall be implemented prior to any development commencing on site and all construction works shall thereafter be carried out in accordance with the approved details.

 

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.

 

7.

Restriction on hours during construction

 

During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00 am-6.00 pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays.

 

Reason: To protect the amenity of local residents and to comply with Policy SD1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

 

8.

Details/Samples of External Materials

 

With the exception of any site clearance and groundworks, no further development shall take place until details or samples of materials to be used externally on the walls, roofs, windows and doors of the dwellinghouses and garages, 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.

 

9.

Secured Covered Cycle Provision

 

Prior to the first occupation of each dwellinghouse, 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 dwelling to which is relates. 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.

 

10.

Scheme of Foul and Surface Water Drainage Disposal

 

Any reserved matters application(s) relating to the reserved matter of ‘layout’ submitted pursuant to Conditions 1 and 2, shall be accompanied by a detailed scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be managed. The submission shall be based on the indicative Surface and Foul Water Drainage Strategy Revision A dated 11 September 2024 by H&H Drainage and shall, at a minimum, additionally include the following details:

 

  • Demonstrate consideration of the management of overland flow and any necessary protection to the proposed dwellings and surface water drainage systems;
  • Evidence to show why the site layout cannot accommodate individual drainage infrastructure in the first instance, or at a minimum, share drainage infrastructure sited within the shared open space;
  • An additional infiltration test to be completed, in accordance with BRE 365, at a depth between 0.5 metres – 0.7 metres BGL in the confirmed infiltration basin location to prove viable soakage, and to inform the sizing calculations with a more representative rate, including oversizing the basin, as required, to include proposed volumes and dimensions to be clarified in relation to the infiltration basin; and
  • Should the site layout result in amendments to the indicative foul water drainage infrastructure location, additional percolation testing shall be undertaken in accordance with BS 6297 and results provided to determine the viability of the revised layout given the varying soakage observed across the site.

 

The approved strategy shall thereafter be completed prior to first occupation of each dwellinghouse and maintained thereafter for the lifetime of the development.

 

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.

 

11.

Prior to first occupation of the dwellings approved under planning permission, evidence of the suitably placed installation on the approved buildings, or on other land under the applicant’s control, of a minimum total of FOUR bird nesting boxes, TWO bat roosting boxes, ONE insect box, ONE hedgehog home and ONE hibernacula (or similar features), as recommended within the ecological report by HEC (2024), shall 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. No habitat boxes should be located in Ash trees due to future effects of Ash Dieback Disease and likely loss of these trees.

 

Reason: To ensure Biodiversity 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.

 

12.

Scheme of refuse storage (residential)

 

Prior to the first occupation of each dwellinghouse, a scheme for the provision of storage, prior to disposal, of refuse for each dwelling hereby permitted shall be submitted to and be approved in writing by the local planning authority.

 

The approved scheme shall be implemented prior to the first occupation of the development hereby permitted.

 

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

 

13.

Efficient Use of Water

 

Prior to the first occupation of each dwellinghouse, a scheme demonstrating measures for the efficient use of water as per the optional technical standards contained within Policy SD3 of the Herefordshire Local Plan – Core Strategy (or successor policy) shall be submitted to and approved in writing by the local planning authority.

 

The approved details shall be implemented and completed prior to first occupation of each dwellinghouse and thereafter maintained for the lifetime of the development.

 

Reason: To ensure compliance with Policies SD3 and SD4 of the Hereford Local Plan – Core Strategy and the National Planning Policy Framework

 

14.

Self Build requirement  (BNG exemption)

 

The dwellinghouses hereby permitted shall be constructed as self-build within the definitions of self-build and custom housebuilding in the Self-Build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016).

The first occupation of each dwellinghouse hereby permitted shall be by a person or persons who have had a primary input into the design and layout of the dwelling and two months prior to the first occupation of the unit, the Council shall be notified of, and shall agree in writing, details of the persons who intend to take up first occupation.

 

The dwelling shall be occupied in accordance with the approved details.

 

Reason: The approved development is granted on the basis that it complies with the Self Build and Custom Housebuilding Act 2015 and is consequently exempt from the requirements to submit a Biodiversity Gain Plan in accordance with the provisions of Schedule 7A (Biodiversity Gain in England) of the Town and Country Planning Act 1990 and The Biodiversity Gain Requirements (Exemptions) Regulations 2024.

 

15.

CNS – Non-standard condition

 

Unless otherwise agreed in writing by the Local Planning Authority as detailed in the supplied plans and application form, all foul water flows created by the approved development shall be managed through a shared Haba Bio Easy Flow package treatment plant discharging to a drainage field; and all surface water managed through a Sustainable Drainage System. The approved foul and surface water scheme shall be managed and maintained as approved for the lifetime of the development it supports.

 

Reason: In order to ensure Nutrient Neutrality and 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, SD3 and SD4.

 

16.

CNS – Non-standard condition

 

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

 

17.

C59 – No conversion of garages to habitable accommodation

 

The garage and access thereto must be reserved for the garaging or parking of private motor vehicles and the garage shall at no time be converted to habitable accommodation.

 

Reason: To ensure adequate off street parking arrangements remain available at all times and to comply with Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

18.

CNS – Non-standard condition

 

All vehicles associated with the use of both dwellinghouses hereby granted shall solely use an access point off the C1263 only, which shall be maintained for the lifetime 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.

 

INFORMATIVES:

 

1.

IP2 - 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 outline 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.

INS – Nonstandard informative

 

All applicants are reminded that attaining planning consent does not constitute permission to work in the highway. Any applicant wishing to carry out works in the highway should see the various guidance on Herefordshire Council’s website:

 

www.herefordshire.gov.uk/directory_record/1992/street_works_licence

https://www.herefordshire.gov.uk/info/200196/roads/707/highways

 

3.

I05 – 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.

 

4.

I11 – 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.

 

5.

I35 – 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'.

 

 

6.

INS – Non-standard informative

 

Any applicant who intends to submit any approval of reserved matters application should clearly review statutory and internal technical consultee responses to understand the level of details expected to accompany any application.

 

 

 

There was an adjournment at 10:57 AM; the meeting reconvened at 11:11 AM.

 

 

Councillor Richard Thomas resumed his seat on the committee

Supporting documents: