Agenda item

240349 - LAND AT RAMBLERS WAY, WINFORTON, HEREFORD, HR3 6EP

Meeting of Planning and Regulatory Committee, Wednesday 4 June 2025 10.00 am (Item 6.)

Proposed development of 9 dwellings (6 x open market and 3 x affordable).

Decision:

Application approved with a change to the conditions.

Minutes:

The principal 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 Colonel Forrest spoke on behalf of Eardisley Group Parish Council, Mr. Roberts, local resident, spoke in objection to the application and Mr. Price, the applicant’s agent, spoke in support,

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained that the site was located within a scenic and sensitive location in Herefordshire. The planning history associated with the site was lengthy and reference was made to the application of April 2022 that was refused and dismissed on appeal. It was commented that very little had changed, in terms of the policy context and circumstances in Winforton, since that previous refusal except an increase in the density of housing proposed in the current application. There was a requirement for extra housing in the county but this should not be located in a village such as Winforton with no infrastructure to support new development. The density of housing proposed in the application was considered excessive and was not felt to be comparable to The Vineyards residential area, proximate to the application site. There was some support in the village for the provision of affordable housing however, the density of development on the proposed site was not acceptable. It was recognised that the site was suitable for development but not at the proposed density of housing.

The committee debated the application. There was frustration among members of the committee that house building targets imposed upon the county had undermined the core strategy and the council’s 5 year land housing supply. Without the required land housing supply in place the council was obligated to adopt a presumption in favour of such developments.

There was concern on the committee that the house proposed for construction on plot one was too close to the access road which undermined residential amenity. A distance of 3 metres, as a minimum, was required to protect residential amenity and a delegation to officers to agree a change to the plans was proposed.

The timing of the implementation of the landscaping scheme and the planting of hedgerow was raised by the committee. In order to mitigate the visual impact of the site on the landscape it was required that the landscaping scheme was undertaken at an earlier stage during construction and occupation of the site. Following clarification from the officers it was required that the landscaping scheme and planting of hedgerow was undertaken following occupation of the first unit on the development site.

The local ward member was given the opportunity to close the debate. In summary, he explained that there was not opposition from the local community to any development on the site but objections related to the density of the development proposed. The updated NPPF in December 2024 did not result in any changes to guidelines that affected the previous grounds for refusal of the April 2022 application. The application did not promote sustainable transport; it was likely there would be 18 more vehicles in the village which had no bus service. New developments had already been located in the village and it was unreasonable to expect a community with limited services to take more housing in an attempt to meet housebuilding targets for the county.

Councillor Bruce Baker proposed and Councillor Richard Thomas seconded a motion that the application was approved subject to:

· A delegation to officers to agree a change to the plans to ensure a distance of 3 metres between the house in plot one and the access road; and

· the implementation of the landscape scheme and planting of hedgerow from the occupation of the first unit on the development site.

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

RESOLVED:

That: subject to the completion of a legal agreement under Section 106 of the Town and Country Planning Country Act to secure the delivery of affordable housing and the imposition of the conditions detailed below; a delegation to officers to agree a change to the plans to ensure a distance of 3 metres between the house in plot one and the access road; the implementation of the landscape scheme and planting of hedgerow from the occupation of the first unit on the development site; and any other further conditions considered necessary by officers named in the scheme of delegation to officers that Outline Planning Permission be granted:

Standard Outline Planning Permission Conditions

Timescale for Submission of Reserved Matters

Application for approval of reserved matters (appearance and scale) 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

Timescale for Implementation

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.

Reserved Matters to be Approved

Approval of the details of the scale and appearance of the development (hereinafter called "the reserved matters") shall be obtained from the local planning authority in writing before any development is commenced. The development shall subsequently be carried out in accordance with the approved details.

Reason: To enable the local planning authority to exercise proper control over these aspects of the development and to secure compliance with policies RA2, SD1, LD1 and LD3 of the Herefordshire Local Plan – Core Strategy, policies SD1, H2, H5 and H7 of the Eardisley Neighbourhood Development Plan and the National Planning Policy Framework.

Development in accordance with Approved Plans

With regards to the matters of access, layout and landscaping, the development hereby approved shall be carried out strictly in accordance with the approved ‘Proposed Site Plan PPA-W-03-D’ except where otherwise stipulated by conditions attached to this permission.

Reason. To ensure adherence to the approved plans in the interests of delivering a satisfactory form of access and layout which complies with policies RA2, LD1 and MT1 of the Herefordshire Local Plan Core Strategy, policies SD1, T2, H5 and H7 of the Eardisley Neighbourhood Development Plan and the National Planning Policy Framework.

Pre- Commencement Conditions

Construction Environmental Management Plan

No development shall commence on site until a detailed Construction Environmental Management Plan – including but not limited to an ecological working method statement; and details of the person responsible for the implementation of the CEMP – has been supplied to the LPA 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.

Protection Measures for Retained Trees and Hedgerows

Prior to the commencement of the development, a protection plan for retained trees and hedgerows in accordance with BS5837:2012 ‘Trees in relation to design, demolition and construction’ shall be submitted and approved in writing by the local planning authority. The approved protection measures shall subsequently be implemented prior to any development taking place on site and those measures shall remain in place for the duration of the construction phase.

Reason: To safeguard all retained trees during development works and to ensure that the development conforms with Policies LD1 and LD3 of the Herefordshire Local Plan Core Strategy, policies SD1, H7 and E4 of the Eardisley Group Neighbourhood Development Plan and the National Planning Policy Framework.

Construction Management Plan (Highways)

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

- 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: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied and to conform to the requirements of policy MT1 and SS4 of Herefordshire Local Plan Core Strategy, policies H5 and T2 of the Eardisley Neighbourhood Development Plan and the National Planning Policy Framework

Conditions to be addressed at Reserved Matters stage and/or discharged separately

Details of Footway Link

With the exception of site clearance and groundworks, no development shall take place until details of the proposed footway connection between the site and U90632 The Vineyards have been submitted to and approved in writing by the Local Planning Authority. None of the dwellings shall be occupied until the footway link has been constructed in accordance with the approved details and is available for use.

Reason: To ensure the safe and free flow of traffic on the highway and to conform to the requirements of policies SS4 and MT1 of Herefordshire Local Plan Core Strategy Plan, policy T1 and T3 of the Eardisley Neighbourhood Development Plan and the National Planning Policy Framework

Housing Mix

The reserved matters submission pursuant to Condition 1 shall include a scheme setting out the number, size and type of both open market and affordable dwellings to be provided. The scheme shall include a schedule outlining the number of 1, 2, 3 and 4(+) bedroom dwellings to be delivered in both open market and affordable tenures, with the overall mix being in general accord with the Herefordshire Housing Market Needs Assessment 2021 (or any successor document adopted by the LPA). The supplied scheme shall include provision for a minimum of 1 x open market bungalow.

Reason: To ensure the scheme provides a range of open market and affordable housing sizes which reflects local demand and contributes to the creation of balanced communities in accordance with the Council’s Housing Market Needs Assessment, policies RA2 and H3 of the Herefordshire Local Plan Core Strategy, SD1 and H5 of the Eardisley Neighbourhood Development Plan and the National Planning Policy Framework.

Approval of Driveway Specification

Prior to the first occupation of any dwelling to which this permission relates an area for car parking shall be laid out within the curtilage of that property, in accordance with a specification which has first been submitted to and approved in writing by the Local Planning Authority. 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 and SS4 of Herefordshire Local Plan Core Strategy, policies H5 and T2 of the Eardisley Neighbourhood Development Plan and the National Planning Policy Framework.

Approval of On-site Roads

Development shall not begin in relation to the provision of on-site roads and highways drainage infrastructure until the following details are submitted to and approved in writing to the local planning authority:

- Construction Specification and Surface finishes

- Drainage details

- Future maintenance arrangements

The development shall be carried out and thereafter maintained in accordance with the approved details

Approval of outstanding Landscaping

Prior to the first occupation of any dwelling hereby approved, the following details shall be submitted to the Local Planning Authority for written approval:

• A detailed planting specification for all new boundary hedgerows

• Details of all new hard boundary features (fences or walls)

The details shall be based on the indicative locations shown on plan PPA-W-03-D.

Reason: In the absence of sufficient or adequate detail on the supplied plans, further information is required in relation to the proposed boundary treatments to ensure these are appropriate to the context and assist the development in assimilating with the surrounding area, as required by policies LD1, LD2 and LD3 of the Herefordshire Local Plan Core Strategy, policies SD1, H7 and E4 of the Eardisley Group Neighborhood Development Plan and the National Planning Policy Framework.

Landscape Maintenance

Prior to the first occupation of any dwelling hereby approved, a detailed schedule of landscape maintenance for a period of 10 years shall be submitted to and approved in writing by the local planning authority. The maintenance shall subsequently 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, policies SD1, H7 and E4 of the Eardisley Group Neighborhood Development Plan and the National Planning Policy Framework.

Cycle Storage

Prior to the first 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, policy T3 of the Eardisley Neighbourhood Development Plan and the National Planning Policy Framework.

Approval of Foul and Surface Water Drainage

Prior to the first occupation of the development details of the proposed foul and surface water drainage arrangements shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented before the first occupation of any of the dwellings hereby permitted and thereafter maintained in perpetuity.

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, policy SD1 of the Eardisley Neighbourhood Development Plan and the National Planning Policy Framework.

Compliance and Monitoring Conditions

Implementation of Landscaping

The scheme of landscaping shall carried out in accordance with the details shown on approved plan PPA-W-03-D, except where stipulated otherwise by conditions attached to this permission. All planting, seeding or turf laying in the approved landscaping scheme shall be carried out in the first planting season following the first 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 5 years of planting will be replaced in accordance with the approved plans. The hard landscaping measures shall be carried out concurrently with the development and completed prior to first occupation.

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; policies SD1, H5 and H7 of the Eardisley Neighbourhood Development Plan and the National Planning Policy Framework.

Implementation of Biodiversity Enhancement

The scheme of ecological enhancement measures shown on approved plan PPA-W-03-D shall be implemented in full prior to first occupation of any dwelling and thereafter shall be maintained in perpetuity, unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that biodiversity enhancement measures are secured 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 and Countryside Act 1981, National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy (2015) policies SS1, SS6 LD1, LD2 and LD3; and the council’s declared Climate Change and Ecological Emergency

External Lighting Restrictions

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

Hours of Working

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 7.00am - 6.00pm, Saturday 8.00am -1.00pm 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 the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

INFORMATIVES:

1.	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.	A public right of way crosses the site of this permission. The permission does not authorise the stopping up or diversion of the right of way. The right of way may be stopped up or diverted by Order under Section 257 of the Town and Country Planning Act 1990 provided that the Order is made before the development is carried out. If the right of way is obstructed before the Order is made, the Order cannot proceed until the obstruction is removed.
3.	This permission does not authorise the laying of private apparatus within the confines of the public highway. The applicant should apply to Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford HR2 6JT, (Tel: 01432 261800), for consent under the New Roads and Streetworks Act 1991 to install private apparatus within the confines of the public highway. Precise details of all works within the public highway must be agreed on site with the Highway Authority. A minimum of 4 weeks notification will be required (or 3 months if a road closure is involved). Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to coordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public).Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.
4.	This planning permission is pursuant to a planning obligation under Section 106 of the Town and Country Planning Act 1990.
5.	The attention of the applicant is drawn to the provisions of the Wildlife and Countryside Act 1981 (as amended). This gives statutory protection to a number of species and their habitats. Other animals are also protected under their own legislation. Should any protected species or their habitat be identified during the course of the development then work should cease immediately and Natural England should be informed. They can be contacted at: Block B, Government Buildings, Whittington Road, Worcester, WR5 2LQ. Tel: 0300 060 6000. The attention of the applicant is also drawn to the provisions of the Conservation of Habitats and Species Regulations 2010. In particular, European protected animal species and their breeding sites or resting places are protected under Regulation 40. It is an offence for anyone to deliberately capture, injure or kill any such animal. It is also an offence to damage or destroy a breeding or resting place of such an animal.
6.	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'.

Supporting documents: