Proposed erection of self-build dwelling and ancillary outbuildings and creation of access.

Application approved in accordance with the case officer’s recommendation.

Councillor Simeon Cole acted as the local ward member for the following application.

 

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 De La Hay, the applicant, spoke in support of the application.

 

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained that the proposal was contrary to elements of the Walford neighbourhood development plan (NDP). The proposal did not accord with Walford NDP policies WALF2 and WALF20. The proposed development did not respect the character of the area, the contemporary design was at odds with other local properties and was too far from existing homes to accord with the requirements of the NDP for new properties. Drainage from the site was a significant concern and questions had been raised regarding the suitability of the compost toilet on the site and the impact this was likely to have on other local properties and water courses. In addition there were concerns about the smell produced from the compost toilet. There was concern that run off from the compost toilet would enter water courses and eventually the river Wye. Before any approval for the application was considered an Environment Agency drainage permit should be secured by the applicant. The impact of the development on the local landscape and views in the area meant the application was contrary to Core Strategy policies SD1 and LD1 and NDP policies WALF17 and WALF4. Due to the inconsistencies of the proposed development with the NDP and the Core Strategy the application should be refused.

 

The committee debated the application. The committee did not consider that the development had an adverse impact on the landscape as the property was lowered into the development site and was well screened. The use of a steel roof was questioned as being out of keeping with other local properties but it was felt that the property was modest and discreet and would not pose an unacceptable impact on the local landscape. It was noted that the local parish council had no objection to the application. The development had been subject to a habitats regulation assessment and drainage from the property would be subject to an Environment Agency permit.

 

Councillor Stef Simmons proposed and councillor Polly Andrews seconded a motion that the application be approved in accordance with the case officer’s recommendation.

 

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

 

RESOLVED:

 

That planning permission be granted subject to the following conditions and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

 

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 [(drawing nos. TPG-409-P-350; TPG-409-P-500; TPG-409-P-550; TPG-409-P-300; Garden Shed Elevations, Validated 7 August 2024 ; Greenhouse Elevations, Validated 7 August 2024 )], 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, Policies WALF4, WALF6, WALF10, WALF17 and the National Planning Policy Framework.

 

3.     No development shall take place until the following has been submitted to and approved in writing by the local planning authority:

 

a)   a Preliminary Risk Assessment report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice

 

b)  if the risk assessment in (a) 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 (b) 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: 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.     The Remediation Scheme, as approved pursuant to condition 3 above, shall be fully implemented before the development is first occupied.  On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted and agreed in writing before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

 

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.

 

5.     Unless otherwise approved in writing by the Planning Authority:

 

·       All foul water created by the dwelling permitted under this permission shall be managed by a composting toilet system with solids and liquids being separated and stored for further management.

·       All solids created by the composting toilet shall be subject to a dry composing process for a period not less than 12 months and then shall be used a fertiliser within the curtilage of the permitted dwelling.

·       All liquids created by the composting toilet shall be used a fertiliser within the curtilage of the permitted dwelling.

·       The permitted foul water system shall be managed and maintained as approved.

 

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, SD3, SD4, LD1, LD2 and LD3 and the council’s declared Climate & Ecological Emergency.

 

6.     Unless otherwise approved in writing by the Planning Authority:

 

·       All ‘grey water’ created by the dwelling permitted under this permission shall be managed by a designed ‘WET’ system as detailed in approved plans

·       No discharge or outfall of any grey water outside of the curtilage of the approved dwelling shall occur at any time.

·       The permitted WET grey water management system shall be managed and maintained as approved.

 

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, SD3, SD4, LD1, LD2 and LD3 and the council’s declared Climate & Ecological Emergency.

 

7.     The ecological protection, mitigation, compensation and working methods scheme including the Biodiversity Enhancements, as recommended in the report by New ways Ecology dated 25 July 2024 shall be implemented and hereafter maintained in full as stated.

 

Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), Herefordshire Local Plan -  Core Strategy  policy LD2.

 

8.     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

 

9.     lf 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, a Method Statement for remediation.

 

The Method Statement must detail how this unsuspected contamination shall be dealt with. A verification (validation) report demonstrating completion of the works set out in the method statement shall be submìtted to and approved in writing by the Local Planning Authority. The report shall include results of any sampling and monitoring. lt shall also include any plan (a long-term monitoring and maintenance plan) for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action and for the reporting of this to the Local Planning Authority.

 

Reason: To ensure that any unexpected contamination is dealt with, and the development complies with approved details in the interests of protection of ground and surface waters, Policy SD1 of the Herefordshire Local Plan- Core Strategy and the National Planning Policy Framework.

 

10.  Before any other works hereby approved are commenced, 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 26 metres to the South west and 30m to the North East along the nearside edge of the adjoining carriageway.  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, Policy WALF12 of the Walford Neighbourhood Development Plan  and the National Planning Policy Framework.

 

11.  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: 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.

 

12.  Prior to commencement of works above the damp course hereby approved a landscape scheme shall be submitted and approved in writing by the local planning authority.  The scheme shall include a scaled plan identifying:

 

                         a.       Trees and hedgerow to be retained, setting out measures for their protection during construction, in accordance with BS5837:2012.

                         b.       Trees and hedgerow to be removed.

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

                         d.       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, Policies WALF6 and Policy WALF17 of the Neighbourhood Development Plan  and the National Planning Policy Framework.

 

13.  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.

 

14.  Prior to first use of any dwelling approved under planning permission, evidence such as photographs or ecologists report of the suitably placed installation on the approved buildings, or on other land under the applicant’s control, of a minimum of FOUR bird nesting features and TWO bat roosting features, of mixed types; and hedgehog highways through all impervious boundary features, should 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), Environment Act, LURA, Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD2; and the Council’s declared Climate & Ecological Emergency.

 

15.  Prior to the first occupation of the dwelling hereby approved an area shall be laid out within the curtilage of the property for the parking and turning of 1 cars 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 that area 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

 

16.  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 the dwellinghouse and thereafter maintained for the lifetime of the development.

 

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

 

17.  All planting, seeding or turf laying in the approved landscaping scheme (Condition 12) 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, Policies WALF6 and Policy WALF17 of the Neighbourhood Development Plan and the National Planning Policy Framework

 

18.  Any new access gates/doors shall be set back 5 metres from the adjoining carriageway edge and shall be made to open inwards only.

 

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.

 

19.  Within six months of any of the solar panels/photovoltaic panels hereby permitted becoming redundant, inoperative or permanently unused, those panels and all associated infrastructure shall be removed and re-used, recycled, the materials recovered, or be finally and safely disposed of to an appropriate licensed waste facility, in that order of preference.

 

Reason:  To ensure a satisfactory form of development, avoid any eyesore from redundant plant, prevent pollution, and safeguard the environment when the materials reach their end of life, in accordance with Policies SD1 and SD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

20.  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 dwellinghouses 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.

 

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 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.	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), with enhanced protection for special “protected species” such as Great Crested Newts, all Bat species, 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.
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 Living Places (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford HR2 6JT, (Tel. 01432 349517),, 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 co-ordinate 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 845900.
4.	This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Balfour Beatty Living Places (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford HR2 6JT, (Tel. 01432 349517)), shall be given at least 28 days' notice of the applicant's intention to commence any works affecting the public highway so that the applicant can be provided with an approved specification, and supervision arranged for the works.   Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to co-ordinate 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 845900.
5.	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.
6.	Any work involving the removal or disturbance of ground or structures supporting or abutting the publicly maintained highway should be carried out in accordance with details to be submitted to and approved in writing by the Highway Authority or their agent.  Please contact Balfour Beatty Living Places (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford HR2 6JT, (Tel. 01432 349517).

 

 

 

Councillor Cole resumed his seat on the committee.