Agenda item

222138 - LAND AT THREE ELMS, NORTH EAST QUARTER TO THE NORTH EAST OF HUNTINGTON AND BOUNDED BY THREE ELMS ROAD AND ROMAN ROAD, HEREFORD, HEREFORDSHIRE, HR4 7RA

Meeting of Planning and Regulatory Committee, Wednesday 19 November 2025 10.00 am (Item 43.)

Outline Planning application with all matters reserved, except access, for the first phase of an urban extension comprising up to 350 homes (Use Class C3); and a care home (Use Class C2), park & choose interchange; together with open and play space, landscaping, infrastructure and associated works.

Decision:

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

Minutes:

The principal planning officer provided a presentation on the application and the updates/representations received following the publication of the agenda. Correspondence received from Heineken's legal team, after the publication of the updates sheet, was raised confirming their position relating to water supply.

In accordance with the criteria for public speaking, Mr Milln, spoke on behalf of Herefordshire City Council, Mr Hull, local resident, spoke in objection to the application and Mrs Barrett-Mudhoo, spoke in support on behalf of the applicant.

In accordance with the council's constitution a statement was read on behalf of the local ward member. In summary, he explained that flooding was a problem on the proposed site and incidents of flooding locally would be exacerbated by the development. Traffic in the area was a significant concern and the proposed development would add to problems with congestion on the local highways. There was also concern that additional houses in the locality and the consequent increase in traffic movements would result in an adverse impacts on highway safety, particularly for school children accessing local schools. It was queried whether there were sufficient local services to accommodate the additional houses and residents proposed by the new development. It was noted that the development would result in the loss of prime arable land. The application would result in the loss of access to the open countryside and the enjoyment of local footpaths. There would be an increase in the level of pollution caused by the additional traffic movements associated with the site. There would be a loss of natural and agricultural habitat and it was not obvious, in the application, how this would be mitigated.

In accordance with the council's constitution a statement was read on behalf of the adjoining ward member. In summary, she explained that the development would exacerbate existing congestion issues on the highways in the local area and have an adverse impact on highway safety. Traffic leaving the proposed site would have difficulty joining the flow of traffic along Roman Road and Three Elms Road. In addition, the proposed access onto Roman Road would be on a section of the road with the national speed limit of 60 mph which was hazardous; Roman Road was noted as a problem area for speeding. The proposed access for Roman Road was also to be situated in close proximity to a children’s play area on the Tillington Road. It was understood that traffic calming measures could be introduced but there would be increased noise from traffic which would have an unacceptable impact on residential amenity. It was requested that the applicant discuss with the council the possibility of making the old Tillington Road from the South one way to overcome problems involving the build up of traffic on the Roman Road during peak times.

The committee debated the application and was divided as to the acceptability of the application; the following principal points were raised:

The need for the site had been established as a contribution towards the expansion of Herefordshire city and the building of houses locally;
It was queried whether it was safe to build on the land given the topography of the proposed site, the nature of the soil and the aquifer located beneath the application site. The stability of the north portion of the site was questioned; set on a steep slope upon unstable soil;
There were serious concerns regarding the application and significant objections had been received. In light of concerns about the safety of the site and the level of opposition locally it was not felt that the application should be approved, even in outline form. There was no guarantee that the reserved matters application would return to committee for determination therefore the outline permission should not be approved;
The site was a strategic development site identified within the local plan;
There was significant evidence of negotiation between the highways department and the applicant; the work undertaken by highways during assessment of the application and the impacts on local highways had resulted in a reduced application for up to 350 houses;
It was noted there were no objections from Natural England, the Environment Agency, the highways department or ecology consultees;
There were concerns regarding the protection of the aquifer below the site, particularly in light of the concerns raised by Heineken;
The proximity of the site access to the Tillington Road junction onto Roman Road was a concern and would have an adverse impact on highway safety. A lot of agricultural traffic used Roman Road which contributed towards concerns regarding highway safety;
Active travel measures from the site were supported and should be emphasised in the permission and any later applications concerning the site;
It was noted that standing water concerns had been raised regarding the roundabouts proposed in the highway scheme;
It was the contention of some members of the committee that the application should be deferred to allow for additional information regarding the environmental constraints and the production of a geophysical survey. It was queried why no foundation risk assessment had been undertaken previously, prior to the submission of the application.

The development manager and highways adviser provided the following points of clarification:

The application before the committee required a consideration of whether the principle of development and the proposed access arrangements were acceptable on the site;
A more detailed application would follow at the reserved matters stage. The process to consider an outline application at the initial stage was a procedure permitted in law. The reserved matters application would return to the committee for determination if constitutional requirements were met;
During assessment of the current application, technical constraints had been considered and it had been assessed whether mitigation could be utilised to overcome issues regarding flooding matters and ecological concerns.
The access onto Roman Road had been the subject of technical reviews and junction modelling which had concluded an acceptable form of junction;
A speed limit was proposed on Roman Road of 40 mph and the right turn filter would result in the narrowing of the carriageways on the highway;
Conditions were imposed to identify and clarify the private water supply for the development but conditions could not be applied to prevent the use of detergents or other household products;
The highways network within which the access to the site was located would be significantly reconfigured with elements including crossing points, narrowing of carriageways and cycling and pedestrian paths. These alterations would result in a significantly different road environment to mitigate highway safety concerns;
Amendments to the highway scheme could be incorporated at a later date if there were further flooding and drainage issues identified;
An in principle decision could be taken following an assessment of the known constraints with the site. With regards to the ground conditions and geotechnical issues, sufficient assessments had been undertaken to allow the application to be brought before the committee. The application was for up to 350 houses and it may be the case that some were not built as a consequence of further investigation into matters concerning the proposed development site.

Councillor Bruce Baker proposed and Councillor Dave Davis 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 subject to the completion of a Section 106 Town & Country Planning Act 1990 obligation agreement (Draft Agreement to be published for a minimum of 10 working days prior to determination) officers named in the Scheme of Delegation to Officers are authorised to grant Outline planning permission with all matters reserved except access subject to the conditions below and any other further conditions (or amendments) considered necessary.

Standard

Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of four years from the date of this permission.

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

Each phase of the development hereby permitted shall be begun either before the expiration of four 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 for that phase, whichever is the later.

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

Approval of the details of the layout, scale, appearance and landscaping (hereinafter called "the reserved matters") for a phase shall be obtained from the Local Planning Authority in writing before any development on that phase 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, LD1, LD2, LD3, LD4, HD5, MT1, OS1, OS2 of the Herefordshire Local Plan Core Strategy and the guidance contained within the National Planning Policy Framework.

The development shall be carried out strictly in accordance with the approved plans as far as it relates to access:

· Three Elms Site Boundary: Ref 00342_S_05 Rev P2

· 105572-T-002 (Rev G) – Proposed Site Access Arrangements – A4103 Roman Road

· 105572-T-006 (Rev M) – Site Access Arrangement Three Elms Road

· 105572-T-007 (Rev H) – Proposed Whitecross Road Arrangement

· 105572-T-010 (Rev E) - Proposed Footway/Cycleway Three Elms Road

except where otherwise stipulated or approved 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, MT1 and HD5 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

The reserved matters applications should be in general in accordance with the following plans:

Building Heights Parameter Plan – 00342_PP_03 Rev P5
Updated Parameter Plan: Access – 00342 _PP04 Rev P8
Green Infrastructure Ref - 00342 _PP_02 Rev P9
Land Use Parameter Plan- 00342 PP_01 Rev P9

Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1, MT1 and HD5 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

Pre-commencement

Prior to the commencement of the development, a Development Phasing Plan shall be submitted to and approved in writing by the Local Planning Authority identifying the geographical phasing, if any, for the development and shall specify the following:

Residential phases
Infrastructure phases
Care home Phase
Park and Choose
Timing of delivery of on-site highway works (including but not limited to on site roads, footways, cycleways)
Timing of delivery of on-site public open space
Procedures for amending the phasing plan if subsequently deemed necessary.

The development shall be constructed in accordance with the agreed phasing plan (as may be amended in accordance with this condition).

Reference in this permission to a “phase” shall be a reference to a phase as shown on the agreed phasing plan.

Reason: To clarify the delivery of the proposed development (in relation to conditions and RM submissions) and ensure the acceptable phasing of the construction so as to ensure no detriment to the safe operation of the highway network and the timely provision of necessary infrastructure. This is to ensure compliance with Herefordshire Local Plan – Core Strategy Policies HD5, SD1, SS4, SS7, MT1, OS3

Prior to any works or site preparation commencing on a phase, a detailed Construction Environmental Management Plan (CEMP) for that phase – including details of the person responsible for the implementation of the CEMP, shall be supplied to the LPA for written approval.

The approved CEMP shall be implemented in full for the duration of all construction works at the phase unless otherwise approved in writing by the local planning authority.

The Plan shall include

Construction Management

a) Hours of working

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

c) Construction traffic access location and specification

d) Parking for site operatives

e) Construction Traffic Management Plan

f) Travel plan for operatives.

g) Siting of site compound / site offices (including stack heights) and storage areas

Environmental Management

a) An arboricultural report relating to any trees on or adjacent to the phase and details of any tree protection measures and method statements for works within root protection areas in accordance with BS5837:2012

b) Dust management and mitigation measures

c) Ecological risk avoidance measures based on site conditions

d) Where a phase includes any headwall or other works within or directly adjacent to the Yazor Brook, ecological working methods and measures to mitigate any likely effects, including biosecurity and direct water quality protection measures. The matters set out in paragraph 6.1 of the Tetra Tech Mitigation Plan dated June 2022

e) An Emergency Response Plan addressing the matters set out in paragraph 7.1 of the Tetra Tech Mitigation Plan dated June 2022

f) Details of how soils will be protected during and after construction

Reason: In the interests of amenity and highways safety and 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 HD5, SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.

Prior to any works or site preparation commencing on a phase, a Materials Management Plan (MMP) shall be submitted to and approved in writing by the Local Planning Authority. The MMP will detail how the site construction materials and excavated materials are to be managed by the appointed contractor. The plan shall estimate the extent to which on site materials extracted during the proposed development would meet specifications for use on site and outline the amount of material which could be reused on site. For material which cannot be used on-site, the MMP will specify its movement to either an aggregate processing plant or for re-use on another development site. The development shall then be carried out in accordance with the approved MMP. During the construction phase an annual return of material used on site and the amount returned to an aggregate processing plant shall be provided on request to the Local Planning Authority and Mineral Planning Authority.

Reason: In the interest of conserving and managing all available mineral across the site and to ensure, manage and co-ordinate the protection and enhancement of the environment in accordance with the requirements of Policies HD5, SD1, SD3, SD4, LD1, LD4 of the Herefordshire Local Plan – Core Strategy and of the Herefordshire Minerals and Waste Local Plan.

Any reserved matters applications relating to the reserved matter of Landscaping submitted pursuant to Condition 1 shall be accompanied by the following:

A scaled plan identifying:

Trees and hedgerow to be retained,
Trees and hedgerow to be removed.
Details of all proposed planting, accompanied by a written specification setting out the proposed species, size, quantity, density with cultivation details.
Details of all proposed hardstanding and boundary treatments.

Reason: To safeguard and enhance the character and amenity of the area in order to accord with policies HD5, SS6, LD1 and LD3 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework

Prior to the occupation of any dwelling or the care home on a phase, a detailed Landscape Ecological Management Plan for that phase (to include management specifications for relevant features in that phase identified in the Ecological Mitigation Strategy and a minimum 30 year establishment management scheme) shall be submitted to and approved by the Local Planning Authority. The approved scheme shall be complied with.

Reason: To ensure the future establishment of the approved scheme, in order to conform with policies HD5, SS6, LD1 and LD3 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

Prior to the commencement of any development, a site wide Ecological Mitigation Strategy, which addresses ecological protection, mitigation, compensation and enhancement shall be submitted to and approved in writing by the Local Planning Authority, including but not limited to.

a) Description and evaluation of existing ecological features to be retained and managed, and the purpose and conservation objectives for the proposed works;

b) A minimum 10 m buffer along the length of the Site’s northern boundary as outlined on drawing PP-09-P9 (to be excluded from the curtilage of residential plots and with no public access – access to this area shall be for management purposes only)

c) The retention and enhancement of the boundary hedgerow on the northern boundary of the Site

d) For Otters:

(i) No new bridge crossings on the Yazor Brook.

(ii) Retention of the Yazor Brook and associated riparian habitats with a minimum 20 m buffer between the watercourse and built development.

e). For Skylarks:

(i) 11.59 ha of green space (47%) to be provided with 50% as managed species-rich grassland for wildlife (including for the nesting skylark) and 30% for amenity (the detailed location to be confirmed at the reserved matters stage)

(ii) Other habitats and mitigation as outlined in the Extended Phase 1 survey by EDP dated September 2021 of the Ecological briefing note by EDP dated December 2023

f) The installation of a minimum of 175 bird nesting boxes (mixed types), 105 bat roosting features (such as bat boxes or bricks), 35 insect habitats, 35 hedgehog homes and hedgehog highways through impermeable boundary features

The reserved matters applications submitted pursuant to condition 1 shall be in broad compliance with the approved Strategy.

Reason: To ensure that biodiversity net gain is secured and habitats enhanced 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 HD5, SS1, SS6 LD1, LD2 and LD3; and the council’s declared Climate Change and Ecological Emergency and the National Planning Policy Framework

The Off-Site Active Travel Measures referred to in these conditions shall be the measures shown in principle on Pell Frishmann drawing numbers [105572-T-001 (Rev J), 105572-T-004 (Rev I), 105572-T-005 (Rev I), 105572-T-009 (Rev F), 105572-T-008 (Rev I), 105572-T-006 (Rev M), 105572-T-023 (Rev D), 105572-T-200001 (Rev I), 105572-T-200002 (Rev G), 105572-T-200003 (Rev H) and 105572-T-200004 (Rev C)], 105572-T-011 Rev E

No development shall commence until full engineering details of the Off-site Active Travel Measures including their specification have been submitted to the Local Planning Authority for approval.

The full engineering details shall include details of pedestrian and cycling priority and improvements, review of speed limits (on Grandstand Road), gateway features, crossings, and junction improvements with the aim of providing improved active travel connectivity to meet design standards and improve safety for all users along the relevant routes.

Reason: In the interests of highway safety and to conform with the requirements of Policy MT1 and HD5 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Prior to commencement of development, a surface water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority.

The scheme shall be informed by an assessment of the hydrological and hydrogeological context of the development and shall include additional infiltration testing and the proposed timetable for implementation alongside phases of the development.

The surface water drainage scheme shall contain details of any broken pipes and the management of runoff from Roman Road where relevant. The drainage scheme shall be implemented in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority.

Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policies HD5, SD3 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Prior to commencement of any development, a detailed foul water drainage scheme shall be submitted to and approved in writing by the Local Planning Authority in consultation with Welsh Water.

The foul water drainage scheme design shall be informed by an assessment of the hydrological and hydrogeological context of the development and take account of the groundwater vulnerability and sensitive groundwater resources. The scheme shall include the proposed timetable for implementation alongside phases of the development.

The scheme shall be implemented in accordance with the approved details.

Reason: 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.

Prior to commencement of development in a phase an excavation strategy for that phase shall be submitted to and approved in writing by the LPA based on the latest SPZ extents at the time of submission published by the EA and the following principles:

SuDS ponds and flood storage areas constitute ‘wide’ excavations;
Lining of SuDS ponds is acceptable as a form of mitigation (with very robust lining in SPZ1);
Lining of a flood storage area is not considered to be a practical option;
The strategy should take account of the thickness of till (boulder clay) over the aquifer (as per Appendix E of the ‘Flood Risk Assessment & Drainage Strategy’ dated 12th June 2024) – this applies to both the left and right banks of Yazor Brook and permeability should also be considered;
All excavations in SPZs to be minimized to far as reasonably practicable taking account of the overall approach set out below
In SPZ 1: SuDS ponds are permitted with a very robust lining. No flood storage excavations are permitted.
In SPZ 2: 2.0m of till cover shall be maintained; save for SuDS ponds where lining is provided, in which case till cover can be reduced to 1.5m.

The scheme shall be implemented in accordance with the approved excavation strategy unless otherwise agreed in writing with the Local Planning Authority.

Prior to commencement of any development in a phase the following shall be submitted to and approved in writing by the Local Planning Authority in that relevant phase:

a) a 'desk study' 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 in that phase 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 HD5, SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Prior to any development commencing in a phase, excluding site preparation works, a detailed plan and specifications for that phase of measures (including the use of natural planting and features and / or artificial fencing and / or similar features and measure to increase public awareness with interpretation-signage) to manage and control the recreational use of footpaths and open space to ensure that there is no disturbance effects to the Yazor Brook wildlife corridor) shall be supplied to the Local Planning Authority for written approval.

The approved plan and specifications shall be implemented in full 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 HD5, SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.

No development shall take place in a phase until the developer has secured the implementation of a programme of archaeological survey and recording for that phase [to include recording of the standing historic fabric and any below ground deposits affected by the works].

This programme shall be in accordance with a written scheme of investigation which has been submitted to approved by the Local Planning Authority.

Reason: To allow for recording of the building/site during or prior to development and to comply with the requirements of Policy HD5 and LD4 of the Herefordshire Local Plan – Core Strategy. The brief will inform the scope of the recording action and the National Planning Policy Framework.

Prior to commencement of any development in each phase.

A geophysical survey to determine the presence and thickness of glacial till across that phase shall be undertaken to inform the design of the:

• Formation & finished floor levels;

• Detailed drainage plans;

• Foundation;

• SuDS basins; and

• Flood storage basins.

The results of the survey shall be submitted to and approved in writing by the Local Planning Authority.

A foundation risk assessment for that phase shall be submitted to and approved by the LPA, supported by results of the geophysical survey and ground investigations for that phase and on-site and laboratory testing as appropriate.

The development shall be completed in accordance with the approved details.

Reason: To ensure any necessary surveys are undertaken to ensure that the site is satisfactorily assessed and to comply with Policy HD5, SD1 and SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

Prior to any development commencing on site a Bus Service and Infrastructure Audit shall be submitted to and approved by the Local Planning Authority in writing following consultation with Local Highway Authority.

The development shall not be occupied until the approved works as listed within the Bus Service and Infrastructure Audit have been constructed in accordance with the approved details.

Reason: To ensure the safe and free flow of traffic on the highway and to conform with the requirements of Policy HD5 and MT1 of Herefordshire Local Plan – Core Strategy Plan [and the National Planning Policy Framework].

Prior to any development commencing on site a Resource Audit shall be submitted to the local planning authority including the following;

• Details of how the site excavated materials are to be managed on site;

• For excavated material which cannot be used on site, the proposals for movement to either an aggregate processing plant or for re-use on another development site;

• Details of the amount and type of construction aggregates required and their likely source;

• The steps to be taken to minimise the use of raw materials (including hazardous materials) in the construction phase, through sustainable design and the use of recycled or reprocessed materials;

• The steps to be taken to reduce, reuse and recycle waste (including hazardous wastes) that is produced through the construction phase;

• The type and volume of waste that the development will generate (during the construction phases);

• Any on-site waste recycling facilities to be provided (both through the construction and operational phases);

• End of life considerations for the materials used in the development; and

• Embodied carbon and lifecycle carbon costs for the materials used in the development.

Construction works shall thereafter be carried out in full accordance with the details of the approved Resource Audit unless agreed in writing by the Local Planning Authority.

Reason: In the interest of conserving and managing all available materials across the site and to ensure that the treatment and handling of any site waste is managed and co-ordinated in the interests of pollution prevention and efficient waste minimisation and management so as to comply with Policy SP1 of the Herefordshire Minerals and Waste Local Plan, Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Development shall not begin in relation to each of the specified highways works to be undertaken at the Whitecross Roundabout and Three Elms Road vicinity until details of the relevant works have been submitted to and approved by the Local Planning Authority in writing following the completion of the technical approval process by the Local Highway Authority.

The development shall not be occupied until the scheme at Three Elms Road has been constructed in accordance with the approved details. Prior to occupation of the 25^th dwelling, the scheme at Whitecross Road shall be constructed in accordance with the approved details.

Pre-occupancy or other stage

Prior to the first occupation of any dwelling within any residential phase, a scheme to enable the charging of plug in and other ultra-low emission vehicles (e.g. provision of cabling and outside sockets) to serve the occupants of the dwellings within that phase shall be submitted to and approved in writing by the Local Planning Authority. The works serving each dwelling shall be carried out in accordance with the approved details prior to the occupation of that dwelling.

Reason: To address the requirements policies in relation to climate change HD5, SS7, MT1 and SD1 of the Herefordshire Local Plan Core Strategy, to assist in redressing the Climate Emergency declared by Herefordshire Council and to accord with the provisions at paragraphs 108 and 110 of the National Planning Policy Framework

The Off-site Active Travel Measures and mitigation as set out in condition 12 and subsequently approved by the Local Planning Authority will be practically completed and open for use prior to the occupation of the 25th dwelling, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure the safe and free flow of traffic on the highway and to conform to the requirements of Policy MT1 and HD5 of Herefordshire Local Plan – Core Strategy Plan and the National Planning Policy Framework

Prior to the first occupation/use of the development hereby approved, a Travel Plan for the residential development, which contains measures to promote alternative sustainable means of transport for occupiers of and visitors to the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority.

The approved Travel Plan shall be implemented on the first occupation of any dwellings.

A detailed written record shall be kept of the measures undertaken to promote sustainable transport initiatives and a review of the Travel Plan shall be undertaken annually for a minimum of 10 years. All relevant documentation shall be made available for inspection by the Local Planning Authority upon reasonable request.

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives and to conform with the requirements of Policies HD5,SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Prior to the first occupation/use of the Care Home, a Travel Plan for the care home which contains measures to promote alternative sustainable means of transport for staff and visitors to the care home shall be submitted to and approved in writing by the Local Planning Authority.

The Travel Plan shall be implemented, in accordance with the approved details, on the first occupation of the care home A detailed written record shall be kept of the measures undertaken to promote sustainable transport initiatives and a review of the Travel Plan shall be undertaken annually. All relevant documentation shall be made available for inspection by the local planning authority upon reasonable request.

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives and to conform with the requirements of Policies HD5, SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

The reserved matters applications submitted pursuant to Condition 1 relating to dwellings shall be accompanied by an Acoustic Design Statement which demonstrates in full that Stage 2 Elements 1-4 of the above guidance have been met.

The Acoustic Design Statement shall evidence that internal noise levels outlined within Element 2 of the ProPG Internal Noise Level Guidelines can be met. (Satisfactory noise levels to be achieved in as many noise sensitive rooms in as many houses as possible with the windows partially open) and include an external amenity noise assessment in accordance with Element 3 of the ProPG Guidance. (Satisfactory external amenity levels to be achieved are 50dB on a green field site at as many dwellings as possible. Within the Acoustic Design Statement assess all other relevant issues in accordance with Element 4 of the ProPG Guidance. ProPG: Planning and Noise* Professional Practice Guidance on Planning & Noise New Residential Development Published by the Association of Noise Consultants, the Institute of Acoustics and the Chartered Institute of Environmental Health.

The approved measures for each dwelling shall be implemented before the first occupation or use of that dwellings and thereafter maintained.

Reason: In the interests of the residential amenity of future residents in accordance with policy HD5 and SD1 of The Herefordshire Core Strategy and National Planning Policy Framework.

The Remediation Scheme, as approved pursuant to condition no. 16 above, shall be fully implemented before the development is first occupied in each phase. 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.

Compliance Conditions

The approved bird nesting boxes, bat roosting features, insect habitats, hedgehog homes and hedgehog highways shall be maintained as approved unless otherwise agreed in writing by the Local Planning Authority.

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 HD5, LD1, LD2 and LD3.

The reserved matters applications submitted under condition 1 relating to a residential phase shall be accompanied by 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.

The development shall be carried out in accordance with the approved details.

Reason: To ensure compliance with Policies HD5, SS7, SD3 and SD4 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

The flood storage areas shall be carried out in accordance with the drawing reference A072489-2 TTE 00 ZZ PL C SK008 P09 (or any revised drawings approved by the Local Planning Authority to reflect the outcome of the geophysical survey) and in compliance with the approved excavation strategy requirements of Section 10.1 of the Tetra Tech Mitigation Plan in the relevant phase unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure compliance with Policies HD5, SS7, SD3 and SD4 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

As part of the reserved matters relating to Layout application a continuous and direct segregated footway/ cycleway (minimum of 3m in width) will provide a connection between the A4103 Roman Road and Three Elms Road through the site with connections leading directly to both the eastern site access junction and the Three Elms Road/Grandstand Road junction.

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting walking and cycling and to confirm with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

The reserved matters applications submitted under condition 1 shall include where relevant details for the provision for open space and play areas in accordance with the standards adopted by the Local Planning Authority.

The play area and open space shall be constructed in accordance with the approved details and be completed and made available for use prior to the first occupation of the dwellings in each phase hereby approved and thereafter retained.

Reason. In order to comply with the requirements of Policies HD5, OS1 and OS2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

All foul water shall discharge to a mains sewer connection, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to comply with 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 HD5, SS1, SS6, SD3, SD4 and LD2.

As detailed in the Flood Risk Assessment (784-A072489-2 Rev 11) by Tetra Tech all additional surface water shall be managed by swales with an attenuated direct discharge to the Yazor Brook.

Details of any floodlighting and external lighting in each phase proposed to illuminate the development shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development in that phase.

Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development.

Reason: To safeguard local amenities and to comply with Policies, LD2, HD5 and SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

If, during development, contamination not previously identified is found to be present at the site then no further development on that part of the site (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 for, a remediation statement detailing how this unsuspected contamination shall be dealt with.

Reason: In the interests of human health and to comply with policies HD5 and SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

The construction of the northern and eastern vehicular accesses shall be carried out in accordance with the details shown on (105572-T-002 (Rev G) – Proposed Site Access Arrangements – A4103 Roman Road) and 105572-T-002 (Rev G) – Proposed Site Access Arrangements – A4103 Roman Road to a gradient not steeper than 1 in 12.

Reason: In the interests of highway safety and to conform with the requirements of Policies HD5 and MT1 of 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, including any representations that have been received. Revised documents have been submitted during the course of the application assessment it has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.
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.
3	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.
4	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.
5	This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford, HR2 6JT (Tel: 01432 261800), 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 261800.
6	No work on the site should commence until engineering details of the improvements to the public highway have been approved by the Highway Authority and an agreement under Section 278 of the Highways Act 1980 entered into. Please contact the Senior Engineer, PO Box 236, Plough Lane, Hereford HR4 0WZ to progress the agreement.
7	The developer is required to submit details of the layout and alignment, widths and levels of the proposed roadworks, which shall comply with any plans approved under this planning consent unless otherwise agreed in writing, together with all necessary drainage arrangements and run off calculations. It is not known if the proposed roadworks can be satisfactorily drained to an adequate outfall. Adequate storm water disposal arrangements must be provided to enable Herefordshire Council, as Highway Authority, to adopt the proposed roadworks as public highways. The applicant is, therefore, advised to submit the engineering and drainage details referred to in this conditional approval at an early date to the Senior Engineer, PO Box 236, Plough Lane, Hereford HR4 0WZ for assessment and technical approval. No works on the site of the development shall be commenced until these details have been approved and an Agreement under Section 38 of the Highways Act 1980 entered into.
8	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.
9	The applicant's attention is drawn to the need to ensure that the provision of the visibility splay(s) required by this consent is safeguarded in any sale of the application site or part(s) thereof.
10	The applicant's attention is drawn to the requirement that, in all cases where an Agreement under Section 278 of the Highways Act 1980 is entered into, the street lighting will be installed by the developer of the site in accordance with the design issued by the Highway Authority and their design shall include any necessary amendments to the existing system.
11	In connection with the travel plan Conditions above, the applicant is advised that the annual Travel Plan Review must include a survey of staff/resident travel patterns and attitudes to travel. (For businesses employing less than 50 people and for residential developments of less than 50 units, a travel survey will only be required every two years). For residential developments, the review should also include traffic counts and an assessment of trips by mode. Applicants are encouraged to conduct their own monitoring and review process. However, they may choose to engage outside consultants to manage the process on their behalf. Council officers can also provide monitoring services for Travel Plan reviews and for this a request should be made to the Sustainable Transport Officer, Herefordshire Council Transportation Unit, PO Box 236, Plough Lane, Hereford, HR4 0WZ.
12	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'.
13	The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water Industry Act 1991. If the connection to the public sewer network Is either via a lateral drain (I.e. a drain which extends beyond the connecting property boundary) or via a new sewer (I.e. serves more than one property), It Is now a mandatory requirement to first enter Into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication "Sewers for Adoption"- 7th Edition. Further Information can be obtained via the Developer Services pages of www.dwrcvmru.com The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred Into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us In dealing with the proposal the applicant may contact Dwr Cymru Welsh Water on 0800 085 3968 to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.
14	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 PQA Page 12 of 15 enhanced protection for special “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.
15	This planning permission is pursuant to a planning obligation under Section 106 of the Town and Country Planning Act 1990.

There was an adjournment at 11:54 a.m.; The meeting reconvened at 12:08 p.m.

Supporting documents: