Agenda item

240309 - LAND NORTH OF LEYS HILL, BISHOPSWOOD, ROSS-ON-WYE, HEREFORDSHIRE

The proposed erection of 2 no. dwellings and associated works including access, landscaping and drainage.

Decision:

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

Minutes:

Councillor Cole acted as local ward member for the following application

 

The development manager 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, a statement was read on behalf of Walford Parish Council, Mr Saunders, local resident, spoke in objection to the application and Mr Thomas, applicant’s agent, spoke in support.

 

Councillor Jacqueline Carwardine left the meeting at 11:13 a.m.

 

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained the application was contrary to Walford neighbourhood development plan (NDP) policy 17 and core strategy policy RA2 as the proposal did not meet the local housing need of 2/3 bedroom houses. Furthermore, the application did not meet the requirements of NDP policies 2 and 4 and core strategy policies SS6 and LD1 as the proposed houses did not preserve or enhance the character of the area. The local area was adversely affected by in-filling and urbanisation. The current application was prominent in the landscape and the design of the houses was urban, out of keeping and dominant in the local setting. The council's principal environment officer had expressed concerns regarding the domineering nature of the houses and the adverse effects on the local landscape. The application proposed housing which did not meet the local housing need, which was contrary to core strategy policies SS2 and RA2 and NDP policy 17. The size, scale, bulk and design of the houses posed a harmful impact on the landscape which was contrary to core strategy policies SS6, RA1, RA2, LD1 and NDP policies 2 and 4.

 

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

 

  • The application proposed two additional dwellings in the local area which was not felt to be excessive and did not pose an adverse impact on the local landscape;
  • It was doubted whether the construction of 2/3 bedroom houses or affordable housing in the area was viable;
  • The site was allocated for development in the NDP but cumulative development in the area was a concern;
  • The proposed houses were felt to be in keeping with the style locally and the topography of the area;
  • The Levelling-up and Regeneration Act 2023 was raised and the greater weight that needed to be given to protection of national landscapes;
  • The visibility of the developments in the local setting was raised and it was queried weather the landscape and visual impacts assessment (LVIA) undertaken on the application was credible given it had not used views from Coppett Hill;
  • The slope of Lays Hill was highly visible in the surrounding area with the driveway proposed and vehicles providing reflective surfaces which would impact negatively on the national landscape;
  • It was noted that the size and scale of the houses had been adjusted during the application process and the number of houses proposed on site had been reduced from three to the current two;
  • The scale of the groundworks on site and its impact on the landscape was raised as a concern; The proposed swale and cut and fill would create an unnatural landform and adverse impact on the appearance of the development on the landscape.

 

The development manager provided the following points of clarification:

 

·       the LVIA had used views from across the valley and it was considered that the proposed houses would be seen within the context of other development adjacent to site. The cladding and timber roofing were felt to be less prominent than render; and

·       the applicant would be engaged to seek assurance that the groundworks on site would be within a scale that was not obtrusive on the landscape.

 

The local ward member was given the opportunity to close the debate. He explained that the application did not address local housing needs and was in disregard of a national landscape. The committee was urged to refuse the application.

 

Councillor Polly Andrews 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 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:

 

That planning permission be granted subject to the following conditions:

 

Standard Conditions

 

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 hereby approved shall be carried out strictly in accordance with the approved plans (drawing nos. ES085 P(0)001E; ES085 P(0)002C; ES085 P(0)003C; ES085 P(0)004C; ES085 P(0)005C; ES085 P(0)006C ES085 P(0)011A and Location Plan 05 March 2025).

Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area in accordance with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy, Polices WALF2, WALF6:, and WALF10  and the National Planning Policy Framework.

 

Pre Commencement Conditions

 

3.

 

 

 

 

 

 

 

 

 

 

 

Before any work; including site clearance or demolition begin or equipment and materials are moved on to site, a Construction Environmental Management Plan (CEMP) including a fully detailed and specified Ecological Working Method Statement and details of an appointed Ecological Clerk of Works, shall be supplied to the local planning authority for written approval. The approved CEMP shall be implemented and remain in place until all work is complete on site and all equipment and spare materials have finally been removed; unless otherwise agreed in writing by the local planning authority.

 

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 policies LD1, LD2 and LD3.

 

4.

 

No development shall commence until a revised surface water drainage strategy has been submitted to and approved in writing by the Local Planning Authority.

 

The development shall thereafter be carried out in accordance with the approved drainage strategy, and no surface water shall discharge to the public highway.

 

Reason: To ensure that adequate provision is made for surface water drainage, to prevent increased risk of flooding and runoff to the public highway, and to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the guidance contained within the National Planning Policy Framework.

 

5.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6.

 

 

 

 

 

 

 

 

 

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.

 

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 24 metres to the South West and 27 metres 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 and the National Planning Policy Framework.

 

 

Pre- Occupation Conditions

 

7.           With the exception of any site clearance and groundwork, no further development shall take place until details or samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.

 

                        Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

8.

Prior to the first occupation of the dwellings hereby approved an area shall be laid out within the curtilage of the property for the parking and turning of three cars per dwellinghouse 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.

 

9.

Prior to the first occupation of the dwellings hereby approved the driveway and/or vehicular turning area shall be consolidated and surfaced at a gradient not steeper than 1 in 8. Private drainage arrangements must be made to prevent run-off from the driveway discharging onto the highway. Details of the driveway, vehicular turning area and drainage arrangements shall be submitted to and approved in writing by the local planning authority prior to commencement of any works in relation to the driveway/vehicle turning area.

 

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.

 

10.

Prior to the first occupation of the development hereby permitted, the construction of the vehicular access shall be completed in accordance with a detailed specification that has first been submitted to and approved in writing by the Local Planning Authority. The access shall be constructed at a gradient not steeper than 1 in 12.

 

Reason: To ensure the formation of a safe and satisfactory means of access to the highway, in the interests of highway safety and in accordance with Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

11.

Prior to the first occupation of the dwellings herby approved, 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 shall be submitted to and approved in writing by the local planning authority and implemented as approved.

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

 

 

 

12.

 

 

 

 

 

 

 

 

Prior to completion of the development or first occupation of any of the dwellings hereby approved, whichever is the sooner, a landscape scheme shall be submitted and approved in writing by the local planning authority.  The scheme shall include a scaled plan identifying:

 

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

b)    Full details of the long term future maintenance of all planting proposals.

 

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 and the National Planning Policy Framework.

 

 

Post Occupancy and any other stage conditions

 

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

 

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

 

14.       Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following documents and plan: H.E.C, Arboricultural Impact Assessment and Tree Protection plan.

 

Reason: To ensure that the development is carried out only as approved by the Local Planning Authority and to conform with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

15.       The recommendations in the Phase One Habitat Survey and Bat Survey by Ecology Services dated January 2024 in respect of ecological interests on the site, biodiversity net gain and habitat enhancement recommendations, including mitigation-compensation measures and requirement for any relevant protected species licences from Natural England to be obtained prior to approved demolition works commencing, shall be implemented in full and hereafter maintained as approved unless otherwise agreed 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 SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.

 

16.       All foul water shall discharge to a new private foul water system (Package Treatment Plant) discharging to a suitable soakaway drainage field on land under the applicant’s ownership and all additional surface water shall be managed by appropriate sustainable drainage systems unless otherwise agreed with 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 SS1, SS6, SD3, SD4 and LD2.

 

17.

Any new access gates 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.

 

18.

No external lighting, including no driveway illumination, 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 10 minutes. 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.

 

19.

Within six months of any of the solar 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.

 

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21.

 

 

 

 

 

 

 

 

 

 

22.

All planting, seeding or turf laying in the approved landscaping scheme 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 and the National Planning Policy Framework.

 

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England)Order 2015 (or any Order revoking and re-enacting that Order, with or without modification), no windows shall at any time be placed in the East facing elevation of Unit A (as shown on drawing no. ES085 P(0)003C).

 

Reason: In order to protect the residential amenity of adjacent properties and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

 

Notwithstanding the provisions Scheule 2, Part 2, Class A of the Town and Country Planning (General Permitted Development) (England)Order 2015 (or any Order revoking and re-enacting that Order, with or without modification), no  fences, walls or other means of enclosure shall erected within the application site.

 

Reason: In order to protect the visual amenity of the site and surrounding locality and to comply with Policy LD1 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, including any representations that have been received. 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.

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) and the Habitats and Species Regulations (2019 as amended), with enhanced protection for special “Higher Status 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. If any protected species or other wildlife is found or disturbed during works then all works should stop and the site made safe until professional ecology advice and any required ‘licences’ have been obtained. Any additional lighting should fully respect locally dark landscapes and associated public amenity and nature conservation interests.

3.

Access to the site is via a public right of way and the applicant's attention is drawn to the restrictions imposed by Section 34 of the Road Traffic Act 1988 regarding the prohibition of driving motor vehicles elsewhere than on roads.

 

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 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.

 

 

5.

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.

 

6.

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.

 

7.

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).

 

 

 

There was an adjournment at 11:45 AM; the meeting reconvened at 11:57 AM

 

Councillor Simeon Cole resumed his seat on the committee.

Supporting documents: