Agenda item

51998 - LAND AT REAR OF MORTIMER COURT, BRIMFIELD, HEREFORDSHIRE, SY8 4NQ

Decision:

Application approved in accordance with the case officer’s recommendation and a change to conditions.

Minutes:

Councillor John Stone acted as a local ward member for the applications below.

 

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

 

In accordance with the criteria for public speaking Mr Harris spoke on behalf of Brimfield and Little Hereford group parish council, Mr Norris, local resident, spoke in objection to the application and Mr Yarnold, applicant, spoke in support.

 

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained that the site was accessed by a narrow private road and two way movements were very difficult. The proposal for seven dwellings on the application site would generate a number of additional vehicle movements resulting in conflict between vehicles. It would be preferable for fewer dwellings on the application site given the local constraints. The parish council had expressed concerns regarding the application and opposed the proposal due to: road safety; insufficient parking on site; overdevelopment resulting in the loss of privacy in conflict with core strategy policy SD-1; and flood risk with potential for contamination of the land from local sewage infrastructure. The sewage system locally was inadequate with work required to the pumping station to renew its operation. It was recognised there was some support for the proposal which would introduce rental properties to the local area. Whilst the lack of a five year housing land supply required a presumption in favour there was concern that the view of the parish council was not taken into account. The NDP now had less weight as it was now 5 years old and the current application represented piece-meal development locally; local democracy and decision-making was undermined by the centralised imposition of housing targets. The application site was not in a sustainable location; the local area was lacking in services/facilities and local residents were dependent on cars.

 

The committee debated the application. It was recognised that there were certain constraints regarding the application site however it was acknowledged that there was a need within the county for two and three bedroom dwellings and rental properties. There was concern regarding arrangements for refuse collection from the site and it was felt that condition 13 should be a pre commencement condition that should be agreed in writing prior to construction of the development.

 

The Development Manager provided clarification that condition 13 could be required as a pre-commencement condition with final details for refuse management agreed prior to the construction of the development.

 

The local ward member was given the opportunity to close the debate. In summary, he explained that there was concern about the waste collection from the site and the cost to local residents of collection by private waste companies. Whilst it was noted that there was a need for more rental properties in the county these should be located in suitable locations. The objection of the parish council concerned: road safety relating to the access; insufficient parking on the site; uncertainty regarding refuse collection and arrangements on the site; inadequate sewage system; increased risk of flooding caused by hard standing within the development; and the adverse impact on local amenity resulting from the intensive location of properties on the site. The site was not in the NDP and there were better sites within the development boundary of Brimfield and Little Hereford. The view of the parish council was that the adverse impacts of the site outweighed the benefits therefore the presumption in favour could be overridden.

 

Councillor David Davis proposed and Councillor Peter Hamblin seconded a motion that the application be approved a change to conditions to require condition 13 to be discharged as a pre-commencement condition.

 

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

 

RESOLVED – that:

 

That officers named in the Scheme of Delegation are authorised to grant full planning permission subject to the conditions set out below, a change to conditions to require condition 13 to be discharged as a pre-commencement condition and any other further conditions considered necessary:

 

 

STANDARD CONDITIONS

 

            Time limit

 

  1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

 

Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

 

Approved plans + materials

 

  1. The development hereby permitted shall be carried out strictly in accordance with the approved plans listed below, and the materials as indicated on the Design and Access Statement (034 8001 P-00 / July 2025).

 

·       0345-501 P-00 Proposed Site Plan

·       0345-505 P-00 Proposed Ground Floor Plan 1 to 4

·       034-507 P-00 Proposed First Floor Plan – Houses 1 to 4

·       034-506 P-00 Proposed Ground Floor Plan – Houses 5 to 7

·       034-512 P-00 Proposed Elevations

·       034-509 P-00 Proposed Illustrative Site Plan

·       034-510 P-00 Proposed Illustrative Site Plan

 

Reason: To ensure adherence to the approved plans in the interests of proper planning and for the avoidance of doubt, in accordance with Policies SD1 the Herefordshire Local Plan – Core Strategy, Policies BLH1, BLH8 and BLH9 of the Brimfield and Little Hereford Neighbourhood Development Plan, and the National Planning Policy Framework.

 

CONSTRUCTION PERIOD

 

Construction Management Plan

 

  1. No development, other than site set?up works required for the creation of a site compound, site fencing, welfare facilities and enabling works necessary to facilitate the access?widening works approved under Condition 4, shall commence until a Construction Management Plan (CMP) has been submitted to and approved in writing by the Local Planning Authority. The CMP shall include, but not necessarily be limited to:

 

·       construction traffic routing, HGV management and contractor parking;

·       measures to prevent obstruction of Wyson Lane and the private access road;

·       arrangements for loading/unloading and the storage of plant and materials;

·       dust, noise and vibration control measures;

·       hours of working and deliveries;

·       pollution?prevention measures to avoid run?off, debris or materials entering the highway;

·       details of utility installation works and measures to minimise associated disruption;

 

 

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

 

Reason: To safeguard highway safety, residential amenity and the local environment during construction, in accordance with Policies MT1, SD1, LD1, LD2, LD3 and SS6 of the Herefordshire Local Plan – Core Strategy, Policy BLH1 of the Brimfield & Little Hereford Neighbourhood Development Plan, and the National Planning Policy Framework.

 

            Access widening

 

  1. No development, other than site?set?up works and enabling works necessary to facilitate the access?widening, shall take place until the access road has been widened to 4.8 metres for the first 10 metres measured back from the edge of Wyson Lane, in accordance with Drawing T25543.001 Rev A (or any variation approved in writing by the Local Planning Authority).

 

Once completed, the widened section shall be retained for the lifetime of the development.

 

Reason: To ensure safe two?way vehicle movements at the junction throughout the construction and operational phases, in the interests of highway safety, in accordance with Core Strategy Policy MT1, Policy BLH1 of the Brimfield & Little Hereford Neighbourhood Development Plan, and the National Planning Policy Framework.

           

            Vegetation clearance / ecology

 

  1. No vegetation clearance, including removal of scrub, shall take place until the Local Planning Authority has been provided with written confirmation of the appointment of a suitably qualified ecologist. All vegetation clearance shall thereafter be carried out under the direct on?site supervision of the appointed ecologist, who shall remain present during clearance operations to ensure that no protected species are harmed. Any contingency measures recommended by the supervising ecologist during the works shall be implemented in full.

 

Reason: To safeguard protected species and avoid harm to biodiversity in accordance with Policies SS6, LD1, LD2 and LD3 of the Herefordshire Local Plan – Core Strategy, the Brimfield and Little Hereford Neighbourhood Development Plan, and the National Planning Policy Framework.

           

            Access surfacing / drainage

 

  1. Prior to the commencement of any works to the access, a detailed scheme for the surfacing, levels and drainage of the private access road (from Wyson Lane to the development site) shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include, but may not be limited to the following;

 

·       measures to prevent surface?water run?off onto Wyson Lane;

·       permanent arrangements for maintenance.

 

The access shall be constructed in accordance with the approved details prior to the occupation of any dwelling and shall thereafter be retained.

 

Reason: To ensure that surface?water is managed appropriately and does not adversely affect highway safety or increase flood risk, in accordance with Herefordshire Local Plan - Core Strategy Policies SD3,  MT1 and SD1, Policies BLH1, BLH12 and BLH14 of the Brimfield and Little Hereford Neighbourhood Development Plan and the National Planning Policy Framework.

 

 

 

            Landscaping

 

  1. With the exception of any site clearance and groundworks, no development shall takes place until a detailed hard and soft landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include:

 

·       species, planting densities and numbers;

·       details of boundary treatments;

·       surfacing materials;

·       tree and hedge protection measures during construction.

 

The approved scheme shall be completed in the first planting season following the first occupation of the dwellings or completion of the development, whichever is sooner.

 

Reason: To safeguard landscape character, visual amenity and biodiversity, in accordance with Policies LD1, LD2, LD3 and SD1 of the Herefordshire Local Plan - Core Strategy, Policies BLH8 and BLH9 of the Brimfield and Little Hereford Neighbourhood Development Plan, and the National Planning Policy Framework.

 

 

PRIOR TO FIRST USE/OCCUPATION

           

            Visibility splays

 

  1. Prior to the first occupation of any dwelling, the visibility splays shown on Drawing T25543.001 Rev A shall be constructed in full, providing a 2.4 metre x 34.6 metre visibility splay to the west and a 2.4 metre x 33.2 metre visibility splay to the east, as measured from the centreline of the site access onto Wyson Lane.

 

No structure, vegetation or other obstruction exceeding 0.6 metres in height above the level of the adjoining carriageway shall thereafter be placed or allowed to grow within these visibility splays. All vegetation identified for removal or trimming to achieve the required sightlines on Drawing T25543.001 Rev A shall be cut back prior to first occupation and shall thereafter be maintained to ensure the splays remain unobstructed for the lifetime of the development.

 

Reason: To ensure adequate emerging visibility from the access in the interests of public highway safety, in accordance with Policy MT1 of the Herefordshire Core Strategy, the Brimfield and Little Hereford Neighbourhood Development Plan and the National Planning Policy Framework.

 

Water efficiency

 

  1. Prior to the first occupation of any dwelling, 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 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

Parking and turning

 

  1. Prior to the first occupation of any dwelling, the parking and turning areas serving that dwelling, as shown on the approved plans, shall be laid out, consolidated and surfaced in accordance with the details as approved under Condition 8. These areas shall thereafter be kept available for the parking and manoeuvring of vehicles and shall not be used for any other purpose for the lifetime of the development.

 

Reason: To ensure adequate on?site parking and turning facilities are provided and retained in the interests of highway safety and the efficient operation of the local highway network, in accordance with Policy MT1 of the Herefordshire Local Plan – Core Strategy, Policy BLH1 of the Brimfield and Little Hereford Neighbourhood Development Plan, and the National Planning Policy Framework.

 

Cycle storage

 

  1. Prior to the first occupation of any dwelling, details of secure and covered cycle storage for each dwelling shall be submitted to and approved in writing by the Local Planning Authority. The approved cycle storage shall be installed prior to the first occupation of the dwelling it serves and shall thereafter be retained and kept available for its designated purpose for the lifetime of the development.

 

Reason: To promote sustainable transport, reduce reliance on private vehicles, and ensure appropriate provision for cyclists, in accordance with Policies MT1 and SD1 of the Herefordshire Local Plan – Core Strategy, Policy BLH1 of the Brimfield & Little Hereford Neighbourhood Development Plan, and the National Planning Policy Framework.

 

Swifts

 

  1. Prior to the first occupation of any dwelling, photographic evidence demonstrating the installation of a minimum of three integrated swift nesting boxes, positioned in accordance with the approved plans, shall be submitted to and acknowledged in writing by the Local Planning Authority. The swift boxes shall be installed under the supervision of a suitably qualified ecologist to ensure appropriate height, aspect and placement, and shall be retained and maintained as installed for the lifetime of the development unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To enhance biodiversity and provide ecological net gains in accordance with Policies SS6, LD1, LD2 and LD3 of the Herefordshire Local Plan – Core Strategy, the Brimfield and Little Hereford Neighbourhood Development Plan, and the National Planning Policy Framework.

 

            Waste strategy

 

  1. Prior to the first occupation of any dwelling, a detailed Waste and Recycling Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan shall include:

 

(a) the appointed private waste provider’s details;

(b) written confirmation of a contract for waste and recycling collection;

(c) management arrangements for maintaining the contract;

(d) a Bin Collection Plan showing bin storage points, collection points, drag routes, gradients and accessibility;

(e) contingency arrangements should the provider withdraw; and

(f) an information pack for future residents outlining permanent waste and recycling arrangements.

 

The approved scheme shall thereafter be implemented and retained for the lifetime of the development.

 

Reason: To ensure appropriate, safe and sustainable waste management to protect residential amenity and highway safety, in accordance with Policy SD1, MT1 and SS6 of the Herefordshire Local Plan -  Core Strategy and the National Planning Policy Framework.

 

COMPLIANCE/OPERATIONAL

 

            Surface water drainage

 

  1. The development shall be carried out strictly in accordance with the approved surface?water drainage strategy, including the provision of plot?level soakaways as indicated on Updated soakaways location plan dated 14 January 2026.

 

No dwelling shall be occupied until the approved drainage systems serving it have been installed and are fully operational. The systems shall be retained and maintained thereafter.

 

Reason: To ensure satisfactory drainage, reduce flood risk and prevent pollution, in accordance with Policies SD3 of the Herefordshire Local Plan - Core Strategy, Policies BLH12 and BLH14 of the Neighbourhood Development Plan, and the National Planning Policy Framework.

 

            Foul drainage

 

  1. Foul water from the development shall be discharged to the public foul sewer network. No dwelling shall be occupied until connection to the mains sewer has been completed and is fully operational. The foul?drainage arrangements shall thereafter be retained and maintained for the lifetime of the development.

 

Reason: To ensure satisfactory foul?water disposal and to prevent additional nutrient pathways to the River Teme SSSI and the hydrologically linked River Clun SAC, in accordance with Herefordshire Local Plan - Core Strategy Policy SD4, the Brimfield and Little Hereford Neighbourhood Development Plan, and the National Planning Policy Framework.

 

            PV panels

 

  1. The photovoltaic (PV) panels shown on approved drawing 034?512 Rev P?00 shall be removed from the dwellings in full once they become permanently inoperative, obsolete or no longer functional, and all roof surfaces shall thereafter be reinstated using materials to match the host dwelling, unless otherwise first approved in writing by the Local Planning Authority.

 

Reason: To ensure that the appearance of the dwellings remains satisfactory in the long term and to safeguard local character, in accordance with Herefordshire Local Plan - Core Strategy Policies SD1, SD2 and LD1, Policies BLH8 and BLH9 of the Brimfield and  Little Hereford Neighbourhood Development Plan, and Section 12 of the National Planning Policy Framework.

 

 

There was an adjournment at 12:57 p.m.; The meeting reconvened at 12 59 p.m.

 

Supporting documents: