Agenda item

243167 - LAND TO THE REAR OF BOYCOTT ROAD, ROSS ROAD, HEREFORD, HR2 7RL

Decision:

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

Minutes:

The Senior Planning Officer provided a presentation on the application and the updates/representations received following the publication of the agenda.

 

In accordance with the criteria for public speaking Mr Manwaring as the Local Resident spoke in objection to the application. Mrs Shannon the applicant spoke in support of the application.

 

In accordance with the council's constitution the local ward member spoke on the application. In summary, he explained he had redirected this application to committee due to the level of public comment. He was not against allotments or improving the site, but objects to the proposal as currently designed, particularly the loss/change of open space. Concerns were raised around traffic safety and access arrangements being unclear and unsafe. Attention was drawn to the lack of fencing separating the access from paths/areas used by children with a warning that vehicles reversing and limited visibility could create a serious risk to children, referencing a council motion about being “child friendly” and embedding children/young people’s wellbeing in decisions.  He queried how the plan proposed “drop-off only” and “no parking” and asked how this would be enforced highlighting the lack of nearby public parking and the prediction of rule breaking. He highlighted an online petition “Save Redhill Green, treasured Hereford Play Area” which held 750+ signatures and argued that this showed a strong local desire to retain meaningful public open space. He challenged what counted as “avoiding peak times,” as the A49 is busy most of the time and deliveries could conflict with the CDC operating hours and questioned how large vehicles/heavy equipment could access the site given the narrow lane and parked cars.

 

The committee debated the application. The following principal points were raised;

·       Multiple members raised concerns with site access and safety, specifically around vehicles reversing onto the A49, lack of safe stopping/parking, and the general hazard of the location, especially given nearby uses.

·       Members debated whether the proposal could lead to significant vehicle movements, especially during setup or seasonal peaks, versus the view that allotment traffic is usually low and local.

·       The impact the plan could have and worsen the already difficult parking at the Child Development Centre and interfere with its operation was raised.

·       The loss of usable open space, particularly for children and families, and discomfort with fencing off land that currently reads as open space.

·       The proposed public/open area was described as too small and unwelcoming, potentially “designed to exclude children.”

o   The Development Management Service Manager reminded the committee that there was an existing lawful use certificate allowing allotments and access via the track, meaning refusal would not stop use and that traffic could continue on the muddy track without the proposed improvements/controls. The decision needed to focus on access and ancillary works (e.g., surfacing/turning area), not re-opening the principle of allotment use.

·       Members explored adding a condition requiring details/approval of any fencing, partly to address safety/parking boundary concerns and prevent unplanned enclosure impacts.

 

The local ward member was given the opportunity to close the debate.

 

A motion to approve (officer recommendation) with a condition with regards to fencing was proposed by Councillor Bruce Baker and seconded by Councillor Dave Davis. The vote was carried with a majority.

 

RESOLVED:

 

That planning permission be granted subject to the following conditions, additional condition as outlined above 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:

 

1.              Time Limit for Commencement

 

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.              Development in accordance with approved plans

 

The development hereby approved shall be carried out strictly in accordance with the following list of approved plans, except where otherwise stipulated by conditions attached to this permission:

 

-        Location Plan rev. A 05/06/2025

-        2501_001 rev (B)

 

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

 

Pre-Commencement Conditions

 

3.              Construction Traffic Management Plan

 

Prior to the commencement of the development hereby permitted a Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority (in consultation with the Highway Authority for the A49 trunk road). The plan shall include as a minimum:

 

a)    Details of deliveries to site including times (to avoid the peak hours) and types of vehicles.

b)    Details of the equipment that will be used and location of the equipment and vehicles. To ensure that all plant, equipment and vehicles are accommodated within the site, with no parking, materials storage or loading/unloading taking place within the A49 Highway verge or direct accesses.

c)    Clear and detailed measures to prevent debris, mud, detritus and dust being distributed onto the Local highway and SRN. This should include details of wheel washing and dust monitoring.

d)    Waste management.

e)    Protection measures for hedgerows and grasslands.

 

Thereafter all construction activity in respect of the development shall be undertaken in full accordance with such approved details unless otherwise approved in writing by the Local Planning Authority in consultation with the Highways Authority.

 

Reason: To mitigate any adverse impact from the development on the A49 trunk road and to satisfy the reasonable requirements of road safety.

 

4.              Open Space details

 

With the exception of any site clearance and groundwork no further development shall commence until detailed plans for the provision for open space shall be set out in accordance with the standards adopted by the local planning authority and shall be submitted to and approved in writing by the local planning authority. These details should include:

 

a)    Surfacing,

b)    Landscaping,

c)    Means of enclosure,

d)    Street furniture.

 

The open space shall be constructed in accordance with the approved plans and retained in perpetuity thereafter.

 

Reason:  In order to comply with policies OS1 and OS2 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

 

Pre-Occupancy Conditions

 

5.              Management and Maintenance Details

 

Before the development is first brought into use a schedule of management and maintenance of the open space shall be submitted to and approved in writing by the local planning authority. Maintenance shall be carried out in accordance with the approved schedule.

 

Reason:  In order to comply with policies OS1 and OS2 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

 

INFORMATIVES:

 

1.

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supporting documents: