Agenda item

242558 - LAND TO THE SOUTH OF LOWER BULLINGHAM, WEST OF THE ROTHERWAS INDUSTRIAL ESTATE, NORTH OF THE ROTHERWAS, HEREFORD, HR2 6JW

Meeting of Planning and Regulatory Committee, Wednesday 3 June 2026 10.00 am (Item 5.)

The first phase of an urban extension (known as the Southern Urban Expansion in the Herefordshire Local Plan Core Strategy) comprising up to 540 homes (Use Class C3); employment land (Use Class B and E), local centre and a country park together with supporting public open space, and all other associated works (e.g. demolition of existing industrial buildings, drainage, landscaping and ground modelling). All matters are reserved for future consideration save for 'access'. Only the means of access into the site is sought aspart of this outline application, not the internal site access arrangements.

Decision:

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

Minutes:

Councillor Dave Davies and Councillor Richard Thomas acted as local ward members for the application 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 a statement was read on behalf of Ms Bowell, in objection to the application, and Mr Rawlings, the applicant, spoke in support.

In accordance with the council's constitution the local ward member for Dinedor Hill electoral division spoke on the application. In summary, he explained that:

The allocation of the site was contained within the core strategy under policy HD6.
It was understood that the allocated site was proposed to have been supported by the provision of key infrastructure in the form of a western or eastern bypass.
The proposed development contained a significant amount of affordable housing which was positive.
The provision of an employment site through the application was supported.
It was understood that the park and choose facility would be considered in due course
There existed a number of areas of concern within the local community regarding the application site.
Flooding was a significant issue in the locality and in times of significant rainfall local highways became impassable. The proposed closure of Lower Bullingham Lane and Watery Lane would undermine the ability of local residents in existing estates to leave their houses by car during heavy rainfall when Holme Lacy Road and Hoarwithy Road were blocked. The proposed closures would also impact upon businesses on Watery Lane.
The proposed roundabout on the Rotherwas Relief Road was supported and the final design should take account of the size of vehicles leaving Rotherwas to access the A49.
The proposed access to the new development from the Hoarwithy Road was proposed for a section of the highway which was narrow and not felt to be safe as a point of access.

In accordance with the council's constitution the local ward member for Wormside electoral division spoke on the application. In summary, he explained that:

Due to the topography of the land it was not felt that sport pitches were feasible in the proposed park.
There was concern regarding flooding in Watery Lane and the impact of the new development on local incidents of flooding.
The proposed roundabout on the Rotherwas Relief Road would be accessed by a significant number of local residents to the proposed site. There was concern that the interaction between those local residents and HGVs accessing the Rotherwas industrial estates would pose an impact on highway safety. Careful consideration of this interaction was required in the final design of the roundabout.

The committee debated the application and the following principal points were raised:

Incidents of heavy rainfall and extreme weather was increasing in frequency and there was concern at the number of days that access to the proposed site and existing developments would be constrained by flooding.
It was noted that there were positive active travel elements contained within the application.
The proportion of affordable housing contained within the application was welcomed.
In the flooding emergency plan, the safety of the proposed alternative access for pedestrians and cyclists along the Rotherwas Relief Road was queried. During periods of heavy rainfall when identified active travel routes to the site were impassable the Plan suggested access along this busy and fast road as an alternative, which was not considered safe.
The proposed roundabout on the Rotherwas Relief Road was felt to address safety concerns.
It was queried whether the provision of a bypass was required to facilitate the development and without such infrastructure if the proposal could proceed.
The green space and parkland proposed in the application was welcomed.
The role of the travel plan coordinator was queried and how they could assist when access to the site was compromised by extreme weather events.
There was concern that the phasing of the build of the development could constrain pedestrian and cycle access to the site. The implementation and retention of active travel infrastructure needed to be protected during the construction of the site.
Concern was raised regarding the cost of the management of the green space proposed as part of the application and whether the prevention of escalating costs to local residents could be conditioned as part of the permission.

The development manager provided the following clarification:

· The applicant considered that flooding on the site could be effectively addressed and this would be looked at in the reserved matters stage. Extensive work had been undertaken by consultants with regard to flood mitigation on the site. The risks were understood and it was considered that they could be effectively mitigated.

· Condition 24 required the submission of a flood emergency plan which would be considered by officers at the council and the Environment Agency to ensure that it was safe and fit for purpose. Cyclists and pedestrians would not be encouraged to use the Rotherwas Access Road but the applicant was asked to propose active travel infrastructure on the road in anticipation that some local residents would walk and cycle on the road.

· There had not been a final decision on the stopping-up of Lower Bullingham Lane and Watery Lane; further details of the proposal were awaited from the applicant.

· Extensive traffic modelling had been undertaken to establish that the infrastructure included in the proposal was suitable to provide effective and safe access to the site. Such modelling took place for each development site and took account of the highway network locally; in the case of the current application site the traffic modelling was based on a local highway network without the provision of a bypass.

· It was explained that the travel plan coordinator would be a point of feedback for local residents to comment on the travel plans to the site and would help to implement improvements to encourage sustainable transport. Condition 24 required the flood emergency plan to be given to all local residents on the site; this would contain proposed routes in the event of flooding and would need to be undertaken in coordination with the travel plan.

· The impact of the construction of the site on pedestrian and cycle routes was a risk that could be mitigated.

· Details of the management plan for the site would need to be presented by the applicant for approval but limits on the contribution payable for the management and maintenance of the land could not be conditioned within any permission granted.

Councillor Bruce Baker proposed and Councillor Simeon Cole 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) officer named in the Scheme of Delegation 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.

That planning permission be granted subject to the following conditions:

Standard

Application for approval of the first reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission, or within three years of final completion of any legal challenge under S288 of the Town & Country Planning Act 1990. The last of the reserved matters shall be submitted before the expiration of eight years from the date of this permission.

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

The development hereby permitted shall be begun either before the expiration of three 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, 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 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, HD6, 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:

· Site Location Plan: BL-M-12 Rev G

· Roundabout General Arrangement Plan: ref 07129-A-0001-P07

· Green Crize General Arrangement Plan: ref: 07129-A-0020-P07

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 HD6 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:

· Land Use and Access Parameter Plan: ref 35304 BL-M-16 Rev J

· Scale Parameter Plan: ref 35304 BL-M-17 Rev F

· Green Infrastructure Parameter Plan: ref 35304 BL-M-18 Rev F

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 HD6 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Site wide pre-commencement conditions

Drainage matters

The reserved matters submission relating to layout, scale, appearance and landscaping for residential development (or a phase thereof) submitted pursuant to Condition 3 shall be accompanied by detailed surface water and foul water drainage design drawings/construction plans and approved in writing by the Local Planning Authority in consultation with Welsh Water.

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

Reason: To ensure drainage conforms with Policies SD3, SD4 and HD6 of the Herefordshire local Plan - Core Strategy and the national planning Policy Framework

Internal Roads

Details of internal access, estate roads, pedestrian/cycle routes, and circulation arrangements within the development shall be reserved for future approval as part of the submission of reserved matters. No development shall commence on any phase of the development until full details of the internal access and circulation layout for that phase have been submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details.

Reason: 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 SD1, SS4, SS7, HD6, MT1 and the National Planning Policy Framework

Phasing Plan

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

Residential phase(s)
Employment phase(s)
Country Park
Local Centre
Timing of delivery of on-site highway works (including but not limited to on-site roads, footways, cycleway, emergency access opening) and timing
Timing of delivery of offsite highways improvements (Section 278 works)
Timing of delivery of public open space
Procedures for amending the phasing plan if subsequently deemed necessary.
Delivery of drainage infrastructure

The development, including the completion and delivery of infrastructure shall be constructed in accordance with the agreed phasing plan, unless an alternative plan is submitted to and agreed in writing by the Local Planning Authority.

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 SD1, SS4, SS7, HD6, MT1 and the National Planning Policy Framework.

Highway Access works

Prior to commencement of any development to which this permission relates, details of the proposed access works [with the B4339, Green Crize and Watery Lane (including the Twyford Road Link)] must be submitted to and approved by the Local Highway Authority in writing. Development shall not begin in relation to any of the specified access works until details of these accesses and associated off-site highway improvement works (e.g. Hoarwithy Road) 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. No dwelling shall be occupied in a particular phase until these schemes have been constructed in accordance with the approved Phasing Plan for the associated phase of development.

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

Any future reserved matters application should include an updated noise impact assessment based on a more detailed site layout and demonstrate how a good design process has been followed in accordance with ProPG. Should the assessment identify that an overheating assessment is required, this should also be provided.

Reason: In order to protect the amenity of the area so as to comply with policy SD1 of the Herefordshire Local Plan Core Strategy 2011-31.

Pedestrian/cycle link

Prior to commencement of development within each phase, details of a temporary, direct, pedestrian and cycle link connecting each Phase with the Green Crize, Watery Lane and B4339 accesses must be submitted to and approved by the local highway authority in writing. Development shall not begin until details of the temporary pedestrian and cycle link 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.

No dwelling shall be occupied until the approved temporary pedestrian and cycle link serving that phase, has been provided in accordance with the approved details.

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 HD6, SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Bus stop Infrastructure

Prior to the commencement of development within each phase, details for the provision of bus stop infrastructure required to serve that phase (including exact locations and full design specifications for shelters, raised kerbs, and real-time information displays) shall be submitted to and approved in writing by the Local Planning Authority, in consultation with the Local Highway Authority.

The submitted details shall include:

Locations sited on straight sections of highway, avoiding interference with junctions or private accesses. Bus cages to have a TRO to prevent parking in them.
Shelter Designs that maintain a minimum clear footway width of 1.5m to the rear and are set back at least 0.5m from the kerb edge.
Accessibility Features including a 2m x 2m clear boarding area and raised kerbs (minimum 125mm height) for level boarding.
Programme for installation.

Any bus stops and shelters approved for the relevant phase shall be installed in accordance with the approved details prior to the first occupation of that phase, unless otherwise agreed in writing by the Local Planning Authority.

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 to the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

FFL

No development within a phase, other than demolition and site clearance, shall commence until a plan showing the finished floor levels of the proposed development in relation to the existing and proposed ground levels of the surrounding land has been submitted to and approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details. Ground floor levels should be set so that, should groundwater emerge in extreme conditions, water would not be able to enter directly into the building.

Reason – for the avoidance of doubt and to ensure that the levels of the buildings are built to ensure protection from groundwater flooding in accordance with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

Contamination

Prior to any works or site preparation commencing on a phase, the following information shall be submitted to and approved in writing by the Local Planning Authority:

a) The risk assessment submitted in support of the application (BWB, Ref:BMW2135, August 2024) confirmed the possibility of a significant pollutant linkage(s), a site investigation (as recommended) 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

b) if the risk assessment in (a) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed shall be submitted in writing. The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the Local Planning Authority for written approval.

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

CEMP

Prior to any works or site preparation commencing within a phase, including site clearance or demolition works, and storage of equipment and materials on the site, a Construction Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority, in consultation with the Environment Agency.

The CEMP shall include:

· named ‘responsible person’

· ecological risk avoidance measures based on current site conditions and all protected species known to be locally present (ecological surveys and site assessments under two years old from date of CEMP

Pollution Prevention: Details of fuel storage, bunding, and spill response procedures.
Water Management: Measures to control surface water run-off and sediment, including the use of silt traps or settlement tanks.
Protection of Watercourses: Identification of buffer zones: details of a detailed scheme to demonstrate that all areas within 50m of any watercourse and any crossings or other works to watercourses are fully compliant with best practice in respect of Otter movement and safety and passage of fish and crayfish
Groundwater Protection: Methods to prevent contamination of underlying aquifers, especially during intrusive works like piling
Hours of working
Tree protection (and arb report)
Dust management and mitigation measures
Storage of materials
consider and detail mitigation and working methods in respect of all non-ecological/wider potential environmental effects from site preparation, soil storage and management, and construction works

The approved CEMP shall be approved in writing and implemented in full for the duration of all construction works at the site 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 HD6,SS1, SS6, LD1, LD2 and LD3 and the council’s declared Climate Change & Ecological Emergency.

Ecology

No more than 3 months prior to the commencement of development within any phase, including site clearance, demolition, material or equipment storage on site, the following shall be submitted for approval by the Local Planning Authority:

a) Updated ecological assessment/walkover to consider all protected species and general ecological interests.

b) Updated results and report, where required by the updated ecological assessment/walkover, shall be supplied and used to inform a specific Ecological Working Methods Scheme; and

c) detail any specific licences or other ‘external’ permissions that may be required.

CTMP

Prior to any works or site preparation commencing on a phase 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) Construction phasing

b) An HGV routing plan to include likely origin/destination information, potential construction vehicle numbers, construction traffic arrival and departure times, signage, accesses and construction delivery times (to avoid peak hours), parking for site operatives

c) Details of any special or abnormal deliveries or vehicular movements.

d) Clear and detailed measures/method to prevent debris, mud and detritus being distributed onto the Local highway and SRN.

e) Details of signage including type, drawings, timescales and locations

f) Mitigation measures in respect of noise and disturbance during the construction phase including vibration and noise limits, monitoring methodology, screening, a detailed specification of plant and equipment to be used and construction traffic routes.

g) A scheme to minimise dust emissions arising from demolition/construction activities on the site. The scheme shall include details of all dust suppression measures and the methods to monitor emissions of dust arising from the development.

h) Waste management.

i) Wheel washing measures

j) 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 road network and 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.

Contamination

The Remediation Scheme, as approved pursuant to condition no. 14 above, shall be fully implemented before the development is first occupied. On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted and agreed in writing before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

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

Housing Mix

Proposals for the number, size and type of open market housing on any individual phase of the development shall be submitted to the Local Planning Authority for approval either prior to or as part of any reserved matter application(s) relating to Layout.

The size and type of the open market housing shall comply with the following Table:

Dwelling Type

Quantity (%)

2-bed

20 – 25

3-bed

30 – 50

4-bed

25 – 35

5-bed

0-5

The development shall thereafter be implemented in accordance with the approved scheme.

Reason: The permission is outline only and this condition is imposed to ensure the development meets the present and future housing by requiring delivery of the most appropriate size and type of additional housing in accordance with the requirements of policies HD6 and H3 of the Herefordshire Local Plan – Core Strategy and National Planning Policy Framework.

Sport England

No development in relation to any phase shall commence until details have been submitted and approved in writing by the Local Planning Authority to demonstrate how Active Design principles have been met within that phase.

Reason: To promote healthy lifestyles through physical activity and to accord with Development Plan policy and the National Planning Policy Framework.

Archaeology

No development shall take place until the developer has secured the implementation of a programme of archaeological survey and recording [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 by the applicant and approved by the Local Planning Authority and shall be in accordance with a brief prepared by the County Archaeology Service. The development shall not be occupied in full until the programme of archaeological work, including agreed archiving reporting and summary publication, has been completed.

Reason: To allow for recording of the building/site during or prior to development and to comply with the requirements of Policy LD4 of the Herefordshire Local Plan – Core Strategy. The brief will inform the scope of the recording action and the National Planning Policy Framework. The commencement of development in advance of such approval could result in irreparable harm to any identified heritage asset.

Resource Audit

Prior to any development including demolition commencing on site a Resource Audit to identify the approach to materials and waste prevention should be submitted to the Local Planning Authority. The Resource Audit shall include the following;

The Resource Audit shall include the following:

• 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 (both through the construction and operational phases);

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

• The steps to be taken to ensure the maximum diversion of waste from landfill (through recycling, composting and recovery) once the development is operational;

• 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: The treatment/handling of any site waste is a necessary initial requirement before any groundworks are undertaken 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 and the National Planning Policy Framework.

Additional Ecological Enhancements

No development shall commence on site until a detailed plan and specification showing all proposed ‘species enhancements’ in addition to statutory BNG has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved.

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

Flood Emergency Plan

Prior to the construction of the development, a Flood Emergency Plan shall be submitted to and approved in writing by the Local Planning Authority. The plan shall include full details of the proposed ‘Welcome Pack’, signage and routing options, as well as how occupants will be able to sign up to all relevant emergency alerts. It shall also include a method to retain the plan through property turnover, update the plan and include a timescale for revision of the plan for the lifetime of the development.

Reason: To protect the development from flooding and to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

Site wide - pre-occupation conditions

LMP

Prior to the first occupation of each phase, a landscape management plan for all non-private landscaped areas within that phase, including details of implementation, management responsibilities, and maintenance arrangements, shall be submitted to and approved in writing by the Local Planning Authority. The approved LMP shall thereafter be implemented and maintained in accordance with the approved details.

No development within each phase shall be occupied until a Landscape Management Plan (LMP) for that phase, including a programme for implementation, addressing management responsibilities and maintenance schedules for upkeep of all landscaped areas, other than domestic gardens, has been submitted to and approved in writing by the Local Planning Authority. The LMP shall be implemented in accordance with the details of the programme of implementation and shall be maintained and retained thereafter.

Reason: To ensure the future establishment of the approved scheme, in order to protect and enhance the visual amenities of the area and setting of heritage assets hereabouts, to maintain and enhance the character and appearance of the location and to ensure that the development complies with the requirements of Policy SS6, HD6, LD1, LD4 and SD1 of the Herefordshire Local Plan Core Strategy and the National Planning Policy Framework.

Site wide - compliance conditions

Define permission

In line with the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and reenacting that Order with or without modification), the maximum amount of development permitted comprises:

a) Up to 540 dwellings (Use Class C3),

b) 5.57 hectares Employment Land Use Class B And E

c) 1650 sqm of mixed-use local centre (Use Classes F2 and E)

Reason: To define the scope of the permission in the interests of a satisfactory form of development and to comply with Policy SD1, MT1 and HD6 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

Streetlighting

Prior to installation of any streetlighting or lighting in other public areas, details of the design and luminaire specification should be submitted to an approved.

To ensure that all species and Dark Skies are protected 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 SS6, LD1, LD2 and LD3 and the Dark Skies initiative (DEFRA-NPPF 2013/18)

Arboricutural

Except where otherwise stipulated by condition, the development shall be carried out strictly in accordance with the following document:

Arboricultural Assessment BS5837:2012 (September 2024)

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.

Contamination

If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

Reason: In the interests of human health and to comply with Herefordshire Core Strategy policy SD1.

Foul Water

All foul water from the development site shall discharge through a connection to the existing public Mains Sewer network at a suitable point agreed with Welsh Water. No building shall be occupied until it is served by the approved connection.

Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment and to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), and Herefordshire Local Plan - Core Strategy policies LD2, SD3 and SD4

SUDS

Surface water shall be managed by SuDS with no discharge to any mains sewer system.

Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework , NERC Act (2006), and Herefordshire Local Plan - Core Strategy policies LD2, SD3 and SD4.

Trees

If within a period of 5 years from the date of planting, the tree, or any tree planted in replacement of it, is removed uprooted, destroyed, dies or becomes seriously damaged or defective, another tree of the same size and species shall be planted within the first planting season, unless the Local Planning Authority gives written consent to a variation.

Reason: To ensure failing trees are replaced and thereby ensuring that the development conforms with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Trees

No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the construction phase and thereafter for 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars.

Reason: To safeguard the character and amenity of the area and to ensure that the development conforms with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Stopping up

Prior to the occupation of the 25^th dwelling, an application for a Stopping Up Order under Section 247 of the Town and Country Planning Act 1990 in respect of Lower Bullingham Lane and Water Lane shall be submitted to the Local Highway Authority. Evidence of the submission of the application shall be submitted to the Local Planning Authority together with a programme for implementation of the Stopping Up Order, a Management and Maintenance Plan and details of the physical design features and signage to be placed in the highway.

The submitted details shall be approved in writing by the Local Planning Authority and thereafter be implemented in accordance with the approved details.

Highway off Site Works

Highway Improvement /Off Site Works

Development shall not begin in relation to each of the specified highways works to be undertaken at Hoarwithy Road, Green Crize Crossing, Twyford Road Link and the A49 Junctions (The A49/ Holme Lacy Road / Walnut Tree Avenue junction and the A49/A465 junction) 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. It is noted that in addition to the proposed changes to lane markings at the A49/ Holme Lacy Road / Walnut Tree Avenue signalised junction, the A49 Junction Works are to comprise signal timing changes to be agreed with the National Highways and the Local Highway Authority.

Prior to occupation of the 25th dwelling, the schemes at Hoarwithy Road, Green Crize Crossing and the Twyford Road Link shall have been constructed in accordance with the approved details.

The A49 Junction Improvements shall be implemented in accordance with the approved details and a programme submitted to and approved with the Local Planning Authority.

Reason: To ensure the safe and free flow of traffic on the highway and to conform with the requirements of Policy HD6 and MT1 of Herefordshire Local Plan – Core Strategy Plan [and the National Planning Policy Framework].

Residential Phases - Pre-occupation conditions

Highway survey

Prior to the first occupation within the residential element of the development, the details of a survey strategy should be submitted to and approved in writing by the Local Planning Authority in consultation with National Highways. The survey strategy shall include, but not be limited to, a suitable programme and location of new surveys for vehicle, cyclist, and pedestrian movements. Baseline surveys shall be undertaken in line with the approved strategy prior to occupation of the 100th dwelling or within 12 months of the first occupation, whichever occurs first, and repeat surveys thereafter at 50% occupancy (approximately 270 dwellings) or third year of first occupation, whichever occurs first, and at 80% occupancy (approximately 430 dwellings) or fifth year of first occupation, whichever occurs first. The approved programme shall be implemented in accordance with the latest guidance and good practice documentation published by the Department for Transport and the Local Planning Authority.

Reason: To ensure that robust travel data is available to inform and monitor the effective implementation of sustainable transport measures as outlined in the Travel Plan. and to conform with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Travel Plan Coordinator

Prior to the first occupation of the residential element of the development, a Travel Plan Coordinator shall be appointed for a period of ten years or until one year after the residential element of the development is fully occupied, whichever is later. The duration of this post shall depend on whether monitoring and evaluation demonstrate that the targets detailed in the Travel Plan have been met. If the targets are not met, the role shall be extended further, including monitoring of targets, until such time as it can be demonstrated to the Local Planning Authority that the Travel Plan has achieved its targets and objectives.

Reason: To ensure the development meets the objectives of sustainable development and promotes sustainable travel behaviour and 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 HD6, SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Travel Plan

Prior to the first occupation of the residential element of the development, implementation of the Travel Plan shall have commenced in accordance with the approved details. The appointed Travel Plan Coordinator shall provide monitoring reports to the Local Planning Authority after the 1st , 3rd , 5th, 8th and 10th years following first occupation (or sooner as provided for by Condition 40) and thereafter every three years if the targets are not met, and to be audited by the Local Planning Authority in consultation with National Highways.

Reason: To ensure the Travel Plan is effectively monitored and achieves its objectives of promoting sustainable transport and 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 HD6, SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Water Efficiency

Prior to the first occupation of any of the residential development hereby permitted written evidence / certification demonstrating that water conservation and efficiency measures to achieve the ‘Housing – Optional Technical Standards – Water efficiency standards’ (i.e. currently a maximum of 110 litres per person per day) for water consumption as a minimum have been installed / implemented shall be submitted to the Local Planning Authority for their written approval. The development shall not be first occupied until the Local Planning Authority have confirmed in writing receipt of the aforementioned evidence and their satisfaction with the submitted documentation. Thereafter those water conservation and efficiency measures shall be maintained for the lifetime of the development.

Reason: In order to ensure that water conservation and efficiency measures are secured to safeguard water quality and the integrity of the River Lugg (Wye) SAC in accordance with policies SS6, SD2, SD3 SD4 and LD2 of the Herefordshire Local Plan Core Strategy, the National Planning Policy Framework, the Conservation of Habitats and Species Regulations (2017) and NERC Act (2006).

Cycling

No residential dwelling within a phase of the development shall be occupied until secure, covered cycle parking for that phase has been provided in accordance with the approved Phasing Plan submitted pursuant to Condition 8, including the timescale for delivery of the country park, and in accordance with a scheme that has first been submitted to and approved in writing by the Local Planning Authority. The details to be submitted shall include:

the number, type and location of cycle parking spaces and stands (including Sheffield stands where applicable); and
design and construction details of the cycle parking and storage facilities, including materials, weather protection and lockable access arrangements.

The approved cycle parking facilities shall be provided prior to first occupation of the relevant phase and shall thereafter be retained, maintained and kept available for the parking of cycles by residents and visitors at all times.

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 to the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Car charging

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 HD6, 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

Residential Phases - Compliance conditions

No external lighting other than lighting of the highway shall be provided other than the maximum of one external LED down-lighter above or beside each external door (and below eaves height) with a Corrected Colour Temperature not exceeding 2700K and brightness under 500 lumens. Every such light shall be directed downwards with a 0 degree tilt angle and 0% upward light ratio and shall be controlled by means of a PIR sensor with a maximum over-run time of 1 minute. The Lighting shall be maintained thereafter in accordance with these details.

Reason: To ensure that all species and local intrinsically dark landscape are protected having regard to The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife & Countryside Act (1981 amended); National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1-3; and the council’s declared Climate Change and Ecological Emergency

Open Space

The timing of the delivery of play areas and public open space (POS) within each phase of the development shall be carried out in accordance with the approved Phasing Plan for that phase, submitted pursuant to Condition 8. The play areas and public open space shall be constructed in full accordance with the approved details. They shall be completed and made available for use in accordance with a timetable that has been submitted to and approved in writing by the Local Planning Authority.

Once provided, the play areas and public open space shall be retained and maintained in accordance with the approved details for the lifetime of the development.

Reason. In order to comply with the requirements of Policies HD6, OS1 and OS2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Employment/non residential Phase (s) – pre-commencement condition.

Hours of use

Any Reserved Matters application containing non-residential buildings shall provide details of the hours of use and, where relevant, hours for deliveries and collections for approval in writing by the Local Planning Authority.

The use of the premises shall be implemented in accordance with the details as approved, unless otherwise agreed in writing by the Local Planning Authority.

Reason: To safeguard the amenity of adjacent properties and the general locality and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Archaeology

No work on the employment phase of development shall take place until a detailed design and method statement for the foundation design and all new groundworks relating to groundwork within the employment land over and around the ‘Rotherwas Ribbon has been submitted to and approved in writing by the Local Planning Authority. The development hereby approved shall only take place in accordance with the detailed scheme approved pursuant to this condition.

Reason: The development affects a site on which archaeologically significant remains survive, and a design solution is sought to minimise archaeological disturbance through a sympathetic foundation design in order to comply with the requirements of Policy LD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework. The commencement of development in advance of such approval could result in irreparable harm to any identified heritage asset.

Employment Phase – Pre-occupation conditions

Travel Plan

Prior to the first occupation/use of the employment development hereby approved, a Travel Plan which contains measures to promote alternative sustainable means of transport for staff and visitors of the employment area permitted shall be submitted to and be 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 employment development. 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 five 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 to the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Floodlighting

Details including illumination areas, luminance levels and control systems of any floodlighting or external lighting proposed to illuminate any phase of the employment development, shall be submitted to and approved in writing by the Local Planning Authority before the use hereby permitted commences and the building(s) are occupied. 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 adjoining land uses, Dark Skies and to comply with Policy SD1, SS6 and LD1 of the Herefordshire Local Plan – Core Strategy, National Planning Policy Framework and Conservation of Habitats and Species Regulations (2018)

Car charging

Prior to the first occupation of each unit / building sited within the employment phase of the development hereby permitted a scheme to enable the charging of plug in and other ultra low emission vehicles (e.g. provision of outside electric sockets) to serve the staff and visitors of the employment uses hereby permitted shall by submitted and approved in writing by the Local Planning Authority. The scheme shall be completed in accordance with the approved details and provision retained and kept available for use thereafter.

Reason: To address the requirements policies in relation to climate change SS7 and SD1 of the Herefordshire Local Plan Core Strategy and the guidance contained within the National Planning Policy Framework.

Cycle

Prior to the first occupation of the employment uses/buildings hereby permitted, a scheme for long and short-stay cycle parking and associated end-of-trip facilities shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall include:

Long-Stay Storage: Secure, weatherproof, and well-lit storage for staff.
Visitor Parking: Conveniently located short-stay stands (e.g., Sheffield stands) within [15m–20m] of the main entrance.
Commuter Facilities: Detailed plans for on-site changing rooms, showers, and drying facilities for clothes and equipment.
E-Bike Charging: Provision for electric bike charging points for at least [e.g., 5-10%] of long-stay spaces.

The facilities shall be fully implemented before occupation and retained thereafter for the lifetime of the development.

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 to the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Highway

Prior to the first occupation of each unit / building sited within the employment phase of the development hereby permitted the access, turning area and parking facilities (including areas for the manoeuvring, parking, loading and unloading of vehicles) as detailed within the RM submissions relating to layout and landscaping (or subsequent conditions) shall have been laid out, consolidated, surfaced and drained. Such areas shall thereafter be retained and kept available for those uses at all times.

Reason: In the interests of highway safety and to comply with Herefordshire Core Strategy policies SS4 and MT1 and the National Planning Policy Framework.

Employment Phase(s) – Compliance Condition

Use class control

The land allocated for the employment phase of the development hereby permitted shall be used for Class B and E use only of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

Reason: The Local Planning Authority wish to control the specific use of the employment land/premises on this strategic site, in the interest of local amenity, highway safety, delivery of economic objectives and to comply with Policy SS5, E1, HD6, MT1 and SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

INFORMATIVES:

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.

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), 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.

Assessment is required to be undertaken in accordance with good practice guidance and needs to be carried out by a suitably competent person as defined within the National Planning Policy Framework 2019.

All investigations of potentially contaminated sites are required to undertake asbestos sampling and analysis as a matter of routine and this should be included with any submission.

Where ground gas or vapour protection measures are required, they shall be validated in accordance with current best practice guidance

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.

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.

In connection with Conditions 46 and 38, 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

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'

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.

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.

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.

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.

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.

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

This planning permission is pursuant to a planning obligation under Section 106 of the Town and Country Planning Act 1990.

The applicant should be aware that to be an accredited country park - Natural England-Green Flag – there are some very specific and detailed criteria that must be delivered. Careful use of the tern “country park” is requested to ensure there is no confusion or higher than reality expectations created. Criteria for accreditation can be found at https://www.gov.uk/government/publications/accredited-country-parks-in-england

The applicant is reminded that all natural planting should fully consider climate change and pest-pathogen resilience. To comply with the Highway Design Guide thorny and spikey species should not be planted adjacent or close to any public footpath, footway, cycleway of other highway feature

Prior to discharging condition 24, the applicant contacts us via floodrisk@herefordshire.gov.uk to discuss the ‘detailed design’ of the FEP so that further guidance can be provided

Consideration should be given to using the Active Design checklist in Sport England’s Active Design Guidance to assess reserved matters planning applications”

If you have any queries regarding the archaeological interest of the site or the requirements of the conditions relating to archaeological work, please contact HARC, Fir Tree Lane, Rotherwas, Hereford HR2 6LA (Tel: 01432 260470).

In regards to condition 35 Highways Improvement/off site works: the details shall be in general accordance with the submitted Informative Drawings: Hoarwithy Road Footway Drawing No. 07129-CI-A-SK08 PO3; Green Crize Crossing Drawing No. 07129-A-0060 P07; and Twyford Road Link Drawing No. 07129-CI-A-SK03 P10.

Supporting documents: