Ward: Bromyard

The receipt of a letter of objection from Bromyard & Winslow Town Council was reported.

 

The Development Control Manager drew attention to the draft heads of terms proposed for the Section 106 Obligation which had been included within the agenda to provide more background information for members about such applications.

 

In accordance with the criteria for public speaking, Mr. Cave (Bromyard & Winslow Town Council) Mrs Phillips/Mr Brinkworth (objectors) spoke against the application and Mr. Connolly (agent of the applicant) spoke in favour.

 

Councillor B Hunt, one of the Local Ward Councillors, noted the concerns raised by the objectors but pointed out that there were a number of conditions to be met to cover these if permission was granted, including a geological report and vehicular access from Old Road.  It was also noted that although a play area could not be included within the site, the developers were prepared to pay a commuted sum towards the cost of play provision within Bromyard.

 

RESOLVED THAT

 

1.         The Legal Practice Manager be authorised to complete a planning obligation under Section 106 of the Town and Country Planning Act 1990 with regard to Education and Transport and any additional matters and terms as he considers appropriate.

 

2.         Upon completion of the aforementioned planning obligation that the officers named in the Scheme of Delegation to Officers be authorised to issue planning permission subject to the following conditions:

 

1       A01 (Time limit for commencement (full permission)).

 

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2       A07 (Development in accordance with approved plans).

 

         Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

 

3       B01 (Samples of external materials).  (walls, roofs and private drives)

 

         Reason: To ensure that the materials harmonise with the surroundings.

 

4       Prior to the commencement of development, the applicant shall, in conjunction with the Council's Historic Buildings Officer, agree a schedule of works to cover any necessary works of repair to the Old Road wall.  Works of repair shall be carried out in accordance with the agreed details before first occupation of the dwellings hereby approved.

 

         Reason: In order to safeguard the character and appearance of this wall.

 

5       G04 (Landscaping scheme (general)).

 

         Reason: In order to protect the visual amenities of the area.

 

6       G05 (Implementation of landscaping scheme (general)).

 

         Reason:  In order to protect the visual amenities of the area.

 

7       G06 (Scope of landscaping scheme)

 

         Reason:  In order that the local planning authority may be satisfied that the deposited scheme will meet their requirements.

 

8       G13 (Landscape design proposals).

 

         Reason: In the interests of visual amenity.

 

9       G19 (Existing trees which are to be retained).

 

         Reason: In order to preserve the character and amenity of the area.

 

10     D01 (Site investigation – archaeology).

 

         Reason: To ensure the archaeological interest of the site is recorded.

 

11     F20 (Scheme of surface water drainage)

 

         Reason:  To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface swater disposal.

 

12     F22 (No surface water to public sewer)

 

         Reason:  To safeguard the public sewerage system and reduce the risk of surcharge flooding.

 

13     Foul water and surface water discharges must be drained separately from the site.

 

         Reason:  To protect the integrity of the public sewerage system.

 

14     No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system.

 

         Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

 

15     No land drainage run-off will be permitted, either directly or indirectly, to discharge into the public sewerage system.

 

         Reason:  To prevent hydraulic overload of the public sewerage system and pollution of the environment.

 

16     The proposed development site is crossed by a public sewer with the approximate position being marked on the attached Statutory Public Sewer Record.  Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.  No part of the building will be permitted within 3 metres either side of the centreline of the public sewer.

 

         Reason:  To protect the integrity of the public sewer and avoid damage thereto.

 

17     F16 (Restriction of hours during construction).

 

         Reason: To protect the amenity of local residents.

 

18     No development shall commence on site of any sort, or materials or machinery brought to the site for the purpose of development until a full bat survey in accordance and in agreement with the Council's Ecologist has been submitted to and approved in writing by the local planning authority and any mitigating measures including DEFRA licensing if required for the agreed scheme may be implemented on site.  These measures shall be maintained in good condition on site until and throughout the construction works and during removal of materials and machinery at the end of development.  Any disturbance during construction works shall be made good by completion.

 

         Reason: To ensure that the nature conservation of the rest of the site is protected.

 

19     H09 (Driveway gradient).

 

         Reason: In the interests of highway safety.

 

20     The development hereby permitted shall not be commenced until the Old Road areas for the manoeuvring, parking, loading and unloading of construction traffic has been laid out, consolidated, surfaced and drained in accordance with a scheme to be submitted to and approved by the local authority.

 

         Reason:  In the interests of highway safety and neighbourhood amenity.

 

21.        All construction traffic and deliveries for the development hereby permitted shall access the site from Old Road only, and shall use these access roads in a one-way manner only. The use of these access roads shall not be implemented until details of the one-way system have been submitted to  and approved in writing by the Local Planning Authority.

 

Reason: In the interest of neighbourhood amenity and  of highway safety.

 

22    H03 (Visibility splays)  (for Old Road)(2.4mx 90m)

       

Reason: In the interest of highway safety.

 

23    The two private drives from Old Road hereby permitted, shall be permanently separated from one another to serve a maximum of 5 dwellings each, prior to the first occupation of any of the dwellings hereby approved.

 

Reason: In the interest of highway safety.

 

24    H19 (On site roads – phasing)

 

        Reason:  To ensure an adequate and acceptable means of access is available before the dwellings are occupied.

 

25    H20 (Road completion in 2 years or 75% of development

 

        Reason:    In the interests of highway safety and convenience and a well co-ordinated development.

 

        26        H21 (Wheel washing)

 

        Reason:  To ensure that the wheels of vehicles are cleaned before leaving the site in the interests of highway safety.

 

        27        H26 (Access location)  (from Old Road only)

 

        Reason:  In the interests of highway safety.

 

        28        H27 (Parking for site operatives) (for Old Road only)

 

        Reason:  To prevent indiscriminate parking in the interests of highway safety.

 

29         H29 ((Secure cycle parking provision)

 

Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy.

 

30    H06 (Vehicular access construction) 

 

Reason:  In the interests of highway safety.

 

31  H13 (Access turning area and parking)

 

         Reason:  In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

32  H11 ((Parking – estate development (more than one house))

 

         Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

             Informatives:

1.            N15 - Reason(s) for the Grant of PP.

2.            HN1 – Mud on highway

3.            HN4 – Private apparatus within highway

4.            HN5 – Works within the highway

5.            HN7 – Section 278 Agreement

6.            HN10 – No drainage to discharge to highway

7.            HN13 – Protection of visibility slays on private land

8.            HN22 – Works adjoining highway

9.            This permission is granted ursuant to an agreement under Section 106 of the Town and Country Planning Act 1990.

 

3)    That the officers named in the Scheme of Delegation to Officers be authorised to amend the above conditions as necessary to reflect the terms of the planning obligation.