Ward: Leominster North

The receipt of a letter of objection was reported and a letter from the agent acting for the applicants stating that they were prepared to offer £10,000 towards the cost of a heritage trail.

 

In accordance with the criteria for public speaking, Mr. Barker (objector) spoke against the application and Mr. Pollock (agent of the applicants) spoke in favour.

 

Councillor Mrs JP French said that there were considerable concerns expressed by the local community about a number of aspects of the application including  highways matters, the potential to preserve some of the historic structures on the site, traffic congestion, air pollution and the lack of infrastructure to support a residential development of this size.  She felt that it was essential for the historic aspects of the site to be recognised and for more work to be done on the provision of adequate community facilities.  It was also essential that improvements were carried out to the affected road junctions before any of the proposed new dwellings were occupied.

 

Councillor J.P. Thomas felt that the potential community gain from the application did not mitigate the strain that would be placed on the local community.  He noted concerns about air quality at the Bargates junction and that the situation may only be improved through modal shift, vehicle technology and other measures which would take time to emerge.  Councillor Thomas noted the need to develop the site on a comprehensive basis and felt that the local highways network, affordable housing and infrastructure improvements were crucial components.  Several members also commented on the need to preserve the wartime heritage of the site.

 

In response to Members’ concerns, the Northern Team Leader explained the improvements to the highway system and noted that the affordable housing provision at Barons Cross Camp would meet the needs of Leominster for the Unitary Development Plan (UDP) period as identified through the Leominster Housing Needs Survey.  He also pointed out the conditions proposed for the planning consent which would help to meet those concerns.

 

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 Affordable Housing, Education, Transport, Public Open Space and Community Building 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 -     A02 (Time limit for submission of reserved matters (outline permission) )

 

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

 

2 -     A03 (Time limit for commencement (outline permission) )

 

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

 

3 -     A04 (Approval of reserved matters )

 

         Reason: To enable the local planning authority to exercise proper control over these aspects of the development.

 

4 -     A05 (Plans and particulars of reserved matters )

 

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

 

5 –    H17 (Junction improvement/off site works)

        

         Reason: To ensure the safe and free flow of traffic on the highway.

 

 

6 -     H18 (On site roads - submission of details )

 

         Reason: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied.

 

7 -     H19 (On site roads - phasing )

 

         Reason: To ensure an adequate and acceptable means of access is available before the dwelling or building is occupied.

 

8 -     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.

 

9 -     H21 (Wheel washing )

 

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

 

10 -   H26 (Access location )  (from Cholstrey Road only)

 

         Reason: In the interests of highway safety.

 

11 -   H27 (Parking for site operatives )

 

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

 

12 -   H29 (Secure cycle parking provision )  (one space per bedroom)

 

         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.

 

13 -   None of the buildings hereby approved shall be occupied until either the essential improvement works to the public sewerage system has been completed by the sewerage undertaker or 31 March 2008, whichever is earlier, and this has been confirmed in writing by the Local Planning Authority.

 

         Reason:  To ensure the development is effectively drained and that the existing hydraulic overloading of the public sewerage system, which causes sewage flooding is not worsened.

 

14 -   Foul water and surface water discharges must be drained separately from site.

 

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

 

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

 

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

 

 

16 -   No land drainage run-off will be permitted to discharge to the public sewerage system.

 

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

 

17 -   No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system including the use of Sustainable Urban Drainage Systems has been submitted to and approved in writing by the Local Planning Authority.  Surface water generated from the site shall be limited to the equivalent Greenfield runoff rate for the site (54 litres per second).  The scheme shall be implemented in accordance with the approved details (including drainage strategy 50529/500 rev c), unless otherwise agreed in writing by the Local Planning Authority in consultation with the Environment Agency.

 

         Reason:  To prevent the increased risk of flooding and provide water quality benefits by ensuring the provision of a satisfactory means of surface water disposal.

 

18 -   Prior to the commencement of development, details of the construction and design of the attenuation pond, as shown on plan 101 rev d, including volumes, contours and habitat/landscaping features, shall be submitted to and approved in writing by the Local Planning Authority.

 

         Reason:  To ensure that the attenuation pond is sized to cater for the 1 in 100 year storm period (green field run-off rate of 54 litres/second for the site) and includes biodiversity/habitat features.

 

19 -   Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained.  Roof water shall not pass through the interceptor.

 

         Reason:  To prevent pollution of the water environment.

 

20 -   F25 (Bunding facilities for oils/fuels/chemicals )

 

        Reason: To prevent pollution of the water environment.

 

21 -   All foul drainage from the development shall be discharged to the mains foul sewer.

 

         Reason:  To provide a sustainable foul drainage system and prevent pollution of the water environment.

 

22 -   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 development has submitted, and obtained written approval from the Local Planning Authority for, an addendum to the Method Statement.  This addendum to the Method Statement must detail how this unsuspected contamination shall be dealt with.

 

         Reason:  To ensure that the development complies with approved details in the interests of protection Controlled Waters.

 

23 -   D02 (Archaeological survey and recording )

 

         Reason: A building of archaeological/historic/architectural significance will be affected by the proposed development.  To allow for recording of the building during or prior to development.  The brief will inform the scope of the recording action.

 

24 -   No burning on site shall be permitted during the construction phase.

 

         Reason:  In order to protect the amenity of occupiers of nearby properties.

 

25 -   No construction work/construction traffic from the proposed development which will be audible to the nearest residential property shall be permitted between the hours of 1800 to 0800 Monday to Friday nor before 0800 and after 1300 on Saturdays.  No noisy work/construction traffic audible to the nearest residential property shall be permitted on Sundays, Bank Holidays and public holidays.  Prior consent from Herefordshire Council must first be obtained if construction work is proposed to fall outside these hours, for any event.

 

         Reason:  In order to protect the amenity of occupiers of nearby properties.

 

26 -   A scheme to identify, investigate and assess the extent of any contamination on those areas of the site where buildings are to be demolished shall be submitted to and approved in writing by the Local Planning Authority.

 

         Reason: To ensure that potential contamination of the site is satisfactorily assessed.

 

27 -   A completion report shall be submitted, confirming that no contamination was found, or identifying areas of contamination found during development works and verifying the remediation in accordance with the approved remedial measures.

 

         Reason: To ensure that potential contamination is removed or contained to the satisfaction of the Local Planning Authority.

 

28 – Notwithstanding the provisions of the Town and Country (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) no development falling within Class A of Part 2 of Schedule 2 to that order (ie the erection, construction, maintenance, improvement or alteration of a gate, fence or wall or other means of enclosure) shall be carried out to any dwelling that fronts onto an area designated as ‘Home Zone’ on the Masterplan approved under this planning permission unless, upon application, planning permission is granted for the development concerned.

 

         Reason:  To ensure the integrity of the design of this part of the site is maintained.

 

29 -   The development hereby permitted shall be carried out in accordance with the Masterplan and in accordance with a phased programme to be submitted to and approved in writing, prior to the commencement of any development, by the Local Planning Authority.

 

        Reason:  To ensure that development proceeds in line with capacity constraints.

 

30    G02 (Landscaping scheme)

 

        Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

 

31     G03 (Implementation of landscaping scheme)

 

Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment.

 

32     Air quality monitoring for nitrogen dioxide shall be undertaken for a minimum of 3 months following completion of the junction improvements at Bargates.  Monitoring shall be undertaken utilising real-time chemiluminescent techniques, at a location to be agreed with the Local Planning Authority.

 

Reason:  In order to measure the impact of the development against pollution targets.

 

 

Informatives:

 

1 - N15 - Reason(s) for the Grant of PP/LBC/CAC

2 – This permission is granted pursuant to an agreement under section 106 of the Town and Country Planning Act 1990.

3 - Highway notes

 

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.