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Agenda item

22/00465/APP - Land to the South of Down Hatherley Lane, Down Hatherley

PROPOSAL: Approval of reserved matters (appearance, landscaping, layout and scale) pursuant to outline planning permission 19/00771/OUT for the erection of 32 dwellings.

 

OFFICER RECOMMENDATION: Approve

Minutes:

37.9          This was an approval of reserved matters application (appearance, landscaping, layout and scale) pursuant to outline planning permission 19/00771/OUT for the erection of 32 dwellings.

37.10        The Senior Planning Officer advised that outline planning permission, with all matters reserved except access, had been granted for the erection of up to 32 new homes including affordable housing, access, drainage and other associated works.  The reserved matters proposal would provide 32 dwellings which would be accessed from a central cul-de-sac estate road with the dwellings located either side.  The proposal would provide an area of public open space to the northern corner of the site along with an attenuation basin and landscaping throughout the site itself.  The proposal would provide 11 affordable dwellings, as required by the original permission, with the mix and tenure providing approximately 70% affordable rented and 30% shared ownership in line with the completed Section 106 Agreement.  The proposed layout was broadly similar to that illustrated within the original application and sought to follow the indicative design approach and details within the additional supporting documents.  It was considered that the proposal would result in a development with an acceptable appearance, layout and scale which was compliant with the conditions attached to the original outline consent and would result in a high quality development which would complement the character of the village as a whole.  The development proposed areas of informal landscaping, acting as green buffers between the proposed housing and informal areas of public space.  Green verges were also proposed within the internal footpaths of the site.  It was considered that, as a result of the design, layout and separation distances, there would be no undue impact on the residential amenity of existing and future residents of the site.  As detailed in the Committee report, it was concluded that the proposal would accord with the outline consent and parameters therein and was acceptable in terms of access, layout, scale, appearance and landscaping.

37.11        The Chair invited the applicant’s representative to address the Committee.  The applicant’s representative explained that the site was allocated for housing in the Joint Core Strategy and had outline planning permission which was granted by the Committee in March 2021.  As set out in the report, the details of the access were approved at the outline stage.  As a result, the matters before Members today related to the remaining reserved matters of appearance, landscaping, layout and scale.  The overarching design principle was based around making a feature of the Oak tree in the front corner of the site.  It was felt that the scheme complied with the Council’s policies on design and those that protected neighbouring residents.  It provided a policy compliant mix of homes with 11 affordable dwellings, of which 70% would be rent.  The applicant’s representative noted the concerns raised by the Parish Council in respect of flooding and that there was sometimes standing water on the site due to the late-Victorian drains not working properly.  In response to those concerns, he explained that this matter had been subject to robust testing by the Lead Local Flood Authority at the outline stage when a detailed CCTV survey of the A38 culvert had been undertaken with its capacity subject to extensive hydraulic modelling with sensitivity testing.  This assessment of flood impact demonstrated that the culvert had sufficient capacity to accept the two litres per second discharge rate and, in all scenarios, the flow in the culvert would remain below cover level, including when the River Severn was in flood.  This assessment, and supporting CCTV surveys and modelling, was publicly available on the Council’s website.  The applicant’s representative also wished to note that the detailed design had been submitted pursuant to the relevant conditions of the outline application and there being no objection from the Lead Local Flood Authority.  In conclusion, the principle of development of the site had been established by the grant of outline planning permission and the applicant agreed with Officers that the reserved matters application complied with the various detailed design policies and principles established by the outline consent.  Whilst the applicant understood the concern expressed by the Parish Councils, the capacity of the A38 culvert was assessed thoroughly at the outline stage.  Accordingly, the proposed development complied with the development plan and he hoped Members were able to agree with the Officer recommendation.

37.12        The Chair indicated that the Officer recommendation was to approve the application and he sought a motion from the floor.  A Member queried whether authority could be delegated to the Development Manger to approve the application in order to resolve the Section 278 highways issues.  He also raised concern that there was no mention of the Council’s five year housing land supply position.  In response, the Senior Planning Officer advised that the Council now had an established five year housing land supply and this was a reserved matters application for residential development of the site which was acceptable in principle.  The Development Management Team Leader explained that a Section 278 was an agreement between the County Council and the developer which allowed the developer to go onto the highway to execute work.  It would be unreasonable to delay approval of the reserved matters application for that reason and, from her experience, she felt there would be risk of costs being awarded against the Council should Members resolve to do that.  The Member drew attention to Page No. 75 of the Committee report which included an informative regarding works on the public highway and he explained that he was only asking for that to be put in place to avoid a situation to the development at Coombe Hill where access was supposed to be from the A38 but had been constructed off a side road.  The Senior Planning Officer advised that the access had been approved at the outline stage and was from Down Hatherley Lane as opposed to the A38.  The informative at Page No. 75 was standard wording which was included on decision notices where works to the public highway were required.  The Development Manager clarified that this was a highway matter which was subject to a separate regime and the informative was provided to guide the developer so it would be unreasonable of the Council to tie this to the granting of the reserved matters approval.

37.13        It was proposed and seconded that the application be approved in accordance with the Officer recommendation and, upon being put to the vote, it was

RESOLVED           That the application be APPROVED in accordance with the Officer recommendation.

Supporting documents: