Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Site visit made on 29 June 2021 by L Page BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 02 September 2021 Appeal Ref: APP/W1850/W/21/3271693 Waters Edge, Sharman Pitch, Howle Hill HR9 5SP • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Peter Dowle of Howle Hill Nursery against the decision of Herefordshire Council. • The application Ref 190316, dated 22 January 2019, was refused by notice dated 6 November 2020. • The development proposed is erection of 9 dwellings and associated works. Decision 1. The appeal is allowed and planning permission is granted for the erection of 8 dwellings and associated works at Waters Edge, Sharman Pitch, Howle Hill HR9 5SP in accordance with the terms of the application, Ref 190316, dated 22 January 2019, and the plans submitted with it, subject to the conditions in the attached schedule. Procedural Matters 2. The site is located within the zone of influence of the River Wye Special Area of Conservation (SAC) and there is potential for likely significant effects.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision As the competent authority under the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations), if the potential for likely significant effects is confirmed, I am required to conduct an appropriate assessment as part of my decision. The matter has been treated as a main issue accordingly. 3. New evidence was submitted by the appellant under the appeal in relation to landscape and visual assessment, a draft statement of common ground and subsequent signed statement of common ground and associated particulars. The Council and other interested parties will have had an opportunity to make representations on the new evidence under the normal appeal procedures. The evidence has been accepted on this basis and I have considered the appeal accordingly. 4. The application that was originally submitted to the Council and subject to this appeal proposed the erection of 9 dwellings and associated works. However, through the application process the description of development was amended in agreement between the main parties to comprise the erection of 8 dwellings and associated works. The appeal has been dealt with accordingly and the amendment is reflected in the description of development in my decision.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision https://www.gov.uk/planning-inspectorate Appeal Decision APP/W1850/W/21/3271693 5. The revised National Planning Policy Framework (the Framework) was published 20 July 2021 and introduced a number of revisions that may be pertinent to the proposal. Consequently, the main parties were given an opportunity to comment on the revised Framework and any subsequent implications that may have emerged. In response, the Council also provided new evidence on their five year housing land supply position, which the appellant has duly commented on. Main Issues 6. The main issues relating to the proposal are: (a) whether it is in an acceptable location for housing in relation to the settlement strategy for the area; (b) the effects on the character and appearance of the area including the natural beauty of Wye Valley Area of Outstanding Natural Beauty (AONB); and (c) the effects on the River Wye SAC. Reasons Location 7. The site comprises land that is in commercial use as a plant nursery, offering landscaping services, including the sale and storage of plants, among other things. The land was formerly part of a quarry.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision However, notwithstanding its potential restoration status, because of the subsequent commercial use, it would be defined as previously developed land in accordance with Annex 2 of the Framework. 8. There is no objective evidence that the buildings are temporary, or that the site comprises other features that would preclude it from being defined as previously developed land. Similarly, there is no evidence that inclusion on a brownfield land register is a prerequisite for complying with the Framework’s definition. 9. In administrative terms, the site is located within the village of Howle Hill, which comprises a fragmented low density pattern of development reflective of its rural setting within the wider countryside. Policy RA2 of the Herefordshire Local Plan Core Strategy 2015 (CS) and Figure 4.15 therein identifies Howle Hill as a small village suitable for proportionate housing growth. There is no evidence that this designation was predicated on a bus service that is no longer in operation. Furthermore, there is no clear reference to a definition of proportionate for the purposes of applying policies within the CS. 10.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision In this context, based on the original evidence submitted under the appeal, the unmet need within Walford Parish stands at around 55 dwellings. There is no evidence that the revised five year housing land supply position for the wider area has changed the local situation. For example, there is no evidence that Howle Hill now has a disproportionate level of extant planning permissions. 11. Consequently, the additional 8 dwellings delivered by the proposal would make an appreciable contribution to this unmet need. However, it would remain limited to the extent that it would temper the risk of delivering disproportionate numbers of dwellings in one particular village within the area. Therefore, the proposal would deliver proportionate housing growth within Howle Hill. https://www.gov.uk/planning-inspectorate 2

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Appeal Decision APP/W1850/W/21/3271693 12. Given Howle Hill’s identification as a small village suitable for proportionate housing growth, it is implicit therein that the settlement has the service provision to support additional housing or is otherwise well located in relation to other service provision nearby. This bears out in practice when considering the site is located a short distance from Walford, which has a higher level of service provision, and an intermediate distance from Ross on Wye, which is a market town and key service centre for the area. 13. Consequently, notwithstanding the limited service provision that may exist within Howle Hill itself, these considerations, coupled with the proportionate number of dwellings comprised in the development, means that the proposal would be unlikely to overwhelm existing service provision or lack appropriate access to it. 14. In terms of the potential reliance on private vehicle when accessing services, even if most of the journeys were conducted in this manner, there is no evidence before me that such movements, due to the limited quantum of development proposed, would be in excess of the movements associated with the existing commercial use at the site.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision For example, it is highly likely that the commercial use is already frequented by private vehicles from staff, customers, and delivery personnel. Indeed, the transport assessment projects a reduction in movements associated with developing the site. 15. Moreover, this is likely to be one of the many advantages of putting previously developed land to another beneficial use, where there is already a baseline of impact. Consequently, as in this case, there are opportunities to ensure that existing impacts, such as those relating to transport, are subject to betterment. In this context, Paragraph 120 of the Framework is clear that decisions should give substantial weight to the value of using suitable brownfield land within settlements for homes. 16. Howle Hill is not subject to a neighbourhood development plan and is without a defined settlement boundary. Policy RA2 of the CS makes clear that proposals should be located in or adjacent to those settlements identified in Figures 4.14 and 4.15.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Paragraph 4.8.23 of the CS goes on to confirm that in the period leading up to the definition of appropriate settlement boundaries, proposals for residential development will be assessed against their relationship with the main built up area of the settlement. Furthermore, outside of these settlements new housing will be restricted to avoid unsustainable patterns of development and limited to exceptions under Policy RA3 of the CS. 17. Given the fragmented nature of Howle Hill’s pattern of development, the site’s relationship with the main built up area of the settlement is a matter of fact and degree based on the evidence presented in the case. Evidently, there is no readily identifiable village centre where the main built form might propagate. There is no objective evidence before me demonstrating the main built form should be based on historical associations, rather than how it presents on the ground today. 18. In this context, there is development along Sharman Pitch and Star Beech Hill, where the site is almost equidistant from the eastern and western extents of development, which are established by Little Howle Farm and a cluster of residential development respectively.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Consequently, it would be reasonable to determine that the site is within the eastern and western extents of the main built up area of the settlement. https://www.gov.uk/planning-inspectorate 3

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Consequently, it would be reasonable to determine that the site is within the eastern and western extents of the main built up area of the settlement. https://www.gov.uk/planning-inspectorate 3

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Appeal Decision APP/W1850/W/21/3271693 19. The site is approximately on or above the southern parallel of Little Howle Farm and other existing and potentially forthcoming1 residential development to the east and cluster of residential development to the west. It does not extend beyond this southern parallel to any material extent. Consequently, it would be reasonable to determine that the site is within the southern extent of the main built up area of the settlement. 20. There is appreciable development along Church Lane to the north east, sweeping south west, and comprise clusters of residential development. This would appear to roughly define the northern extent of the settlement. Consequently, it would be reasonable to determine that the site is within the northern extent of the main built up area of the settlement. 21. Altogether, the site is well related to existing development, being adjacent to residential development in the immediate vicinity, whilst also respecting the various extents of the main built up area. Field parcels that permeate the settlement are features of its fragmented low density pattern of development and reflective of its rural setting.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision They do not segregate the site from other development, and it is clear from my foregoing assessment that the site falls within the main built up area of Howle Hill, not outside of it. 22. I note the preceding appeal2 but the full details, including the arguments put to the inspector therein, are not before me and the proposal is of a fundamentally different scale. Notwithstanding, from reading their decision, it would appear that the proposal in question would extend to the east, beyond Little Howle Farm. Therefore, it would appear outside of the main built up area of the settlement and altogether is not comparable with the proposal in this case. The foregoing appeal would carry limited weight in this context. 23. In relation to the status of Little Howle Farm itself, even if it was not regarded as defining the main built up area of the settlement, there would remain existing and potentially forthcoming residential development to the east of the site. Consequently, the site would still fall within the main built up area of Howle Hill. 24. Overall, the proposal would be in an appropriate location for housing in relation to the settlement strategy for the area.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Consequently, Policy RA3 of the CS is not engaged and the proposal would accord with Policies SS1 and RA2 of the CS, which among other things identifies Howle Hill as a settlement suitable for proportionate housing growth. Character and Appearance 25. As already described earlier in my decision, the site is located within the main built up area of Howle Hill, which presents itself as a fragmented low density pattern of development reflective of its rural setting within the wider countryside. Farmsteads with agricultural buildings are interspersed throughout the landscape, as is residential development across a range of ages, sizes, and typologies. Consequently, there is not a particular or uniform design direction that would overly restrict other development. 1 Application Ref P172215/0 2 APP/W1850/W/17/3179678 https://www.gov.uk/planning-inspectorate 4

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Appeal Decision APP/W1850/W/21/3271693 26. Throughout the locality is an established network of green infrastructure comprising trees and hedgerows, which softens and obscures prevailing buildings to provide a verdant feel. The site is also located within the Wye Valley AONB, towards its peripheral eastern edge. In this context, it falls within the Landscape Management Zone: Wye Gorge (LMZ09) as identified in the Wye Valley AONB Management Plan 2016 (MP). 27. The special qualities of the zone, in terms of the built environment, include small clusters of historic squatter settlements on valley sides surrounded by intricate patterns of small fields, drystone walls and narrow lanes, among other things. The special qualities of the zone, in terms of the natural environment, include hedgerow networks often with mature trees, among other things. 28. The site is currently subject to a commercial use, comprising only a few buildings or structures, which are of a limited scale and include green houses and polytunnels. It appears to be one of the main commercial operations within the whole of Howle Hill, where the majority of other development appears to be residential in nature.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision The type of built environment at the site does not reflect any of the special qualities associated with the landscape management zone or that are set out in the MP. 29. In terms of the natural environment, the site would appear to benefit from a mature hedgerow network, interspersed with mature trees and a linear woodland belt, and is therefore consistent with one of the special qualities of the area. Outside of this particular setting, the site appears to play a limited role in its contribution to the special qualities of the area more generally. 30. In this context, the proposal would remove a commercial use that is not reflective of the special qualities of the area, albeit there is no evidence that the commercial use currently has a harmful effect. Consequently, its loss would have a neutral effect, preserving the natural beauty of the AONB. 31. The proposal would also deliver 8 dwellings at the site, which have been designed in a manner sympathetic to the heritage of the locality.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision For example, through the use of locally sourced materials comprising Forest of Dean Stone, sustainable timber cladding, sage green aluminium windows and dark grey seemed tin rooves, which would all be subject to further control via planning conditions. 32. Moreover, the form and arrangement of buildings would be analogous of cottage and barn style buildings reflective of the site’s rural location, and consistent with other examples of rural buildings in the region. Consequently, although the proposal would change the site to a different and residential character, the design of the buildings would ensure that it did not present itself as a nondescript suburban addition to the landscape. 33. It is acknowledged that the proposal would deliver buildings that are larger in scale compared to those currently on the site under the existing commercial use. However, the existing landscaping features, which are also special qualities of the area, would be subject to limited reconfiguration and ultimately become reinforced and enhanced by the proposal. Accordingly, new buildings on the site would be heavily screened by the natural environment. https://www.gov.uk/planning-inspectorate 5

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Appeal Decision APP/W1850/W/21/3271693 34. In addition, such screening effects would be amplified by the fact that most of the site is at a lower level compared to the surrounding land. Furthermore, retention of the woodland belt and further landscaping measures throughout the site’s interior would help provide additional mitigating effects to ensure that limited views into the the site are effectively controlled. 35. In relative terms, buildings on plots one and two would be more visible than others within the site, due in part to the intervening woodland belt. However, these buildings would be smaller by comparison and still receive appropriate levels of on plot landscaping to control overt urbanising effects. They would also sit opposite existing and potentially forthcoming residential development across the lane and would not appear incongruous in this context. 36. Altogether, these cumulative landscaping measures would ensure the proposal can assimilate into the locality by softening and obscuring buildings to preserve its broader verdant feel.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Consequently, in conjunction with the sensitively located and designed dwellings, the proposal would not present as a persistent and dominant feature out of keeping with the landscape of the AONB. 37. Overall, the proposal would preserve the character and appearance of the area, and the natural beauty of the Wye Valley AONB. It would therefore accord with Section 85 of the Countryside and Rights of Way Act 2000, Policies SS6, RA2 and LD1 of the CS, Policies WVD2 and WVD3 of the MP and Paragraph 176 of the Framework. Among other things, these legislative provisions and policies require great weight to be given to conserving and enhancing the landscape and scenic beauty of an AONB. River Wye SAC 38. The site is located within the River Wye SAC’s zone of influence, specifically relating to its drainage catchment. Given the lack of public sewerage system serving the site, the unmitigated discharge of private sewerage and surface water within the SAC’s drainage catchment could provide a pathway to generate likely significant effects on water quality. 39.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision The Council, in their role as competent authority when dealing with the original application at the site, pursuant to the Habitats Regulations, carried out an appropriate assessment and consulted Natural England in their role as the appropriate nature conservation body. 40. The outcome of the Council’s appropriate assessment confirmed that the discharge of private sewerage could be adequately mitigated by way of planning condition, which would require treatment before being allowed to soakaway, along with surface water, into land under the appellant’s control and eventually into the wider catchment. 41. Natural England raised no objection to this approach, in terms of mitigating significant adverse effects on the integrity of the SAC. I am satisfied that the Council’s appropriate assessment is rigorous, robust, and proportionate to the proposal’s effects. I am also satisfied that no additional information has emerged in the intervening period that would make it out of date. Guidance3 confirms that an appropriate assessment of another competent authority can be relied upon in this context.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision 3 Habitats regulations assessments: protecting a European site; published by Defra and Natural England et al February 2021 https://www.gov.uk/planning-inspectorate 6

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision 3 Habitats regulations assessments: protecting a European site; published by Defra and Natural England et al February 2021 https://www.gov.uk/planning-inspectorate 6

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Appeal Decision APP/W1850/W/21/3271693 42. Altogether, I am satisfied that the appropriate assessment demonstrates that the proposal would not have significant adverse effects on the SAC, because water quality would be sufficiently controlled by planning condition. There is no evidence that a planning obligation is necessary in this case, on the basis that the land is within the appellant’s control and therefore a planning condition represents an appropriate mechanism for securing mitigation measures. 43. For example, the mitigation measures can be implemented by the appellant, whilst future maintenance and operation can be enforced by the Council without legal impediment that might otherwise require a planning obligation. This is consistent with Paragraph 55 of the Framework, which confirms that planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition. 44. Overall, mitigation would ensure the proposal did not have significant adverse effects on the integrity of the SAC. It would therefore comply with the Habitats Regulations, Policies SS6, SD3 and SD4 of the CS.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Among other things, these legislative provisions and policies seek to conserve key habitats and species as part of the Natura 2000 network of designated sites. Planning Balance 45. It was originally accepted that the Council could not demonstrate a sufficient level of housing land supply. However, new evidence suggests that a five year housing land supply does exist. Even if the Council can demonstrate a five year housing land supply, I have found no adverse effects resultant from the proposal. 46. It has been found to be in accordance with the development plan, and other relevant statutory duties, under each of the main issues. There are no material considerations indicating that a decision should be taken otherwise than in accordance with the development plan. Other Matters 47. The emerging neighbourhood development plan is in the very early stages of preparation. It has not been examined and any policies within it are subject to change. Consequently, the neighbourhood development plan, insofar as it currently exists, cannot be relied upon at this juncture and carries limited weight under the appeal. 48.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision A number of other matters have been raised by other interested parties under the appeal, including among other things whether the proposal constitutes demolition, the site’s planning history, the status of Howle Hill as a village or a hamlet and the volume of objections in and of themselves. Many of these matters are not material to the determination under the appeal or have not been supported by tangible countervailing evidence. 49. Technical details underpinning the visibility splays are not in dispute between the main parties, nor have they been objected to by technical consultees. Consequently, without substantive counter evidence of the same kind, such as detailed drawings, I have no reason to question the reliability of the technical details in front of me. https://www.gov.uk/planning-inspectorate 7

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Appeal Decision APP/W1850/W/21/3271693 50. Light pollution mapping is not in front of me, nor is there evidence that the configuration of the buildings that are part of the proposal would give rise to further light pollution, or that this would be to the extent required to be determinative under the appeal. Light pollution insofar as it relates to biodiversity is controlled by way of planning conditions. Conditions 51. The main parties agreed on 21 planning conditions which are set out within the signed statement of common ground. These were all considered against the Framework and Planning Practice Guidance. Some conditions were subject to minor amendments whilst others were removed and reordered in the interests of consistency, clarity and to avoid duplication. 52. In particular, drainage conditions were grouped together towards the beginning of the schedule and contamination conditions were amended and reordered for clarity. All the conditions in the attached schedule are considered necessary to make the development acceptable in planning terms. 53. Securing time limits on implementation and compliance with the approved plans is necessary to provide certainty.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Controlling construction traffic is necessary in the interests of highway safety during construction. Further information on visibility splays is necessary to ensure the site can be accessed in a safe manner during construction and post occupation. Tree protection measures are necessary to ensure that the special qualities of the site are preserved during construction. 54. Securing further details for surface and foul water drainage measures is necessary to ensure that all water is dealt with appropriately and that the water environment is preserved. Implementation of surface and foul water drainage measures is similarly necessary. These details are also fundamental to the conclusions of the appropriate assessment under the Habitats Regulations, to mitigate significant adverse effects on the Wye River SAC. Biodiversity enhancement is necessary pursuant to applying net gain principles at the site. 55. Contamination and remediation measures are necessary in the interests of identifying and controlling potential contamination and mitigating any effects on human health. Materials samples are necessary to ensure the finishes of the buildings are in-keeping with the prevailing character and appearance of the area.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Water and energy efficiency measures are necessary to ensure that the proposal complies with technical standards governing the sustainable use of resources. 56. Cycle parking is necessary so that users have options other than the private car and can therefore choose to travel sustainably. Landscape implementation, management and maintenance measures are necessary to ensure the landscape scheme approved as part of the proposal has material effect. 57. Controlling details of access construction is necessary to ensure the site can be accessed in a safe manner and that highway safety is preserved post occupation. Compliance with ecological mitigation and working methods is necessary to ensure construction commences in a manner that does not adversely affect any protected species that inhabit the site. Controlling construction times is necessary to protect living conditions of occupiers. https://www.gov.uk/planning-inspectorate 8

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision Appeal Decision APP/W1850/W/21/3271693 58. Planning Practice Guidance is clear that pre-commencement conditions should only be used where clearly justified, likely meaning requirements of the condition are fundamental to the development permitted and it would otherwise be necessary to refuse permission. Pre-commencement conditions relating to visibility splays, tree protection, surface water and foul drainage, biodiversity and contamination are necessary to ensure that matters of safety or sensitive receptors would not be adversely affected if construction was permitted without prior controls. 59. Given the explicit agreement on all conditions within the statement of common ground, it is considered that for all intents and purposes the procedural requirements set out in Town and Country Planning (Pre-commencement Conditions) Regulations 2018 (as amended) have been followed and the appellant has provided a substantive response, confirming that they were happy with the pre-commencement conditions set out therein. Consequently, it has not been necessary to consult them further in this regard under the appeal. Conclusion 60.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Appeal Decision For the reasons given, the proposal is in accordance with the development plan and there are no material considerations indicating that a decision should be taken otherwise than in accordance with the development plan. The appeal is therefore allowed, and planning permission is granted subject to conditions in the attached schedule.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page INSPECTOR https://www.gov.uk/planning-inspectorate 9

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page INSPECTOR https://www.gov.uk/planning-inspectorate 9

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page Appeal Decision APP/W1850/W/21/3271693 Schedule of Conditions 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby permitted shall be carried out in accordance with the following approved plans and documents: a. Location Plan b. D/4 – Landscape Plan c. 7715/50 Rev A – Site Layout Plan d. SK01 Rev E – Access Arrangements – Sharman Pitch e. SK02 Rev E – Access Arrangements - Crossways f. SK03 Rev A – Visibility Splay Assessment g. 7715/2 - House Type A (Plots 1&2) h. 7715/52 – Plans and Elevations House Type 2C i. 7715/53 – Plans and Elevations House Type 2C1 j. 7715/54 – Plans and Elevations House Type 2D k. 7715/55 – Plans and Elevations House Type 2D1 l. 7715/56 – Plans and Elevations House Type 2E m. 7715/57 – Plans and Elevations House Type 2E1 n. 7715/58 – Street Elevations o. 7715/59 – Overall Site Sections p. 001 Rev P06 - Drainage Strategy q. Arboricultural Impact Assessment produced Adrian Hope Tree Services (ref 13866) dated 19th October 2018. 3. Development shall not commence until the following details have been submitted to and approved in writing by the local planning authority: a.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page A method for ensuring mud is not deposited onto the Public Highway b. Construction traffic access location c. Parking for site operatives d. Construction Traffic Management Plan The development shall be carried out in accordance with the approved details for the duration of its construction. 4. Development shall not commence until, visibility splays, and any associated set back splays at 45 degree angles have been provided from a point 0.6 metres above ground level at the centre of the access to the application site and 2.4 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 43 metres in each direction along the nearside edge of the adjoining carriageway in accordance with drawing SK03. Nothing shall be planted, erected or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above. 5. Development shall not commence until a tree protection plan in accordance with BS5837:2012 has been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details for the duration of its construction. https://www.gov.uk/planning-inspectorate 10

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page Appeal Decision APP/W1850/W/21/3271693 6. Development shall not commence until the following details have been submitted to and approved in writing by the local planning authority: a. Detailed drawings of the proposed surface water and foul water drainage systems, including cross sections through key features such as permeable paving and drainage field. b. Detailed calculations of the proposed surface water drainage system to demonstrate no increased flood risk up to and including the 100 year event with 40% climate change allowance. FEH 2013 rainfall data is expected. Calculations should be based on the findings of updated infiltration testing c. Further information regarding site levels to demonstrate that flow that may temporarily overwhelm the inlet capacity of the permeable paving will be retained within the road and parking areas up to the 100 year + CC event. d. Detailed calculations of the proposed foul water drainage field using a more appropriate Vp. e. Plans/sections of proposed levels designed to contain highway runoff within the channel adjacent to plot 5. f. Survey demonstrating condition and route of the surface water drain serving the highway. g.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page Details of the proposed headwall from the highway drainage pipe. h. Additional survey of the area proposed for the foul drainage field to demonstrate appropriate fall through the drainage field. i. Infiltration testing at the location and depth of the proposed drainage field in accordance with BS6297 and Section 1.32 of Building Regulations Part H. j. Infiltration testing at the location and depth of proposed surface water infiltration features undertaken in accordance with BRE365. k. Suitable testing to confirm that groundwater levels are at least 1m below the base of all infiltration features. l. Evidence confirming landowner agreement for installation of the drainage field, chamber, and provisions for tanker access. m. Demonstration that each package treatment plant will have its own control system and that any communal systems are located in communal areas. n. Details of ongoing drainage infrastructure maintenance. The drainage systems should ensure that all foul water drainage discharges through connection to new private foul water treatment plants specific to each dwelling with final outfall to a shared soakaway drainage field on adjacent land that is under the legal control of the applicant.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page Furthermore, that all surface water drainage discharges to an appropriate sustainable drainage system. The development shall be carried out and maintained and operated in accordance with the approved details and manufacturers specifications and implemented prior to the first occupation of the development. 7. Development shall not commence until a detailed scheme for proposed biodiversity net gain enhancement features, including the provision for bat roosting and hibernation, bird nesting, hedgehog homes, pollinating insect ‘nesting’, has been submitted to and approved in writing by the local planning authority. https://www.gov.uk/planning-inspectorate 11

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page Furthermore, that all surface water drainage discharges to an appropriate sustainable drainage system. The development shall be carried out and maintained and operated in accordance with the approved details and manufacturers specifications and implemented prior to the first occupation of the development. 7. Development shall not commence until a detailed scheme for proposed biodiversity net gain enhancement features, including the provision for bat roosting and hibernation, bird nesting, hedgehog homes, pollinating insect ‘nesting’, has been submitted to and approved in writing by the local planning authority. https://www.gov.uk/planning-inspectorate 11

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page Appeal Decision APP/W1850/W/21/3271693 The scheme shall include an implementation and maintenance programme and be implemented and maintained as approved. No external lighting part of the development should illuminate any biodiversity net gain feature or adjacent habitat. 8. Development shall not commence until the following details have been submitted to and approved in writing by the local planning authority: a. a desk study report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment b. if the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s); a scheme of site investigation, including to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and a risk assessment to identify receptors. c. if the risk assessment in (b) identifies unacceptable risk(s); a scheme of remediation, including remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed. d.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page on completion of the remediation scheme; a validation report, including details confirming that all works were completed in accordance with the remediation scheme. All schemes shall include an implementation programme and be implemented as approved. 9. If previously unidentified contamination is discovered during construction, all works shall cease until schemes for site investigation and remediation in accordance with details set out under Condition No. 8 (b) and (c), and a validation report in accordance with details set out under Condition No. 8 (d) have been submitted to and approved in writing by the local planning authority. All schemes shall include an implementation programme and be implemented as approved. 10. With the exception of any site clearance and groundworks, other development shall not commence until samples of materials to be used externally on walls and roofs have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 11.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page With the exception of below ground works, other development shall not commence until the following details have been submitted to and approved in writing by the local planning authority: a. Air source heat pumps to all dwellings b. Triple glazing to all dwellings c. Provision for electric car charging in all dwellings d. Insulation e. Grey and rain water harvesting f. Electric charging points Development shall be carried out in accordance with the approved details and implemented prior to the first occupation of the development. https://www.gov.uk/planning-inspectorate 12

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page With the exception of below ground works, other development shall not commence until the following details have been submitted to and approved in writing by the local planning authority: a. Air source heat pumps to all dwellings b. Triple glazing to all dwellings c. Provision for electric car charging in all dwellings d. Insulation e. Grey and rain water harvesting f. Electric charging points Development shall be carried out in accordance with the approved details and implemented prior to the first occupation of the development. https://www.gov.uk/planning-inspectorate 12

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page Appeal Decision APP/W1850/W/21/3271693 12. Prior to the first occupation of the development, a scheme demonstrating measures for the efficient use of water as per the optional technical standards contained within Policy SD3 of the Herefordshire Local Plan Core Strategy 2015 shall be submitted to and approved in writing by the local planning authority. The scheme shall be carried out in accordance with the approved details and implemented prior to the first occupation of the development. 13. Prior to the first occupation of the development, a scheme for the provision of covered and secure cycle parking facilities within the curtilage of each dwelling shall be submitted to and approved in writing by the local planning authority. The scheme shall be carried out in accordance with the approved details, implemented prior to the first occupation of the development and retained for occupier cycle parking thereafter. 14. Prior to the first occupation of the development, a scheme of landscape implementation, management and maintenance covering a period of 5 years shall be submitted to and approved in writing by the local planning authority. The scheme shall include measures for retained trees.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page The scheme shall be carried out, managed, and maintained in accordance with the approved details. 15. Prior to the first occupation of the development, details of how the vehicular access will be constructed shall be submitted to and approved in writing by the local planning authority. The details shall include a gradient that is not steeper than 1 in 12. The vehicular access shall be carried out in accordance with the approved details and implemented prior to the first occupation of the development. 16. The ecological protection, mitigation, compensation and working methods scheme including the presence of an ecological clerk of works, as recommended in the ecology report by Janet Lomas dated November 2018 shall be implemented and maintained in accordance with the details set out therein. No external lighting part of the development should illuminate any boundary features, adjacent habitats, or areas around the approved protection, mitigation, and compensation. 17.

Waters Edge, Sharman Pitch, Howle Hill, Ross on Wye, Herefordshire, HR9 5SP — Herefordshire Council — Liam Page During construction, no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00am-6.00pm, Saturday 8.00am- 1.00pm nor at any time on Sundays, Bank or Public Holidays. End of Schedule https://www.gov.uk/planning-inspectorate 13