Change of use of land (part retrospective) from agricultural to site for seasonal agricultural workers’ accommodation for up to 173 caravans/mobile homes for permanent retention on site, including associated regrading of the site, laying out of dressed hardcore access tracks and of ancillary informal grassed recreational space.

Change of use of land (part retrospective) from agricultural to site for seasonal agricultural workers’ accommodation for up to 173 caravans/mobile homes for permanent retention on site, including associated regrading of the site, laying out of dressed hardcore access tracks and of ancillary informal grassed recreational space.

 

The Principal Planning Officer reported that the agent had provided additional information regarding the provision of landscaping against the southern edge of the brook and also the potential impact of the development upon Great Crested Newts. 

 

He also reported the responses from Natural England and the Conservation Manager (Ecology) and stated that both advised that they would prefer a larger buffer between the caravan site and the brook.  However, each was prepared to accept a narrower, 6-metre buffer provided that an implementation and management condition was attached to each of the 3 Coleraine Farm applications on the agenda. Finally he added that the additional ecological survey work provided sufficient assurance that there would not be any significant adverse effect upon Great Crested Newts.

 

In accordance with the criteria for public speaking, Mr Littleford spoke in objection to the application, and Mr Chinn, the applicant, spoke in support.

 

Councillor JG Jarvis, the local ward member, praised the planning officer for a detailed and fair report. He noted that there was a phasing condition to introduce the caravans over a period of time, this condition was welcomed.  He also noted that the application was retrospective and felt that enforcement of conditions on the site should be stringent if the application was to be approved. In summing up he advised Members that the applicant could move the caravans on and off the site for the growing seasons without requiring planning permission. He felt that this would cause more concerns for local residents.

 

Members discussed the application and felt that the proposed conditions would alleviate the concerns of the neighbouring residents. They felt that it was important to ensure that the conditions wore complied with and requested that the enforcement team pay close regard to the site.

 

In response to a question the Principal Planning Officer confirmed that the current application was the same as the one submitted in 2008. However the current application contained an ecological assessment which was not submitted with the 2008 application.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1       This permission shall expire on 5th August 2019.  The mobile homes hereby approved shall be removed from the site on or before that date and the land restored in accordance with details (including timescale) to be agreed in writing with the local planning authority.

 

Reason:  The local planning authority is not prepared to permit the permanent retention of the mobile homes in this location other than for the specified 10 year period, which is in recognition of the functional requirements of the holding and so as to comply with Policy H7 of the Herefordshire Unitary Development Plan 2007.

 

2       For the duration of this planning permission the applicant shall, by no later than 1st February in each calendar year, submit the following information by way of notification to the local planning authority:

 

i)              Including those already on site, the maximum number of mobile homes to be required on site over the course of the following 12 months, which shall not exceed a maximum of 173 units at any one time;

ii)            A timetable for the introduction of any additional mobile homes and the removal of any already stationed on the site.

 

The introduction/removal of mobile homes shall be carried out in accordance with the submitted timetable.

 

Reason:  To ensure that the mobile homes are introduced according to the functional need of the holding in accordance with Policy H7 of the Herefordshire Unitary Development Plan.

 

3       The occupation of the mobile homes hereby approved shall be limited to persons solely employed in agriculture and associated activities on land owned or farmed by Cobrey Farms Ltd. 

 

Reason:  It would be contrary to Policies H7 and H8 of the Herefordshire Unitary Development Plan 2007 to grant planning permission for a mobile home in this location except to meet the expressed case of agricultural need.

 

4       The scheme for flood mitigation works shall be carried out in accordance with the details submitted with the Flood Risk Assessment (JDIH Envireau) and shall consist of the removal of the culvert at crossing 3 (as shown on figure 2, reference 37.438c87, dated September 2008) with a replacement bridge with a soffit level no lower than 48.8m AOD.  The work shall be implemented by 30th August 2009, unless otherwise agreed in writing by the local planning authority.

 

Reason:  To protect the caravan site area from flood risk and ensure that future occupiers are not at risk so as to comply with Policy DR7 of the Herefordshire Unitary Development Plan 2007 and Planning Policy Statement 25: Development and Flood Risk.

 

5       Details of the flood mitigation measures indicated within sections 6.1 and 9 of the submitted Flood Risk Assessment shall be submitted to and approved in writing by the local planning authority in consultation with the Environment Agency.  The measures shall be implemented in accordance with a timetable to be agreed with the local planning authority and shall be maintained accordingly.

 

Reason:  To manage the residual impacts of flooding on the proposed mobile home site area and ensure that occupants are not at risk so as to comply with Policy DR7 of the Herefordshire Unitary Development Plan 2007.

 

6       A scheme for the disposal of foul drainage effluent from the proposed development shall be submitted to and agreed in writing by the local planning authority within 4 months from the date of this permission.  The scheme shall include confirmation of the treatment plant, the design and volumes of the holding lagoons and management plan detailing disposal of treated effluent.  Thereafter the scheme shall be implemented and maintained for the lifetime of the development.

 

Reason:  To ensure a sustainable method of foul drainage disposal and prevent pollution of the water environment so as to comply with Policy DR6 of the Herefordshire Unitary Development Plan 2007.

 

7       Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and associated hardstandings shall be passed through trapped gullies with an overall capacity compatible to the site being drained.

 

Reason:  To prevent pollution of the water environment so as to comply with Policy DR6 of the Herefordshire Unitary Development Plan 2007.

 

8       I14 (Time restriction on music)

 

Reason:  In order to protect the amenity of occupiers of nearby properties and to comply with Policy DR13 of Herefordshire Unitary Development Plan.

 

9       I02 (Scheme of measures for controlling noise)

 

Reason: In order to protect the amenity of occupiers of nearby properties so as to comply with Policy DR13 of Herefordshire Unitary Development Plan.

 

10     I21 (Scheme of surface water regulation)

 

Reason: To prevent the increased risk of flooding and to comply with Policy DR4 of Herefordshire Unitary Development Plan.

 

11     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 and to conform with the requirements of Policy T11 of Herefordshire Unitary Development Plan

 

12     H29 (Secure covered 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 and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

 

13     H30 (Travel plans)

 

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 Policy DR3 of Herefordshire Unitary Development Plan

 

14     Within 3 months of the date of this planning permission, a biodiversity protection and enhancement strategy shall be submitted to and agreed in writing by the local planning authority.  The approved details shall be implemented and maintained thereafter for the lifetime of the development unless otherwise agreed in writing by the local planning authority.

 

Reason:  To comply with Policies NC5, NC6, NC8 and NC9 of the Herefordshire Unitary Development Plan 2007 and fulfil the Council's obligation to Nature Conservation and Biodiversity imposed by the NERC Act 2006.

 

15     Within 3 months of the date of this planning permission a site management plan for the operation of the use (to include maintenance of common areas, letter collection and disposal, the control of amplified music, external lighting and car parking arrangements) shall be submitted to and approved in writing by the local planning authority.  The operation and use of the site shall be in accordance with the management plan.

 

Reason:  In the interests of amenity of nearby residents and to ensure compliance with Policy E3 of the Herefordshire Unitary Development Plan.

 

16     G01 (Earthworks)

 

Reason: (Special Reason but to include - in order to ensure that the development conforms with Policies DR1 and LA5 of Herefordshire Unitary Development Plan).

 

17     G10 (Landscaping scheme)

 

Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of Herefordshire Unitary Development Plan.

 

18     G11 (Landscaping scheme - implementation)

 

Reason: In order to maintain the visual amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

 

19     Within 3 months of the date of this planning permission, an ecological and wildlife enhancement strategy for the section of Castle Brook affected by the 3 applications, including a management plan for the buffer zone and retained pasture, shall be submitted to and approved in writing by the local planning authority.  The planting shall be implemented and maintained in accordance with the approved details.

 

Reason: To comply with Herefordshire Unitary Development Plan policies NC6, NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9: Biodiversity and Geological Conservation

 

 

INFORMATIVES:

 

1       N19 - Avoidance of doubt - Approved Plans

 

2       N15 - Reason(s) for the Grant of Planning Permission

 

3       HN01 - Mud on highway

 

4       HN04 - Private apparatus within highway

 

5       HN05 - Works within the highway

 

6       HN10 - No drainage to discharge to highway

 

7       HN24 - Drainage other than via highway system

 

8       HN25 - Travel Plans

 

9       HN26 - Travel Plans

 

10     HN27 - Annual Travel Plan Reviews