Agenda item

DMNW/092501/F - LEMORE MANOR, EARDISLEY, HEREFORDSHIRE, HR3 6LR

Change of use to allow for the erection of a marquee up to 12 times a year for functions primarily for wedding receptions.

 

Ward - Castle

Minutes:

Change of use to allow for the erection of a marquee up to 12 times a year for functions primarily for wedding receptions.

 

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided as follows:

§               Further letters of objection had been received from Mr. and Mrs. B. Whittle, 2 New House Farm.  The contents of the letters were summarised.

§               Letters in support of the application had been received from: Burgoynes (Lyonshall), Lyonshall, Kington; A2Zest Events, 10 Prior Street, Hereford; and E.C Williams, The Bower, Eardisley.  The contents of the letters were summarised.

 

Officer comments were also provided as follows:

§               The local concern regarding the technical capability of using limiters has been noted.  The Environmental Health Officer has made this recommendation.  This is not an unusual solution/requirement.  The methods will need to be agreed with the local planning authority prior to the next use of a marquee on the site.

§               The request for mediation is noted but the application is already recommended for a temporary approval.  The officer would be happy to meet with all parties concerned during the temporary period to discuss options and concerns if the applicant is agreeable.

§               A condition was recommended in relation to functions being separated by at least 14 days, unless otherwise agreed by the local planning authority.

 

In accordance with the criteria for public speaking, Mrs. Glyn-Jones spoke in objection to the application and Mr. Spreckley spoke in support of the application.

 

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor JW Hope MBE, the local ward member, commented on the following issues:

·         The need for a change of use was queried given that events could occur on agricultural land for up to 28 days per year; the Principal Planning Officer clarified that such permitted development rights only applied to areas outside residential curtilage.

·         The conclusions in paragraph 6.8 of the report were supported.

 

A Member noted that there was a proliferation of this type of activity in the County and it could cause significant distress to nearby residents.  However, it was felt that the benefits to the local economy also had to be considered and that the application was acceptable subject to strict observance of the conditions by the applicants, particularly in respect of event frequency and timings.  Other Members also spoke in support of the application.

 

A view was expressed that the position of the marquee should be moved away from the nearest neighbour and closer to holiday lets so that the impact on permanent residents would be reduced.  The Principal Planning Officer advised that there would be limited difference in noise levels and the suggested positions were considered the most acceptable in terms of screening and relationship with the property.

 

In response to questions, the Principal Planning Officer advised that: the recommended timings were considered appropriate for the intended functions; the requirements in respect of the erection and removal of marquees would protect the amenity of nearby residents; and an informative note could be included to highlight the concerns about the use of Chinese lanterns.

 

The committee noted that a temporary permission for one year would provide the opportunity to monitor the activities and any related complaints received.

 

RESOLVED:

 

That planning permission be granted subject to the following conditions:

 

1

 

This permission shall expire on 10 February 2011, after which the use hereby approved shall permanently cease.

 

Reason: To enable the local planning authority to give further consideration to the acceptability of the proposed use after the temporary period has expired and to allow time for acoustic testing/monitoring and to comply with Policies DR2 and DR13 of Herefordshire Unitary Development Plan.

 

2

 

The property shall only be let for the purpose of functions during periods where there is a management presence on site.

 

Reason: In order to protect the amenity of nearby residents in accordance into Policy DR2 of this Herefordshire Unitary Development Plan.

 

3

 

A marquee shall be erected for no more than 12 functions until the expiry of this consent.  The marquee shall not be erected more than 2 days prior to the function (that being the day that the function began) and shall be removed within 2 days following the day of the function.

 

Reason: In order to define the terms of this permission.

 

4

 

The loading and unloading of service and delivery vehicles together with their arrival and departure from the site shall not take place outside the hours of 0800 to 1800 pm Mondays to Fridays and 0800 to 1300 pm on Saturdays nor at any time on Sundays, Bank or Public Holidays, unless otherwise agreed in writing by the local planning authority.

 

Reason: To safeguard the amenities of the locality and to comply with Policy DR1 of Herefordshire Unitary Development Plan.

 

5

 

Before the commencement of the use of marquees for the holding of events which involve the use of amplification, a scheme shall be agreed with the local planning authority which specifies the provisions to be made for the control of noise emanating from the site.  The use shall be carried out in accordance with the approved details.

 

Reason: In the interests of the amenities of existing residential property in the locality and to comply with Policy DR1 and DR2 of Herefordshire Unitary Development Plan.

 

6

 

No live, amplified or other music shall be played outside after 23:00 or before 10.00am on Sundays to Thursdays or Bank and Public holidays and 00:00 and 10am respectively on Fridays and Saturdays.  Outside is defined as not being within the building known as Lemore Manor and includes any PA system or speakers located in the garden, field or in a temporary structure, including marquees.

 

Reason: In the interests of the amenities of existing residential property in the locality and to comply with Policy DR1 and DR2 of Herefordshire Unitary Development Plan.

 

7

 

A record of the times and dates of functions shall be kept, and shall be made available for inspection by the local planning authority at their request.  The local planning authority shall be given a minimum of 5 days written notice of a function being held unless otherwise agreed in writing by the local planning authority.

 

Reason: To allow the local planning authority to monitor the use having regard to the restrictions imposed in the above conditions having regard to policies DR2 and DR13 of the Herefordshire Unitary Development Plan.

 

8

Prior to the commencement of development a plan showing the existing and proposed overflow car parking (for use during functions) shall be submitted to and approved in writing by the local planning authority.  These areas shall be kept clear and available for the parking of guests vehicles during functions.

 

Reason: To prevent indiscriminate parking on the highway and driveway in the interest of highway safety having regard to policy DR3 of the Herefordshire Unitary Development Plan.

 

9

A function shall be separated by any previous or subsequent event by at least 14 days, unless otherwise agreed in writing by the local planning authority.

 

Reason: In the interests of amenity of local residents having regard to policies DR2 and DR13 of the Herefordshire Unitary Development Plan.

 

INFORMATIVES:

 

1

The local planning authority would encourage the applicants to contact and agree the method of acoustic testing and monitoring with them as a matter of urgency prior to any other functions being undertaken.

 

2

In the interest of neighbourliness, the applicants are requested to refrain from the use of chinese lanterns at the site.

 

3

The decision to grant planning permission has been taken having regard to the policies and proposals in the Herefordshire Unitary Development Plan 2007 set out below, and to all relevant material considerations including Supplementary Planning Guidance:

 

RST12 -          Visitor Accommodation

RST13 -          Rural and Farm Tourism Development

S1        -           Sustainable Development

S8        -           Recreation, Sport & Tourism

DR2     -           Land use & Activity

DR3     -           Movement

DR13   -           Noise 

NC4     -           Sites of Local Importance

 

In reaching this decision the local planning authority was mindful of the particular circumstances of the case, namely the extent to which the development complied with policy and the way in which local issues of amenity and highway safety were addressed.

 

This informative is only intended as a summary of the reasons for grant of planning permission.  For further detail on the decision please see the application report by contacting The Hereford Centre, Garrick House, Widemarsh Street, Hereford (tel: 01432 261563).

 

4

For the avoidance of any doubt the plans for the development hereby approved are the 1:5000 scale site plan detailing the two positions for the siting of the marquee.

 

Supporting documents: