1.

The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990 and the National Planning Policy Framework.

2.

The development hereby approved shall be carried out strictly in accordance with the approved plans and documents, received 8 August 2013 and the schedule of materials indicated thereon unless otherwise stipulated by conditions attached to this Planning Permission.

Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area in accordance with the requirements of Policy DR1 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

3.

The existing Bed and Breakfast use occurring on the land and buildings within the line edged red and blue on the approved plans shall permanently cease on the fist use of the any part of the development hereby permitted.

Reason: In order to protect the amenity of this open countryside location and occupiers of nearby properties so as to comply with Policies S1, DR2, DR13 and RST1 of Herefordshire Unitary Development Plan and the National Planning Policy Framework.

4.

Notwithstanding the provisions of article 3(1) and Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995, (or any order revoking or re-enacting that Order with or without modification), no development which would otherwise be permitted under Classes A, B, C, D, E and H of Part 1, or development or land uses permitted under Part 4, Part 5, Part 27 and Part 40 of Schedule 2, shall be carried out.

Reason: To ensure the character and amenity of this tranquil open countryside location is maintained and also to ensure the character and appearance of the original conversion scheme is maintained and to comply with Policies S1, S2, DR1, DR2, DR3, T8, LA2, HBA12 and HBA13 of the Herefordshire Unitary Development Plan and the heritage aims and objectives of the National Planning Policy Framework.

5.

The buildings subject of this planning permission, the holiday accommodation permitted and the dwelling known as Llanerch Y Coed, Dorstone, Herefordshire shall not be sold or leased separately from each other.

Reason: It would be contrary to the policy of the local planning authority to grant permission for a separate dwelling or separate independent economic use in this location having regard to policies S1, S2, DR1, DR2, DR3, H7 and E8 of Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

6.

The buildings which are the subject of this application shall be used for holiday accommodation only and for no other purpose including any other purpose within Class C of the Schedule of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

An up to date register of all visitors and occupiers of the holiday accommodation including names, date and duration of stay and home address shall be kept and made available to the Local Planning Authority at all times.

No single person or group is permitted to stay in the accommodation permitted in this permission for more than 28 consecutive days or for a total of 156 days in any calendar year.

Reason: Having regard to Policy S1, DR2 and RST1 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework the local planning authority are not prepared to allow the introduction of separate units of residential accommodation in this rural, isolated unsustainable open countryside location.

7.

The existing public right of way crossing the application site shall not be obstructed, to diverted or stopped up during the construction phase or at anytime thereafter during the use of hereby permitted development.

Reason: To ensure the public right of way is not obstructed and to conform with the requirements of Policy T6 of Herefordshire Unitary Development Plan and the National Planning Policy Framework.

8.

The Travel Plan shall be implemented, in accordance with the approved details, on the first occupation of the development. A detailed written record shall be kept of the measures undertaken to promote sustainable transport initiatives and a review of the Travel Plan shall be undertaken annually. All relevant documentation shall be made available for inspection by the local planning authority upon reasonable request.

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 and the relevant aims and objectives of the National Planning Policy Framework.

9.

The soft landscaping scheme approved and as shown on the approved plans listed under Condition 2 of this permission shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development. The landscaping shall be maintained for a period of 5 years.  During this time, any trees, shrubs or other plants which are removed, die or are seriously retarded shall be replaced during the next planting season with others of similar sizes and species unless the Local Planning Authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5-year maintenance period. The hard landscaping shall be completed prior to the first use of the development hereby permitted

Reason: In order to maintain the visual amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

10.

Not later than 1 October in each of the 5 calendar years following the planting of any trees or shrubs on this site in connection with the development hereby permitted the operator shall submit to the Local Planning Authority a written statement detailing:

a) The number, location and species of any trees, shrubs and hedge plants which have died, become diseased or seriously damaged in the preceding 12 months, and

b) Proposals for the replanting and maintenance of any such failures with plants of similar size and species within the following 6 months.

Reason: In order to maintain the visual amenities of the area and to conform with Policy LA6 of Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

11.

The external lighting shall be installed and operated in accordance with the approved details received 4th April 2014 and thereafter be maintained as such.

No further external lighting shall be installed upon the site (including upon the external elevations of any existing or proposed building or structure within the red or blue line area identified on the plans listed under Condition 2 of this permission) without the prior written consent of the local planning authority.

Reason: To safeguard the character and amenities of the area and to comply with Policy DR14 of Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

12.

The development shall be carried out in strict accordance with the details of the foul and surface water drainage arrangements received 27 June 2014.  This scheme shall be implemented before the first use of any of the buildings or development hereby permitted.

Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policy DR4 of Herefordshire Unitary Development Plan

13.

The recommendations set out in the ecologist's report listed under Condition 2 of this Decision Notice and The Ecological Measures contained within the Construction Environmental Plan, received 10 June 2014 shall be followed in relation to the identified protected species unless otherwise agreed in writing by the local planning authority.

Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policies NC1, NC5, NC6 and NC7 of Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework

14.

The architectural details of windows and their openings, doors and their openings, eaves, verges and barges and ridges, shall be carried out in accordance with the details received 27 June 2014 and thereafter be maintained as such.

Reason: To ensure that the work is carried out in accordance with details that are appropriate to the safeguarding of the architectural or historic interest of the building (as one which is of local interest) and to comply with the requirements of Policies HBA12 and HBA13 of the Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework .

15.

The finishes to be used for all external joinery, timber, plaster and masonry surfaces work shall be carried out in accordance with details received 27 June 2014.

Reason: To ensure that the work is finished with materials, textures and colours that are appropriate to the safeguarding of the architectural or historic interest of the building (as one which is in a conservation area, or of local interest) and to comply with the requirements of Policy HBA12 and HBA13 of Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

16.

The chimney  flues shall have a dark matt finish of a colour as described in details Received 27th June 2014 and thereafter be maintained as such.

Reason: To ensure that the work is carried out in accordance with details that are appropriate to the safeguarding of the architectural or historic interest of the building (as one which is of local interest) and to comply with the requirements of Policies HBA12 and HBA13 of the Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

17.

The guttering, down pipes and all associated fittings shall be carried out in accordance with details Received 27th June 2014 and thereafter be maintained as such.

Reason: To ensure that the rainwater goods are of an appropriate form in the interests of the building (as one which is of local interest) and to comply with the requirements of Policies HBA12 and HBA13of Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

18.

All works of external repair, restoration and replacement are to exactly match the original features, materials and finishes of the building.

Reason: To ensure that all of the works arising from the approved scheme are of an appropriate form in the interest of the building (as one which is in a conservation are, or of local interest) and to comply with the requirements of Policies HBA12 and HBA13 of Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

19.

Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no windows other than those expressly authorised by this permission shall be constructed in any elevation of the buildings subject of this permission, and no dormer windows shall be constructed in the roof slope of any building subject of this permission.

Reason: In order to protect the character and appearance of the original buildings that are of historic merit worthy of safeguarding through the permitted use and conversion and to protect the residential amenity of adjacent properties and to comply with Policies DR1, DR2, H18, HBA12 and HBA13 of the Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

20.

The geodomes (excluding the bases) hereby permitted shall be removed from the site from 1 October to 31 March of each year.

Reason: The local planning authority is only prepared to allow this accommodation as a temporary measure as the application was assessed and permitted on the basis of the geodomes being removed from the site during these dates and in the interests of the character and appearance of this open countryside location and having regard to Policies S1, DR1, DR2, DR3, LA2 and RST1 of the Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

21.

In the event of the holiday use ceasing or the business failing, the geodomes hereby permitted including their bases and all associated infrastructure shall be removed permanently from the site and the land reinstated in accordance with details (including timescale) which shall be submitted to and approved in writing by the local planning authority.

Reason: The local planning authority permitted this development having regard to the special circumstances and business plan provided by the applicants and is not prepared to allow unused buildings and infrastructure to undermine and despoil the character and appearance of this isolated rural landscape and to comply with Policies S1, S2, DR1, DR2 and LA2 of the Herefordshire Unitary Development Plan and the relevant aims and objectives of the National Planning Policy Framework.

22.

No more than 13 people in total are permitted to stay on site in the accommodation and/or geodomes at any time during a training event and no more that 26 people in total are permitted to stay on site in the holiday accommodation or geodomes at any other time.

Reason: The application has been assessed and permitted on the basis of this maximum occupancy number set out in the application submission and having regard to safeguarding the character, appearance and amenity of this isolated rural location and having regard to the sustainability of the location and capacity of the local road network and to comply with Herefordshire Unitary Development Plan Policies S1, DR1, DR2, DR3, E8, LA2, and RST1 and the relevant aims and objectives of National Planning Policy Framework.

1

The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

2

Your attention is drawn to the requirements of Part M of the Building Regulations 1991 in respect of the need to provide access and facilities for the disabled.

3

This permission does not imply any rights of entry to any adjoining property nor does it imply that the development may extend into or project over or under any adjoining boundary.

4

This permission does not extinguish any rights of way which may exist over the site nor does it imply that such rights of way may be diverted or otherwise altered.

5

All nesting birds, their nests, eggs and young are protected by law and it is an offence to:

• intentionally kill, injure or take any wild bird

• intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built

• intentionally take or destroy the egg of any wild bird

• intentionally (or recklessly in England and Wales) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.  The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both.

The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August or late September in the case of swifts, swallows or house martins). If a nest is discovered while work is being undertaken, all work must stop and advice sought from Natural England and the Council's Ecologist.

6

It is an offence for any person to:

Intentionally kill, injure or take any bats.

Intentionally or recklessly damage, destroy or obstruct access to any place that a bat uses for shelter or protection. This is taken to mean all bat roosts whether bats are present or not.

Under the Habitats Regulations it is an offence to damage or destroy a breeding site or resting place of any bat. This is an absolute offence - in other words, intent or recklessness does not have to be proved. The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 that works to trees or buildings where that work involves the disturbance of a bat is an offence if a licence has not been obtained from Natural England. If a bat is discovered while work is being undertaken, all work must stop and advice sought from Natural England (0300 060 6000) and the Council's Ecologist. Advice is also available from the Bat Conservation Trust Helpline on 0845 1300 228.

7

The attention of the applicant is drawn to the provisions of the Wildlife and Countryside Act 1981 (as amended). This gives statutory protection to a number of species and their habitats. Other animals are also protected under their own legislation. Should any protected species or their habitat be identified during the course of the development then work should cease immediately and Natural England should be informed. They can be contacted at: Block B, Government Buildings, Whittington Road, Worcester, WR5 2LQ. Tel: 0300 060 6000.

The attention of the applicant is also drawn to the provisions of the Conservation of Habitats and Species Regulations 2010. In particular, European protected animal species and their breeding sites or resting places are protected under Regulation 40. It is an offence for anyone to deliberately capture, injure or kill any such animal. It is also an offence to damage or destroy a breeding or resting place of such an animal.