Change of use of Rosemore Grange, from a residential dwelling with holiday accommodation, to holiday accommodation.

The Committee agreed to grant planning permission for a 12 month period in accordance with the conditions set out in the report.

(Change of use of Rosemore Grange, from a residential dwelling with holiday accommodation, to holiday accommodation committee agreed to grant planning permission for a 12 month period in accordance with the conditions set out in the report.)

The Principal Planning Officer gave a presentation on the application, consideration of which had been deferred by the Committee on 14 June 2017.  He confirmed that the proposal was that Rosemore Grange would be used solely for holiday use with no intention to have private celebrations and events.

In accordance with the criteria for public speaking, Mr N Knight, of Whitbourne Parish Council spoke in opposition to the Scheme.  Dr N Brookes, a local resident, spoke in objection.  Mr J Spreckley, the applicant’s agent, spoke in support.

In accordance with the Council’s Constitution, the local ward member, Councillor NE Shaw, spoke on the application.

He made the following principal comments:

·        He referred the Committee to the comments he had made to it during consideration of the application in June on the adverse impact the use of the property had had on the amenity and privacy of local residents.

·        He considered that there remained grounds for refusing the application on the basis that it contravened policies RA6, SD1 and the Neighbourhood Development Plan policy LU4(iii).

·        He detailed a number of policies in relation to noise including the Noise Policy Statement for England, World Health Organisation guidelines, Planning Policy Guidance and night noise guidelines.  Whilst he considered that the Committee could refuse the application, if the application were to be approved he requested that there should be an additional condition to the effect that there should be no noise made from the premises above a 30db maximum outside the hours of 11pm to 7am to protect the amenity of residents.

In the Committee’s discussion of the application the following principal points were made:

·        The legal adviser clarified that if permission were granted as proposed the applicant would not be able to carry out any permission under the licensing regime that was contrary to the planning permission.

·        The Committee discussed the feasibility of granting permission for a twelve month trial period.  Some members expressed caution that this might potentially have an adverse effect on the ability of the business to take bookings and a two year period might be more appropriate.

·        The proposal did have some economic benefits and provided a use for a large property that might otherwise face difficulties.

·        It was requested that confirmation be sought that the building regulations had been complied with in relation to the property and that appropriate precautions to manage risk in the event of a fire were in place.

·        The application had to be treated on its merits.  If the conditions were breached enforcement action could be taken.

·        The report stated that one formal complaint had been received although this was at odds with representations from the local community set out in the report.  This perhaps raised a concern over how complaints were categorised.

The Development Manager clarified that holiday accommodation was a class 3 residential use and this meant that the use of the property would be required to be residential in character.  This meant that use of the property for parties or events would be in breach of the permission and subject to enforcement action.

The local ward member was given the opportunity to close the debate.  He stated that numerous complaints had been made about activities at the property and questioned whether there was any basis on which to assume that the situation would improve.  A public assurance should be given to the local community that conditions would be enforced.  Not doing so would lead to reputational damage for the council and committee.

The Committee could prevent an ongoing nuisance causing a loss of amenity for residents having regard to policies RA6, SD1 and the Neighbourhood Development Plan policy LU4(iii).

RESOLVED: That planning permission be granted for a twelve month period subject to the following conditions:

1.         The main house and coach house shall:

            (i)           Be occupied for holiday purposes 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 or re-enacting that Order with or without modification.

            Reason: To safeguard the amenity of the area and to comply with Policy SD1 of Herefordshire Local Plan –Core Strategy

2.         F13 - Restriction on separate sale

3.         I14 – No amplified music within or upon external areas

4          I32 - Details of floodlighting/external lighting

5          No fireworks shall let be let off from any part of the property

            Reason: In order to protect the amenity of residents in the locality and to comply with Policy SD1 of Herefordshire Local Plan –Core Strategy

6.         H08 - Access closure

INFORMATIVE:

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, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.