Proposed erection of temporary agricultural workers dwelling with associated parking and residential curtilage.

The application was approved in accordance with the Case Officer’s recommendation, with an additional condition as set out in the committee update.

 

(Proposed erection of temporary agricultural workers dwelling with associated parking and residential curtilage.)

(Councillor Edwards and Councillor Johnson had left the meeting and were not present during consideration of this application.)

The Senior Planning Officer gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these Minutes.  He noted the interrelationship with the previous agenda item – application 173477.  He confirmed that the site was not within an AONB and there were no designated heritage assets on the adjoining site.  He reported that the Neighbourhood Development Plan could be given moderate weight.

In accordance with the criteria for public speaking, Mr W Grant, local resident, spoke in objection.  Mr M Tucker, the applicant’s agent, spoke in support.

In accordance with the Council’s Constitution, the local ward member, Councillor BA Durkin, spoke on the application.  He referred to the comments he had made on the previous agenda item - application 173477.  He sought clarification on the temporary status of the proposed dwelling, the report noting that the applicants intended to replace it with a permanent dwelling after 3 years, and assurance that it would be an agricultural tied dwelling and would not become a house available for disposal on the open market.

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

·        The Development Manager commented that the conditions on the application for a temporary dwelling restricted occupancy to an agricultural worker.  Any future application would be considered based on an assessment of the long term viability of the business and if a permanent permission was considered acceptable a s106 agreement could be made tying the occupancy to an agricultural worker and to the holding in accordance with policy RA4. In relation to a possible extension of the three year period to assess viability, he added that this could be considered.  However, a 3 year period was a well-established period for assessing viability.  The applicant could also apply for an extended period.

·        Whilst there was a concern that the development appeared to be a more substantial dwelling than was often provided in such cases it appeared to be modest and in keeping.

·        Clarification was sought on the fact that the applicant did have a cottage in his ownership on the landholding that could accommodate an agricultural worker.  It was suggested that he could have submitted an application for the buildings the subject of application 173466 to be closer to that house rather than seeking to create another house in this remote location, the justification for which was that the agricultural worker had to be in proximity to those buildings.

 

The SPO commented that in relation to the cottage that the applicant had made a separate application for a replacement dwelling to which the existing dwelling, an unlisted heritage asset, would be an annex. 

 

He added that condition 14 provided that if the holding proved to be unviable the temporary dwelling would have to be removed.  Condition 12 would prevent the separation of the proposed temporary dwelling from the agricultural buildings and their disposal as individual components.

The local ward member was given the opportunity to close the debate.  He expressed a concern as to what might happen on the expiry of a temporary three year permission.

Councillor Kenyon proposed and Councillor Baker seconded a motion that the application be approved in accordance with the printed recommendation with the additional condition as set out in the update sheet and strengthened wording to require the applicant to demonstrate the resident’s existing water supply would not be adversely affected.  The motion was carried with 8 votes in favour, none against and 3 abstentions.

RESOLVED: That planning permission be granted subject to the following conditions and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

:

 

1.         A01 - Time Limit for Commencement

           

2.         B02 - Development in Accordance with Approved Plans and Details

 

3.         H03 -  Visibility Splays

 

4.         H09 - Driveway Gradient

 

5.         H06 - Vehicular Access Construction

 

6.         H13 - Access, Turning Area and Parking

 

7.         H20 -  Road Completion in 2 Years

 

8.         H27- Parking for Site Operatives

 

9.         H29 - Secure Covered Cycle Parking Provision

 

10.       The recommendations for species mitigation and habitat enhancements set out in the ecologist’s report from EDP dated August 2017 should be followed unless otherwise agreed in writing by the local planning authority.  A working method statement for protected species together with an enhancement plan integrated with the landscape scheme should be submitted to the local planning authority in writing.  The plan shall be implemented as approved.

 

            Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (with amendments and as supplemented by the Countryside and Rights of Way Act 2000), the Natural Environment and Rural Communities Act 2006 and the Conservation of Habitats and Species Regulations 2010 (and 2012 amendment) and to comply Herefordshire Council’s Policies LD2 Biodiversity and Geodiversity, LD3 Green Infrastructure of the Herefordshire Local Plan Core Strategy 2013 – 2031 and to meet the requirements of the National Planning Policy Framework (NPPF).

 

 

11.       An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

 

            Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (with amendments and as supplemented by the Countryside and Rights of Way Act 2000), the Natural Environment and Rural Communities Act 2006 and the Conservation of Habitats and Species Regulations 2010 (and 2012 amendment) and to comply Herefordshire Council’s Policies LD2 Biodiversity and Geodiversity, LD3 Green Infrastructure of the Herefordshire Local Plan Core Strategy 2013 – 2031 and to meet the requirements of the National Planning Policy Framework (NPPF).

 

12.       F13 - Restriction on Separate Sale

 

13.       F14 -  Removal of Permitted Development Rights

 

14.       F20 -  Temporary Permission and Reinstatement of Land

 

15.       F27 - Agricultural Occupancy

 

16.       No development shall take place on the construction of the temporary dwelling as hereby permitted until the agricultural buildings approved under planning permission 173477 have been constructed are ready for use.

 

            Reason: Having regard to the agricultural need, ensuring the agricultural business is established and to facilitate the integration of the dwelling into the landscape in this open countryside location and to comply with Herefordshire Core Strategy policies SS1, RA3, RA4, LD1 and SD1

 

17.       G02 - Retention of Trees and Hedgerows

 

18.       G04 - Protection of Trees/Hedgerows that are to be Retained

 

19.       G10 - Landscaping Scheme

 

20.       G11 - Landscaping Scheme – Implementation

 

21.       I32 - Details of Floodlighting/External Lighting

 

22.       22.       Pre commencement drainage condition requiring and securing:

 

•           Detailed construction drawings that demonstrate the inclusion of SuDS, where appropriate, and location and size of key drainage features;

•           Detailed construction drawings of proposed features such as attenuation features and outfall structures;

•           Amended calculations of the proposed discharges rates and attenuation volumes using FEH 2013 data;

•           If unlined attenuation features are proposed, confirmation of groundwater levels to demonstrate that the invert level can be located a minimum of 1m above groundwater levels;

•           Assessment of potential failure of above-ground attenuation features, including assessment of residual risks to downstream receptors, and proposed mitigation and management measures;

•           Details of how overland flows from outside of the site boundary have influenced the design of the drainage system;

•           Detailed drawing demonstrating the management of surface water runoff during events that may temporarily exceed the capacity of the drainage system;

•           Detailed construction drawings of the foul water drainage strategy showing how foul water from the development will be disposed of and illustrating the location of key drainage features;

•           Infiltration rates at the location(s) and proposed depth(s) of any proposed foul water drainage fields, undertaken in accordance with BS6297 and Building Regulations Part H;

•           If infiltration to ground is proposed, confirmation of groundwater levels to demonstrate that the invert level of any drainage fields can be located a minimum of 1m above groundwater levels;

•           Detailed calculations of proposed infiltration features informed by the results of infiltration testing;

•           Demonstration that appropriate access is available to maintain drainage features;

•           Completed application for Ordinary Watercourse Consent for any proposed structures within an ordinary watercourse or works within 8m of an ordinary watercourse.

•           Details of management of any contaminated washdown water from the livestock and sheep buildings.

•           Sufficient hydrological information/evidence to confirm that existing private water supplies will not be adversely affected together with appropriate monitoring arrangements

 

            Reason:  To ensure adequate drainage arrangements are in place and to protect and prevent pollution and to comply with Herefordshire Core Strategy policies RA6, SD3 and SD4.

 

23.      There shall be no groundwater abstraction of water serving the dwelling hereby permitted, as located on the land edged red and blue on the approved plans. Furthermore, all water serving the dwelling hereby permitted shall be supplied from rainwater harvesting or mains water supply only unless otherwise agreed in writing by the local planning authority..

 

            Reason: To protect the water supply to adjoining existing dwellings and to conform with Herefordshire Core Strategy policies SS1, SD3 and SD4

 

 

 

INFORMATIVES:

 

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.

 

2.         HN01- Mud on Highway

 

3.         HN04 - Private Apparatus within Highway

 

4.         HN05 - Works within the Highway

 

5.         HN10 - No Drainage to Discharge to Highway

 

6.         HN24 - Drainage other than via Highway System

 

7.         HN28 - Highways Design Guide and Specification