Proposed erection of agricultural buildings, associated infrastructure and landscaping to support a new agricultural enterprise.

The application was approved in accordance with the Case Officer’s recommendation, with an additional revised condition.

 

(Proposed erection of agricultural buildings, associated infrastructure and landscaping to support a new agricultural enterprise.)

(Councillor Johnson left the meeting during consideration of this application.) 

The Senior Planning Officer (SPO) 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.

In accordance with the criteria for public speaking, Dr S Grant, a 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 made the following principal comments:

·        A previous application on a nearby location had been withdrawn principally because it had been considered that it would have an adverse landscape impact.  The site now proposed, although lower in the skyline was on top of a hill and would itself have an adverse landscape impact.  It overlooked the Malvern Hills AONB.  Account also needed to be taken of the height of the proposed buildings which were quite large. The proposal was contrary to policy LD1.

·        Access was off a very narrow lane.  The proposal would generate additional traffic.

·        The proposal was contrary to policy SD1.

·        There was a better alternative site within the applicant’s landholding.

·        The proposal would require considerable amounts of water for the livestock and it was not clear where this would be obtained from.  There was concern about water run-off and the release of nitrates. The proposal was contrary to policies SD3 and SD4. 

·        It was contrary to policy RA6.  The development was not commensurate with its location and se?ting, caused unacceptable adverse impacts to the amenity of nearby residents by generated traffic movements that could not safely be accommodated within the local road network; and undermined the achievement of water quality targets in accordance with Policies SD3 and SD4.

·        He questioned the nature of the proposed farming business and whether it would bring benefits.

·        The Parish Council and local residents objected to the proposal..

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

·        In reply to questions the SPO commented that Welsh Water had not been a consultee as there was currently no water supply.  As indicated in the update the applicant intended to create a mains water connection.  No water was to be taken from the existing supplies on the hillside provided by an aquifer and borehole.

The Development Manager added that the County Land Agent considered the scale of the buildings to be appropriate for the proposed operation.  In respect of the specific policies relevant to the application the relevant Neighbourhood Development Plan policies could be given significant weight.

It was noted that the proposal was in the Severn catchment area.

There had been no objections from Natural England, the Conservation Officer (Landscapes, Ecology), Transportation Manager and the Drainage Manager.  The County Land Agent endorsed the proposal. Whilst the concerns expressed by the local resident who had spoken at the meeting were understood, there were no grounds upon which to refuse the application.

There was a negative impact on the amenity of the local resident who had spoken.  It appeared that they would be compelled to cease using their private borehole and use and pay for mains water instead.  There was also an issue with water run-off from the site.  The proposal appeared to be in conflict with policies SD1, SD3 and SD4.

The site was exposed near the top of a ridge. There was a better location within the holding.

The Development Manager commented in relation to protecting water quality that the condition in the update proposed no groundwater abstraction should be permitted. Noting that the local resident may not want to connect to the proposed mains supply, this could be strengthened to require the applicant to demonstrate the resident’s existing water supply would not be adversely affected. The SPO confirmed that the technical consultees had required significant pre-commencement conditions and the development could not proceed if the conditions could not be discharged to the satisfaction of technical advisers.  Monitoring was also required.

The use of farmyard manure would probably be more advantageous to the land than artificial fertilisers currently being used on it.

The local ward member was given the opportunity to close the debate.  He reiterated his opposition to the scheme.

Councillor Edwards proposed and Councillor Lloyd Hayes seconded a motion that the application be approved in accordance with the printed recommendation with the additional conditions 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 7 votes in favour, 1 against and 2 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 (Full Permission)

           

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

 

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.       G02 - Retention of Trees and Hedgerows

 

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

 

15.       G10 - Landscaping Scheme

 

16.       G11 - Landscaping Scheme – Implementation

 

17.       I32 - Details of Floodlighting/External Lighting

 

18.       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.

 

19        There shall be no groundwater abstraction of water serving the land, or buildings hereby permitted, as located on the land edged red and blue on the approved plans. Furthermore, all water serving the land edged red and blue on the approved plans and buildings hereby permitted shall be supplied from rainwater harvesting or mains water supply only unless otherwise approved 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

 

20        Prior to the first use of the buildings hereby permitted, the existing accesses shall be closed with details agreed in writing by the Local Planning Authority and thereafter maintained as such.

 

            Reason: In the interests of highway safety and to enhance the character and appearance of the countryside hereabouts and to comply with Herefordshire Core Strategy policies MT1 and LD1.

 

 

 

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

 

(The meeting adjourned between 3.15 – 3.20 pm.)