Proposed erection of replacement dwelling and garage.

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

(Proposed erection of replacement dwelling and garage.)

(Councillor Skelton had left the meeting and was not present during consideration of this application.)

The Principal Planning Officer (PPO) gave a presentation on the application.

In accordance with the criteria for public speaking, Mr A Harvey, of Kings Caple Parish Council spoke in opposition to the Scheme.  Mr P Smith, 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:

·        He questioned the appropriateness of the proposed provision of a replacement dwelling on a different parcel of land to that on which the current chalet was situated.

·        The site history recorded that a number of previous applications had been refused including one on appeal.

·        The proposal was in the Wye Valley AONB requiring particular care to be exercised.

·        Having regard to the provisions of policy RA3 (3) the proposed development was not of comparable size to the dwelling it was to replace and was not within the curtilage of the existing dwelling.

·        The application was infill in the open countryside some distance from the settlement boundary and contrary to the NDP.  It did not meet any of the exception criteria in policy RA3.

·        The Parish Council objected to the proposal.

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

·        In response to questions the Lead Development Manager commented that replacing a dwelling on a different site within the curtilage was not unusual and was in accordance with policy. This was to allow for the fact that a better location could often be achieved from a planning perspective by relocating within the curtilage.  In the case of this application a wayside dwelling replacing the current dwelling, which was set back from the road, would be more in keeping with the settlement pattern.  The proposed S106 agreement would extinguish the use of the existing property and planning permission for the replacement dwelling would not be granted until the S106 agreement had been signed.  The S106 agreement would also limit the size of the replacement dwelling to a comparably sized replacement.

·        Concern was expressed that the proposal did not comply with paragraph 4.8.25 of the Core Strategy.  This provided detail on the interpretation of policy RA3 (3) which addressed the replacement of an existing dwelling.  The current proposal did not provide for a replacement within the existing curtilage but involved a land swap. This departed from the policy requirements and risked setting a dangerous precedent.

The PPO commented that it was acknowledged, as the report stated, that the proposal was contrary to policy.  However, it was considered to be justified on the grounds that it would be of benefit to the character and appearance of the AONB.  The reduced curtilage shown on the plan excluded the backland area on which the current dwelling was located and would allow that area to be reinstated to open countryside with non-domestic use. 

Officers confirmed that the existing building would be removed before the new one was built and occupied.

The local ward member was given the opportunity to close the debate.   He indicated that he remained concerned about the proposal, noting the conflict with policy RA3.

Councillor Seldon proposed and Councillor Greenow seconded a motion that the application be approved in accordance with the printed recommendation, with an additional condition that permitted development rights be removed.  The motion was carried with 10 votes in favour, none against and 3 abstentions.

RESOLVED: That subject to the completion of a Section 106 Town & Country Planning Act 1990 officers named in the Scheme of Delegation to Officers are authorised to grant outline planning permission, subject to the conditions below and any other further conditions considered necessary by officers:

1.           C02 – Time limit for submission of reserved matters (outline permission)

2.           C03 – Time limit for commencement (outline permission)

3.           C04 – Approval of reserved matters

4.           C05 – Plans and particulars of reserved matters

5.           C07 – Development in accordance with approved plans and materials

6.           H09 Driveway gradient

7.           H13 Access, turning area and parking

8.           H20 Road completion in 2 years

9.           H27 Parking for site operatives

10.         H29 Secure covered cycle parking provision

11.         Within 3 months of completion of the building works evidence (such as photos/signed Ecological Clerk of Works completion statement) of the suitably placed installation of at least ONE bat roosting enhancements (habitat boxes, tubes, tiles, bat bricks, raised weatherboarding); TWO bird nesting boxes, ONE Hedgehog House and ONE pollinating insect habitat home built in to, or attached to the new property or on land or buildings under the applicant’s control, should be supplied to and acknowledged by the local authority; and shall be maintained hereafter as approved unless otherwise agreed in writing by the LPA.

              Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 1994 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework, NERC 2006

12.         The dwelling hereby approved shall be limited to a gross internal floor area of 100sq metres, including all internal spaces.

              Reason: In order the dwelling, which is essentially a replacement residential use, is commensurate with the lawful residential use the development replaces, in order to comply with the requirements of Herefordshire Core Strategy policy RA3, and in order to safeguard the character and appearance of the locality and one which is within an Area of Outstanding Natural Beauty and to comply with Herefordshire Core Strategy policies SS1, SS2, RA1, LD1 and SD1, The Wye Valley AONB Management Plan and National Planning Policy Framework.

13.         F14 Removal of Permitted Development Rights

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.           HN10 No drainage to discharge to highway

5.           HN24 Drainage other than via highway system

6.           HN28 Highways Design Guide and Specification

7.           It is suggested advice should be sought from an appropriately experience ecologist or bat worker. Habitat boxes should be suitably hard wearing and durable eg Schwegler woodcrete, Greenwood habitat’s ‘ecostyrocrete’ or similar. No external lighting should illuminate any of the enhancements, surrounding woodland habitat or other boundary features beyond any existing illumination levels and all lighting on the development should support the Dark Skies initiative (DEFRA/NPPF Guidance 2013).