Change of use of existing annex into holiday let accommodation.

The application was approved in accordance with the Case Officer’s recommendation, with an amended condition as reflected in the schedule of updates.

(Change of use of existing annex into holiday let accommodation.)

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.

The local ward member, Councillor Harvey had been unable to attend the meeting and had submitted a statement.  The Planning lawyer read this to the meeting.

This made the following principal points:

·        The site is in an exceptional position with far reaching views.  It is wholly within the Malvern Hills Area of Outstanding Natural Beauty (AONB) which demands high standards for care and development within and approaching the designated area.

·        Ochre Lane  is a footpath not a lane.   Residents on the ‘Lane’ share financial responsibility for its upkeep and the ‘Lane’ itself runs along the ridgeline of the valley.

·        Over the last 30 years there a significant amount of development has been allowed along the ‘Lane’, some of which breached the ridgeline.  This development has had a cumulative effect on the amenity of the ‘Lane’ and, most recently, has had a significant detrimental impact on the condition and nature of the ‘footpath’ designated a public right of way.

 

·        The ‘Annex’ consists of farmyard outbuildings.   The plot – had been a working sawmill.

 

·        The parish council and neighbours sharing responsibility for the ‘Lane’ had raised objections to this application.  Their grounds were set out in the officer report. In particular, the parish council maintained that the application was in opposition to policy WH 12.1 of the adopted NDP – which is concerned with noise nuisance. The parish council also noted that the site falls outside the agreed settlement boundary for the village.

 

·        Neighbours object to the way in which previous development on the ‘Lane’ has been undertaken in what they consider to be an inconsiderate manner. They fear that yet further development will perpetuate the inconvenience and disruption to which they have already been subjected for some considerable time.

·        Concerns had been expressed by neighbours about increased maintenance costs of the land and how these would be shared between residents.  However, the report noted that this was not a planning matter.  The application did not increase the footprint of the existing building – it simply requested permission for change of use.

·        There was some economic benefit from the creation of visitor accommodation within the AONB.

 

·        The property was within easy walking and cycling distance of Ledbury and is close to a bus route and bus stop.

 

·        As reflected in the schedule of updates, the application was not for holiday lodges but for holiday let.

In the Committee’s discussion of the application it was suggested that the proposed use was more satisfactory than other potential uses.

There was discussion of whether condition 12 could be amended to restrict letting to April to October.  The consensus was that this would be too restrictive.

Councillor James proposed and Councillor Polly Andrews seconded a motion that the application be approved in accordance with the printed recommendation with the amended condition12 as set out in the update sheet.  The motion was carried with 14 votes in favour, none against and no 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.         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.

                       

2.         The development shall be carried out strictly in accordance with the approved plans [Location Plan and Drawing Number Clack 3i revision received 28th June 2019], except where otherwise stipulated by conditions attached to this permission.

 

            Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy; Policy WH6 of the Wellington Heath Neighbourhood Development Plan and the National Planning Policy Framework.

 

3.         During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00 am-6.00 pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays.

 

            Reason: To protect the amenity of local residents and to comply with Policy SD1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

4.         This permission is for change of use only and detailed plans of any proposed alterations or additions to the building shall be submitted to and approved by the local planning authority before development is commenced.

 

            Reason: To enable the local planning authority to consider any future aspects of the development given the building’s siting within the Malvern Hills Area of Outstanding Natural Beauty and to secure compliance with Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

5.         The building which is 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, unless otherwise agreed in writing with the local planning authority.

 

            Reason: Having regard to Policy SD1 of the Herefordshire Local Plan – Core Strategy; Policy WH1 of the Wellington Heath Neighbourhood Development Plan and the National Planning Policy Framework, the local planning authority are not prepared to introduce a separate unit of residential accommodation, due to the relationship and close proximity of the building to the property known as Woodmill Cottage, Ochre Hill, Wellington Heath.

 

6.         Prior to the first use of the development to which this permission relates, an area for car parking shall be laid out within the curtilage of the building, in accordance with the approved plans, which shall be properly consolidated, surfaced and drained, in accordance with relevant details to be submitted to and approved in writing by the local planning authority and those areas shall not thereafter be used for any other purpose than for the parking of vehicles.

 

            Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy; Policy WH17 of the Wellington Heath Neighbourhood Development Plan and the National Planning Policy  Framework.

 

7.         Development in respect of the change of use shall not begin until details of the following have been submitted to and approved in writing by the local planning authority, and which shall be operated and maintained during alterations to facilitate the development hereby approved:

-           Construction traffic access location

-           Parking for site operatives within the application site

 

            The development shall be carried out in accordance with the approved details for the duration of the construction of the development.

 

            Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy; Policy WH17 of the Wellington Heath Neighbourhood Development Plan and the National Planning Policy Framework.

 

8.         Prior to first occupation as accommodation evidence (such as photos/signed Ecological Clerk of Works completion statement) of the suitably placed installation within the application site of at least TWO Bat roosting enhancements and TWO bird nesting boxes should be supplied to and acknowledged by the local authority; and shall be maintained hereafter as approved unless otherwise agreed in writing by the local planning authority. No external lighting on the newly created accommodation or associated access should illuminate any habitat enhancement or existing boundary feature.

 

            Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), Habitat Regulations 2017, Core Strategy LD2, National Planning Policy Framework (2018), NERC Act  2006. Dark Skies Guidance Defra/NPPF 2013 (2018).

 

9.         No alterations in respect of the change of use shall take place until the following has been submitted to and approved in writing by the local planning authority:

 

a) a 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice;

b) if the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors;

c) if the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed shall be submitted in writing. The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the local planning authority for written approval.

 

            Reason: In the interests of human health and to ensure that new development does not contribute to, or suffer from, adverse impacts arising from contamination, to conform to the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

10.       The Remediation Scheme, as approved pursuant to condition no. (9) above, shall be fully implemented before the development is first occupied. On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted and agreed in writing before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

 

            Reason: In the interests of human health and to ensure that new development does not contribute to, or suffer from, adverse impacts arising from contamination, to conform to the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

11        If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

 

            Reason: In the interests of human health and to ensure that new development does not contribute to, or suffer from, adverse impacts arising from contamination, to conform to the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

12        Condition 12. The holiday let hereby permitted shall only be used for holiday purposes by tourists only. As such, no person or group of persons shall occupy the accommodation for more than 28 days consecutive days at a time and no same person or group of persons shall occupy the accommodation for more than 156 days in any one calendar year. The owners/operators of the site shall maintain an up- to-date register of the names of all occupiers of the accommodation and of their main home address (i.e. place of residence) and shall make this information available at all reasonable times to the Local Planning Authority.

 

            Reason: Having regard to Policies RA2, RA3 and SD1 of the Herefordshire Local Plan – Core Strategy; Policies WH1, WH6 and WH17 of the Wellington Heath Neighbourhood Development Plan and the National Planning Policy Framework, the local planning authority are not prepared to allow the introduction of a separate unit of residential accommodation, due to its proximity to Woodmill Cottage and as such, allow for sole use as holiday accommodation”.

 

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. 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.         It is an offence under Section 148 of the Highways Act 1980 to allow mud or other debris to be transmitted onto the public highway.  The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.

 

3.         Access to the site is via a public right of way and the applicant's attention is drawn to the restrictions imposed by Section 34 of the Road Traffic Act 1988 regarding the prohibition of driving motor vehicles elsewhere than on roads.

 

4.         This permission does not authorise the laying of private apparatus within the confines of the public highway.  The applicant should apply to Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford HR2 6JT, (Tel: 01432 261800), for consent under the New Roads and Streetworks Act 1991 to install private apparatus within the confines of the public highway.  Precise details of all works within the public highway must be agreed on site with the Highway Authority.  A minimum of 4 weeks notification will be required (or 3 months if a road closure is involved).

 

            Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to co-ordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public).Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.

 

5.         Drainage arrangements shall be provided to ensure that surface water from the driveway and/or vehicular turning area does not discharge onto the public highway.  No drainage or effluent from the proposed development shall be allowed to discharge into any highway drain or over any part of the public highway.

 

6.         The development hereby approved may result in vehicles being driven across or along a Public Right of Way.  As a result, notification should be given to the Highway Authority before the permission is implemented.  In addition, where public and private rights co-exist, permission should be sought from the landowner in order to obtain lawful authority to drive on the Public Right of Way.  For further information, contact Balfour Beatty (Managing Agent for Herefordshire Council) Public Rights of Way Services, Unit 3 Thorn Business Park, Rotherwas, Hereford, HR2 6JT (Tel: 01432 261800).

 

7.         It is the responsibility of the developer to arrange for a suitable outfall or discharge point.  It cannot be assumed that the highway drainage system can be used for such purposes.

 

8.         The applicant's attention is drawn to the requirement for design to conform to Herefordshire Council's 'Highways Design Guide for New Developments' and  'Highways Specification for New Developments'.

 

9.         In respect of conditions 9, 10 and 11, the local planning authority would advise that the assessment is required to be undertaken in accordance with good practice guidance and needs to be carried out by a suitably competent person as defined within the National Planning Policy Framework.

 

10.       In respect of conditions 9, 10 and 11, the local planning authority advises that all investigations of potentially contaminated sites should undertake asbestos sampling and analysis as a matter of routine and this should be included with any submission when seeking to discharge such conditions.

            The application was approved in accordance with the Case Officer’s recommendation, with an amended condition as reflected in the schedule of updates.