Siting of shepherd hut to provide tourist accommodation including construction of new vehicular access and associated landscaping works.

The application was approved in accordance with the Case Officer’s recommendation with amended conditions.

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 update proposed an amendment to condition 4 as it was set out in the report

In accordance with the criteria for public speaking for virtual meetings, Cusop Parish Council had submitted a written submission in objection to the application.  This was read to the meeting by the legal adviser to the Committee.   Mr M Wordley, a local resident, spoke in opposition to the scheme as a virtual attendee.  Mr B Rose, the applicant, had submitted a written submission in support of the scheme.  This was read to the meeting by the legal adviser to the Committee.

In accordance with the Council’s Constitution, the local ward member, Councillor Jennie Hewitt, spoke on the application.  She opposed the application.  In summary she considered that it would cause significant harm to biodiversity contrary to the National Planning Policy Framework and should therefore be refused.

The Committee discussed the application.

It was proposed that in addition to the amendment to condition 4 referred to in the committee update a condition should be added in relation to planting.

The Lead Development Manager commented on the principal aspects of the application.  He considered the application was compliant with the Neighbourhood Development Plan.

The local ward member was given the opportunity to close the debate.  She reiterated her objection to the scheme suggesting that the submission of an application more sensitive to the setting could be considered.

RESOLVED: That planning permission be granted subject to the following conditions, including an amended condition 4 in the report (as amended below) and an additional condition relating to planting, and any further conditions considered necessary by officers named in the scheme of delegation to officers:

1.         C01 - Time limit for commencement (full permission)

2.         C07 - Development in accordance with approved plans and materials

3.         No external surface of the shepherds hut hereby approved shall be of a colour and finish other than one which has previously been approved in writing by the local planning authority for that purpose.

            Reason: To conform to Policy LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework and to clarify the terms of the permission and minimise visual intrusion.

4.        All foul water shall discharge through connection to the proposed package treatment plant and onsite soakaway; and any additional surface water shall discharge to appropriate soakaway-infiltration features; unless otherwise agreed in writing by the Local Planning Authority.

Reason: In order to comply with Conservation of Habitats and Species Regulations (2018), National Planning Policy Framework, NERC Act (2006), NPPF (2019) and Herefordshire Council Core Strategy (2015) policies LD2, SD3 and SD4.

5.         The translocated length of hedgerow and all new planting shall be gapped up, dead plants replaced like for like and the planting managed and maintained in line with all best practice guidance for a minimum of 10 years from completion of works and planting on the site – unless otherwise approved in writing by the Local Planning Authority.

            Reason: To conform to Policy LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework and to clarify the terms of the permission and minimise visual intrusion.

6.         No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the construction phase and thereafter for 5 years from the date of first use of the shepherds hut, other than in accordance with the approved plans and particulars.

            Reason: To safeguard the character and amenity of the area and to ensure that the development conforms with Policies LD1 and LD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

7.         CAB - Visibility Splays : - 2m x 48m eastbound, 2m x 49.6m westbound

8.         CAD - Access gates

9.         CAE - Vehicular access construction

10.       CAH - Driveway gradient

11.       CAI - Parking

12.       CAT - Construction Management Plan

13.       CB2 - Secure covered cycle parking provision

14.       C81 Use as holiday accommodation

15.       Within six months of any of the shepherds hut hereby permitted becoming redundant, inoperative or permanently unused, it and all associated infrastructure shall be removed and the land reinstated to its former condition.

            Reason: To conform to Policy LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework and to clarify the terms of the permission and minimise visual intrusion.

16.       C64 - Restriction on separate sale (from New House)

17.       Details of any external lighting proposed to illuminate the shepherds hut shall be submitted to and approved in writing by the local planning authority before the use hereby permitted commences. Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development.

            Reason: To safeguard local amenities and biodiversity and to comply with Policies SD1 and LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

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.         I11 – Mud on highway

3.         I05 – No drainage to discharge to highway

4.         I47 – Drainage other than via highway system

5.         I35 – Highways Design Guide and Specification

6.         The applicant’s attention is drawn to the following comments provided by the Council’s Environmental Health Service Manager (Water Quality):

            The proposed development plans to use an existing spring water supply. The applicant is advised that the Private Water Supplies (England) Regulations 2016 (as amended) and the Water Supply (Water Quality) Regulation 2016 will apply. In accordance with these Regulations and the Building Regulations 1984 the water must be of a potable and safe standard.

            If the supply is to be used for shared or commercial purposes including renting, the Private Water Supplies (England) Regulations 2016 specify that the water supply cannot be used until it has been risk assessed by the local authority’s private water supplies team (01432 261761) and found compliant.

            Applicants that are connecting to existing private water supplies or accessing sources of water on land over which they have no control are advised to give careful and specific attention to contractual/civil arrangements including rights of access, maintenance arrangements, provision of alternative water supply are agreed in writing at the outset.

7.         The Authority would advise the applicant (and their contractors) that they have a legal Duty of Care as regards wildlife protection. The majority of UK wildlife is subject to some level of legal protection through the Wildlife & Countryside Act (1981 as amended), with enhanced protection for special “protected species” such as Great Crested Newts, all Bat species, Otters, Dormice, Crayfish and reptile species that are present and widespread across the County. All nesting birds are legally protected from disturbance at any time of the year. Care should be taken to plan work and at all times of the year undertake the necessary precautionary checks and develop relevant working methods prior to work commencing. If in any doubt it advised that advice from a local professional ecology consultant is obtained. Any external lighting shouldn’t illuminate any ‘natural’ boundary feature or increase night time sky illumination (DEFRA/NPPF Dark Skies Guidance 2019/2013).

(The meeting adjourned between 10.45 and 10.55 am)