Proposed boat ramp, siting of crane and associated hardstanding and footpath.

Application refused, in accordance with the case officer’s recommendation.

The Principal Planning Officer provided a presentation on the application and the updates representations received following the publication of the agenda as attached to these minutes.

In accordance with the criteria for public speaking Mr Milln spoke on behalf of Hereford City Council and Mr Taylor, the applicant, spoke in support of the application.

In accordance with the council's constitution a statement was read out on behalf of the local ward member. In summary, she explained the application had attracted a large number of representations both in objection and in support. The area of riverbank within the application was a highly valued part of the city for its scenic qualities and recreational uses. The aims of the application to increase access to the river were supported but it was noted that a highly sensitive approach was necessary to protect the welfare of the river. The application site was in a conservation area, a site of special scientific interest (SSSI) and a special area of conservation (SAC). The application therefore required a habitat regulation assessment (HRA) which had been considered by Natural England. Natural England had considered the HRA and objected to the application, due to its impact on the river. Natural England had previously given the river an unfavourable-declining rating. It was hoped that elements of the application and project could be taken forward and the sea scouts were encouraged to investigate the possibility of sharing facilities with the Rowing Club to launch boats.

The committee debated the application.

There was division among the membership of the committee regarding the acceptability of the application. It was the contention of some members of the committee that the impact of the application was not significant given similar structures which existed in close proximity at the Rowing Club. There was concern that the objection from Natural England obstructed a valuable local project.

Councillor Bruce Baker proposed and Councillor Richard Thomas seconded a motion that the application be approved. The motion was subsequently withdrawn by both proposer and seconder.

It was the contention of other members of the committee that the unfavourable-declining condition of the river must be taken into account in determining the application and that the objection of Natural England must be given significant weight in the committee’s deliberations.

Councillor Stef Simmons proposed and councillor Dave Boulter seconded the refusal of the application in accordance with the case officer's recommendation.

The motion was put to the vote and was carried by a simple majority.

RESOLVED:

That planning permission is refused for the following reason:

The application site is within the catchment of the River Wye Special Area of Conservation (SAC), which is a European designated site and therefore has the potential to affect its interest features. European sites are afforded protection under the Conservation of Habitats and Species Regulations 2017, as amended (the ‘Habitats Regulations’). The SAC is notified at a national level as the River Wye Site of Special Scientific Interest. There is a requirement for a Habitat Regulations Assessment (HRA) to demonstrate beyond reasonable scientific doubt that the proposed development would not have any adverse effects on the integrity of the SAC. The submitted details fail to provide sufficient evidence that the proposed development would avoid adverse impacts on the SAC. The information provided in support of the application does not adequately address the potential ecological impacts or propose effective mitigation strategies to protect the sensitive features of the designated site; the measures do not avoid or reduce likely significant effects caused by the proposed new section of reinforced bank but rather would allow those effects to occur and compensate for them elsewhere. The proposal is also contrary to the objectives of the SAC Site Improvement Plan (SIP) and would not assist in the positive implementation of the associated River Restoration Plan (RRP). The submission also fails to adequately detail, with certainty, the extent to which the proposal would give rise to increased recreational pressures at the site. Consequently, the Local Planning Authority cannot be satisfied that the development would not harm the integrity of the designated site and cannot adopt a positive HRA, thus failing to comply with the requirements set out in the Conservation of Species and Habitats Regulations 2017 (as amended). Therefore, the proposal is contrary to Policy LD2 of the Herefordshire Local Plan – Core Strategy and the principles set out within the National Planning Policy Framework