For:      C D Jones, 35 Jubilee Close, Deer Park, Ledbury, Herefordshire, HR8 2XA

Ward: Backbury

Change of use for parking of 2 HGVs and storage of building materials (retrospective).

Councillor Mrs. J.E. Pemberton, the Local Ward Member, noted that the land was being used for a variety of purposes and that “…the existing yard itself is very utilitarian and is not visually attractive but in view of its use in connection with the agricultural land it would not in itself require planning permission” (paragraph 6.4 of the report).  Councillor Mrs. Pemberton noted the concerns of the objector but felt that, given the specific application before the Sub-Committee and the conditions proposed, there were no material planning reasons to warrant refusal of the application.

In response to points made by Members, the Development Control Manager commented that the retrospective nature of the application provided an opportunity to manage the use through conditions and that potential enforcement issues relating to other matters would be investigated.

RESOLVED:

That planning permission be granted subject to the following conditions:

1.      E26 (Cessation of personal/time limited permission).

Reason: The nature of the development is such that it is only considered acceptable in this location having regard to the applicant's special circumstances.

2.      Within one month of the date of this permission, a written scheme for physically marking out the boundaries of the two areas of land on which the development is hereby permitted, outlined in red and annotated "A" and "B" on the plan referenced DUR1 attached to this permission, shall be submitted to the local planning authority for approval.  The scheme shall be implemented as approved within two months of this permission.

Reason: To define the areas of land for which permission for change of use is granted for the avoidance of doubt, in accordance with Malvern Hills District Local Plan Policy LAN4 and Herefordshire Unitary Development Plan (Revised Deposit Draft) Policy LA6.

3.      No waste or other materials, vehicles, plant or machinery arising from or used specifically in connection with the development hereby permitted shall be deposited or stored outside the areas identified by Condition 2 above, unless otherwise agreed in writing in advance by the local planning authority.

Reason: To protect the amenity of the area in accordance with Hereford and Worcester County Structure Plan Policy CTC2, Malvern Hills District Local Plan Policy LAN3 and Herefordshire Unitary Development Plan (Revised Deposit Draft) Policy DR2.

4.      E05 (Restriction on hours of use (industrial)).

Reason: In order to protect the amenity of occupiers of nearby properties.

5.      E06 (Restriction on use).

Reason: The local planning authority wish to control the specific use of the land/premises, in the interest of local amenity.

6.    Stockpiles of stored materials shall not exceed 4 metres in height.

Reason: In the interests of safety and visual amenity and to limit the quantity of materials to be stored at the site, in accordance with Herefordshire Unitary Development Plan (Revised Deposit Draft) Policy W1.

7.      No burning or incineration shall take place within the area the subject of this permission.

Reason: To safeguard local amenity and prevent pollution in accordance with Herefordshire Unitary Development Plan (Revised Deposit Draft) Policy DR4.

8.      There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways.

Reason: To protect the water environment in accordance with Herefordshire Unitary Development Plan (Revised Deposit Draft) Policy DR4.

Informatives:

1.      The boundary markers required by Condition 2 may be in the form of upright corner posts.  There is no need to fence the sites off provided the boundaries are clearly marked.

2.      N15 - Reason(s) for the Grant of PP/LBC/CAC.

3.      N19 - Avoidance of doubt.