Retention of existing pontoon, steps and storage area for max. 30 canoes.

Retention of existing pontoon, steps and storage area for max. 30 canoes.

 

The Central Team Leader reported the following:

§         Further letters of support had been received from Barbara Layton and Robert Peers of 9 and 10 Noverwood Drive, Fownhope respectively; both letters commented on the importance of the canoe launch in terms of tourism and leisure activities.

§         Attention was drawn to the need to correct Page 23, paragraph 1.1, in that the application did not relate to the provision of a terraced enclosure and this section of the first sentence should be omitted.

§         Attention was drawn to the need to correct Page 28, paragraph 6.8, so that it the words “and in this way it can be ensured that the traffic generation” were omitted from the fifth and sixth line.

 

Councillor Mrs. J.E. Pemberton, the Local Ward Member, commented on the planning history of the site and the significant growth of the business in recent years.  She noted that the site was popular and well maintained.  However, she expressed concerns about the potential impact on visual and residential amenities.  She also questioned the arrangements in respect of storage, parking and access to the river.

 

Councillor W.J.S. Thomas drew attention to the objections of Holme Lacy Parish Council, to concerns about the retrospective nature of some of the applications relating to this site, and to concerns about access arrangements.  He also noted that an existing parking and turning area was being used as a seating area and questioned where visiting groups would park and manoeuvre.

 

Councillor R.M. Wilson commented that the proposal should mitigate health and safety risks associated with the access to the river but questioned the positioning of the vertical poles that would secure the pontoon and suggested that this be addressed through the conditions.

 

Councillor Mrs. M.D. Lloyd-Hayes felt it regrettable that this was a retrospective application but noted the importance of river based activities to tourism and the limited number of launching / landing sites along the River Wye.

 

Councillor D.B. Wilcox suggested that the parking situation could be addressed through the use of Grasscrete or similar grassed paving system.

 

Councillor Mrs. E.A. Taylor suggested that it would be a good idea for the applicant to review the health and safety of children accessing the river from the park.

 

Councillor P.J. Edwards asked whether there was a log of movements of people using this site for launching / landing and suggested that this could help to establish appropriate controls.

 

In response to a number of questions and comments, the Central Team Leader advised that: the area previously used for launching by the park was under separate ownership and, although access to the river could not be controlled, a boundary treatment condition could be included to restrict access to the other site; that details of the parking and turning arrangements could be required through a condition; the structural integrity of the pontoon could be examined; and the purpose of the application was to provide a formalised access to the river for patrons of the park and visiting organisations.

 

Councillor Mrs. J.E. Pemberton expressed concerns about health and safety risks but noted that access to the river could not be restricted.

 

RESOLVED:

 

That planning permission be granted subject to the following conditions:

 

1.      Within one month of the permission hereby granted details of the means of enclosure around the canoe storage area and between the canoe storage area and the River Wye shall be submitted to and approved in writing by the local planning authority.  The approved enclosure shall permanently restrict access to the land to the north of the application site and specifically the historic access point and shall be implemented in accordance with the approved details within two months of the date of this permission and retained thereafter.

 

Reason: To limit access to the river in the interests of the residential amenity of neighbouring occupiers.

 

2.      Within one month of the date of the permission hereby granted, details of a turning/parking facility for loading and unloading canoes shall be submitted to and approved in writing by the local planning authority.  The construction of the approved turning/parking facility shall be carried out within 6 months of this permission and thereafter retained and kept available for this use at all times.

 

         Reason: In the interests of highway safety and to avoid potential impacts on the residential amenity of neighbouring occupiers.

 

3.      Within one month of the date of the permission hereby granted details of the means of fixing the pontoon structure to the river bed/bank shall be submitted to and approved in writing by the local planning authority.  The pontoon shall thereafter be operated in acordance with these details unless otherwise agreed in writing by the local planning authority.

 

         Reason: To ensure the continued safe use of the pontoon.

 

4.      The canoes stored within the canoe storage area shall be for the benefit of persons staying at the Lucksall Camping and Caravan Park only.

 

         Reason: To safeguard the amenities of the locality and in the interests of highway safety.

 

Informatives:

 

1.      Your attention is drawn to the requirements of Part M of the Building Regulations 1991 in respect of the need to provide access and facilities for the disabled.

 

2.      This permission does not imply any rights of entry to any adjoining property nor does it imply that the development may extend into or project over or under any adjoining boundary.

 

3.      This permission does not extinguish any rights of way which may exist over the site nor does it imply that such rights of way may be diverted or otherwise altered.

 

4.      A public right of way crosses the site of this permission.  The permission does not authorise the stopping up or diversion of the right of way.  The right of way may be stopped up or diverted by Order under Section 257 of the Town and Country Planning Act 1990 provided that the Order is made before the development is carried out.  If the right of way is obstructed before the Order is made, the Order cannot proceed until the obstruction is removed.

 

5.      All protected birds, their nests and eggs are protected by law and it is thus an offence to:

Intentionally kill, injure or take any wild bird

Intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built

Intentionally take or destroy the egg of any wild bird

Intentionally (or recklessly in England and Wales) disturb any wild bird listed on Schedule1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.  The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both.

 

         The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August or late September in the case of swifts, swallows or house martins). If a nest is discovered while work is being undertaken, all work must stop and advice sought from English Nature and the Council's Ecologist.

 

6.      It is an offence for any person to:

Intentionally kill, injure or take protected bats.

Intentionally or recklessly damage, destroy or obstruct access to any place that a bat uses for shelter or protection. This is taken to mean all bat roosts whether bats are present or not.

Under the Habitats Regulations it is an offence to damage or destroy a breeding site or resting place of any bat. This is an absolute offence - in other words, intent or recklessness does not have to be proved.

The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) and Conservation Regulations 1994  that works to trees or  building where that work involves the disturbance of a bat is an offence if a licence has not been obtained by DEFRA. If a bat is discovered while work is being undertaken, all work must stop and advice sought from English Nature and the Council's Ecologist. You can also call the UK Bat helpline on 0845 133 228.

 

7.      The decision to grant planning permission has been taken having regard to the policies and proposals in the Herefordshire Unitary Development Plan 2007 set out below, and to all relevant material considerations including Supplementary Planning Guidance:

 

Herefordshire Unitary Development Plan 2007:

S1 - Sustainable development

S2 - Development requirements

S6 - Transport

S7 - Natural and historic heritage

S8 - Recreation, sport and tourism

DR1 - Design

DR2 - Land use and activity

DR7 - Flood risk

T11 - Parking provision

LA1 - Areas of Outstanding Natural Beauty

LA2 - Landscape character and areas least resilient to change

RST1 - Criteria for recreation, sport and tourism development

RST2 - Recreation, sport and tourism development within Areas of Outstanding Natural Beauty

RST14 - Static caravans, chalets, camping and touring caravan sites

 

         This informative is only intended as a summary of the reasons for grant of planning permission.  For further detail on the decision please see the application report by contacting The Hereford Centre, Garrick House, Widemarsh Street, Hereford (Tel: 01432-261563).