Improvement to existing vehicular access and re-use of existing reception building and store for office, sales and cafe.

Improvement to existing vehicular access and re-use of existing reception building and store for office, sales and cafe.

 

The Central Team Leader reported the following:

§         A further letter of support had been received from Barbara Layton of 9 Noverwood Drive, Fownhope; the letter stressed the importance of the proposed café in terms of promoting a high quality tourist attraction.

§         The Lead Engineer (Traffic) had advised that, following further consideration of the option of localised speed restrictions in the vicinity of the caravan site and the potential for the section of road between Mordiford and Fownhope to be restricted, there was insufficient evidence to justify a reduction at this time.

§         Notwithstanding the lack of justification for speed restrictions, officers considered that the application, by reason of the internal widening of the access, would enhance the safety of the current access arrangements.

§         For the purposes of clarity, the Sub-Committee was advised that recommended condition 2 would restrict the use of the building to the times when the caravan site was open; this was understood to be from March - November.  It was recommended that the café and shop elements be available to park residents between 0800 and 2300 daily.

 

In accordance with the criteria for public speaking, Miss Harris spoke in objection to the application and Mr. Jolly spoke in support of the application.

 

Councillor Mrs. J.E. Pemberton, the Local Ward Member, felt that the highway safety risks had been underestimated.  She felt that speed restrictions or, at least, warning signs should be installed along the road to highlight the dangers of slow moving traffic entering and exiting the caravan park.  Noting the concerns of the public speaker, Councillor Mrs. Pemberton suggested that the hours of opening of the café element should be restricted.

 

Councillor D.B. Wilcox, while acknowledging that the revised access arrangements would improve site access to some extent, concurred with the Local Ward Member about the highway safety risks associated with the B4224 and commented on the intensification of activity at the caravan park in recent years.  He noted that there were no footpaths along the main road and not even verges in some places.  He felt that the applicants should be required to give a commitment that they would contribute to any highway safety measures deemed necessary over the next five years, perhaps for vehicle activated signage.  He questioned whether any recent surveys had been undertaken of vehicle and pedestrian movements in the vicinity of the site.

 

In response to the matters raised by Members, the Central Team Leader advised that: the hours of opening could be controlled by a condition; he was not aware that any detailed counts of vehicle and pedestrian movements had been made; and that a contribution towards potential highway safety measures would not pass the tests of the relevant circular, particularly as the Traffic Manager had not raised any objections to the proposals.  The Legal Practice Manager explained the use of Section 106 Agreements and commented that, without concerns being expressed by the Traffic Manager, such a requirement could be difficult to sustain in this instance.

 

A number of Members felt that consideration of the application should be deferred for further information and detailed appraisal from the Traffic Manager.  The Development Control Manager questioned what could be achieved through deferral of the application given that the Traffic Manager had not raised any objections and that the proposed access improvements could be lost if the application was not supported.  He suggested that Members’ concerns about the B4224 could be reported to the Traffic Manager separately.  The Chairman noted that the revised access arrangements would improve the existing situation and that this particular application would not generate significant levels of additional traffic in itself.

 

RESOLVED:

 

That planning permission be granted subject to the following conditions:

 

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 reception building and the business known as Lucksall Caravan and Camping Park shall not be sold separately from each other.

 

         Reason: It would be contrary to the policy of the local planning authority to grant permission for a separate commercial use in this location and to comply with Polices DR2 and E11 of the Herefordshire Unitary Development Plan 2007.

 

3.      The premises shall not be used for the sale of food for consumption off the premises known as Lucksall Caravan and Camping Park.

 

         Reason: To prevent use of the premises for purposes other than for the benefit of patrons and other users of the site, to protect residential amenity and to comply with Policy DR2 of the Herefordshire Unitary Development Plan 2007.

 

4.      No development shall take place until there has been submitted to and approved by the local planning authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development and any necessary tree surgery.  All proposed planting shall be clearly described with species, sizes and planting numbers.

 

         Reason: In order to protect the visual amenities of the area and to comply with Policy LA6 of the Herefordshire Unitary Development Plan 2007.

 

5.      All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5 year defects period.

 

         Reason:  In order to protect the visual amenities of the area, and to comply with Policy LA6 of the Herefordshire Unitary Development Plan 2007.

 

6.      No amplified music shall be played in or at the building subject of this application.

 

         Reason: To protect the amenities of neighbouring occupiers.

 

7.      The cafe use shall not be open to customers outside the hours of 0800 - 2000 hours on any day.

 

         Reason: To protect the amenity of neighbouring occupiers and to comply with Policy DR2 of the Herefordshire Unitary Development Plan 2007.

 

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.      This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Mr. C. Hall, Area Manager (Central), Thorn Business Park, Rotherwas, Hereford, HR2 6JT Tel: 01432-260786, shall be given at least 28 days' notice of the applicant's intention to commence any works affecting the public highway so that the applicant can be provided with an approved specification for the works together with a list of approved contractors.

 

6.      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.

 

7.      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.

 

8.      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).