Proposed change of use of land to car parking.

Proposed change of use of land to car parking.

 

Councillor SJ Robertson, the Local Ward Member, made the following comments: further capacity could be provided by the proper marking out of the existing car parking area; she was surprised that the Traffic Manager had no objections given that other officers and the police had acknowledged that there were issues about the speed and volume of traffic accessing the site through Cleeve Orchard; it was noted that Holmer Park Health Club and Spa advertised its facilities for conference and other uses and she questioned whether this represented a change of use under planning legislation; concerns were expressed about inconsiderate and dangerous driving by clientele of the club; concerns were expressed about additional traffic on the A49 and Roman Road, particularly given the history of accidents; she was disappointed by the piecemeal development of this site and retrospective applications; the historic significance of the original house and grounds was noted and the weight that a Planning Inspector gave to the character and visual amenity of the area in relation to a previous application.  In view of these considerations, she felt that the application should be refused given the detrimental impact on the grounds of highway safety and visual amenity.  She added that, if the Sub-Committee was minded to approve the application, it would be beneficial delegate authority to the officers, in consultation with the Chairman and the Local Ward Member, so that a contribution towards traffic calming in the area could be secured.

 

The Development Control Manager advised that the proposal did not seek to increase the floorspace of the Health Club and Spa and, therefore, the application sought to provide parking for existing traffic.  He felt that, given the lack of objection from the Traffic Manager subject to conditions, it could be difficult to sustain a refusal reason based on highway safety.  He noted, however, that a judgement needed to be taken on the visual impact of the proposal on the historic grounds.

 

The Principal Planning Officer summarised the history of the site and the change of use from a social club to a health and spa club.  He advised that occasional conferences and funeral wakes had been accommodated and these uses were considered to be ancillary to the main health and spa use of the establishment.

 

Councillor Robertson commented on meetings with highways officers and the police that had identified problems with the traffic generated by the facility.  However, she acknowledged the Development Control Manager’s advice and felt that impact on visual amenity was a significant consideration.

 

Some members felt that the application was contrary to the spirit of sustainable development and modes of transport.

 

Councillor PA Andrews noted the assertion that ‘plastic grasscrete’, as had been used elsewhere on the site, was not suitable in this location but commented that there were more robust types of grass paving and felt that this should be pursued.  Councillor DB Wilcox also felt that this would help to mitigate the visual amenity issue and noted that refusal of planning permission could lead to increased parking and congestion in Cleeve Orchard.

 

Councillor PJ Edward commented that the proposal represented a significant increase in parking provision and felt that this would inevitably result in the intensification of use of the facility.

 

Councillor MD Lloyd-Hayes noted local concerns but also felt that the needs of the business and economic development issues had to be considered.

 

A motion to refuse the application was lost and the resolution below was then agreed.

 

Councillor Robertson asked that consideration be given to traffic calming in Cleeve Orchard.  The Development Control Manager noted that the recommendation in the report had been agreed but said that officers would be happy to explore the issues with the Local Ward Member.  Councillor DB Wilcox also emphasised the need to investigate appropriate forms of surfacing.

 

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 development hereby approved shall be carried out strictly in accordance with the amended plans received by the local planning authority on 8th May, 2007.

 

Reason: To ensure the development is carried out in accordance with the amended plans.

 

3.     None of the existing trees within the site shall be removed, felled, lopped or pruned or damaged in any way without the prior written consent of the local planning authority.

 

Reason: In order to preserve the character and amenities of the area.

 

4.     This permission does not authorise any works to trees included in the 243 Tree Preservation Order.  Any work shall be the subject of an application for consent to the local planning authority, in accordance with the provisions of the Tree Preservation Order and the law on Tree Preservation Orders in force at the time of the application.

 

Reason: To ensure the proper care and maintenance of the trees.

 

5.     No development shall be commenced on the site or machinery or materials brought onto the site for the purpose of development until adequate measures have been taken to prevent damage to those trees which are to be retained.  Measures to protect those trees shown must include:

 

(a)     Fencing, of a type and form agreed in writing with the local planning authority, must be erected around each tree or group of trees.  This fencing must be at least 1.25 metres high and at a radius from the trunk defined by the canopy spread.

 

(b)      No excavations, site works, trenches, channels, pipes, services, temporary buildings used in connection with the development or areas for the deposit of soil or waste or for the storage of construction materials, equipment or fuel or other deleterious liquids shall be sited within the crown spread of any tree without the prior written consent of the local planning authority.

 

(c)      No burning of any materials shall take place within 6 metres of the furthest extent of the canopy of any tree or tree groups to be retained.

 

(d)      There shall be no alteration of soil levels under the crown spread of any tree or group of trees to be retained.

 

Reason: To ensure adequate protection to existing trees which are to be retained, in the interests of the character and amenities of the area.

 

6.     Details of any excavations or trenches beneath the canopy of any trees to be retained shall be submitted to and agreed in writing with the local planning authority.  Where excavations are carried out beneath the canopy of any tree to be retained on land or on adjoining land, no roots of those trees of a diameter of 2.5 cm or more shall be severed, without the agreement of the local planning authority.  In order to achieve this requirement all excavations shall be carried out by hand tools.  The excavations shall be backfilled with sub-soil and a minimum depth of 600 mm good quality stone free loamy top soil of similar p.h. to the original.  Any subsequent settlement shall be made good with similar top soil.

 

Reason: To prevent the unnecessary damage to or loss of trees.

 

7.     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.

 

8.     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.

 

Informatives:

 

1.     For the avoidance of any doubt the plans for the development hereby approved are as follows:-

 

Drawings received and date stamped 8th May, 2007.

 

2.     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:

 

S1 - Sustainable Development

S6 - Transport

S8 - Recreation, Sport and Tourism

DR1 - Design

T11 - Parking Provision

HBA4 - Setting of Listed Buildings

HBA8 - Locally Important Buildings

 

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).