For:     F.M. Green per Brian Griffin P&CC Ltd, The Cottage, Green Bottom, Littledean, Glos. GL14 3LH

 

to consider a planning application which has been referred to the Committee because the Southern Area Planning Sub-Committee was mindful to refuse it, contrary to policy and officer recommendations.

 

Ward: Llangarron

The Development Control Manager reported the receipt of the following updates:

 

ADDITIONAL DOCUMENTATION

 

An email has been received from one of the objectors pointing out that his domestic curtilage comes to within 25 metres of the building and, on that basis, the objector considers that the officer’s report understates the likely impact of the commercial use on his domestic property.

 

OFFICER COMMENTS

 

There is an open area between the building which is the subject of the application and the nearest dwelling. Part of this area is given over to private gardens. Paragraph 6.2 of the report correctly points out that “.. the building is about 47 metres from the nearest residential dwelling..”. This is the critical distance in terms of likely impact of, for example, an office use on the amenities of the nearest dwelling. The analysis in the report is not changed by this.

 

The Development Control Manager advised that the Southern Area Planning Sub-Committee at its meeting on the 29th May 2007 was mindful to refuse the application contrary to recommendation.  The Sub-Committee had given weight to objections received from residents of adjoining barn conversions, especially regarding their concerns over traffic likely to be generated by the use. It considered that the proposal was unacceptable on highway safety grounds and that a residential conversion was preferable, notwithstanding the policy objection to such use and the recent appeal history. It also considered that any form of “Industrial” use would have an adverse impact on residential amenities, notwithstanding the definition of B1 use. In particular it was felt that a mixed use of residential on one part of the farm complex and B1 use on another part would be inappropriate.  The objections of the Traffic Manager that there was inadequate car parking for the proposed use was also taken into consideration.

 

The Development Control Manager said that refusal of permission would be difficult to sustain in the event of an appeal, and that the Sub-Committee’s preference for  residential development would be inappropriate for the following reasons:

 

1. a highway safety objection could not be defended on appeal given the acceptance of the Highways Agency for the access arrangements. The access to the A49 already existed and was acceptable for the proposed use. The Traffic Manager’s concerns about car parking provision could be  satisfied by providing more on-site parking;
2. the residential amenity objection would not be possible to sustain on appeal because the proposed use, use class B1, was compatible with residential use; and
3. residential use would be contrary to Herefordshire Council’s policies for the re-use of rural buildings and would also fail to take account of the recent appeal decision to dismiss a proposal for the use of these same buildings for residential holiday lets.

 

In accordance with the criteria for public speaking, Mr. Howells an objector spoke against the application and Mr Griffin the applicants agent spoke in support.

 

Councillor J.A. Hyde confirmed felt that the application was contrary to policy HBA12 of the Unitary Development Plan and should therefore be refused contrary to the officers recommendation. She also felt that the mix of B1 and residential use was not acceptable and cited highway safety as a further ground for refusal.  She said that  holiday accommodation would have been be more suitable on the site but noted that this had previously been refused and lost on appeal.  The Committee agreed with her view that the B1 usage would have an unacceptable impact on the local residents and the local road network.

 

Having discussed all the aspects of the application, the Committee noted the objections that had been raised but did not feel that there were sufficient grounds to support a refusal if it went to appeal.

 

 

RESOLVED

 

that planning permission be granted subject to the following conditions:

 

1       A01 (Time limit for commencement (full permission) )

 

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2       G04 (Landscaping scheme (general) )

 

         Reason: In order to protect the visual amenities of the area.

 

3       G05 (Implementation of landscaping scheme (general) )

 

         Reason:  In order to protect the visual amenities of the area.

 

4       G01 (Details of boundary treatments )

 

         Reason: In the interests of visual amenity and to ensure dwellings have satisfactory privacy.

 

5          B01 (Samples of external materials )

 

            Reason: To ensure that the materials harmonise with the surroundings.

 

6       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.

 

7       E01 (Restriction on hours of working )

 

         Reason: To safeguard the amenities of the locality.

 

8       F32 (Details of floodlighting/external lighting )

 

Reason: To safeguard local amenities.

 

9       No process shall be carried out and no goods, equipment or material shall be stored except within the units hereby permitted.

 

Reason:  To protect the visual amenities of the area.

 

10     F14 (Time restriction on music )

 

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

 

11     H15 (Turning and parking: change of use – commercial)

 

Reason:  To minimise the likelihood of indiscriminate parking in the interests of highway safety.

 

12     H29 (Secure parking provision)

 

Reason:  To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy.

 

INFORMATIVES:

 

1      N19 - Avoidance of doubt

 

2      N15 - Reason(s) for the Grant of Planning Permission