"Whole farm application" for the erection (and re-erection) of polytunnels.

Ward: Hope End

"Whole Farm Application" for the erection (and re-erection) of polytunnels. 

 

The following updates were reported:

 

·         Further representations had been received in respect of the provision of passing bays along Burtons Lane.  Whilst it was considered that there may only be scope for the provision of one passing bay, it was considered that the matter could be explored further. 

 

In response to this representation, the following officer comment was reported:

 

·         An amendment to the proposed condition 13 is recommended as follows:

 

13.   Within three months from the date of this planning permission a scheme for the provision of motor vehicle passing bay(s) along Burtons Lane between its junction with the B4214 and the main vehicular entrance to Withers Farm shall be submitted to the Local Planning Authority for their written approval. Such a scheme must be agreed and approved in writing by the Local Planning Authority within four months from the date of this permission. The approved passing bay(s) shall be implemented by 1^st September 2008 and thereafter maintained as such;

 

Reason: - To ensure the free flow of traffic along Burtons Lane

 

·         A further representation had been received from the Herefordshire & Gloucestershire Canal Trust who now objected to the proposed development but stated that their concerns could be satisfactorily overcome by the imposition of three conditions. 

 

In response to this representation, the following officer comment was reported:

 

·         Their views have been carefully considered and it is considered that recommended condition 5 together with an additional condition would suffice.  The additional condition is proposed as follows:

 

23.   Notwithstanding the provisions of condition 14 above, there shall be no outlet headwalls constructed, engineering or other operations (including excavation / deepening to increase storage capacity) within the safeguarded route of the Herefordshire and Gloucestershire Canal without the prior written approval of the Local Planning Authority being obtained;

 

Reason: - To ensure that any excavation or other works that represent development do not prejudice the future restoration of the canal in accordance with policy RST9 of the Herefordshire Unitary Development Plan 2007

 

In accordance with the criteria for public speaking, Mr Leeds and Mr Saunders spoke in support of the application. 

 

A Local Ward Member, Councillor R Mills, thanked the Principal Planning Officer for his excellent report, and for the clarity of information and plans provided. 

 

The other Local Ward Member, Councillor RV Stockton, acknowledged that the officer’s report was exemplary and would be used as a template for similar applications, both locally and nationally. 

 

In response to questions, the Principal Planning Officer confirmed that:

 

• the applicant had considered using matt or colour-tinted plastic for the polytunnels, but that there was evidence that these measures might lead to an inferior crop yield, and so it was unreasonable to control the types of plastic with a planning condition.  He added that one of the main complaints about polytunnels was the glare generated by direct sunlight reflecting off their surfaces, and that the colour of plastic had no impact on this.  To limit the effect of glare, the applicant had agreed to rotate the polytunnels and restrict coverage to only one third of the permitted area at any time;
• In relation to the proposed Condition 13, the lay-by size proposed would be adequate for Heavy Good Vehicles;
• In relation to the proposed Condition 19, the 12-month time period was to allow sufficient time to set up and remove polytunnels, and was part of Government guidance. 

 

Councillor JK Swinburne commented that the proposed two-metre distance of polytunnels from the public footpath on the site, might be insufficient.  The Principal Planning Officer said that he would explore increasing the distance with the applicant. 

 

The Head of Planning Services commented that the report would send a clear message to other growers in respect of the standards required by the Council, and would provide the framework for Supplementary Planning Guidance in due course. 

 

RESOLVED:   That planning permission be granted subject to the following conditions, and subject to further negotiations with the applicant in respect of increasing the distance between the proposed polytunnels and the public footpath on the site:

 

1 -        There shall be no polytunnels sited on land lower than 55 metres above ordnance datum.

 

                 Reason:  To maintain conveyance of flood flows and to prevent the increased risk of flooding elsewhere in compliance with policy DR7 of the Herefordshire Unitary Development Plan 2007.

 

2 -        There shall be no polytunnels sited upon the areas cross-hatched in red and annotated as "No polytunnels: Setting of a listed building" as shown on the plan attached to this decision notice.

 

                 Reason:  To safeguard the setting of the listed buildings known as 'Pegs Farm' and 'Uplands' in accordance with policy HBA4 of the Herefordshire Unitary Development Plan 2007.

 

3 -     There shall be no polytunnels sited within those areas cross-hatched in green and annotated as "No polytunnels: Landscape impact" as shown on the plan attached to this decision notice.

 

         Reason:  To ensure a satisfactory visual appearance of the development hereby permitted within the landscape in accordance with policy LA2 of the Herefordshire Unitary Development Plan 2007.

 

4 -     No polytunnels shall be sited within 2 metres of the centre line of any public right of way.

 

         Reason:  To ensure that no public right of way is obstructed and to ensure that their enjoyment is safeguarded in accordance with policy T6 of the Herefordshire Unitary Development Plan 2007.

 

5 -     No polytunnels shall be sited upon the safeguarded route of the Herefordshire and Gloucestershire Canal marked with blue dots and annotated as 'Safeguarded route of canal' on the plan attached to this decision notice.

 

         Reason:  To ensure that the safeguarded route of the Herefordshire and Gloucestershire Canal is safeguarded from development in accordance with policy RST9 of the Herefordshire Unitary Development Plan 2007.

 

6 -     No more than 50.7 hectares of the application site shall be covered with polytunnels at any one time.

 

          Reason:  To ensure that the cumulative visual impact of the development within the landscape is satisfactorily controlled in accordance with policy LA2 of the Herefordshire Unitary Development Plan 2007.

 

7 -      Notwithstanding the above conditions, no more than 16.2 hectares of Zone 1 shaded with small green dots on the plan attached to this decision shall be covered with polytunnels at any one time.

 

         Reason:  To ensure that the cumulative visual impact of the development within the landscape is satisfactorily controlled in accordance with Policy LA2 of the Herefordshire Unitary Development Plan 2007.

 

8 -      Notwithstanding the above conditions, no more than 25.9 hectares of Zone 2 shaded with small yellow dots on the plan attached to this decision notice shall be covered with polytunnels at any one time.

 

         Reason:  To ensure that the cumulative visual impact of the development within the landscape is satisfactorily controlled in accordance with policy LA2 of the Herefordshire Unitary Development Plan 2007.

 

9 -      Notwithstanding the above conditions, no more than 8.6 hectares of Zone 3 shaded with small blue dots on the plan attached to this decision notice shall be covered with polytunnels at any one time.

 

         Reason:  To ensure that the cumulative visual impact of the development within the landscape is satisfactorily controlled in accordance with policy LA2 of the Herefordshire Unitary Development Plan 2007.

 

10 -      No polytunnel shall be sited within 30 metres of the boundary of any residential curtilage of any dwelling house that lies outside the confines of the application site.

 

         Reason:  To safeguard the amenities of the occupiers of dwelling houses in the immediate vicinity in accordance with policy DR1 of the Herefordshire Unitary Development Plan 2007.

 

11 -      No polytunnel shall exceed 4.25 metres above existing ground level.

 

         Reason:  To control the visual impact of the impact of the development within the landscape in accordance with policy LA2 of the Herefordshire Unitary Development Plan 2007.

 

12 -      Notwithstanding the above conditions, the landscaping scheme detailed upon drawing number 1196/09 and species mix detailed within Section 6 of the Davies Light Associates Landscape and Visual Appraisal dated 1/12/06 shall be fully planted prior to 1st March 2009.  Prior to 1st October 2008 the density (i.e.  number of plants/trees, precise locations and spacings) of the proposed planting shown upon a metric scaled plan of at least 1:7,500 must be agreed in writing with the Local Planning Authority.  Any trees or plants which prior to 1st March 2019 die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.  No polytunnels shall be sited upon these landscaped areas.

 

         Reason:  To ensure that the development hereby permitted is satisfactorily integrated into the landscape in accordance with policy LA2 of the Herefordshire Unitary Development Plan 2007.

 

13 -   Within three months from the date of this planning permission a scheme for the provision of motor vehicle passing bay(s) along Burtons Lane between its junction with the B4214 and the main vehicular entrance to Withers Farm shall be submitted to the Local Planning Authority for their written approval. Such a scheme must be agreed and approved in writing by the Local Planning Authority within four months from the date of this permission. The approved passing bay(s) shall be implemented by 1^st September 2008 and thereafter maintained as such.

 

Reason:  To ensure the free flow of traffic along Burtons Lane.

 

14 -      All surface water and mitigation management measures detailed in the Surface Water Mitigation and Management Report prepared by JDIH Envireau and received by the Local Planning Authority on 5th November 2007 shall be fully implemented prior to 1st January 2009 and thereafter maintained. Surface Water generated from the site shall be limited to the equivalent Greenfield run-off rate.

 

         Reason: To safeguard against surface water flooding of both Hollow Lane and the B4212.

 

15 -      The recommendations for habitats and protected species set out in the Ecological Appraisal dated 07/10/07 prepared by Davies Light Associates shall be followed unless otherwise agreed in writing by the Local Planning Authority. The implementation of the ecological mitigation works shall be overseen by an appropriately qualified and experienced ecological clerk of works.

 

           Reasons: To ensure the protection of all species covered under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats, & c.) Regulations 1994 (as amended), the Badger Act 1992 and policies NC1, NC5, NC6 and NC7 of the Herefordshire Unitary Development Plan 2007.

 

         To ensure that the law is not breached with regard to nesting birds which are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) and policies NC1, NC5, NC6 and NC7 of the Herefordshire Unitary Development Plan 2007.

 

         To comply with Herefordshire council's Unitary Development Plan policies NC8 and NC9 in relation to Nature Conservation and Biodiversity and Geological Conservation and the NERC Act 2006.

 

         To conserve and enhance protected habitats and to maintain the foraging area for protected species in accordance policies NC6, NC7, NC8 and NC9 of the Herefordshire Unitary Development Plan 2007 and Planning Policy Statement 9.

 

16 -      Within three months of from the date of this permission, a habitat creation, enhancement and management scheme, to include specified timescales for implementation, based upon the FWAG Report dated 17th October 2007 and to include a nature conservation buffer zone along the northern section of the eastern side of the canal shall be submitted to the Local Planning Authority for their written approval. The approved scheme shall be fully implemented as approved and the implementation of the ecological mitigation works shall be overseen by an appropriately qualified and experienced ecological clerk of works.

 

           Reasons: To ensure the protection of all species covered under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats, & c.) Regulations 1994 (as amended), the Badger Act 1992 and policies NC1, NC5, NC6 and NC7 of the Herefordshire Unitary Development Plan 2007.

 

         To ensure that the law is not breached with regard to nesting birds which are protected under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) and policies NC1, NC5, NC6 and NC7 of the Herefordshire Unitary Development Plan 2007.

 

         To comply with Herefordshire Council's Unitary Development Plan policies NC8 and NC9 in relation to Nature Conservation and Biodiversity and Geological Conservation and the NERC Act 2006.

 

          To conserve and enhance protected habitats and to maintain the foraging area for protected species in accordance policies NC6, NC7, NC8 and NC9 of the Herefordshire Unitary Development Plan 2007 and Planning Policy Statement 9.

 

17 -      There shall be no buildings, structures (including polytunnels, gates, walls and fences) or raised ground levels within 8 metres of the top of bank of the River Leadon (Main River) unless otherwise agreed in writing by the Local Planning Authority.

 

         Reason: To maintain access to the watercourse for maintenance or improvements.

 

18 -      All existing trees and hedgerows upon the land shall be retained unless otherwise agreed in writing by the Local Planning Authority.

 

         Reason: To ensure that the development hereby permitted is satisfactorily integrated into the landscape in accordance with policy LA2 of the Herefordshire Unitary Development Plan 2007.

 

19 -   In the event of the polytunnels hereby permitted becoming redundant for the growing of soft fruit upon the application site, the polytunnels which includes the supporting structures shall be removed from application site within a period of twelve months.

 

         Reason: To ensure that buildings / structures that are redundant for agricultural purposes do not remain in the landscape unnecessarily.

 

20 -      None of the polytunnels hereby permitted shall be covered with polythene from 15th November until 31st December in any calendar year nor during the month of January in any calendar year, unless otherwise agreed in writing by the Local Planning Authority.

 

         Reason: To ensure that the visual impact of the development hereby permitted is limited to the growing periods in accordance with policy LA2 of the Herefordshire Unitary Development Plan 2007.

 

21 -      There shall be no polytunnels sited within the areas cross-hatched grey and annotated as 'No Polytunnels: Proposed by applicant' as shown on the plan attached to this decision notice.

 

         Reason: These areas do not form part of the proposal hereby permitted and as such the merits of siting polytunnels upon these areas of land have not been considered.

 

22 -      Prior to the 1^st February in each calendar year following the date of this permission, a plan to a metric scale of at least 1:7,500 shall be submitted to the Local Planning Authority showing the 50.7 hectares (maximum) of land to be covered with polytunnels and distributed in accordance with conditions 7, 8 and 9 above requiring maximum coverages in Zones 1, 2 & 3 of 16.2 hectares, 25.9 hectares and 8.6 hectares respectfully.

 

         Reason:  To enable the Local Planning Authority to practically monitor the development.

 

23.   Notwithstanding the provisions of condition 14 above, there shall be no outlet headwalls constructed, engineering or other operations (including excavation/deepening to increase storage capacity) within the safeguarded route of the Herefordshire and Gloucestershire Canal without the prior written approval of the Local Planning Authority being obtained.

 

Reason:  To ensure that any excavation or other works that represent development do not prejudice the future restoration of the canal in accordance with policy RST9 of the Herefordshire Unitary Development Plan 2007

 

           Informatives:

 

1 -     The reason for granting planning permission in respect of the development is that it is considered by the Local Planning Authority that the development gives rise to benefits to the local rural economy and that the environmental impacts can satisfactorily be overcome by way of the imposition of appropriate conditions in compliance with the relevant Development Plan policies.

 

         The documents to which the decision notice relates are: -

 

         The plan attached to the decision notice

         Drawing number 1196/09 and species mix detailed within Section 6 of the Davies Light Associates Landscape and Visual Appraisal dated 1/12/06

         Surface Water Mitigation and Management Report prepared by JDIH Envireau and received by the Local Planning Authority on 5th November 2007

           Ecological Appraisal dated 07/10/07 prepared by Davies Light Associates

         FWAG Report dated 17th October 2007