For:      Mr M Powell per Mr D Cave,  Sychar Cottage, The Downs, Bromyard, Herefordshire, HR7 4NU

To consider a revised planning application which has been referred to the Committee because the Southern Area Planning Sub-Committee was mindful to approve the original application contrary to policy and officer recommendations.

Ward: Golden Valley South

The Development Control Manager said that the application was a minor modification to one previously refused by the Committee.  The new application had been referred directly to the Planning Committee given the previous known support of the Southern Area Planning Sub-Committee to the original application.  He said that the comments of the Council’s County Land Agent had been received. His advice was that there had been no substantial change since the previous proposal. The extra stock number was minimal but does raise the SMD over the threshold. On the financial aspect the financial appraisal is on gross margin figures rather than audited accounts and there was no indication of increased costs. The financial position had to be as existing and based on audited accounts. The financial test is not passed

The comments of the applicant’s agricultural advisor have been received in response to those of the Council’s County Land Agent. These comments referred to the fact that increased costs were included in the gross margin data. Also it is stated that the release of capital from the dwelling at Kentchurch (where the applicant currently lives) is not ‘irrelevant ‘as stated by the County Land Agent.

The Development Control Manager said that the representations on behalf of the applicant did not significantly change the basis of the application. The County Land Agent remained of the view that the case for a new dwelling has not been made with regard to the Council’s own policies in the Unitary Development Plan or the advice in Planning Policy Statement 7 as set out in the report to Committee.

The representations received clarify the basis of data provided and make reference to the views of the Council’s County Land Agent, as regards the sale of property in Kentchurch. This sale is not relevant to the financial and functional viability of the enterprise at Upper Newton Farm.

In accordance with the criteria for public speaking, Mr Herdman of Vowchurch and District Group Parish Council and Mr Howey the agent acting on behalf of the applicant, spoke in favour of the application.

Councillor JB Williams, the local Ward Member, said that consideration needed to be given to the nature of the farm and the family circumstances of the applicant, who currently lived nine miles away, and his parents who currently live in the existing farmhouse.  He pointed out that the land was not suitable for arable use and that livestock use needed a considerable amount of management and care, particularly at peak times.  He felt that the needs of the farm were sufficient to justify a second dwelling and that the existing barns on the site were not suitable for conversion because of their headroom and setting on bedrock which would be expensive to excavate. There was a low level of traffic and objections from the Transportation Manager could not be supported.  Councillor Greenhow shared these views and Councillor Price was of the view that there was sufficient flexibility within Policy PPS 7 for an exception to be made.  Councillor PM Morgan pointed out that the existing farmhouse had been used by the family for four generations and did not see why a new dwelling was necessary in the open countryside in conflict with the Council’s planning policies.  The Chairman agreed with this view and felt that further investigation needed to be made by the family to explore alternatives which would meet the Councils policies.

Notwithstanding these views and the case put forward by the Officers, the Committee decided that there were sufficient grounds for an exception to be made to the Councils policies and that permission could be granted.

RESOLVED THAT:

That the Head of Legal and Democratic Services be authorised to complete a planning obligation agreement under Section 106 of the Town and Country Planning Act 1990 tying the new unit to the existing farmhouse, and any other appropriate conditions felt to be necessary by the Head of Planning Services.