Proposed change of use of site to international centre for birds of prey. Proposed aviaries; clinic/research building; toilet block; vehicular access and car park; porch to cafe/shop and associated works.

The Following updates were reported:

 

• Further letters of objection and/ or reservation had been received from the following (those marked with an * have previously made representation on this application):

 

 

These letters had reiterated concerns and objections listed in the committee report and had raised some additional issues, summarised as follows:

 

1)            The application lacks details on the increase in traffic movements to and from the site from visitors, staff, suppliers etc. The proposal will create a considerable volume of vehicle movements along this lightly trafficked road.

 

2)            Traffic levels are underestimated. Estimates of 20,000 are conservative but it will probably be 2-3 times that.

 

3)            The pre application presentation by the applicant did not fully explain the extent and scale of the proposals.

 

4)            Any development that adds to the flooding causes concern to those affected. The EA have failed to consider the effect of the development on nearby properties, only the site itself. Can the Councils aim for a Sustainable drainage system actually be achieved? Doubtful that this could be dealt with by way of a condition given the high standard of drainage required. Drainage is very crucial to this proposal and a sustainable drainage system should form part of the application.

 

5)            Proximity of village to Conservation Area and the views on the approach and when leaving the village are very important and have not been fully considered. 

 

6)            The buildings are of substantial structure and are made more prominent by their bulk, colour and close positioning. Landscaping would take decades to reduce the impact and would never be effective in adequately softening the development. The development would be substantial structures made more prominent by their bulk, ridge, prominence, colour and close positioning.

 

7)            Concern about not being notified of the proposal and the procedures of the Council blocking residents

 

8)            The immediate road frontage by the current entrance / exit floods 2/3 times per year. The proposal states that storm water from some buildings will drain to the new lake. The intention is then to discharge the lake overflow directly to the river via a new drain under the road.

 

9)            Request that the application is scaled down and fully address the drainage issues

 

10)        What happens to the site if the business fails?

 

11)        Is it right to put a zoo on this rural site 250m from a conservation village?

 

12)        The marginal impact of this type of tourism (day trippers) on the local economy?

 

13)        Bed and Breakfasts and local pubs will benefit from those tourists staying in the area but this has to be balanced between these visitors and those that are simply passing though. The impact on the village from the vast majority of visitors will be to put increasing pressure on an already limited infrastructure. Other visitors who are following the black and white trail may be put off Eardisland because it has been overrun by tourists.

 

• Letters (emails) of support had been received from;

 

 

These letters had made the following points (summarised):

 

1.            Register their favour for the development

2.            The plans are extremely well thought out

3.            Offer support to Mrs Parry Jones who is a leading expert in the field of these birds

4.            It will bring much needed tourism and maybe more employment to the area and is a wonderful opportunity for Herefordians to benefit by having such a centre for us to appreciate birds of prey.

5.            I live next door and fully support the planning application

6.            Record full support for the project which will be a major boost to the economy of this region.

7.            Lived next door to the Birds of Prey Centre at Newent and never had any complaints about lighting, noise, or traffic problems.

8.            Extinction and endangered species are words which we frequently hear – excellent opportunity for both local children and children from surrounding area to learn about conservation, bird behaviour, habitats and wonder at the incredible design of the bird for flying.

 

• A public meeting had been held at Eardisland Village Hall on Friday 2^nd May.  76 members of the public had attended.  Minutes and a summary of points made had been submitted.  The summary of points (as provided) are as follows:

 

 

The meeting had been well attended by 76 members of the public. All of the above are views and opinions expressed by the public and are not a response from the Parish Council.

 

• Further details were also received from Linden Alcock (Agent) and was noted that these had apparently been forwarded to all members and had included letters of support (testimonials) from:
  • Robin Pote, Former Head of Science at Moor Park, Ludlow, Shropshire
  • Mike Piercy, Headmaster, Moor Park, Ludlow, Shropshire
  • Linda Wright, Teacher of Biological sciences, Haberdashers’ Monmouth School for Girls.
  • Martin Flamank, BvetMed MRCVS, Bromyard Veterinary Surgery
  • Mrs C M Simpson, Boulsdon, Upton Bishop
  • Nell and Mike Credland, Boulsdon Lea, Great Boulsdon, Newent
  • Alice Lowe, Black House, Farm, Newent, Glos

 

The Principal Planning Officer had provided the following update in response:

 

• On the basis of the continued concern relating to the proposal I have revisited the issue of drainage and would suggest that condition 19 of the report is amended as follows:

 

No development approved by this permission shall be commended until a scheme for the provision and implementation of a surface water run-off limitation has been submitted to and approved in writing by the Local Planning Authority. The surface water run-off rate shall be no greater than the green field run off rate. The scheme shall be implemented in accordance with the approved programme and details.

 

Reason: To prevent the increased risk of flooding and to comply with Policy DR7 of Herefordshire Unitary Development Plan.

 

Note: The run-off must be limited to the Greenfield run-off rate and demonstrate attenuation to the 1% plus climate change event in line with PPS25 Annex B2.

 

The Local Ward Member, Councillor JHR Goodwin, complimented planning officers on the quality of the report, and remarked on the applicant's co-operation in providing additional information.  He felt all of his previous concerns about the application had now been satisfied by the updated report, and by the Sub-Committee's inspection of the site following its previous meeting on 09 April 2008.  He drew the Sub-Committee's attention to various conditions that had been proposed, should planning permission be granted, and expressed his satisfaction that these conditions would offer adequate controls for the site and the activities taking place therein.  He stated that the proposed opening hours of the business, contained in Paragraph 5.6 of the report, were generally less than those recommended by Planning Condition E03, and he felt that they were acceptable.  He asked the Council to consider applying a 40 mph speed limit on the C1035 to enhance road safety in the area of the application site. 

 

Councillor WLS Bowen felt that the application would provide excellent facilities for tourism in Herefordshire, and although it would change the landscape of the immediate area, he was satisfied that the planning conditions proposed gave sufficient means to return the land to its former state, should the business cease.  In response to a question from him, the Principal Planning Officer confirmed that the final landscaping scheme would include some mature tree stock of approximately eleven metres, to provide effective screening.  She also confirmed that she would finalise the details of the drainage scheme with the Council's Drainage Engineer and with the Environment Agency, that the conditions relating to noise on the premises were enforceable, and that the animal burrow on the site was not a badgers' sett, and was more than thirty metres from the development. 

 

Other members expressed concerns about potential traffic flow and the scale of the development, but concluded that there were no planning grounds on which to refuse the application, and that effective conditions were in place to control every aspect of the development.

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       B01 (Samples of external materials)

 

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

 

3       G01 (Details of boundary treatments)

 

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

 

4       No amplified sound/noise shall be audible outside of the boundaries of the site.

 

Reason:  To protect residential amenities.

 

5       The proposed Veterinary Clinic and Research Buildings shall be used as ancillary buildings to the Birds of Prey Centre and shall not be open to members of the public or for the operation of any other veterinary business.

 

To define the terms of this permission and ensure that the building is not operated as a veterinary business separate to the proposed centre in the interests of neighbour amenity and highway safety.

 

6       G31 (Details of play equipment)

 

Reason: To ensure the play area is suitably equipped, landscaped and has a suitable boundary treatment in the interest of neighbour amenity.

 

7       Prior to being discharged into any watercourse, surface water sewer or soak away system, all surface water drainage from parking areas and associated hardstanding shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

 

         Reason:  To prevent pollution of the water environment.

 

8       E03 (Restriction on hours of opening)

 

Reason: In the interests of the amenity of the existing residential property in the locality.

 

9       F32 (Details of floodlighting/external lighting)

 

Reason: To safeguard local amenities

 

10     F40 (No burning of material/substances)

No materials or substances shall be incinerated within the application site.

 

Reason: To safeguard residential amenity and prevent pollution.

 

11     The recommendations set out in the ecologist's report dated April 2007 should be followed unless otherwise agreed in writing with the Local Planning Authority. Prior to development, a habitat enhancement scheme with details of planting specifications should be submitted to the LPA and implemented as approved.

 

Prior to development, a habitat protection scheme to protect the area around the badger sett shall be submitted to the LPA and implemented as approved."

 

Reasons:

To ensure badgers are protected under the Badgers Act 1992 and policies NC1, NC5, NC6 and NC7 within the UDP.

 

To ensure the law is not breached with regard to nesting birds which are protected under the Wildlife and Countryside Act 1981 (and amendments) and policies NC1, NC5, NC6 and NC7 within the UDP.

 

To comply with Herefordshire Council's Policy NC8 and NC9 in relation to Nature Conservation and Biodiversity and to meet the requirements of PPS9 Biodiversity and Geological Conservation and the NERC Act 2006. 

 

12     Full details of the proposed spectator benches to the flying area should be submitted to and approved in writing prior to their installation.  Works shall be undertaken in accordance with the approved details.

 

Reason:  To ensure a satisfactory form of development and to protect the landscape character of this area of the site.

 

13     G04 (Landscaping scheme (general))

 

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

 

14     G05 (Implementation of landscaping scheme (general))

 

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

 

15     H29 (Secure covered cycle parking provision)

 

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

 

16     H10 (Parking)

 

Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

17     H30 (Travel plans)

 

Reason: In order to ensure that the development is carried out in combination with a scheme aimed at promoting the use of a range of sustainable transport initiatives.

 

18     H05 (Access gates)

 

Reason: In the interests of highway safety.

 

19     No development approved by this permission shall be commended until a scheme for the provision and implementation of a surface water run-off limitation has been submitted to and approved in writing by the Local Planning Authority. The surface water run-off rate shall be no greater than the green field run off rate. The scheme shall be implemented in accordance with the approved programme and details.

 

Reason: To prevent the increased risk of flooding and to comply with Policy DR7 of Herefordshire Unitary Development Plan.

 

Note: The run-off must be limited to the Greenfield run-off rate and demonstrate attenuation to the 1% plus climate change event in line with PPS25 Annex B2.

 

20     F21 (Scheme of surface water regulation)

 

Reason: To prevent the increased risk of flooding.

 

21     Should the use of the site as a Birds of Prey Centre cease, the buildings hereby approved. as well as any foundations or concrete pads laid, footpaths and any resulting debris shall be removed from the site and the land reinstated to agricultural land within 6 months.

 

         Reason:  To define the terms of this permission which has been granted given the special circumstances of the use and tourism opportunity provided having regard to policy RST1 of the Unitary Development Plan.

 

INFORMATIVES:

 

1    Developers should incorporate pollution prevention measures to protect ground and surface water. We have produced a range of guidance notes giving advice on statutory responsibilities and good environmental practice which include Pollution Prevention Guidance Notes (PPG's) targeted at specific activities. Pollution prevention guidance can be viewed at: http://www.environment-agency.gov.uk/business/444251/444731/ppg/

 

2       HN01 - Mud on highway

 

3       HN04 - Private apparatus within highway

 

4       HN05 - Works within the highway

 

5       HN10 - No drainage to discharge to highway

 

6       HN13 - Protection of visibility splays on private land

 

7       HN24 - Drainage other than via highway system

 

8       HN25 - Travel plans

 

9       N19 - Avoidance of doubt

 

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