For:      Mr J. Mills per McCartneys, 54 High Street, Kington, Herefordshire HR5 3BJ

The application has been referred to the Committee because the Northern Area Planning Sub-Committee was minded to approve it contrary to Council Policy and Officer advice.

Ward: Castle

The Senior Planning Officer presented a report about the application which had been referred to the Committee because the Northern Area Planning Sub-Committee was mindful to approve it contrary to planning policies and officer advice.  He referred to correspondence received from the applicant and described the application site and what it was used for, pointing out that it was part of the main farm complex which was situated some two miles from the application site. 

In accordance with the criteria for public speaking, Mr Gwilliam, the applicant’s agent, spoke in favour of the application.

Councillor GW Greenow said that he supported the application because he was of the view that there was a legitimate need for the development.  He felt that although part of the business was based in New Zealand, the majority was located in the UK and that and that an agricultural worker needed to be on site because of the particular breed of cattle which required greater attention to breed and manage to maximise market prices compared to some other breeds which were easier to manage.  He felt that every assistance should be given for a local person to be able to remain in agriculture near to his family because of the 24 hour nature of the job.  

The Senior Planning Officer said that the Officers had observed the site on a number of occasions and had not seen any evidence of essential need such as providing help for cows that were calving there.  The key issues about the application related to the justification for a dwelling on site and the  financial ability of the existing business to absorb the cost of a second dwelling.  The  application site was comprised of approximately 84 acres of land with an adjacent modern steel-framed agricultural building used for the over-wintering of beef cattle.

Officers were of the opinion that the management system of the cattle did not have  an essential need for a permanent dwelling on site as this could be done from the main holding of Lower Woonton Farm which had a comprehensive range of agricultural buildings.  The Senior Planning Officer was of the view that the application could not be supported because insufficient essential and functional need had been demonstrated for a permanent dwelling.  Furthermore he felt that the application failed the financial test as set out in PPS7.  The site also contained insufficient visibility splays on entrance/exit to the adjacent public highway.

The Committee discussed the merits of the application and the functional and financial tests that were applicable.  The type of agricultural work undertaken by the applicant was noted, particularly that involving ewe scanning in New Zealand and the UK.  The Senior Planning Officer answered a number of questions raised by Members about the application, the relevance of animal welfare issues, whether an agricultural condition could be imposed and the issue of acceptable visibility splays.

The Planning Policy Manager emphasised that the application did not meet the criteria for an agricultural worker to be present 24 hours per day and that the existing farm had sufficient accommodation to meet all the current requirements of the applicant. If it was granted the application would constitute a new dwelling in the open countryside.  Having carefully considered the points made in favour and against the application, the Committee concurred with the view of the Officers that it should be refused.

RESOLVED

That planning permission be refused for the following reasons:

(i)      No essential need has been proven to house an agricultural worker at this specific location.  Insufficient financial justification has been provided to indicate that the enterprise has been planned on a sound financial basis.  therefore the application fails to comply with Policies S1 and H8 of the Herefordshire Unitary Development Plan 2007 and Planning Policy Statement 7 : Sustainable Development in Rural Areas.

(ii)     The site lacks sufficient visibility splays on its entrance from the public highway.  Therefore the proposal does not comply with Policy DR3 of the Herefordshire Unitary Development Plan 2007.