To continue to erect, take down and re-erect polytunnels rotated around fields as required by the crops under cultivation.

To continue to erect, take down and re-erect polytunnels rotated around fields as required by the crops under cultivation.

 

The Southern Team Leader reported the following:

 

• Comments received from the Conservation Manager in support of the application.
• Further letter of objection received from HWVAS.
• Verbal confirmation received from English Heritage stating that they have no formal objection to the application.

 

In response to the updates received he made the following comments:

 

• In relation to the letter from HWVAS, it is maintained that the visual impact of the proposal on the character and appearance of the AONB has been appropriately weighed up in the recommendation. There is an acknowledgement of the fact that this is in the light of conflicting policies that support agricultural development and also the views expressed by the Inspector in relation to the Pennoxstone Court Inquiry where the economic benefits of polytunnels (increased quality and quantity of soft fruit, sustainability benefits of reducing food miles and contribution to local economy) were considered to be matters that can be given significant weight.

 

• Having regard to the procedural issues raised in the letter, the relevant guidance pertaining to applications that potentially do not accord with the provisions of the development plan has been reviewed and advice has been sought from the Government Office for the West Midlands.

 

• On balance it is considered that if Members are minded to approve the application, this should be done on the basis of delegated approval subject to re-advertising the application as a departure and considering further comments that raise any new material planning considerations.

 

• Notwithstanding the advice to advertise the application as a departure, it is not considered that the proposal, which seeks to mitigate the visual harm by dispersing polytunnels into a series of smaller 10 hectare blocks and allows for managed rotation together with considerable landscaping and hedgerow reinstatement would significantly prejudice the implementation of the policies of the development plan and the application should not therefore be notified to the Secretary of State. This view is supported by the advice has been sought from the Government Office for the West Midlands (GOWM) who have indicated that they would not wish to see the application unless new material considerations came to light as a result of the additional publicity.

 

In accordance with the Standards Board Code of Conduct, Councillor JG Jarvis, the local ward member who had declared a prejudicial Interest in respect of the application, addressed the sub-committee prior to leaving the chamber for the ensuing debate and vote.

 

In accordance with the criteria for public speaking, Mr Preece and Mr Wooldridge spoke in objection to the application and Mr Drummond spoke in support.

 

Councillor RH Smith asked for confirmation as to what would happen to the land at the end of the 10 year period. The Southern Team Leader confirmed that the polytunnels would have to be removed in accordance with an appropriate scheme of restoration to be agreed between the applicant and the planning department.

 

Councillor RH Smith felt that the application was complex and was a test case regarding polytunnel usage in Herefordshire. He thanked the case officer for her detailed report and also thanked the applicant for the submission of a detailed Business and Economic Appraisal Summary. He noted that only a small portion of the applicant’s land would be under polytunnels at any time and also that the application was limited to a 10 year period only. He also felt that the adverse visual impact could be limited through the use of appropriate natural screening. Due to these reasons he felt that the application should be approved.

 

Councillor PD Price concurred with Councillor RH Smith. He added that he was concerned with the wording of condition 1(d) as he felt it could cause some difficulty to the planning department at the end of the planning consent period.

 

In response to a question from Councillor Price, the Southern Team Leader confirmed that the applicant had only applied for a 10 year planning permission. He added that it may be beneficial to remove the words ‘former condition’ from condition 1(d) subject to further details to be agreed with the applicant.

 

The Chairman thanked the case officer for her professional, balanced report and thanked her for her efforts in bringing the application before the sub-committee [amended at the meeting of SAPSC on 17 September 2008]. Members discussed the application thoroughly and on balance felt that it should be approved.

 

RESOLVED:

 

That subject to advertising the application as a departure to the development plan; there being no significant new material planning considerations raised as a result of this publicity warranting notification to the Secretary of State, and in consultation with the Chairman and Ward Member, that the officers named in the scheme of delegation to officers be authorised to issue planning permission subject to the following conditions and any additional conditions considered necessary by officers.

 

1       Development shall take place only in accordance with the supporting letter received on 3rd April 2008, landscape proposals described in the Landscape Statement prepared by DLA Ltd and accompanying plan DLA 1226/06 Rev A. Particularly,

 

a)      Not more than 54 hectares of the land shall be covered with polytunnels, or any part or parts thereof excepting the legs, at any time, for which purposes any uncovered hoops in a row shall be measured from the first to the last to be included in this coverage

b)     There shall be no polytunnels sited within those areas coloured pink and annotated as "Polytunnel exclusion/buffer zones" as shown on plan DLA 1226/06 Rev A

c)      Notwithstanding the above conditions, there shall be a limit of 10 hectares on the coverage in any single block of tunnels

d)     The polytunnels hereby permitted shall be removed on or before 10 years from the date of this permission and the land restored in accordance with a scheme of work submitted to and approved in writing by the local planning authority.

 

Reason: In order to safeguard and maintain the visual amenity of the area and to ensure that the development conforms with Policies DR1, LA1, LA2, LA5, LA6 and HBA4.

 

2       Not later than 30 November in any calendar year, the applicant (or its successor in title to the parcel of land in question, as the case may be) shall apply in writing to the Local Planning Authority for its approval of a proposed scheme for the siting and rotation of polytunnels for the following year. The application shall be delivered to the Head of Planning and Transportation of the Authority. The scheme shall be implemented as approved or amended by the Local Planning Authority, save that where no approval or amendment to the proposed scheme is given in writing by the Local Planning Authority within eight weeks of its delivery, the scheme shall be implemented as proposed.

 

Reason: In order to safeguard and maintain the visual amenity of the area and to ensure that the development conforms with Herefordshire Unitary Development Plan Policies DR1, LA1, LA2, LA5, LA6 and HBA4 4.

 

3       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.

 

4       No polytunnel shall be sited within 30 metres of the boundary of any residential curtilage of any dwelling house unless otherwise agreed in writing with the Local Planning Authority.

 

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.

 

5       None of the polytunnels hereby permitted shall be covered with polythene from 30th 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 LA1 of the Herefordshire Unitary Development Plan 2007.

 

6       Within 3 months of the date of this decision a plan showing additional hedge and shrub planting in addition to that shown on Landscape Masterplan drawing no. DLA 1226/06 shall be submitted for approval in writing by the Local Planning Authority. A written specification clearly describing the species, sizes and positions or density of the proposed woodland blocks, hedges and hedgerow trees in the locations shall be submitted for approval by the Local Planning Authority. The planting scheme shall be carried out as approved by the Local Planning Authority (which approval may constitute, or include, the Authority's direction to amend the proposed scheme). If the planting scheme is not carried out within one year of the written approval of the planting scheme, whichever is the later, all polytunnels shall be permanently removed from the land.

 

The planting shall be maintained for a period of 10 years. During this time any trees or shrubs that are removed, die or are seriously retarded shall be replaced during the next planting season with others of similar sizes and species unless the Local Planning Authority gives written consent to any variation. If any trees fail more than once they shall continue to be replaced on an annual basis until the end of the 10-year maintenance period.

 

Reason: In order to safeguard and maintain the visual amenity of the area and to ensure that the development conforms with Policies DR1, LA1, LA2, LA5, LA6 and HBA4

 

7       A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, other than privately owned domestic gardens shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is the sooner, for its permitted use.  The landscape management plan shall be carried out as approved.

 

Reason: In order to maintain the visual amenity of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

 

8       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.

 

9       Within 3 months of the date of this decision a habitat enhancement and management scheme (based on the  recommendations for habitats and protected species set out in the Ecological Appraisal received 3.04.2008 - Ref: 1226/ecorpt-1 and received 27th June 2008 - Ref: 1226/ecorpt-2 prepared by Davies Light Associates) to include the grassland buffer strips, and the restoration of the field boundary to the east of Green Meadow housing estate 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.

 

10     There shall be no variation to the design or appearance of any polytunnel without the prior written approval of the Local Planning Authority.

 

Reason: In order to safeguard and maintain the visual amenity of the area and to ensure that the development conforms with Policies DR1, LA1, LA2, LA5, LA6 and HBA4 4.

 

11     There shall be no polytunnels sited on land lower than 35.0m AOD, as indicated upon Figure 3 'Flood Elevations' The Homme Supplementary Report dated 26/06/08, unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: To maintain the conveyance of flood flows and to prevent the increased risk of flooding elsewhere to ensure that the development complies with Policy DR4.

 

12     There shall be no new buildings, structures (including polytunnels, gates, walls and fences) or raised ground levels within 8 metres of the top of bank of the River Wye (Main River), inside or along the boundary of the site, unless agreed otherwise in writing by the Local Planning Authority.

 

Reason:  To maintain access to the watercourse for maintenance or improvements in accordance with Policy DR4.

 

13     Surface Water generated from the site shall be limited to the equivalent Greenfield run-off rate.  The scheme shall be implemented in accordance with the approved details including Drainage Appraisal, as produced by JDIH (Water & Environment) Ltd, dated June 2007, addendum dated 1 April 2008, and Supplementary Report dated 26 June 2008 unless otherwise agreed in writing by the Local Planning Authority.

 

Reason:  To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal in accordance with Herefordshire Unitary Development Plan Policy DR7.

 

14     Within three months of the date of this decision a scheme for the provision and implementation of a surface water regulation system, including the use of sustainable drainage systems, as detailed within page 5 of the JDIH
Ref. P:\Drummond(5567\Tunnel addendum let v1.doc shall be submitted to and approved in writing by the local planning authority.  The scheme shall be implemented in accordance with the approved details before February 2009, unless otherwise agreed in writing by the local planning authority, in consultation with the Environment Agency and Natural England.

 

         Reason: To prevent the increased risk of flooding and prevent adverse impact on the SSSI and SAC by ensuring the satisfactory means of surface water disposal in accordance with Herefordshire Unitary Development Plan Policies DR4, DR5, NC1, NC2 and NC5.

 

15     In the event of the polytunnels hereby permitted becoming redundant for the growing of soft fruit upon the application site, the polytunnels which including the supporting structures shall be permanently 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.

 

INFORMATIVES:

 

1       N19 - Avoidance of doubt - Approved Plans

 

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

 

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.