Proposed erection of 2 timber-framed craft studios to provide workshop and training facilities.

Proposed erection of 2 timber-framed craft studios to provide workshop and training facilities.

The Senior Planning Officer reported the following comments made by the Council’s Ecologist, these are reproduced in full below.

‘I note that the site has potential to support reptiles and there are records of adders within 350 metres of the site. A survey of the site will need to be carried out at an appropriate time of year to determine whether reptiles are present and what mitigation may be required.

Herefordshire Council can refuse permission if the applicant does not provide adequate information on protected species, as it will be unable to assess the impacts on the species and thus meet the requirements of PPS9 or the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended). Herefordshire Council has the power to request information under Article 4 of the Town and Country (Planning Applications) Regulations 1988 (SI1988.1812)(S3) that covers general information for full applications.

The applicant will therefore need to commission an ecological survey to establish the potential impacts on habitats and protected species that may be present. As protected species are a ‘material consideration’, Herefordshire Council cannot determine this application until all the necessary survey, mitigation, compensation and enhancement information are received.

In addition I have some concerns regarding the proposed tree planting and some of the species identified. I would question the inclusion of Alder and Sweet Chestnut and the species of cherry would need to be clarified. This could be dealt with by a planning condition requiring a detailed planting scheme identifying the species mix, provenance of plants and percentages of each species to be planted to be submitted and approved by the LPA’.

The Senior Planning Officer reported the following comments which were included in the update sheet circulated to Members at the meeting:

The representation raises a further reason for refusal, namely the inadequacy or lack of an ecological survey. The full refusal reason following this comment is outlined.

In respect of the proposed planting scheme, in the event of approval, a detailed planting scheme including species, number, planting position and management scheme would be required by a condition.

In accordance with the criteria for public speaking Mr Orford, the applicant, spoke in support of his application.

Councillor RV Stockton, the local ward member, advised members that the existing barns on the site were not in the ownership of the applicant as they were owned by his father. Therefore conversion of these buildings was not an option. He noted the representation received by the Council’s ecologist and felt that this was the only valid reason for refusing the application.

The Southern Team Leader advised members that the Ecologist’s survey could not take place until May 2010 and therefore prevented the application from being approved immediately. He advised Members that they could support the application in principle and refuse it solely on the grounds of the lack of an ecological survey. The application could then be resubmitted once the ecological survey was received and could then potentially be approved under delegated powers subject to no further impediments [amended at NAPSC meeting on 18 November 2009]. He felt that it was unreasonable to defer consideration of the application for such a long period of time.

Councillor RV Stockton advised members of the applicant’s background and noted that he offered a sustainable ecological business which should be supported by the Council.

In response to a question the Southern Team Leader advised members that by refusing the application solely on the grounds of a lack of an ecological report they would be accepting the principle of the proposed development and use on the site. In response to a further question he stated that case law stated that it was unacceptable to approve an application subject to a condition in respect of the mitigation of an ecological survey’s findings.

Members discussed the application thoroughly and were unanimous in their support. They were disappointed that they could not approve the application at this stage but made it clear that it was being refused solely on ecological reasons and that they were in support of the principle and use proposed for the site.

RESOLVED

Members are minded to accept the principle of development but refuse the application solely on the ground of a lack of an ecological survey. Therefore planning permission to be refused for the following reason:

1.         The application has not addressed the potential impact of the proposal on habitats and protected species The proposal is therefore contrary to Policies NC1, NC5, NC6, NC7 and NC8 of the Herefordshire Unitary Development Plan and the guiding principles of PPS9 ( Biodiversity and Geological Conservation