Retrospective change of use of land from agriculture to provide accommodation and related facilities for seasonal agricultural workers.

Ward – Sutton Walls

A report was presented by the Development Control Manager  He said that the former Central Area Planning Sub-Committee had previously granted an application for polytunnels on the farm but refused an application for accommodation for up to 1000 workers.  The application was now for provision for up to 850 workers. The officers felt that the application was reasonable given the undertakings by the applicants, the rearranged layout of the site and steps taken to mitigate the impact on the local community including the part-funding of a parish liaison officer to provide a link between the workers and local community.  He added that the applicants had requested a ten year permission but he felt that five years was reasonable. He presented the following updates:

ADDITIONAL REPRESENTATIONS

A further letter has been received from the applicant’s agent. This welcomes the recommendation but expresses concern that the permission would be limited to five years.  It points out that due to the close links to the polytunnel development, for which the permission from 2009 is for ten years, it is logical for any permission for the accommodation for seasonal workers to be for the same duration. It is considered that such a short duration could cause commercial difficulties as changes need to be introduced in the layout and landscaping will hardly be implemented before the permission expires and doubt about the future will impair planning and investment.

OFFICER COMMENTS

Following negotiations between your Officers, the applicant and Marden Parish Council, the applicant has agreed to enter into a planning obligation, which will be provided through a Section 106 agreement, the Heads of Terms of which are set out below.

HEADS OF TERMS

Proposed Planning Obligation Agreement Section 106 Town and Country Planning Act 1990

Planning Application: DMCW/092985/F

Proposal: Change of use of land from agriculture to a site for the accommodation of seasonal agricultural workers in caravans/mobile homes stationed continuously on the site. Retention of demountable portable buildings used in connection with and strictly ancillary accommodation used respectively as a dormitory block, staff operations centre, health and fitness centre, staff shop, kitchen units, social units (services) shower and toilet units (retrospective).

Site: Land at Brook Farm, Marden, Herefordshire HR1 3ET

i)        The applicant covenants with Herefordshire Council to pay annually to Herefordshire Council the sum of £5500 which shall be used as a contribution towards the salary of the ‘Parish Officer’ who shall be employed by West Mercia Constabulary (or any successor agency), on behalf of Marden Parish Council.

ii)       The sum referred to in paragraph 1 shall be reviewed concurrently with any future application which seeks to vary or amend the planning permission to which this agreement relates.

iii)     The requirement to pay the financial contribution referred to in paragraph 1 will only be payable on the grant of planning permission for the proposal and will end on the sooner of a) the cessation of the post of Parish Officer, b) the cessation of the use of the land for the accommodation of seasonal agricultural workers, including the removal of the caravans and demountable portable buildings from the land and c) the expiry of the planning permission.

iv)    In the event that for whatever reason the post of Parish Officer remains unfilled for a period of more than 2 months, from that time until the commencement of employment of a new Parish Officer, the applicant shall not be required to pay the financial contribution referred to above and any monies already paid shall be credited towards any future payments.

v)      The first payment of the sum referred to in paragraph 1 of this schedule shall be made within 2 months of the s106 Agreement being entered into, thereafter payments shall be received by the 28^th February annually, subject to the limitation referred to in paragraph 3

vi)    The applicant covenants with Herefordshire Council to pay a surcharge of 2% of the sum detailed in paragraph 1, as a contribution towards the costs of monitoring and enforcing the Section 106 Agreement. This sum shall be subject to the limitations set out in paragraph 3.

vii)   The applicant shall pay to the Council on or before the completion of the Agreement, an agreed sum as the reasonable legal costs incurred by Herefordshire Council in connection with the preparation and completion of the s106 Agreement.

viii) With regard to the request to lengthen the period of duration of the permission on balance it is considered that due to the ongoing change to the labour requirements at the business that a shorter period (than for the polytunnels) is appropriate and reasonable.

CHANGE TO RECOMMENDATION

That the following condition be added to secure the planning obligation: -

1.Within 2 months of the date of this planning permission details of a scheme for the provision of a Parish Officer for Marden, to mitigate the impact of the development shall have been certified as being completed by the local planning authority.
Reason: In order to mitigate the impact of the development, the Parish Officer being employed to help integrate the seasonal workers and the settled community, in accordance with Policy DR5 of Herefordshire Unitary Development Plan 2007.

In accordance with the criteria for public speaking Mr Fraser a local resident spoke against the application and Mr Gregory spoke in favour on behalf of the applicants.

Councillor K S Guthrie the Local Ward Member said that she supported the view of Marden Parish Council which was in favour of the application. She felt that the applicants had taken adequate steps to minimise the impact of the business on the local community and welcomed the appointment of a liaison officer.  She agreed with the officers that a five year permission was preferable subject to strict enforcement of the conditions, particularly regarding occupancy of the accommodation units.  She asked about the future of the farmhouse and location of the generator.  She felt that landscaping of the boundaries needed to be effective to screen the site as did the colour of fencing materials.  She also said that regard needed to be had to those who had objected to the application and the impact of a large number of seasonal workers who should not be travelling to other sites and should not be permanently located there.  The local community needed to be involved in the site management plan and she welcomed the applicant’s attendance at parish council meetings.

The Development Control Manager said that the applicant’s production season was March through to November when highest number of workers would be on site. A small work force was present from December to March for preparation and maintenance duties for the following growing season.  The generator would remain but consideration needed to be given to its location.  The applicants were preparing a scheme to repair the farmhouse and this would be subject to a forthcoming application for listed building consent. 

Members asked questions about the application including fencing landscaping, adequate access and safety spacing between units and occupancy.  The officers explained how these matters were covered in the conditions or in the site management plan. Although it would be difficult to monitor precisely the number of workers, they were confident that steps were in place to ensure this as far as possible.  Councillor RC Hunt felt that the business would have an impact on the local community but that the applicants had demonstrated at there other sites how they were prepared to minimise the impact.  Councillor KG Grumbley felt that a ten year permission would be more appropriate to such a business.  Councillor RI Matthews noted the improvements made by the Company but objected to the number of temporary units near to the village and impact on tourism.  He was of the view that workers should be housed in better accommodation in adjoining towns and provided with transportation to work.  Councillor DW Greenow felt that the company had made considerable efforts to meet the requirements since the previous application was refused by the Central Area Planning Sub-Committee. The parish council and local member were now in support and he thanked the officers and applicants for there work in arriving at an acceptable scheme.  He felt that liaison proposals with the community were important and that the local member should be involved with the arrangements. He also suggested that the permission should correspond with that previously granted for the polytunnels.

RESOLVED THAT

planning permission be granted subject to the following conditions and subject to being co-terminous with that previously granted for the polytunnels at Brook Farm and subject to the Planning Obligation Agreement under Section 106 of the Town and Country Planning Act 1990 as set out above:

Informatives: