Proposed conversion of redundant Mill to form live/work unit.

Proposed conversion of redundant Mill to form live/work unit.

The Development Control Manager gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided; the schedule of committee updates is appended to these minutes.

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

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor PJ Watts, the local ward member, commented on a number of issues, including:

·         The applicant was happy with the proposed conditions recommended by the case officer if the committee were minded to approve the application contrary to the recommendation.

• The engineer’s report stating that the building was suitable for conversion was noted.

RESOLVED

That the application be approved contrary to the Officer’s recommendation subject to the following conditions:

1          The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason:  Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2          The development hereby approved shall be carried out strictly in accordance with the approved plans [(drawing nos. ….)] and the schedule of materials indicated thereon.

Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area in accordance with the requirements of Policy DR1 of Herefordshire Unitary Development Plan.

3          The business floorspace of the live/work unit hereby permitted shall be made available and ready for occupation prior to the first occupation of the residential accommodation and the residential use shall not precede commencement of the business use.

Reason:  To ensure that a new unrestricted dwellinghouse is not permitted in the open countryside contrary to both Central Government advice and Development Plan policies.  The only reason for granting permission for the residential use is that it is considered to be a necessary accompaniment to the establishment of a rural based business.

4          The business floorspace of the live/work unit shall not be used for any purpose other than for purposes within Class B1 in the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

Reason:  To ensure that the occupiers of the residential floorspace enjoy a satisfactory level of amenity and to ensure that the type of vehicular traffic using the access driveway and means of access onto the public highway is of an appropriate type not prejudicing highway safety.

5          The residential floorspace of the live/work unit shall not be occupied other than by a person solely or mainly employed, or last employed in the business occupying the business floorspace of that unit, a widow or widower of such a person, or any resident dependants.

Reasons:

a)  To ensure that the occupiers of the residential floorspace enjoy a satisfactory level of amenity and;

b)  To ensure that the one of the reasons of allowing a live/work unit being the creation of a sustainable pattern of development where a person lives where they work thus reducing reliance on the private motor vehicle is adhered to.

6          Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 1995 as amended, including the Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 and the Town and Country Planning (General Permitted) (Amendment) (England) Order 2010 no development normally permitted by Classes, A, B, C, D, E, F and G of Part 1, Classes A, B, C and D of Part 8 and Classes A and B of Part 41 of Schedule 2 of Article 3 without the express consent of the Local Planning Authority.

Reason:

a)  To ensure that the building remains in its original form in compliance with Development Plan policy and the Council's Supplementary Planning Guidance entitled 'Re-Use and Adaptation of Rural Buildings' (July 2004) and;

b)  To ensure that the footprint of the building does not increase that would impact on flood storage or flood flows.

7          The woodland planting shown upon drawing number 3231s4 received 2 March 2010 shall be planted in the first planting season following the first use of the business floorspace hereby permitted or the first occupation of the residential floorspace hereby permitted, whichever is the sooner.  Any trees which within a period of five years from the first use of the building die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

Reason:  To ensure that the long-term timber source to sustain the enterprise in the long-term is made available adjoining the site, thus creating a more sustainable pattern of development.

INFORMATIVES:

1          The attention of the applicant is drawn to the provisions of the Wildlife and Countryside Act 1981 (as amended). This gives statutory protection to a number of species and their habitats. Other animals are also protected under their own legislation. Should any protected species or their habitat be identified during the course of the development then work should cease immediately and Natural England should be informed. They can be contacted at: Block B, Government Buildings, Whittington Road, Worcester, WR5 2LQ. Tel: 01905 763355.

The attention of the applicant is also drawn to the provisions of the Conservation (Natural Habitats & c.) Regulations 1994 (as amended). European protected animal species and their breeding sites or resting places are protected under Regulation 39. It is an offence for anyone to deliberately capture, injure or kill any such animal or to deliberately take or destroy their eggs. It is an offence to damage or destroy a breeding or resting place of such an animal.

2          This permission is for conversion of the building only and if at any time during the course of the works the building is substantially demolished or dismantled the local planning authority will consider any further work to be unauthorised by this planning permission.

3          The decision to grant planning permission has been taken having regard to the policies and proposals in the Herefordshire Unitary Development Plan 2007 set out below, and to all relevant material considerations including Supplementary Planning Guidance:

Herefordshire Unitary Development Plan 2007

S1                    -           Sustainable Development

H7                   -           Housing in the Countryside Outside Settlements

HBA12            -           Re-Use of Rural Buildings

HBA13            -           Re-Use of Rural Buildings for Residential Purposes

DR7                 -           Flood Risk

DR3                 -           Movement

In reaching this decision the local planning authority was mindful of the particular circumstances of the case, namely the extent to which the development complied with policy and the way in which local issues of environmental impact and highway safety were addressed and concluded that planning permission should be granted.

This informative is only intended as a summary of the reasons for grant of planning permission.  For further detail on the decision please see the application report by contacting The Hereford Centre, Garrick House, Widemarsh Street, Hereford (tel: 01432 261563).