Proposed erection of polytunnels (retrospective).

Proposed erection of polytunnels (retrospective).

 

The Principal Planning Officer 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 Murphy, the applicant’s agent, spoke in support.

 

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

 

• That the application was complex and sensitive and sought to ratify and formalize the current usage of the site.
• Work had commenced on the application 3 years ago, it had taken a considerable amount of time due to the complexity of the material considerations; the number of policies to be considered; the requirement for an Environmental Impact Assessment; and the applicants’ intent to submit and acceptable application.
• Each of the eight principal planning issues had been met and addressed.
• Buffer zones around neighbouring residents’ homes would address some concerns from the local people.
• The application would not result in increased traffic movements.
• The application should be approved as recommended by the Planning Officer.

 

The Committee noted the visual impact of the polytunnels but also discussed the essential role they played in the soft fruit growing process. The Committee noted the conditions and felt that compliance of the conditions would alleviate the concerns raised in respect of landscaping. They also requested that the Council’s enforcement team monitor the site closely to ensure compliance.

 

Councillor Smith was given the opportunity to close the debate in accordance with the Council’s Constitution. He reiterated his opening statements in support of the application.

 

RESOLVED

 

It be recorded that the Environmental Statement and associated documents including the Statement of Community Consultation have been taken into account in making this recommendation.

 

That planning permission be granted subject to the following conditions:

 

1          No more than 20 hectares of Zone 1 shall be covered with polytunnels, or any part or parts thereof excepting the legs at any one 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.

 

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

 

2          No more than 25 hectares of Zone 2 shall be covered with polytunnels, or any part or parts thereof excepting the legs, at any one 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.

 

Reason: In order to safeguard and maintain the visual amenity of the area and to ensure the development conforms with Policies DR1, LA2, LA5 and LA6 of the Herefordshire Unitary Development Plan 2007.

 

3          No more than 10 hectares of Zone 3 shall be covered with polytunnels, or any part or parts thereof excepting the legs, at any one 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

 

Reason: In order to safeguard and maintain the visual amenity of the area and to ensure the development conforms with Policies DR1, LA2, LA5 and LA6 of the Herefordshire Unitary Development Plan 2007

 

4          No polytunnel shall exceed 4 metres in height above existing ground level.

 

Reason: To control the impact of the development within the landscape in accordance with Policy LA2 of Herefordshire Unitary Development Plan 2007.

 

5          No polytunnel shall be sited within 30 metres of the boundary of any residential curtilage of any dwellinghouse or within 50 metres of any dwellinghouse that lies outside the confines of the application site, but excluding property in the ownership of the applicants.

 

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

 

6          No later than 30 November in any calendar year, the applicant (or his 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 Local Planning 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, LA2, LA5, LA6 to enable the local planning authority to practically monitor the development.

 

7          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.

 

8          In the event of the polytunnels hereby permitted becoming redundant for the growing of soft fruit upon the application site, the polytunnels which includes the supporting structures shall be removed from the application site within a period of twelve months.

 

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          None of the polytunnels hereby permitted shall be covered in polythene from 30 November until 31 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 majority of the polytunnels hereby permitted are not covered in polythene outside of the growing periods thus ensuring that the cumulative visual impact is lessened, in accordance with policy LA2 of the Herefordshire Unitary Development Plan 2007.

 

10        The recommendations for habitats, protected species and habitat management set out in the ecologist's submitted report dated 12 September 2009 should be followed unless otherwise agreed in writing with the local planning authority. The approved management scheme shall be implemented in full accordance with the stated timescales and maintained thereafter.

 

A full habitat creation, enhancement and management scheme based upon the FWAG report dated 12 September 2009 shall be submitted to the local planning authority within 3 months of the date of planning permission. This shall include large scale plans of the sites and shall be implemented as approved and maintained thereafter unless otherwise agreed in writing with the local planning authority.

 

An appropriately qualified and ecological clerk of works shall be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation and enhancement works.

 

Reasons:-

 

A)         To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, & C) Regulations 1994 (as amended) and policies NC1, NC5, NC6, and NC7 of the Herefordshire Unitary Development Plan 2007;

 

B)        To comply with Herefordshire Council's Unitary Development Plan policies NC8 and NC9 in relation to Nature Conservation and Bio-Diversity and to meet the requirements of Planning Policy Statement 9 'Biodiversity and Geological Conservation' and the NERC Act 2006.

 

11        Notwithstanding the submitted landscaping proposals, a fully detailed comprehensive landscaping plan detailing areas of reinforcement of shelter belt planting, planting of a woodland shelter belt(s) together with the identification of new cross-field hedgerows and a planting timetable and long term management plan shall be submitted within 3 months of the date of planning permission being granted.

 

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

 

12        The landscaping scheme approved under condition 11 shall be carried out in the first planting season following the date of planning permission being granted. The landscaping shall be carried out in accordance with the approved plan and the long term management plan.

 

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

 

13        No polytunnels shall be sited within 2 metres of the centre line of any public right of way within or adjacent to the site.

 

Reason: To ensure that no public right of way is obstructed and to ensure that enjoyment is safeguarded in accordance with Policy T6 of the Herefordshire Unitary Development Plan 2007.

 

14        Within three months of the date of planning permission a detailed scheme for the provision of surface water drainage works (including a maintenance schedule) is to be submitted and approved in writing by the local planning authority. The drainage works shall be completed in accordance with the details and timetable agreed.

 

Reason: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal as recommended by the Environment Agency and to comply with Policy DR4 of the Herefordshire Unitary Development Plan.

 

15        Within three months of the date of planning permission a scheme to adequately treat the level of suspended soils in surface water is to be submitted and approved in writing by the local planning authority in consultation with the Environment Agency.

 

Reason: To prevent the increased risk of soil erosion and control of sedimentation to the Gamber and to comply with Policy DR4 of the Herefordshire Unitary Development Plan.

 

16        Within three months of the date of planning permission a Site Waste Management Plan is to be submitted and approved in writing by the local planning authority. The development shall be carried out in accordance with the provisions of the approved plan.

 

Reason: In the interests of pollution prevention and efficient waste minimisation and management so as to comply with Policies S10 and DR4 of the Herefordshire Unitary Development Plan.

 

INFORMATIVES:

 

1          The reasons for granting planning permission in respect of the development are:-

 

It is recognised that the continued use of polytunnels upon the site creates benefits to the local rural economy and the proposal, including the enhanced landscaping requirements is considered to mitigate any harm caused to the character and appearance of the site and surrounding countryside. It is not considered that there are any other environmental reasons to justify refusal of the application. In forming this conclusion the Local Planning Authority have had full regard to the relevant Central Government advice, the policies of the Herefordshire Unitary Development Plan 2007, the guidance contained within Herefordshire Council’s ‘Polytunnels Supplementary Planning Document’ and the extent to which the Environmental Statement addressed the environmental impacts associated with this retrospective proposal.

 

2          N11A Wildlife and Countryside Act 1981 (as amended) – Birds.

 

3          N11C General.

 

4          The applicant is advised to engage the services of a suitably qualified landscape consultant to supervise the implementation of the landscaping and its subsequent maintenance.

 

[Councillor GW Dawe wished for it to be noted that he abstained from voting in respect of the application]