Continue to erect, take down and re erect polytunnels rotated around fields as required (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 Mrs Flint, a neighbouring resident, spoke in objection to the application and Mr Price, the applicant, spoke in support.

 

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

 

• The report was detailed and balanced.
• Polytunnels were essential on the site and would provide an economic benefit.
• The proposed buffer zones would address some of the concerns from the local residents.
• Concerns had been raised in respect of crop spraying and other issues which could be addressed informally by the applicant now that he was aware of them.

 

In response to a question regarding the concerns raised by the Parish Council in respect of the road, the Principal Planning Officer confirmed that the transportation officer had not objected to the application. The Development Manager added that the road in question was a council maintained road and that the proposed application should not result in the road network being overloaded.

 

The Committee felt that it was essential that lines of communication were set up between the applicant and the neighbouring residents. Members noted the success of the liaison group which had been implemented at S&A Davies’ site at Brierley and felt that a similar scheme should be introduced for the proposed application.

 

The Principal Planning Officer advised Members that the issue of contaminated land had been addressed with the Council’s Environmental Health team and that an appropriate informative note in the recommendation addressed this issue.

 

Members went on to discuss the possibility of a working hours condition. It was noted that agricultural work cycles were determined by the weather, and that agricultural workers needed to work when weather was fine even if it was early in the morning. It was therefore deemed that a working hours restriction would not be viable. The Development Manager advised the Committee that the proposed buffer zone should address the concerns of neighbours more effectively than a working hours restriction.

 

Councillor AJM Blackshaw was given the opportunity to close the debate but chose to make no additional statement.

 

RECOMMENDATION

 

1.         The Head of Legal and Democratic Services be authorised to complete the planning obligation under Section 106 of the Town and Country Planning Act 1990 in accordance with the Heads of Terms (attached as annex).

 

2.         Upon completion of the above-mentioned planning obligation Officers named in the Scheme of Delegation be authorised to issue planning permission subject to the following conditions:-

 

1.         The scheme for the provision and implementation of a surface water regulation system as described in the Flood Risk Assessment (Envireau Water 8/08/10) must be submitted to and approved in writing by the Local Planning Authority within three months of the date of this decision notice.  Such a scheme shall be implemented to the reasonable satisfaction of the Local Planning Authority prior to the construction of any impermeable surfaces draining to the system.

 

Reason:  To prevent the increase in flooding caused by additional surface water run-off from the polytunnel development and to comply with Policy DR7 of the Herefordshire Unitary Development Plan.

 

2.         The recommendations set out in the ecologist’s reports dated June 2009 and June 2010 will be followed, unless otherwise agreed in writing by the Local Planning Authority with an agreed timetable within 3 months of the date of this decision notice and the works shall be implemented as approved.  A habitat protection, enhancement and management scheme based upon the recommendations in the above reports shall be submitted to the Local Planning Authority within three months of the date of this decision notice.  This shall be implemented as approved with the agreed timetable thereafter.  The results of monitoring surveys will be submitted to the Local Planning Authority by 31st December in any year that they are undertaken.  A qualified and experienced Clerk of Works will be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation and enhancement work.

 

Reason:  To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010, Policies NC1, NC6, NC7, NC8 and NC9 of the Herefordshire Unitary Development Plan and Planning Policy Statement 9: Biodiversity and Geological Conservation.

 

3.         Prior to the 1st February in each calendar year following the date of this permission, a plan to a metric scale of at least 1:7,500 shall be submitted to the Local Planning Authority indicating the hectares (maximum) of land to be covered with polytunnels and these polytunnels will be distributed in field groups throughout the application site, and will not exceed two separate adjoining fields in number in accordance with the field plans on the indicative plans reference (TBC) submitted in support of the application.

 

Reason:  In order to ensure that the Local Planning Authority can monitor the visual impact of the development hereby approved and to comply with Policy DR2 of the Herefordshire Unitary Development Plan.

 

4.         No polytunnel or associated development will be situated within 30 metres of the boundary of any residential curtilage of any dwelling house that is located outside the contours of the application site.  This land shall not be used in connection to fruit production on site, such as for storage, servicing or for staff congregating area.

 

Reason:  To safeguard the amenities of the occupiers of dwelling houses within the immediate vicinity and to comply with Policy DR2 of the Herefordshire Development Plan.

 

5.         No polytunnel will exceed 3.9 metres in height above existing ground                      level.

 

Reason:  To control the visual impact of the development in consideration of the surrounding landscape and to comply with Policy LA2 of the Herefordshire Unitary Development Plan.

 

6.         In the event of any polytunnel hereby permitted becoming redundant for the growing of soft fruit upon the application site, the polytunnel which includes the supporting structure shall be removed off site within a period of 6 months of it being last used for soft fruit production.

 

Reason:  To ensure that any structure that becomes redundant for fruit production does not remain on site and to comply with Policy LA2 of the Herefordshire Unitary Development Plan.

 

7.         None of the polytunnels hereby permitted shall be covered with polythene from 15th November until 31st December in any calendar year or for the whole of the months of January and February in any calendar year.

 

Reason:  To ensure that the visual impact of the development hereby permitted is limited to the growing season and to comply with Policy LA2 of the Herefordshire Unitary Development Plan.

 

8.         No more than 25 hectares of the application site shall be covered with polytunnels (including the metal structure) at any one time.

 

Reason:  To ensure that the cumulative visual impact of the development within the surrounding landscape is satisfactorily controlled and to comply wit Policy DR2 of the Herefordshire Unitary Development Plan.

 

9.         None of the polytunnels hereby permitted or the field they are located within shall be lit with artificial lighting unless agreed in writing with the Local Planning Authority.

 

Reason:  In the interests of the visual amenity and to comply with Policies DR2 and DR4 of the Herefordshire Unitary Development Plan.

 

10.       A detailed landscaping scheme to include specification, method, density and location of all proposed planting will be submitted to the Local Planning Authority within three months of the date of this decision notice.  The plan will clearly identify the location of existing hedgerows and ancient/veteran trees to be permanently retained.  The heights at which boundary hedges will be maintained will be identified.  A timetable for all landscape work will also be provided.

 

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

 

11.       A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas, shall be submitted to and approved in writing by the Local planning Authority, within three months of the date of this planning approval. 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.

 

12        The applicant be required to set up a liaison group for local residents in order to address any areas of concern.

 

INFORMATIVES:

 

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

 

2.         N19 – Avoidance of doubt – Approved Plans

 

3.         I 30 - N11A Wildlife and Countryside Act 1981 (as amended) – Birds

           

4.         The application site may include a number of areas of 'unknown filled ground' which can be associated with potentially contaminative material and as such it is possible that unforeseen contamination may be present on the site. Consideration should be given to the possibility of encountering contamination on the site as a result of its former uses and specialist advice be sought should any be encountered during the development.