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 Mr Price, the applicant, spoke in support of the application.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor JW Hope, the local ward member, advised the Committee that he supported the application and drew their attention to the comments he made on the other applications submitted by the applicant.

Members made a further reference to 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.

Councillor JW Hope 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 three 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 last being 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 16 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 decision notice. The landscape management plan shall be carried out in accordance with the agreed timetable.

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