Agenda item

DMN/102668/F - Haygrove Farm, Falcon Lane, Pixley, Ledbury, Herefordshire, HR8 2PY

Retain 61 caravans used for residential purposes by temporary agricultural workers (i.e. 23 at 'Oakside', 8 at 'Woodside' and 30 at 'Lakeside') and the retention of a 'welfare block' and refuse storage area at 'Woodside' and a 'recreational' building at 'Oakside'.

Decision:

Approved in accordance with the case officer’s recommendation.

Minutes:

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

 

In accordance with the criteria for public speaking Dr Mayers, representing some of the local residents, spoke in objection to the application and Mr Davison, the applicant, and Mr Woodman, representing the Chamber of Commerce, spoke in support.

 

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

 

·         The site visit had been beneficial for members to assess the key issue of the scale of the development.

·         During peak summer times there were 600 workers between the two sites.

·         There was a clear economic benefit to the County as a result of Haygrove farm’s operation.

·         It was imperative to locate the workers from Haygrove Farm on the site in order to reduce noise disturbances as a result of workers walking between Haygrove and Redbank Farm.

·         Agree with the Traffic Manager’s comments.

·         In respect of noise there had only been one noise complaint received by the Environmental Protection team and this had been received after the application had been submitted.

·         Condition 3 was welcomed and would address some of the concerns in respect of noise.

·         The zero tolerance approach to car ownership for workers on the site was welcomed.

·         Mediation between all parties through regular meetings was welcomed.

·         Three additional conditions were proposed to address concerns raised by local residents.

 

The Democratic Services Officer read out a written representation submitted by Councillor PJ Watts, the neighbouring ward member addressing concerns raised by the residents of Falcon Lane.

 

Members felt that the site visit had proved beneficial and had given them a chance to view the three residential areas as well as the site as a whole. They noted that there were a number of recreational areas for workers and also noted the clean and tidy nature of the site. It was also noted that the caravans could not be seen from outside of the site due to the use of mature screening and the natural topography of the land.

 

Members did however note the noise concerns raised by the neighbouring residents and requested that the Environmental Protection Team investigate any complaints as well as monitoring the site closely.

 

The Committee were disappointed that the orchard had been removed but welcomed the planting of the new orchard.

 

Members discussed the possibility of the applicant introducing a pool bicycle scheme to allow workers easier access to nearby amenities. 

 

Councillor PM Morgan was given the opportunity to close the debate. She reiterated her opening remarks as well as recognising the need for improved mediation between all parties.

 

The Principal Planning Officer advised Members that the application only related to 61 caravans and that the proposed conditions could not be applied to the 36 lawful caravans. In response to a comment from the local ward member he confirmed that it would not be appropriate to condition the number of workers permitted on the site as the number of caravans permitted was already controlled through an appropriate condition.

 

The Principal Planning Officer also confirmed that the Committee could not condition a restriction on the usage of the public highway and that it would be inappropriate for them to add a condition regarding a terminal hour for music as this was dealt with through the Environmental Protection Team under separate legislation. He added that in order to address the issue of early morning noise the applicant had agreed to make an effort to not house night time workers from Redbank Farm in any of the caravans on Haygrove Farm. Finally in response to a further question he confirmed that there were quarterly management meetings where the local residents could raise concerns.

 

The Locum Lawyer advised Members that they could incorporate a travel plan as part of a Section 106 agreement at a later date to address the issue of loan bicycles raised by the committee. He also added that it would be appropriate for the committee to give due weight to the issue of noise in accordance with UDP policy DR13.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1.         The occupation of the caravans hereby permitted shall be limited to persons solely working in agriculture as defined in Section 336 of the Town and Country Planning Act 1990 (as amended) upon Haygrove Farm (Pixley), Newtown Farm (Newent), Huntington (nr. Kington), Whitehouse Farm (How Caple), Redbank and Hill House Farm as outlined in red on the six plans attached to this decision notice.

 

Reason: To ensure that unrestricted residential development is not permitted in the open countryside in accordance with policy H7 of the Herefordshire Unitary Development Plan 2007.

           

2.         No individual agricultural worker shall be resident upon the site for a period in excess of six months in any one calendar year.

 

Reason: To ensure that the occupation of the caravans hereby permitted is restricted to temporary rather than permanent agricultural workers. Permanent agricultural workers can, in the opinion of the Local Planning Authority, be accommodated within the wider existing housing stock divorced from the Farm. This is to ensure that unjustifiable residential development in the open countryside is not permitted contrary to policy H7 of the Herefordshire Unitary Development Plan 2007.

 

3.         None of the agricultural workers occupying the sixty-one caravans hereby permitted shall work within the packhouse at Redbank shown as Plan 6 attached to this decision notice.

 

Reason: To restrict pedestrian movement and resultant noise along Falcon Lane, especially during the night-time, thus safeguarding the amenities of the occupiers of dwelling houses that front Falcon Lane, in accordance with policy DR2 of the Herefordshire Unitary Development Plan 2007.

 

4.         The replacement orchard and all the associated planting detailed upon drawing number 001 Rev A received 11th April 2011 shall be planted prior to 1st March 2012. Any trees or plants which within a period of  five years from completion of the development 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 development is satisfactorily integrated into the locality and that there is adequate replacement Orchard planting in accordance with policies LA6, NC6, NC7 and NC8 of the Herefordshire.

 

5.         All of the recommendations for habitats, protected species, landscaping and habitat management detailed within the 'Landscape and Ecological Management Plan' Revised March 2011 received 11th April 2011 shall be fully implemented in full accordance with the stated timescales and thereafter maintained as such.

 

An appropriately qualified 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, 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 'Bio-diversity and Geological Conservation' and the NERC Act 2006.

 

6.         In the event of the caravans hereby permitted becoming redundant for purpose (i.e. no longer required to accommodate persons solely working in agriculture as defined in Section 336 of the Town and Country Planning Act 1990 (as amended) upon Haygrove Farm (Pixley), Newtown Farm (Newent), Huntington (nr. Kington), Whitehouse Farm (How Caple), Redbank and Hill House Farm) all sixty one caravans shall be removed from the site and the  'welfare block' (i.e. toilets and showers) and refuse storage area at 'Woodside' and  'recreational building' at 'Oakside' hereby permitted shall be demolished and all resultant materials removed from the land within a period of six months.

 

Reason: To safeguard the open countryside from unjustified development in the long-term, in accordance with policies S1, S7 and LA2 of the Herefordshire Unitary Development Plan 2007.

 

INFORMATIVES:

 

1.         The reason for granting planning permission is:-

 

The siting of caravans upon Haygrove Farm to accommodate temporary agricultural workers is recognised to be a necessary accompaniment to a rural based business. The development does not conflict with the Development Plan objectives of controlling unjustified new development within the open countryside nor does it prejudice the sustainability objectives of the Plan. It is not considered that there are any undue environmental effects to justify refusal of the application. As such the development is considered to comply with the objectives of both Central Government advice and the provisions of the Development Plan.

 

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

 

3.         For the avoidance of any doubt the documents to which this decision relates are:-

 

     Landscape and Ecological Management Plan Revised March 2011 received on 11th April 2011;

     Landscape Plan – Drawing number 001 Rev A received 11th April 2011;

     Flood Risk Associated with Seasonal Workers Caravans and Ancillary Buildings – Report 20111 – January 2011;

     Planning Application Form received 13th October 2010;

     Application Site Plan (Scale 1:5,000) received 13th October 2010;

     Screening Letter & location plan received 13th October 2010;

     Planning Statement received 13th October 2010;

     Site Location Plan – Drawing number BEL10-046-01 (Scales 1:10,000 & 1:1250) received 13th October 2010;

     Oakside and Woodside – Existing & Proposed Block Plan – Drawing number BEL10-046-02 (Scale 1:500) received 13th October 2010;

     Woodside : Amenity Building 2 – Toilet & Shower Block – Drawing number BEL10-046-08 (Scales 1:100 & 1:50) received 13th October 2010;

     Woodside : Gas Bottle & Bin Store – Drawing number BEL10-046-09 (Scales 1:100 & 1:50) received 13th October 2010;

     Oakside : Recreation Block – Drawing number BEL10-046-10 (Scales 1:100 & 1:50) received 13th October 2010;

     Landscape & Visual Impact Assessment (October 2010) received 13th October 2010;

     Ecological Survey dated 26th August 2011 received 13th October 2011;

     Transport Assessment October 2010 received 13th October 2010;

     Biologic Design – Wetland Ecosystem Treatment received 13th October 2011;

     Economic Business Statement received 13th October 2011; and

     Design & Access Statement received 13th October 2011.

Supporting documents: