Retention of farm track.

Approved in accordance with the case officer’s recommendation.

The Team Leader (South) 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 paragraph 4.8.2.2 of the Council’s Constitution, Councillor BA Durkin, the local ward member, commented on a number of issues, including:

• The application site had a complex history.
• In 2009 the Planning Department accepted the existence of the track.
• The primary concern was with regard to highway safety.
• The proposed track would provide a safer environment for the residents of Tan House Lane.
• A condition restricted the use of the track to agricultural or farm vehicles would be welcomed.

In response to the comments from the local ward member, the Team Leader (South) advised the Committee that the proposed condition would not be appropriate. He added that an informative note could be added to the recommendation to address the concerns of the local member.

RESOLVED

That planning permission be granted subject to the following conditions:

1.         B01 Development in accordance with the approved plans

2.         The entrance onto the B4221 shall be provided with visibility splays measuring from a point 0.6 metres above ground level at the centre of the access to the application site and 2.4 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 120 metres in each direction along the nearside edge of the adjoining carriageway.  Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of the Herefordshire Unitary Development Plan.

3.         The access gate shall remain set back 12 metres from the adjoining carriageway edge and shall be made to open inwards only.

Reason: In the interests of highway safety and to conform with the requirements of Policy DR3 of Herefordshire Unitary Development Plan.

4.         The new access shall be constructed in accordance with the specification providing in Appendix A1 of Herefordshire Council’s Highways Specification for New Developments’ from the nearside edge of the carriageway for a distance of 15 metres and shall remain in perpetuity.

Reason: In the interests of highway safety to prevent debris from entering onto the public highway.

5.         A highway management plan, including management responsibilities and maintenance schedules for the access and track, shall be submitted to and approved in writing by the local planning authority prior to the use of the new access.  The highway management plan shall be carried out in accordance with the approved details.

Reason: In the interests of the amenity of the adjacent dwellings.

6.         None of the existing trees and/or hedgerows on the site (other than those specifically shown to be removed on the approved drawings) shall be removed, destroyed, felled, lopped or pruned without the prior approval in writing of the local planning authority.

Reason: To safeguard the amenity of the area and to ensure that the development conforms with Policy DR1 of Herefordshire Unitary Development Plan.

7.         No development shall take place until a scheme of tree planting between the access track and boundary of Trem y Bryn has been submitted to and approved in writing by the local planning authority.  The submitted scheme shall include details of the species, sizes and positions or density of all trees to be planted and the proposed time of planting.  All tree planting shall be carried out in accordance with those details.

The trees shall be maintained for a period of five years.  During this time, any trees that are removed, die or are seriously retarded shall be replaced during the next planting season with others of similar sizes and species unless the local planning authority gives written consent to any variation.  If any trees fail more than once they shall continue to be replaced on an annual basis until the end of the 5-year maintenance period.

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

Informatives:

1.         HN01 Mud on highway

2.         N15 Reason(s) for the Grant of PP/LBC/CAC

3.         The applicant is advised that the terms of this permission allow for the use of the track for agricultural purposes only in connection with the lawful use of the land for agriculture.