Construction of farm access road (part retrospective).

The application was approved in accordance with the Case Officer’s recommendation.

The Development Supervisor gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet. He added that the applicant was happy to reduce the gradient of the access via a condition in order to address the concerns raised at the recent site visit.

In accordance with the criteria for public speaking, Mr Barber, representing Withington Group Parish Council, and Dr Scotcher, a neighbouring resident, spoke in objection to the application.

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

·         The concerns of the neighbouring residents and the Parish Council should be considered when Members make a decision in respect of the application.

Members discussed the application and noted that the applicant had agreed to reduce the gradient of the proposed track in response to concerns raised. They felt that this would address the issue of headlights shining into the windows of the property opposite the exit of the track. Members also raised the issue of landscaping and felt that an appropriate landscaping condition should be added to the recommendation.

Members noted that if the application had been submitted through the prior approval route, the application would have been granted.

In response to a question in respect of the bridleway, the Development Supervisor confirmed that the proposed track would not form part of the existing bridleway. In response to further questions he also advised that Hop Barn did not form part of the application and was not a material planning consideration. Finally he confirmed that conditions in respect of the gradient and landscaping could be added to the recommendation.

Councillor DW Greenow was given the opportunity to close the debate. He reiterated his opening remarks and made additional comments, including:

·         A condition should be added to restrict the track for agricultural vehicles only.

·         The enforcement action in respect of the site as a whole needed to be communicated to the Parish Council.

In response the points raised by the local ward member, the Head of Neighbourhood Planning advised that it would be difficult to enforce a condition in respect of agricultural use of the track. He also advised Members that the other issues on the site needed to be addressed separately and that the enforcement issues referred to were not a material planning consideration in the determination of this application.

RESOLVED:

That planning permission be granted subject to the following conditions:

1.         Within three months of the date of the permission details of a re-profiled gradient and finished surface of the track where it meets the WS2 bridleway shall be submitted in writing for approval to the local planning authority. The approved re-profiled gradient shall be completed within 2 months of approval of the works.

2.         Within three months of the date of this permission a landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority.

Reason: To protect the amenity of the local area and to comply with Policy LA6 of the Herefordshire Unitary Development Plan.

3.         The soft landscaping scheme approved under condition 2 shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following date of this permission. The landscaping shall be maintained for a period of 5 years.  During this time, any trees, shrubs or other plants which 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 plants 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 amenities of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

Reasons for approval:

1          In making this decision and noting that the development had been commenced the local planning authority concluded that the development would not harm the visual or residential amenity of the area, would not have an adverse impact on the listed building in the vicinity and does not affect any archaeological interest in the area.

The local planning authority concludes that the development is in accordance with the following policies of the Herefordshire Unitary Development Plan 2007.

DR1 – Design

DR2 – Land Use and Activity

DR3 – Movement

ARCH1 – Archaeological Assessments and Field Studies