Conversion of garage/workshop/office to holiday let.

The application was refused contrary to the case officer’s recommendation.

The 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, Mr Davies, a neighbouring resident, spoke in objection to the application.

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

·         The application had been bought before the committee so all of the facts surrounding it could be examined fully.

·         The site had a chequered planning history as outlined in the Officer’s report.

·         The previous planning consent was raised in height with additional windows added and then had to be resubmitted for a retrospective approval which was only allowed on appeal.

·         If approved the application would be contrary to the condition imposed by the Planning Inspector at the previous appeal.

·         Significant weight should be given to the condition imposed by the Planning Inspector relating to the garage not being used for trade or business.

In response to a question from the Committee, the Planning Officer confirmed that the recently erected poultry unit was 53 metres away from that proposed dwelling. In response to an additional question she advised that the condition imposed by the Planning Inspector related to the usage as a domestic garage and would not be relevant if the change of use was permitted.

Members discussed the application and had concerns in respect of a perceived non-compliance of previous planning conditions. However their primary concern in respect of the application related to the close proximity of the holiday let and the existing poultry unit. For this reason the Committee considered the application to be contrary to Policy RST12 of the Unitary Development Plan.

Members also had concerns in respect of the possibility of a further change of use of the holiday let to enable it to be used as an additional farm dwelling. Although they noted that this was not a material planning consideration. They also had concerns in respect of the sustainability of the proposed holiday let due to its remote rural location.

Members continued to voice their concerns regarding a perceived failure to comply with planning conditions and requested clarification from the case officer as to whether enforcement action had been commenced or whether she could confirm that planning conditions had been complied with. In response she confirmed that she had visited the site and that the landscaping condition referred to by the neighbouring resident had been complied with, she added that as far as she was aware all conditions relating to the poultry unit had also been complied with.

The Development Manager advised Members that the points raised during the debate indicated that in the Committee’s opinion the application was contrary to Unitary Development Plan Policies DR2, RST12 and S1 due to the incompatibility of the land uses and the remote location of the proposed holiday let. The Planning Officer added that the issue of phosphates in the water supply had not yet been addressed and would need to be added as a reason for refusing the application.

(Note – Councillor Edwards also mentioned H7 at this stage, did we include that in the reasons for refusing the application)

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

·         The local residents did not agree that all conditions regarding the poultry unit had been met.

RESOLVED

That planning permission be refused for the following reasons:

1.         The application is contrary to policies DR2, S1, RST12 and HBA12 of the Herefordshire Unitary Development Plan.

2.         The application fails to assure the Authority through a lack of information and appropriate mitigation that the Habitat Regulations and policy DR4 of the Herefordshire Unitary Development Plan are complied with.