Proposed archery course with 3d foam animal targets on a circuit through the woods. To include a reception area, off road parking and serviced portaloo toilet facilities.

Officers were authorised to grant planning permission, subject to additional conditions and consultation.

(Proposed archery course with 3d foam animal targets on a circuit through the woods.  To include a reception area, off road parking, and serviced portaloo toilet facilities.)

 

(The Chairman received the Committee’s agreement to this item (agenda item 10) being considered in advance of application 151937 (agenda item 9).)

 

The Committee had deferred consideration of this application at its meeting on 9 December pending a site visit.

 

The Acting 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, as appended to these Minutes.

 

In accordance with the criteria for public speaking, Mr F Buchanan, the applicant spoke in support of the application.

 

In accordance with the Council’s Constitution, the local ward member, Councillor BA Durkin, spoke on the application.

 

He made the following principal comments:

 

·         Whilst not in the Wye Valley AONB the site was ancient woodland and policy required that ancient woodlands should be protected and enhanced.  He remained concerned that the proposed activity would have an adverse impact on flora and fauna.

 

·         He was also concerned about the safety of the site.  At least three of the targets required arrows to be directed towards them outwards from the site.   He was not aware of there being any independent safety report.

 

·         If permission were to be granted he requested that a condition be imposed restricting activity solely to archery.

In the Committee’s discussion of the application the following principal points were made:

 

·         The question of safety was the principal concern, in particular the proximity of targets to the site boundary and how the risk of arrows straying outside the site boundary could be reduced.

 

·         Signage to warn people of the potential danger of trespassing on the site was also discussed.  It was noted, however, that there was the possibility that this might attract interest contrary to the desired effect.

 

·         It was noted that under the General Permitted Development Order the site could be used for the proposed purpose for 28 days without any planning permission being required.  The application sought permission to operate between April-October.  The Committee therefore appeared to be being asked to grant permission for some 65 days of controlled operation.  This might appear preferable to 28 days of uncontrolled operation.

 

·         The site was ancient woodland and there were far better uses to which it could be put.

 

·         The proposal was a good idea and very few people had objected to it.

The Acting Principal Planning Officer confirmed that there were no public rights of way crossing the site.  The site was fenced with barbed wire and a locked gated access.  The Council’s ecologist had recommended conditions to protect the woodland with the route and position of targets to be controlled.  However, some other ancient woodlands were used to a far greater degree.  An additional condition could be imposed to address concerns about safety, providing for a buffer zone between the perimeter of the site and the targets and managing the direction of fire to avoid arrows flying outside the site.

 

The Development Manager added that he had discussed the application with the Council’s ecologist and the ecologist considered that the low key usage as proposed would be good for the woodland and ecology and protect it better than many other uses.  It should be borne in mind that, as mentioned in the debate, the Committee was in effect being asked to grant permission for some 65 days of controlled operation with 28 days of uncontrolled operation being permitted in any event.  A condition restricting use to archery could be imposed.

 

It was proposed that officers should be authorised to approve the application with additional conditions after consultation with the Chairman and local ward member.

The local ward member was given the opportunity to close the debate.  He commented that there were concerns in the local community about the proposal and observed that the two Parish Councils involved both opposed the scheme.  He remained concerned about safety and the need for a risk assessment to be undertaken by an authenticated qualified person.

 

RESOLVED:  That Officers named in the Scheme of Delegation to Officers are authorised to grant planning permission, subject to the conditions below and any other further conditions considered necessary after consultation with the Chairman and local ward member about the appropriate positioning of targets:

 

1.         A01 Time limit for commencement (full permission)

 

2.         B03 Amended plans – received 16.11.2015

 

3.         Prior to the implementation of the change of use hereby permitted, a dormouse survey should be conducted and the findings together with full working method statement and enhancement measures for dormice if necessary should be submitted to, and be approved in writing by, the local planning authority, and the work shall be implemented as approved.

 

            An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

 

            Reasons:

            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 and Policy LD2 of the Herefordshire Local Plan - Core Strategy and to meet the requirements of the National Planning Policy Framework and the NERC Act 2006.

 

4.         Prior to the implementation of the change of use hereby permitted a report evaluating the impact of the trail upon ground flora and field layer of the woodland and any identified badger activity on the site should be submitted to the local planning authority.  Confirmation of the trail route and any required mitigation should be submitted to the local planning authority in writing together with photographic evidence of the measures implemented.  The works carried out shall be in accordance with the approved details and mitigation.

 

                        An appropriately qualified and experienced ecological clerk of works should be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

 

            Reasons:

            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 and Policy LD2 of the Herefordshire Local Plan - Core Strategy and to meet the requirements of the National Planning Policy Framework and the NERC Act 2006

 

5.         The use hereby permitted shall only be carried out in accordance with the following:

 

1.         Participants shall only be allowed on site between the hours of 9am and 6pm on Saturdays, Sundays and bank holidays.

2.         At any one time there shall be no more than 8 participants on the site, in addition to the 2 directors.

 

            Reason: In order to protect the amenity of occupiers of nearby properties and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

6.         Upon cessation of the use hereby permitted the portaloos, canopy and targets shall be permanently removed from the site.  Between the 1 November and 31 March each year that the use operates the canopy shall be taken down, the target practice area dismantled and the portaloos removed from the site, unless alternative details have first been submitted to and agreed in writing by the Local Planning Authority.

 

            Reason: To safeguard the amenities of the locality and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

7          H03 visibility splays

 

8          H13 access, turning and parking

 

9          Restriction of use to archery only

 

Informatives:                   

 

1.         The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

 

 

2.         Drinking water - The development may mean that non mains drinking water is necessary for the scheme. All new non-mains water supplies must be wholesome and comply with the standards set out in the Private Water Supplies Regulations 2009.

 

3.         Food and drink - Please note that if the proposal includes the use of the premises for the production and/or sale of food and drink, in accordance with Article 6 EU Regulation 852:2004 on the Hygiene of Foodstuffs, the business will be required to be registered as a food with business with the Commercial team in Environmental Health and Trading Standards.