Erection of domestic outbuilding for purposes incidental to the enjoyment of the hay meadow, including associated extension to the residential planning unit.

The application was approved in accordance with the Case Officer’s recommendation, with an additional condition.

(Erection of domestic outbuilding for purposes incidental to the enjoyment of the hay meadow, including associated extension to the residential planning unit.)

(Councillor Paul Andrews fulfilled the role of local ward member and accordingly had no vote on this application.)

The Senior Planning Officer gave a presentation on the application.

The Committee had deferred consideration of the application at its meeting on 24 June 2020

In accordance with the criteria for public speaking for virtual meetings, Mr K Hewison of Withington Group Parish Council spoke in opposition to the application as a virtual attendee.  Mr F O’Neill, a local resident, submitted a written submission in objection to the application on behalf of himself and other residents.  This was read to the meeting.   Mr E Thomas, the applicant’s agent spoke in support of the application as a virtual attendee.

In accordance with the Council’s Constitution, the local ward member, Councillor Paul Andrews, spoke on the application.  He opposed the application remarking on the scale and design of the proposed building and local opposition to it.

The Committee discussed the application.

The Lead Development Manager commented that the scale of the building, in comparison to permitted agricultural development, was relatively modest.  He suggested that an additional condition on slab levels should be added.  He noted the scope for the applicant to exercise permitted development rights if the application were refused.

The local ward member was given the opportunity to close the debate.  He re-emphasised the local opposition to the application.  He requested that, if the application were, however, to be approved the proposed conditions be enforced.

RESOLVED: That planning permission be granted subject to the following conditions, the addition of a condition on slab levels, and any further conditions considered necessary by officers named in the scheme of delegation to officers:

1.         The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

            Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

2          The development shall be carried out strictly in accordance with the following approved plans, Drawing Numbers:

•           Elevation and floor plans – 329 03 Rev A

•           Block plans – 329 02

•           Site location plan - 329 01

            except where otherwise stipulated by conditions attached to this             permission.

            Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

3          With the exception of any site clearance and groundwork, no further development shall take place until details or samples of materials to be used externally on walls, roofs and rainwater goods have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details.

            Reason: To ensure that the materials harmonise with the surroundings so as to ensure that the development complies with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

4          The garage hereby permitted shall be used solely for the garaging of private vehicles and for purposes incidental to the enjoyment of the dwelling house as such and not for the carrying out of any trade or business.

            Reason: To ensure that the garage is used only for the purposes ancillary to the dwelling and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

5          The outbuilding and access thereto must be reserved for the garaging or parking of private motor vehicles in the ownership of residents of the host dwelling and the garage shall at no time be converted to habitable accommodation.

            Reason: To ensure adequate off street parking arrangements remain available at all times and to comply with Policy MT1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

6          Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any order revoking and re-enacting that Order with or without modification), no garages shall be erected within the curtilage of the dwellinghouse other than those expressly authorised by this permission.

            Reason. In the interests of the amenity of the development and to comply with the requirements of Policy SD1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

7          All surface water shall be managed through a soakaway system within the development boundary; unless otherwise agreed in writing by the Local Planning Authority.

            Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), and Herefordshire Local Plan - Core Strategy policies LD2, SD3 and SD4.

8          Within 3 months of completion of the works approved under this planning decision notice evidence (such as photos/signed Ecological Clerk of Works completion statement) of the suitably placed installation within the site boundary of at least TWO Bat roosting enhancements and TWO bird nesting boxes should be supplied to and acknowledged by the local authority; and shall be maintained hereafter as approved unless otherwise agreed in writing by the local planning authority. No external lighting should illuminate any habitat enhancement, boundary feature or adjacent habitats.

            Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), Habitat Regulations 2017, Core Strategy LD2, National Planning Policy Framework (2019), NERC Act  2006 and Dark Skies Guidance Defra/NPPF 2013/2019.

9          All planting, approved scheme (Block plans – 329 02) shall be carried out in the first planting season following the first use of the building. Any trees or plants which die, are removed or become severely damaged or diseased within 5 years of planting will be replaced in accordance with the approved plans.

            Reason: To ensure implementation of the landscape scheme approved by local planning authority in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

INFORMATIVES:

1.         IP2  Application Approved Following Revisions

2.         The Authority would advise the applicant (and their contractors) that they have a legal Duty of Care as regards wildlife protection. The majority of UK wildlife is subject to some level of legal protection through the Wildlife & Countryside Act (1981 as amended), with enhanced protection for special “protected species” such as Great Crested Newts and all Bat species that are present and widespread across the County and recorded in the wider locality around this application site. All nesting birds are legally protected from disturbance at any time of the year. Care should be taken to plan work and at all times of the year undertake the necessary precautionary checks and develop relevant working methods prior to work commencing. If in any doubt it advised that advice from a local professional ecology consultant is obtained.