1) Change of use of the barn from agricultural to office space.  Works undertaken include replacement beams and glazing to open north gable end of barn.  2) Formalise an historic change of use from riding arena to car park - works included tarmacking the arena.  3) Access road. (all works retrospective).

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

(1) change of use of the barn from agricultural to office space.  Works undertaken include replacement beams and glazing to open north gable end of barn.  2) formalise an historic change of use from riding arena to car park - works included tarmacking the arena.  3) access road. (all works retrospective).)

The Senior 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 for virtual meetings, Mrs J Bromley of Whitbourne Parish Council spoke in opposition to the proposal as a virtual attendee.  Mrs L Kershaw a local resident, spoke in objection to the application as a virtual attendee.  Mr J Evans, the applicant submitted a recorded statement.  This was played to the meeting.

In accordance with the Council’s Constitution, the local ward member, Councillor Shaw, spoke on the application.  In summary, in relation to the works to the building he stated that if the application were to be approved there should be an additional condition requiring the use of appropriate blinds or curtains after nightfall.  In relation to the car park if the committee were minded to approve the application he proposed additional conditions requiring the car park to be vacated one hour after the permitted time for amplified music at the venue, that cars be parked facing away from the valley to reduce light pollution issues and the wording of condition 15 from the original permission governing the loading and unloading of service vehicles be applied.  He also requested a condition requiring mitigation to reduce the noise from cattle grids on the road serving the venue.

The Committee discussed the application.

The Development Manager commented that the application needed to be dealt with on its own merits and separately from the subsequent application on the agenda papers relating to the property (194408).  Additional conditions could be considered as proposed if the Committee considered them appropriate.

The local ward member was given the opportunity to close the debate.  He reiterated his request for additional conditions.

It was proposed that the application should be approved with the additional conditions requiring the car park to be vacated one hour after the permitted time for amplified music at the venue, that cars be parked facing away from the valley to reduce light pollution issues and condition 15 from the original permission governing the loading and unloading of service vehicles along with a condition requiring mitigation to reduce the noise from cattle grids on the road serving the venue (to include hedgehog ramps).

RESOLVED: That planning permission be granted subject to the conditions below, with additional conditions  requiring the car park to be vacated one hour after the permitted time for amplified music at the venue, that cars be parked facing away from the valley to reduce light pollution issues, condition 15 from the original permission governing the loading and unloading of service vehicles along with a condition requiring mitigation to reduce the noise from cattle grids on the road serving the venue (to include hedgehog ramps) and any other conditions considered necessary by officers named in the scheme of delegation to officers:

1.         C07 - Development in accordance with the approved plans

            The development hereby approved shall be carried out strictly in accordance with the approved plans (drawing nos. Location Plan; Barn Conversion - As Existing dated March 2020 and Barn Conversion - As Proposed dated March 2020, and the schedule of materials indicated thereon.

            Reason: To ensure adherence to the approved plans and to protect the general character and amenities of the area in accordance with the requirements of Policy SD1 of the Herefordshire Local Plan – Core Strategy; Policy LU9 of the Whitbourne Neighbourhood Development Plan and the National Planning Policy Framework.

2.         C95 – Details of temporary boundary treatments

            By 31 March 2021, temporary boundary treatments, shall be submitted to and approved in writing by the Local Planning Authority, comprising a plan indicating the position, type, design and materials of the boundary treatment to be erected. The boundary treatment shall be implemented within three months of the approved details and shall be retained for a period of 10 years following installation.

            Reason: In the interests of visual amenity, to ensure the development has an acceptable standard of privacy and to conform to Policy SD1 of the Herefordshire Local Plan – Core Strategy; Policy LU9 of the Whitbourne Neighbourhood Development Plan and the National Planning Policy Framework.

3.         C98 – Planting

            By 31 March 2021, a plan detailing a scheme of planting shall be submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall prescribe that at least 5 species of native woody shrubs shall be planted and it shall include details of the species, sizes, quantity, density of planting with cultivation details. All planting shall be carried out in accordance with those details and planted and implemented in the first planting season following approval of details by the Local Planning Authority.

            The planting shall be maintained in perpetuity. During the first ten years of maintenance, any shrubs 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 plants fail more than once they shall continue to be replaced on an annual basis until the end of a 10-year maintenance period.

            Reason: In order to maintain the visual amenities of the area and to conform with Policy LD1 of the Herefordshire Local Plan – Core Strategy; Policy LU9 of the Whitbourne Neighbourhood Development Plan and the National Planning Policy Framework.

4.         CK5 – Landscape Maintenance Plan

            By 31 March 2021, a schedule of landscape maintenance for the lifetime of the development shall be submitted to and approved in writing by the local planning authority. Maintenance shall be carried out in accordance with this approved schedule.

            Reason: To ensure the future establishment of the approved scheme, in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy; Policy LU9 of the Whitbourne Neighbourhood Development Plan and the National Planning Policy Framework.

5.         CAD – Access gates

            By 31 March 2021, the access gates to the approved car park shall be removed from the site in perpetuity.

            Reason: In the interests of highway safety and to conform to the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy; Policy LU9 of the Whitbourne Neighbourhood Development Plan and the National Planning Policy Framework.

6.         CD2 - Habitat Enhancement Scheme

            By 31 March 2021, information such as an Ecological Clerk of Works report, demonstrating the installation of significant biodiversity net gain enhancements of appropriate habitat boxes for bat roosting, bird nesting and encouraging pollinating insects located within land under the applicant’s control should be supplied to and acknowledged in writing by the local authority. The approved scheme shall be maintained hereafter as approved unless otherwise agreed in writing by the local planning authority. No external or radiated lighting from the development should illuminate any biodiversity net gain features.

            Reason: The enhancement and potential to improve protected species and biodiversity assets is a necessary requirement to ensure that diversity is conserved and enhanced in accordance with the requirements of the NERC Act 2006 and Policy LD2 of the Herefordshire Local Plan – Core Strategy; Policy LU9 of the Whitbourne Neighbourhood Development Plan and the National Planning Policy Framework.

7.         C57 - Restriction on Use

            The building shall be used as an office only and for no other purpose (including any other purpose in Class B1a of the Schedule to the Town and Country Planning (Use Classes) Order 1987 as amended, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

            Reason: The local planning authority wish to control the specific use of the land/premises, in the interest of local amenity and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy; Policy LU9 of the Whitbourne Neighbourhood Development Plan and the National Planning Policy Framework.

8.         C64 – Restriction on separate sale

            The building; car park and access road and the site known as Crumplebury Ltd shall not be sold, leased or let separately from each other.

            Reason: It would be contrary to the policy of the local planning authority to grant permission for a separate dwelling in this location having regard to Policy SD1 of the Herefordshire Local Plan - Core Strategy; Policy LU9 of the Whitbourne Neighbourhood Development Plan and the National Planning Policy Framework.

9.         CNS - Protected Species, Dark Skies and Intrinsically dark landscapes (external lighting)

            a)         At no time shall any external lighting except in relation to safe use of the approved or existing buildings within the application site be installed or operated; and no permanently illuminated external lighting shall be operated at any time, without the written approval of this local planning authority.

            b)         No external lighting should illuminate any, boundary feature, highway corridors or adjacent habitats.

            c)         All lighting installed shall demonstrate compliance with latest best practice guidance relating to lighting and protected species-wildlife available from the Institution of Lighting Professionals

            Reason: To ensure that all species and Dark Skies are protected having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework (2019), NERC Act (2006), Herefordshire Local Plan - Core Strategy policies SS6, LD1, LD2 and LD3 and the Dark Skies initiative (DEFRA-NPPF 2013/19) and Policy LU9 of the Whitbourne Neighbourhood Development Plan.

INFORMATIVES:

1.         IP1 – Application Approved Without Amendment

2.         I18 – Rights of Way

3.         I33 – General Ecology

4.         The applicant’s attention is drawn to the changes to the Use Class Order 2020, in that this application was made to the Local Planning Authority before 1 September 2020.

(The meeting adjourned between 13.35 and 13.50.)