Agenda item

DCNW2005/0326/F - CONVERSION OF BARNS INTO SEVEN DWELLINGS AT BALANCE FARM, TITLEY, KINGTON, HEREFORDSHIRE, HR5 3RU FOR: MR S VAUGHAN, DAVID EDWARDS ASSOCIATES, STATION APPROACH, BARRS COURT, HEREFORD HR1 1BB

Conversion of barns into seven dwellings.

Minutes:

It was reported that the applicant’s agent had confirmed that foul drainage would be connected to the mains sewer.  Amended plans had been received indicating proposals for a shared access to the rear of the site and an application had been received for Listed Building Consent.

 

RESOLVED

 

        That subject to there being no highways objections, the Officers named in the Scheme of Delegation to Officers be authorised to issue planning permission, subject to the following conditions.

 

1 -     A01 (Time limit for commencement (full permission) )

 

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

 

2 -     B01 (Samples of external materials )

 

         Reason: To ensure that the materials harmonise with the surroundings.

 

3 -     B05 (Alterations made good )

 

         Reason: To maintain the appearance of the building.

 

4 -     C02 (Approval of details )

 

         Reason: To safeguard the character and appearance of this building of [special] architectural or historical interest.

 

5 -     D03 (Site observation - archaeology )

 

         Reason: To allow the potential archaeological interest of the site to be investigated and recorded.

 

6 -      Notwithstanding the approved plans, the foul drainage shall be connected to the mains sewerage system, in accordance with details submitted to and approved in writing by the local planning authority.

 

         Reason:  To ensure a satisfactory drainage arrangement.

 

7 -     Prior to the occupation of the dwellings hereby permitted, the existing agricultural buildings shown on the submitted plan shall be removed from the site and the land reinstated in accordance with details to be submitted to and approved in writing by the Local Planning Authority.

 

         Reason:  For the purposes of clarification in the interest of the amenities of the occupiers of the barn conversion.

 

9 -     G04 (Landscaping scheme (general) )

 

         Reason: In order to protect the visual amenities of the area.

 

10 -      G05 (Implementation of landscaping scheme (general) )

 

         Reason:  In order to protect the visual amenities of the area.

 

11 -      H13 (Access, turning area and parking )

 

         Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway.

 

12 -      F32 (Details of floodlighting/external lighting )

       

         Reason: To safeguard local amenities.

 

13 -   No works or development shall take place until details of a scheme, including architectural drawings for the creation and implementation of bat roosting opportunities has been submitted to and approved by the local planning authority.  Works shall be carried out strictly in accordance with this scheme.

 

        Reason:  To conserve and enhance protected species and its habitat.

 

14 - Prior to the commencement of development, details of a scheme for the retention and/or creation of suitable features and habitat for barn owls and nesting birds, shall be submitted to and approved in writing by the Local Planning Authority.  Works should be carried out in accordance with the approved plans.

 

        Reason:  To conserve and enhance protected species and its habitat.

       

        Informatives

 

1 -   N15 – Reasons for the Grant of PP/LBC/CAC

 

2 -     All birds, their nests and eggs are protected by law and it is thus an offence to:

         intentionally kill, injure or take any wild bird

         intentionally take, damage or destroy the nest of any wild bird whilst it is in use or being built

         intentionally take or destroy the egg of any wild bird

         intentionally (or recklessly in England and Wales) disturb any wild bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.  The maximum penalty that can be imposed - in respect of a single bird, nest or egg - is a fine of up to 5,000 pounds, six months imprisonment or both.

 

         The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) to remove or work on any hedge, tree or building where that work involves the taking, damaging or destruction of any nest of any wild bird while the nest is in use or being built, (usually between late February and late August or late September in the case of swifts, swallows or house martins). If a nest is discovered while work is being undertaken, all work must stop and advice sought from English Nature and the Council's Ecologist.

 

3 -     It is an offence for any person to:

         Intentionally kill, injure or take a bat. Under the Habitats Regulations it is an offence to deliberately capture or kill a bat.

         Intentionally or recklessly damage, destroy or obstruct access to any place that a bat uses for shelter or protection. This is taken to mean all bat roosts whether bats are present or not.

         Under the Habitats Regulations it is an offence to damage or destroy a breeding site or resting place of any bat. This is an absolute offence - in other words, intent or recklessness does not have to be proved.

         The applicant is therefore reminded that it is an offence under the Wildlife and Countryside Act 1981 (as amended) and Conservation Regulations 1994 that works to trees or  building where that work involves the disturbance of a bat is an offence if a licence has not been obtained by DEFRA. If a bat is discovered while work is being undertaken, all work must stop and advice sought from English Nature and the Council's Ecologist. You can also call the UK Bat help line on 0845 133 228.

 

4 -     In relation to conditions 13 and 14 this scheme of mitigation should be based on, but expanded from the recommendations within the ecological survey report by Worcestershire Wildlife Consultancy submitted with the application.  Further advice can be obtained from the Council's Ecologist.

 

5 -     It is drawn on the applicants attentions that a DEFRA licence should be obtained prior to commencement of development.  Additional surveys will be required for the preparation of the Method Statement.  The Method Statement should be approved by the Local Authority's Ecologist prior to submission to DEFRA and can form part of the mitigation scheme.

 

6.            The applicant is reminded of the need to submit an application for listed building consent.  This permission shall not be implemented until the necessary listed building consent has been approved in writing by the local planning authority.

 

7.            Access via Wood Lane.

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