Agenda item

201961 - HARTLETON FARM, BROMSASH, ROSS-ON-WYE, HR9 7SB

Proposed variation of condition 10 of planning permission SE1999/2612/F granted on appeal (reference: APP/W1850/A/00/1039625) for 22 holiday chalets with parking facilities – ‘original’ planning permission reference: SS980398PF) to explicitly detail the approved drawings at Hartleton Farm, Bromsash, Ross-on-Wye, HR9 7SB.

 

Decision:

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

Minutes:

The principal planning officer gave a presentation on the application and the updates/representations received following the publication of the agenda as provided in the update sheets and appended to these minutes.

 

In accordance with the criteria for public speaking Mr A Reeves of Linton Parish Council spoke on the application. Mr J Arrowsmith a local resident spoke in objection to the application. A statement from Mr D Baume, the applicant’s agent, in support of the application was read to the committee.

 

In accordance with the council's constitution the proxy local ward member spoke on the application. Councillor Yolande Watson queried why site visits had not taken place and why the legal opinion sought by the council regarding the application had not been shared. The absence of a site plan was raised and the discernible difference in the position of the access on the landscape plan from the permission granted. The inconsistency of planning permission references was raised as a concern. It was proposed that the applicant could be asked to submit another application. The committee was encouraged to refer to the submission from counsel, as commissioned by the local community. The work that had been undertaken on site was not considered to comply with section 73 (2) (b) Town and Country Planning Act 1990 which undermined the claim that permission was extant.

 

The committee debated the application.

 

The lead development manager explained that the need for a site visit was discussed with the chairman but it was not felt necessary as the decision to be made by the committee was a technicality. The principal planning officer explained that there was a discrepancy between the site access on the permission and on the Landscape plan. Once the Landscape plan had been accepted by the planning department the new access had superseded that contained in the permission. Counsel's advice had been sought on this matter and there was felt to be no issue.  Case law had established an objective test as to when development had commenced; works were deemed to have started on the site therefore the permission was extant. It was noted that conditions 1, 2 and 6 were are all compliance conditions that required development to be carried out in accordance with details concerning materials, landscape and drainage that were approved by letter dated 9th December 2003. The letter would be appended to the decision notice which would be sent to the applicant.

 

The proxy local ward member was given the opportunity to close the debate. She urged the deferral of the application to allow the committee to undertake a site visit to see the scrapings that represented the commencement of development. The scrapings were not felt to be compliant with lawful material commencement contained in the Town and Country Planning Act 1990. A proper site plan was required which complied with condition 10 otherwise approval would be based on the landscape plan.

 

A motion that the application be approved was carried.

RESOLVED -That planning permission be granted subject to the following revised and reimposed conditions:

 

1.

Development shall be carried out in accordance with the external materials approved by letter dated 9.12.2003 (reference SE1999/2612/F).

 

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.

2.

Development shall be carried out in accordance with the landscaping details approved by letter dated 9.12.2003 (reference SE1999/2612/F).

 

Reason: To safeguard and enhance the character and amenity of the area in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

 

3.

All planting, seeding or turfing comprised in the approved details shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed, or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation.

 

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.

 

4.

The chalets hereby permitted shall only be used for holiday purposes and shall not be used as a permanent or main residence.

 

Reason: Having regard to Policy RA3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework the local planning authority are not prepared to allow the introduction of separate units of residential accommodation in this rural location, with limited access to facilities for day to day living.

 

5.

Provision shall be made for a water storage facility to serve the proposed development. Precise details of this facility shall be submitted to and approved by the Local Planning Authority in writing prior to work commencing on site and the approved scheme shall be implemented and operational prior to the occupation of the chalets.

 

Reason: In order to ensure that satisfactory potable water arrangements are provided and to comply with Policy SD3 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

6.

Development shall be carried out in accordance with the drainage details approved by letter dated 9.12.2003 (reference SE1999/2612/F). Development shall be carried out in accordance with the approved details before occupation of any of the chalets.

 

Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policy SD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

7.

All vehicular access to the chalet sites shall be via the access road off the Class II B4224 at South Herefordshire Golf Course.

 

Reason: In the interests of highway safety, so as to adhere to Policy MT1 of the Herefordshire Local Plan – Core Strategy and the requirements of the National Planning Policy Framework.

 

8.

The proposed development shall be carried out strictly in accordance with the approved plans:

·         Site Location Plan

·         Site Plan of Village & Proposed minor amendment to siting (incorporating reduced no. of holiday cottages – Plan A Sept ‘94

·         V:2781:9 – Holiday Chalet Type A

·         V:2781:10 - Holiday Chalet Type B

·         V:2781:11 – Holiday Chalet Type C

·         L:2781:4 – Site Plan of lakeside holiday units

·         L:2731:5 – Holiday Chalet Type D (lakeside)

·         L:2781:6 - Holiday Chalets Lakeside (section and lakeside & motorway elevations)

·         256/01 – Landscape Layout and Maintenance

·         256/02 – Detailed Landscape Proposals

 

Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy and the requirements of the National Planning Policy Framework.

 

9.

Prior to their construction elevations, floor plans of the garaging (footprint not to exceed that shown on the approved Site Plan) and an external material specification shall be submitted to and approved in writing by the Local Planning Authority.  Development shall be carried out in strict accordance with the approved details.

 

Reason: To ensure the scale and appearance of the garaging is acceptable in the interests of a satisfactory form of development and to comply with Policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy and the requirements of the National Planning Policy Framework.

 

INFORMATIVE:

 

1.

The Local Planning Authority has acted positively and proactively in determining this section 73 application to vary an imprecise condition by assessing it against the extant planning permissions.  It has subsequently determined to grant planning permission.

Supporting documents: