Agenda item

210222 - TOGPEN, WILLEY LANE, LOWER WILLEY, HEREFORDSHIRE

Application for change of use from agriculture to siting two Yurts for holiday use with the accompanying conversion of one garage bay (of a pair of garage bays plus workshop) to provide two bathrooms and two dishwashing facilities at Willey Lane Farm.

Decision:

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

Minutes:

The planning officer gave a presentation on the application.

 

In accordance with the criteria for public speaking Mrs G Turner and Mrs J Stock, local residents, spoke in objection to the application. Mr M Murray, applicant’s agent, spoke in support.

 

In accordance with the council’s constitution the local Ward member Councillor Carol Gandy spoke on the application. In summary she commented that the application was located in a very rural area. Drainage and sewerage on-site was a concern, particularly the septic tank. There was doubt concerning the appearance of the yurts. The impact on the Dark Skies policy from external lighting which would be necessary to light the way to the toilet was raised. Planning enforcement in such a rural location was a challenge.

 

The committee discussed the application.

 

The local Ward member was given the opportunity to close the debate and explained that the application was in a very remote area, a large proportion of local residents had objected to the application. Assurance was sought that if your application was approved conditions would be enforced effectively.

 

A motion to approve the application in accordance with the officer recommendation was carried.

 

RESOLVED – That

 

That planning permission be granted subject to the following conditions:

 

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 approved plans, 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 which complies with policies E4, RA6, LD1, SD1 and MT1 of the Herefordshire Local Plan Core Strategy, policies BG1, BG14, BG17 and BG20 of the Border Group Neighbourhood Development Plan and the principles set out in the National Planning Policy Framework.

 

3.

There shall be no more than two yurts sited upon the land subject of this permission at any time and they shall be sited in accordance with the locations shown on the approved site block plan supplied to the Local Planning Authority on the 24th August 2021.

 

Reason: In order to define the terms of the permission and to minimise the potential for visual intrusion within the landscape as required by policies SD1, LD1, RA6 and E4 of the Herefordshire Local Plan – Core Strategy, policies BG1, BG14 and BG20 of the Border Group Neighbourhood Development Plan and the principles set out in the National Planning Policy Framework

 

4.

The yurts subject of this permission shall only be in place and/or occupied between the 1st April and 31st October in any given year. Outside of these periods, the yurts shall be dismantled and removed from the land along with all associated paraphernalia (with the exception of the permanent base structures).

 

Reason: In order to define the terms of the permission and to minimise the potential for visual intrusion within the landscape as required by policies SD1, LD1, RA6 and E4 of the Herefordshire Local Plan – Core Strategy, policies BG1, BG14 and BG20 of the Border Group Neighbourhood Development Plan and the principles set out in the National Planning Policy Framework

 

5.

The yurts hereby permitted shall only be used for holiday purposes by tourists. No person or group of persons shall occupy the accommodation for more than 28 days consecutive days at a time and no same person or group of persons shall occupy the accommodation for more than 156 days in any one calendar year. The owners/operators of the site shall maintain an up-to-date register of the names of all occupiers of the accommodation and of their main home address (i.e. place of residence) and shall make this information available at all reasonable times to the Local Planning Authority.

 

Reason: To ensure that the development hereby permitted is used for the specific use applied for and to prevent the proliferation of uncontrolled residential uses in the open countryside in accordance with polices SS4, SS7, RA6, E4 and RA3 of the Herefordshire Local Plan Core Strategy, polices BG1, BG14 and BG20 of the Border Group Neighbourhood Development Plan and the principles set out in the National Planning Policy Framework

 

6.

The external surfaces of the yurts hereby approved shall be permanently coloured dark brown, unless a suitably recessive alternative colour is first agreed in writing with the Local Planning Authority.

 

Reason: To ensure that the yurt structures assimilate appropriately into the landscape in the interests of protecting the character of the locale in accordance with the requirements of policies SD1, LD1, RA6 and E4 of the Herefordshire Local Plan – Core Strategy, policies BG1, BG14 and BG20 of the Border Group Neighbourhood Development Plan and the principles set out in the National Planning Policy Framework.

 

7.

All foul water shall discharge through a connection to the existing septic tank and ground discharge drainage field as advised in supplied Design & Access Statement and accompanying site plans; and all surface water shall to discharge to soakaway infiltration features on land under the applicant’s ownership; unless otherwise agreed in writing by the Local Planning Authority.

 

Reason: In order to comply with The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD2, SD3 and SD4

 

8.

At no time shall any external lighting except in relation to safe use of the approved development be installed or operated in association with the approved development and no permanently illuminated external lighting shall be operated at any time, without the written approval of the Local Planning Authority. 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 local intrinsically dark landscape are protected having regard to The Conservation of Habitats and Species Regulations 2017, as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), Wildlife & Countryside Act (1981 amended); National Planning Policy Framework, NERC Act (2006) and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1-3

 

9.

There shall be no playing of amplified music nor the use of fireworks outside at any time.

 

Reason: In order to protect the amenity of occupiers of nearby properties so as to comply with Policies SS6 and SD1 of the Herefordshire Local Plan Core Strategy,

 

 

Prior to the first use of the yurts hereby permitted, full details of a scheme for the provision of covered and secure cycle parking facilities shall be submitted to the Local Planning Authority for their written approval. The covered and secure cycle parking facilities shall be carried out in strict accordance with the approved details and available for use prior to the first use of the development hereby permitted. Thereafter these facilities shall be maintained for the lifetime of the development.

 

Reason: To ensure that there is adequate provision for secure cycle accommodation within the application site, encouraging alternative modes of transport in accordance with both local and national planning policy and to conform to the requirements of policies SS4, MT1, RA6 and E4 of Herefordshire Local Plan – Core Strategy, policies BG14 and BG17 of the Border Group Neighbourhood Development Plan and the National Planning Policy Framework.

 

 

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.

The proposed development may not have access to mains water and be reliant on a private water supply. The applicant is advised that the Private Water Supplies (England) Regulations 2016 (as amended) and the Water Supply (Water Quality) Regulation 2016 are likely to apply. In accordance with these Regulations and the Building Regulations 1984 the water must be of a potable and safe standard.

 

If the supply is to be used for shared or commercial purposes including renting, the Private Water Supplies (England) Regulations 2016 specify that the water supply cannot be used until it has been risk assessed by the local authority’s private water supplies team (01432 261761) and found compliant.

 

Applicants that are connecting to existing private water supplies or accessing sources of water on land over which they have no control are advised to give careful and specific attention to contractual/civil arrangements including rights of access, maintenance arrangements, provision of alternative water supply are agreed in writing at the outset.

 

3.

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 all Bat species, Great Crested Newts, Badgers and other wildlife that are present and widespread across the County. 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 further advice from a local professional ecology consultant is obtained.

 

 

Supporting documents: