Agenda item

204133 - WHITE HOUSE FARM, WATERY LANE, HAY-ON-WYE, HEREFORD, HEREFORDSHIRE, HR3 5TB

Proposed variation of condition 2 of planning permission 163327 (Erection of a barn egg unit for fertile egg production) to regularise as built development.

 

Decision:

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

Minutes:

The Development Manager, Majors Team 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 Ms H Hamilton, Objectors’ Planning Agent, spoke in objection to the application and Mr I Pick, Applicant’s Agent, spoke in support.

 

In accordance with the council's constitution the local ward member spoke on the application. In summary she commented that the original decision had been recommended for refusal but had been narrowly agreed with significant conditions. The current application had been considered under section 73 and section 73a as the development had not been built in accordance with the previous permission. The development had an unacceptable impact on the Landscape due to the reflective quality of the roof. The visual impacts of the roof required mitigation with a condition for a matt finish. The development was located in the environmentally sensitive landscape of the Wye Valley. There was a need to understand the ammonia emissions from the development particularly in light of the increase in the number of fans on the building. There was also concern regarding the impacts on Hardwick Brook from runoff of muck from the site. There was concern regarding the attenuation ponds; its lining and capacity. The concrete apron of the building was excessive and the tree planting scheme was very small at present and provided no mitigation.

 

The committee discussed the application.

 

The Development Manager, Majors Team explained that the update to the condition requiring a matt finish to the roof could be enforced if a breach had been found to have occurred. Manure management had been considered in the 2017 application; manure and ammonia issues were covered by legislation and consultees had explained that the application met current regulations. Significant consultation had been undertaken concerning the impact on the River Wye and watercourses. The Legal Representative explained that the application sought to make a minor amendment to the existing permission under section 73a. It was a subjective judgement to determine what constituted a minor amendment.

 

The local ward member was given the opportunity to close the debate. She explained there was some confusion as to whether the application was to be considered under section 73 or section 73a. Local residents did not consider that the amendments sought to the application were minor. It was unsatisfactory that there was a lack of scientific certainty concerning the impact of the development on the Wye Valley special area of conservation, in particular the impact of ammonia emissions. Hardwick Brook also experienced problems with pollution which exacerbated nutrient problems on the River Wye. The development was larger than had been previously agreed therefore it should not be agreed as a minor amendment due to its impact on the landscape.

 

A motion that the application be approved was moved and was carried.

 

RESOLVED – That planning permission be granted subject to the following conditions and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

 

That planning permission be granted subject to the following conditions:

 

1

The development hereby permitted shall be carried out in strict accordance with the following approved plans:

 

  • Location Plan

-

HM/01B
  • Site Plan

-

HM/02B
  • Elevations and Floor Plan

-

HM/03A
  • Amended Landscape Proposals

-

1486.01C
  • Foul and Surface Water Drainage Strategy

-

Hydro-Logic Services

Report K0723a/Rev4 – March 2021
  • 16.5 m Articulated Lorry Tracking

-

Drawing number 18072-02

(Scale 1:250 @ A3)
  • Site Access & Visibility Splays

-

Drawing number 18072-01

(Scale 1:500 @ A3);

 

 

 

  except where otherwise stipulated by conditions attached to this permission.

 

Reason: To ensure that the development is satisfactorily integrated into the landscape in accordance with policies SS6, LD1, RA6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031.

 

2

Planning permission P170836/F granted on 19th April 2017 by Herefordshire Council shall be fully implemented prior to commencement of the development hereby permitted.

 

Reason: In the interests of highway safety in accordance with policies SS4 and MT1 of the Herefordshire Local Plan Core Strategy 2011-2031.

 

3

Prior to the first use of the building hereby permitted the widened vehicle access and vehicle turning / manoeuvring area shown upon the approved plans shall be provided and thereafter maintained free of obstruction for use by motor vehicles. In addition prior to the first use of the building hereby permitted visibility splays of 2.4 metres x 37 metres in the south-easterly direction and 2.4 metres x 38 metres in a north-westerly direction with no obstruction above 600mm above carriageway level shall be provided at the point where the vehicle access emerges onto the C1208 and thereafter maintained as such.

 

Reason: In the interests of highway safety in accordance with policies SS4 and MT1 of the Herefordshire Local Plan Core Strategy 2011-2031.

 

4

The building hereby permitted shall only be used for fertile egg production and not for any other form of poultry related production (e.g. broilers).

 

Reason: The processes / activities associated with different forms of poultry related production have materially different environmental impacts that would require assessment.

 

5

Notwithstanding the approved plans and documentation, the external elevations of the main building shall be finished as follows:

 

Walls – Profile sheeting in Olive Green (BS 12B27 / RAL 100 30 20) matt colour

Roof – Profile Sheeting in Merlin Grey (BS 18B25 / RAL 180 40 05) matt colour.

Fan Chimneys – Black Plastic

Feed Bins - Merlin Grey (BS 18B25 / RAL 180 40 05) matt colour

Doors –Steel Sheeting - Olive Green (BS 12B27 / RAL 100 30 20) matt colour

Windows – Brown uPVC

 

Reason: To ensure a satisfactory appearance to the development in the landscape, in accordance with policies SS6, LD1, RA6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031.

 

6

All planting detailed upon Amended Landscape Proposals-1486.01C shall be carried out in the first planting season following completion of the development or first use of the building for agricultural purposes (whichever is the sooner). Any trees or plants that within a period of ten years of their planting 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 a satisfactory appearance to the development in the landscape, in accordance with policies SS6, LD1, RA6 and SD1 of the Herefordshire Local Plan Core Strategy 2011-2031.

 

7

There shall be no delivery of feed or removal of eggs outside the following hours:

 

·         07:00 hours to 20:00 hours Monday to Saturdays

 

and there shall be no delivery of feed or removal of eggs on Sundays, Bank Holidays or Public Holidays;

 

Reason: To safeguard the amenities of the area (including the amenity of the occupiers of ‘Archenfield Cottage’), in accordance with policies SS6 and RA5 of the Herefordshire Local Plan Core Strategy 2011-2031

 

8

Drainage of the site shall be carried out in accordance with the details approved under application 183803 and in full accordance with details contained within the Foul and Water Drainage Strategy (March 2021) and shall be thereafter maintained as such.

 

Reason: To ensure satisfactory drainage arrangements in accordance with policies SS6, SD3 and SD4 of the Herefordshire Local Plan Core Strategy 2011-2031.

 

 

INFORMATIVES:

 

1.

IP2 - Positive and Proactive 2

 

2.

Any discharge of surface water or foul water to an ordinary watercourse will require Ordinary Watercourse Consent from Herefordshire Council prior to construction

 

3.

This planning permission is subject to a Section 106 Unilateral Undertaking dated 24th October 2017

 

 

There was an adjournment at 11:15; the meeting reconvened 11:30.

Supporting documents: