Agenda item

214046 - LAND AT LYDE COURT, LYDE CROSS, HEREFORD, HEREFORDSHIRE, HR1 3AE

Meeting of Planning and Regulatory Committee, Wednesday 29 June 2022 10.00 am (Item 13.)

Proposed change of use of land, as an aerodrome consisting of the continued use of a grass airstrip, re-use of an existing barn as hangarage and for maintenance and associated landscaping.

Minutes:

The senior 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.

The chairman outlined a change to the procedure for public speaking. He explained that he had used his discretion to allow extra time and speakers for the parish councils, objectors and supporters. In accordance with this change to the criteria for public speaking Mr Cooper, spoke on behalf of Holmer and Shelwick Parish Council, Mr Marron spoke on behalf of Wellington Parish Council and Mr Paske, spoke on behalf of Pipe and Lyde Parish Council. Dr Williams and Mr Hanks spoke in objection to the application. Mr Waring, the applicant, spoke in support of the application.

In accordance with the council's constitution the local ward member spoke on the application. She explained that the application had been redirected due to the high level of public interest. It was noted that work on the site had already started. There was significant concern in the local communities and the application did not comply with a number of core strategy policies including SS7, SS6 and SS4. A high number of objections to the application had been received including from the six surrounding parish councils. The report contained 41 summarised concerns and issues raised in the objections. It was noted there were also 25 letters of support. The need to exercise judgement and balance in consideration of the application was highlighted.

The committee discussed the application.

The local ward member closed the debate and explained although it was considered that the application would only result in minimal impacts on local communities it was still unacceptable.

A motion that the application be approved consistent with the case officer's recommendation and with the addition of a condition requiring a logbook to be kept and to be made available for inspection by the council was proposed by Councillor Paul Rone and seconded by Councillor Kevin Tillett. The motion was carried by a simple majority.

RESOLVED – that planning permission be granted subject to the following conditions, the addition of a condition requiring a logbook to be kept and the be made available for inspection by the council and any other further conditions/amendments considered necessary by officers named in the scheme of delegation to officers:

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.

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 and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Details of any floodlighting, external lighting proposed to illuminate the development shall be submitted to and approved in writing by the local planning authority before the use hereby permitted commences and the building is brought into use Development shall be carried out in accordance with the approved details and there shall be no other external illumination of the development.

Reason: To safeguard local amenities and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

The ecological protection, mitigation, compensation and working methods scheme including recommended Biodiversity Enhancement as recommended in the Phase 1 Ecological Survey by Heritage Environmental Contractors (2021) and the Landscape and Habitat Biodiversity Enhancement Scheme by Heritage Environmental Contractors (2021) shall be implemented in full as stated, and hereafter maintained, unless otherwise approved in writing by the local planning authority and Natural England as relevant to the protected species licence.

Reason: To ensure Biodiversity Net Gain as well as species and habitats enhancement having regard to the Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), Herefordshire Local Plan - Core Strategy (2015) policies LD1, LD2 and LD3.

The airstrip hereby approved shall remain unsurfaced at all times and no aircraft or aviation paraphernalia shall be permanently sited in the open at the site other than the existing pole-mounted windsock and small 6ft x 4ft wooden shed housing the flight log-book and fire extinguisher.

Reason: In order to safeguard the visual amenities of the area and the wider landscape in accordance with policies SD1 and LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

Within 3 months of the date of the permission hereby granted, details shall be submitted to and approved in writing by the Local Planning Authority of the type and location of signage in place to warn users of rights of way about aviation from the site. Signage shall be installed on public right of way PL3 within 3 months of the date of this permission and retained in accordance with the details so approved at all times.

Reason : In the interests of the safety and amenity of nearby rights of way users in accordance with Policy MT1 of the Herefordshire Local Plan – Core Strategy.

The use of aircraft will be restricted to fixed wing single engine piston aircraft of less than 3175kg in weight.

Reasons: In order to protect the amenity of occupiers of nearby properties so as to comply with Policy SS6 and SD1 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

Use of helicopters be restricted to no more than 2 flights (inbound and outbound) per week.

10.

11.

12.

There shall be no use of twin engine aircraft, jets, turbo-props nor flex-wing microlights.

No flights are to take place outside the hours of 08:00 and 21:00 and there shall be no night flying.

The site of the proposal shall not be used for flying training, gliders, aerobatics nor Touch and Go procedures.

Between 10:00am and 3:00pm a maximum no of 3 flights (inclusive of take-off and landing) in any one hour period.

Between 08:00am to 10:00am and 3:00pm and 9.00pm weekdays only maximum 10 flights per day.

On weekends and bank-holidays there shall not be in excess of 15 flights per day.

The cumulative week (Sunday to Saturday) shall not be in excess of 35 flights per week

13.

All aviation paraphernalia and the structures hereby granted permission shall be removed from the land and the site restored to its original agricultural condition should the use of the site for aviation cease for longer than 12 months.

Reason: In order to safeguard the visual amenities of the area in accordance and surrounding landscape in accordance with Policy SD1 and LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

INFORMATIVES:

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. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

(There was an adjournment at 12:50 p.m.; the meeting reconvened at 1:05 p.m.)

Supporting documents: