Proposed variation of condition 2 and 4 following grant of planning permission. 183083/f (change of use of agricultural buildings and land to residential development (use class c3). Including demolition, conversion and extensions of agricultural buildings to form 3 no. dwellings).

Approved in accordance with the Case Officer’s recommendation.

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

 

In accordance with the criteria for public speaking Mrs Fortescue, local resident, spoke in objection to the application and Mr Thomas, planning agent, spoke in support.

 

In accordance with the council's constitution the local ward member provided a statement which was read to the committee. In the statement the local ward member explained that the application sought to increase the size of the units on the application site. It was noted that a future application concerning the landscaping of the site was likely to come to committee. The current application had been redirected to committee due to the level of public interest. Local objections to the application concerned the potential over-development of the application site. There were concerns locally about the retention of the Dutch barn on site and the potential for its conversion into extra accommodation. The objectors urged the committee to uphold the original, approved scheme and reject the proposed variation.

 

The committee discussed the application.

 

The local ward member closed the debate and referred to the Landscape scheme which was likely to be considered by the committee at a later date.

 

A motion to approve the application consistent with the case officer’s recommendation was proposed by Councillor John Hardwick and seconded by Councillor Paul Andrews. The motion was put to the vote and carried by a simple majority.

 

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

 

1.         The development shall be carried out strictly in accordance with the approved plans (drawing nos. 339.21.LD 01 Rev B, MG-FM-21-01 C, MAG-FM-21-04 Rev B, MAG-FM-21-3 Rev D, MAG-FM-21-02 Rev D, MAG-FM-21-07 Rev E, MAG-FM-21- 08 Rev E) and the schedule of materials indicated thereon.

 

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.

           

2.         Unless otherwise approved by this permission, the materials to be used externally on walls and roofs shall be in accordance with the approved details submitted and discharged under reference P212020/XA2.

 

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.

 

3.         The finishes to be used for all external joinery, timber, plaster and masonry surfaces shall be carried out in accordance with the approved details submitted and discharged under reference P212020/XA2.

 

Reason: To ensure that the work is finished with materials, textures and colours that are appropriate to the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy LD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

 

 

4.         Details of the guttering, down pipes and all associated fittings shall be carried out in accordance with the approved details submitted and discharged under reference P212020/XA2.

 

Reason: To ensure that the rainwater goods are of an appropriate form in the interests of the safeguarding of the special architectural or historical interest of the building and to comply with the requirements of Policy LD4 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

 

 

5          Notwithstanding the provisions of article 3(1) and Schedule 2 of the Town and Country Planning (General Permitted Development)(England) Order 2015, (or any order revoking or re-enacting that Order with or without modification), no development which would otherwise be permitted under Classes A, B, C, D, E and H of Part 1 and of Schedule 2, shall be carried out.

 

Reason: To ensure the character of the original conversion scheme is maintained and to comply with Policy RA5 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

6          Any new access gates/doors shall be set back 5 metres from the adjoining carriageway edge and shall be made to open inwards only.

 

Reason: In the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

7          Prior to the first occupation of the dwellings hereby approved the driveway and/or vehicular turning area shall be consolidated and surfaced at a gradient not steeper than 1 in 8. Private drainage arrangements must be made to prevent run-off from the driveway discharging onto the highway. Details of the driveway, vehicular turning area and drainage arrangements shall be submitted to and approved in writing by the local planning authority prior to commencement of any works.

 

Reason: In the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

8          The development hereby permitted shall not be brought into use until the access, turning area and parking facilities shown on the approved plan have been properly consolidated, surfaced, drained and otherwise constructed in accordance with details to be submitted to and approved in writing by the local planning authority and these areas shall thereafter be retained and kept available for those uses at all times.

 

Reason: In the interests of highway safety and to ensure the free flow of traffic using the adjoining highway and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

9          Parking for site operatives and visitors shall be retained as discharged under reference no 212020/XA2 and kept available during the remaining construction of the development.

 

Reason: To prevent indiscriminate parking, with immediate effect, in the interests of highway safety and to conform with the requirements of Policy MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

           

10        The covered and secure cycle parking facilities shall be carried out in strict accordance with the approved details discharged under reference no 212020/XA2 and available for use prior to the occupation of any of the dwellinghouses hereby permitted. Thereafter these facilities shall be maintained.

 

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 with the requirements of Policies SD1 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

11        The approved CEMP discharged under reference no 212020/XA2 shall be implemented and remain in place until all work is complete on site and all equipment and spare materials have been finally removed.

 

Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), NPPF (2018) and Herefordshire Council Core Strategy (2015) policy LD2.

 

 

 

12        All surface water from the dwellings approved under this decision notice will be managed through a Sustainable Drainage Scheme on land under the applicant’s control as stated in the planning application form and drainage report by HYDROGEO dated July 2018, and this scheme shall be maintained hereafter as approved, unless otherwise agreed in writing by the Local Planning Authority. In compliance with Council Policy at no point shall any part of any soakaway drainage field be constructed closer than 50m to the river bank or boundary of the River Wye SSSI.

 

Reason: In order to comply with Habitat Regulations (2017), National Planning

Policy Framework, NERC Act (2006) and Herefordshire Council Core Strategy (2015)

policies LD2 and SD3.

 

13        All foul water from the dwellings approved under this decision notice shall discharge through individual Package Treatment Plants with soakaway drainage fields located in the garden of each dwelling as stated in the planning application form and drainage report by HYDROGEO dated July 2018; unless otherwise agreed in writing by the Local Planning Authority. In compliance with General Binding Rules and the Council Policy at no point shall any part of any soakaway drainage field be constructed closer than 50m to the river bank or boundary of the River Wye SSSI.

 

Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), NPPF (2018), General

Binding Rules, and Herefordshire Council Core Strategy (2015) policies LD2, retained Biodiversity SPG and SD4.

 

14        At no time shall any external lighting illuminate the gardens or area between the dwellings approved under this decision notice and the River Wye SAC (SSSI) without the prior written approval of this local planning authority. This is to ensure there is no detrimental impact on bat, nocturnal bird and small mammal commuting and foraging in the locality and to help ensure the security of local ‘Dark Skies’.

 

Reason: To ensure that all species are protected and habitats enhanced having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c) Regulations 2017 (as amended) and Policy LD2 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy PF2 Framework (2018), NERC 2006. NPPF-DEFRA Dark Skies Guidance 2013 (2018).

 

15        The soft and hard landscaping details submitted and discharged under 212020/XA2 should be carried out as per these details.

 

 

 

 

Reason: In order to maintain the visual amenities of the area and to conform with Policy LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

16        The soft landscaping scheme approved under condition 15 shall be carried out concurrently with the development hereby permitted and shall be completed no later than the first planting season following the completion of the development. The landscaping shall be maintained for a period of 5 years.  During this time, any trees, shrubs or other plants which are removed, die or are seriously retarded shall be replaced during the next planting season with others of similar sizes and species unless the Local Planning Authority gives written consent to any variation.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the 5-year maintenance period. The hard landscaping shall be completed prior to the first occupation of the development hereby permitted.

 

Reason: In order to maintain the visual amenities of the area and to conform with Policy LD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

17        Within six months of any of the solar photovoltaic panels hereby permitted becoming redundant, inoperative or permanently unused, those panels and all associated infrastructure shall be removed and re-used, recycled, the materials recovered, or be finally and safely disposed of to an appropriate licensed waste facility, in that order of preference.

 

Reason: To ensure a satisfactory form of development, avoid any eyesore from redundant plant, prevent pollution, and safeguard the environment when the materials reach their end of life, in accordance with Policies SD1 and SD2 of the Herefordshire Local Plan – Core Strategy 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. 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.