Change of use of land from agricultural to equestrian and construction of small stable block.

Application approved in accordance with the case officer’s recommendation, with an alteration to the conditions.

(Councillor Paul Andrews left the committee to act as local ward member for the next application.)

The senior planning officer gave a presentation on the application.

In accordance with the criteria for public speaking Ms Hoppe, spoke on behalf of Bartestree and Lugwardine Group Parish Council.

In accordance with the council's constitution the local ward member spoke on the application. In summary he explained that the application was a well-conceived design with positive elements such as rain water harvesting.

The committee debated the application. The committee sought the inclusion of the requirement for rainwater harvesting in condition 6. The committee sought the enhancement of condition 5 to strengthen arrangements for the storage and disposal of manure; in particular the location to be used for the storage of manure.

The lead development manager confirmed that the alterations to the conditions would be implemented through the delegation to offices contained in the recommendation.

The local ward member was given the opportunity to close the debate.

A motion to approve the application consistent with the case officer’s recommendation and the alterations to the conditions, as listed above, was proposed by Councillor Boulter and seconded by Councillor John Stone. The motion was put to the vote and carried unanimously.

RESOLVED – That planning permission be granted subject to the following conditions, altered conditions 5 and 6, and any other further conditions considered necessary by officers named in the scheme of delegation to officers:

1.         C01 (Time Limit for Commencement)

2.         C07 (Development in accordance with approved plans and schedule of materials)

3.         CNS – The stable block hereby approved shall be for private use only for the benefit of the occupiers of land adjacent to Rhystone Cottage, Lugwardine, Hereford, Herefordshire, HR1 4AP and shall not be used for any commercial riding, training, breeding or any other form of equestrian enterprise at any time.

Reason: In order to safeguard the character and amenity of the area and the local highways network and to comply with policy SD1, RA6 and MT1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework 2021.

4.         CNS – At no time shall any external lighting except in relation to the immediate 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, unless otherwise agreed in writing with 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 policy SS6, LD1 and LD3 of the Herefordshire Local Plan – Core Strategy.

5.         CNS – Unless otherwise approved in writing by the planning authority, all manure created by the equine use permitted under this permission shall be retained, stored and utilised within land owned by the applicant at the development site.

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.

6.         CNS – All surface water generated under the approved development shall discharge to appropriate soakaway systems, on land under the applicant’s control.

            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 and SD3.

7.         CBK – Restriction on hours during construction

Informatives

1.         IP2 (Application Approved Following Amendments/Additional Information)

2.         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.

3.         I12 – Adjoining Property Rights

4.         I18 – Rights of Way

(Councillor Yolande Watson left the meeting at 11:15 a.m.)

(There was an adjournment at 11:15 a.m.; the meeting reconvened at 11:32 a.m.)

(Councillor Paul Andrews resumed his seat on the committee.)