Agenda item

213836 - LAND AT WARMHILL AND HENGROVE WOODLAND, DEEPDEAN, ROSS-ON-WYE, HEREFORDSHIRE, HR9 5SQ

Proposed change of use of existing forestry shed, lean-to and open hardstanding area from forestry to a mixed use of forestry and forestry-related light industry and timber-based craft workshops.

Decision:

Application approved in accordance with the case officer’s recommendation.

Minutes:

(Councillor Watson left the meeting at 11:16 a.m.)

 

The planning officer gave a presentation on the application

 

In accordance with the criteria for public speaking Ms Mckenna, local resident, spoke on behalf of local residents in objection to the application, and Mr Hamilton, agent, spoke on behalf of the applicant, to support the application.

 

In accordance with the council's constitution the proxy for the local ward member spoke on the application. In summary he commented that the application would potentially impact surrounding tourist-based businesses and that noise pollution from windows and doors be left open would disturb the tranquillity of the area and be difficult to police. The development was contrary to the National Planning Policy Framework (paragraph 180) which sought to restrict development resulting in the deterioration of irreplaceable habitats such as ancient woodland unless there are wholly exceptional reasons for doing so. The application would increase human activity in the area, disturbing and displace mammals and birds, and causing damage to the woodland ecosystems.

 

Walford’s NDP supports proposals which result in a net gain of biodiversity. The proxy for the local ward member proposed the development was contrary to RA5 as it was not compatible with neighbouring uses and will cause undue environmental impacts and RA6 because of its scale. Furthermore the application did not comply with LD2 in relation to the retention and protection of nature conservation sites and LD3 protection and retention of existing green infrastructure due to increased personnel and traffic.

 

It was also stated that the application was contrary to E4 as it doesn’t utilize or enhance the County’s unique environmental heritage assets and SS1 as it doesn’t serve and enhance environmental assets.

 

The Committee debated the application.

 

The proxy for the local ward member was given the opportunity to close the debate and urged that the conditions of the “beefed up” in relation to hours of operation, soundproofing of the unit and work being carried out internally with all doors and windows closed.

 

The lead development manager stated that these requested alterations were already covered off within condition 4 of the paper.

 

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

 

 

 

RESOLVED – That subject to the receipt of a positive response from Natural England in relation to the Habitat Regulations Appropriate Assessment, 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 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 (Location Plan 1:10000; Site Plan 1:500; and Drainage Plan 1:500), 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.

 

3.

The mixed use of the existing shed, lean-to and hardstanding hereby permitted (excluding existing forestry operations) shall be limited to forestry-related light industry and/or timber-based craft workshops falling within Class E (g) (iii) and Class F1; and for no other purpose (including any other purpose in Classes E and F1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.

 

Reason: The local planning authority wishes to control the use of the site, in the interests of safeguarding residential amenity and the tranquil quality of the surrounding woodland, in line with Policies SS6 and SD1 of the Herefordshire Local Plan – Core Strategy and advice found in Section 15 of the National Planning Policy Framework.

 

4.

The use of noise generating plant and equipment in association with the uses hereby permitted (excluding existing forestry operations) shall be restricted to 0800 to 1800 hours Monday to Saturday; and this noise-generating activity shall only take place within a fully enclosed part of the building(s).  There shall be no such working on Sundays, Bank or Public Holidays.

 

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

 

5.

Prior to initiating the mixed use hereby permitted, an annotated location plan and supporting images or an ecologist’s report confirming the installation of appropriately located ‘fixed’ habitat features, such as habitat boxes supporting a range of bird species and bat roosting features, on land under the applicant’s control shall be supplied for the written approval by the local planning authority.  The approved scheme shall hereafter maintained as approved unless otherwise agreed in writing by the local planning authority.

 

Reason: To ensure that all protected species are considered and habitats enhanced having regard to the Conservation of Habitats and Species Regulations 2017 (as amended), Wildlife and Countryside Act 1981, National Planning Policy Framework, NERC Act 2006 and Herefordshire Local Plan - Core Strategy policies SS1, SS6 LD1, LD2 and LD3.

 

6.

At no time shall any external lighting except in relation to safe use of the existing buildings 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 this local planning authority.  No external lighting should illuminate any biodiversity enhancement, boundary feature, highway corridors or adjacent habitats.  All lighting installed shall demonstrate compliance with latest best practice guidance relating to lighting and protected species, available from the Institution of Lighting Professionals.

 

Reason: To ensure that all species and Dark Skies are protected having regard to the Wildlife and Countryside Act 1981, the Conservation of Habitats and Species Regulations 2017 (as amended), National Planning Policy Framework, NERC Act 2006, Herefordshire Local Plan - Core Strategy policies SS6, LD1, LD2 and LD3 and the Dark Skies initiative (DEFRA, 2013).

 

7.

Unless otherwise approved in writing by the local planning authority, all foul water shall discharge through connection to the existing septic tank discharging to a new soakaway drainage field as identified in the drainage report prepared by H+H Drainage and dated June 2022.

 

Reason: In order to comply with the Conservation of Habitats and Species Regulations 2017 (as amended), National Planning Policy Framework, NERC Act 2006 and Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD2 and SD4.

 

8.

Prior to initiating the mixed use hereby permitted, a scheme for the provision of storage, prior to disposal, of refuse and waste materials, and an associated timetable for implementation, shall be submitted to and be approved in writing by the local planning authority.  The approved scheme shall thereafter be implemented in accordance with the approved timetable.

 

Reason: In the interests of amenity and avoiding contamination of the woodland setting, in accordance with Policy SD1 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. 

2.

The application site lies within a Development Low Risk Area, as defined by The Coal Authority.  The Low Risk Area is where past coal mining activity has taken place at sufficient depth that it is likely to pose a low risk to new development.  To minimise the risks to public health and safety, and related liabilities, it is important that wherever your site is located, you make appropriate consideration of the risks posed by coal mining features.

 

3.

In respect of condition 5, it is recommended that the biodiversity enhancement measures outlined in the ecological assessment report are adopted.

 

4.

The Authority would advise the applicant and 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, with enhanced protection for special “protected species” such as all Bat species, Great Crested Newts, Otters, Dormice, Crayfish and reptile species 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.  It is noted that a Working Method Statement is included in the submitted ecological assessment and these recommendations should be adopted.

 

 

 

Supporting documents: