Agenda item

212199 - CAERWENDY FARM, ST WEONARDS, HEREFORD, HEREFORDSHIRE, HR2 8QF

Proposed rural tourism venture, to include: conversion of two barns to provide 2 no. holiday lets, proposed 3 no. new holiday let units, proposed recreation barn with indoor swimming pool and separate proposed BBQ pavilion, use of existing bungalow as holiday let, car parking and landscaping.

Decision:

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

Minutes:

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

 

(Councillor Watson resumed her seat on the committee.)

 

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 Mr Bothamley, local resident, spoke in objection to the application and Ms. Watkins, planning agent, spoke in support of the application.

 

In accordance with the council's constitution the local ward member spoke on the application. It was questioned whether the scale of the development was contrary to RA6. Concerns about the scale of the development and the impact on the local road network were raised. Those opposed to the development suggest it would create an unsustainable pattern of development, which would have a direct impact on the rural road network of narrow country lanes, which aligned with essential drainage ditches and very few passing places. The committee was asked to consider whether the application complied with paragraph 84 of the NPPF in relation to impact on local roads? Does the proposal comply with the core strategies of RA6 in relation to scale and is the harm to the rural countryside balanced by Policy E4, which encourages sustainable tourism that is not damaging to the character or quality of the environment.

 

 

The committee debated the application.

 

The Lead development manager suggested that the motion proposers delegate to the case officer the task of adding an extra condition relating to the inclusion of additional passing bays and water harvesting plans. 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 closed the debate and referred to the water harvesting and additional passing bays and welcomes these additions.

 

 

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 by simple majority.

 

 

 

 

RECOMMENDATION

 

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:

 

1.

C01 - Time limit for commencement (full permission)

           

2.

C06 - Development in accordance with approved plans

 

3.

C13 - Samples of external materials

 

4.

Before any other works hereby approved are commenced, visibility splays, and any associated set back splays at 45 degree angles shall be provided from a point 0.6 metres above ground level at the centre of the access to the application site and 2.4 metres back from the nearside edge of the adjoining carriageway (measured perpendicularly) for a distance of 139.5 metres west and 104.6 metres east along the nearside edge of the adjoining carriageway (as shown on drawing no. 3167-23-902).  Nothing shall be planted, erected and/or allowed to grow on the triangular area of land so formed which would obstruct the visibility described above.

 

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

 

5.

The construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

 

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

 

6.

Prior to the first use of the buildings hereby approved an area shall be laid out within the curtilage of the property for the parking and turning of cars, as shown on drawing no. 21-900, which shall be properly consolidated, surfaced and drained in accordance with details to be submitted to and approved in writing by the local planning authority and that area shall not thereafter be used for any other purpose than the parking of vehicles.

 

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

 

7.

Development shall not begin until details and location of the following have been submitted to and approved in writing by the local planning authority, and which shall be operated and maintained during construction of the development hereby approved:

 

-           A method for ensuring mud is not deposited onto the Public Highway

-           Construction traffic access location

-           Parking for site operatives

-           Construction Traffic Management Plan

 

The development shall be carried out in accordance with the approved details for the duration of the construction of the development.

 

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

 

8.

Prior to the first occupation of the development hereby permitted full details of a scheme for the provision of covered and secure cycle parking facilities within the curtilage of each dwelling shall be submitted to the Local Planning Authority for their written approval.. The covered and secure cycle parking facilities shall be carried out in strict accordance with the approved details and available for use prior to the first use of the development 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.

 

9.

With the exception of site clearance and groundworks, no further development shall commence until a landscape scheme shall be submitted and approved in writing by the local planning authority.  The scheme shall include a scaled plan identifying:

 

a)        Trees and hedgerow to be retained, setting out measures for their protection during construction, in accordance with BS5837:2012.

 

b)         Trees and hedgerow to be removed.

 

c)        All proposed planting, accompanied by a written specification setting out; species, size, quantity, density with cultivation details.

 

d)         All proposed hardstanding and boundary treatment.

 

 

Reason: To safeguard and enhance the character and amenity of the area in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

 

10.

All planting, seeding or turf laying in the approved landscaping scheme (insert drawing no if appropriate) shall be carried out in the first planting season following the occupation of the building or the completion of the development, whichever is the sooner.

 

Any trees or plants which die, are removed or become severely damaged or diseased within 5 years of planting will be replaced in accordance with the approved plans.

 

Reason: To ensure implementation of the landscape scheme approved by local planning authority in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework

 

11.

Before the development is first occupied, a schedule of landscape management and maintenance for a period of 10 years shall be submitted to and approved in writing by the local planning authority. Maintenance shall be carried out in accordance with the approved schedule.

 

Reason: To ensure the successful establishment of the approved scheme, local planning authority and in order to conform with policies SS6, LD1 and LD3 of the Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.

 

12.

At no time shall any external lighting except in relation to safe use of the approved development and its stated use 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.

 

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 Herefordshire Local Plan - Core Strategy policies SS1, SS6, LD1-3

 

13.

Before any work a Construction Environmental Management Plan (CEMP) including a full Ecological Working Method Statement and a specified ‘responsible person’, shall be supplied to the local planning authority for written approval. The approved CEMP shall be implemented and remain in place until all work is complete on site and all equipment and spare materials have finally been removed; unless otherwise agreed in writing by the local planning authority.

 

Reason: To ensure Biodiversity Net Gain as well as species and habitats enhancement having regard to the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019’ (the ‘Habitats Regulations’), 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.

 

 

14.

The ecological protection, mitigation, compensation and working methods scheme including recommended Biodiversity Enhancement and any required European Protected Species Licence (Bat), as recommended in the ecology report by Ecology Services dated September 2019 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.

 

15.

Within 3 months of completion of the approved works evidence of the suitably placed installation within the site boundary including 4 Schwegler Bat boxes (or similar approved design) to be incorporated into the external fabric of the renovated barns (two per barn); 2 bird nesting boxes for a site appropriate range of bird species; 1 hedgehog home; and 4 insect hotels, should be supplied to the local authority and shall be maintained hereafter as approved unless otherwise agreed in writing by the local planning authority.

 

Reasons: To ensure Biodiversity Net Gain and 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 policies LD1, LD2 and LD3.

 

16.

The ecological protection, mitigation and compensation methods including Biodiversity Enhancements, as recommended in the Preliminary Ecological Appraisal by Pure Ecology dated April 2021 shall be implemented and hereafter maintained in full as stated unless otherwise approved in writing by the local planning authority.

 

Reason: To ensure that all species are protected and habitats enhanced 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  policy LD2.

 

17.

None of the units shall be occupied until the following drainage details have been provided:

 

·         Confirmation of the proposed drainage mound size using a Vp rate established during testing at 600mm bgl

·         Detailed drainage plans/construction drawings of the proposed surface water and foul water drainage infrastructure

 

·         Confirmation that an EA permit for a discharge of treated foul water drainage to ground has been granted

 

Details shall be submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented before the first use of any of the buildings hereby permitted.

 

Reason: In order to ensure that satisfactory drainage arrangements are provided and to comply with Policy SD4 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.

It is an offence under Section 148 of the Highways Act 1980 to allow mud or other debris to be transmitted onto the public highway.  The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.

 

3.

This planning permission does not authorise the applicant to carry out works within the publicly maintained highway and Balfour Beatty (Managing Agent for Herefordshire Council) Highways Services, Unit 3 Thorn Business Park, Rotherwas, Hereford, HR2 6JT (Tel: 01432 261800), shall be given at least 28 days' notice of the applicant's intention to commence any works affecting the public highway so that the applicant can be provided with an approved specification, and supervision arranged for the works.

 

Under the Traffic Management Act 2004, Herefordshire Council operate a notice scheme to co-ordinate Streetworks. Early discussions with the Highways Services Team are advised as a minimum of 4 weeks to 3 months notification is required (dictated by type of works and the impact that it may have on the travelling public). Please note that the timescale between notification and you being able to commence your works may be longer depending on other planned works in the area and the traffic sensitivity of the site. The Highway Service can be contacted on Tel: 01432 261800.

 

4.

It is the responsibility of the developer to arrange for a suitable outfall or discharge point.  It cannot be assumed that the highway drainage system can be used for such purposes.

 

5.

The applicant's attention is drawn to the requirement for design to conform to Herefordshire Council's 'Highways Design Guide for New Developments' and  'Highways Specification for New Developments'.

 

6.

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) and the Habitats and Species Regulations (2019 as amended), with enhanced protection for special “high status 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. If in any doubt it advised that advice from a local professional ecology consultant is obtained. If any protected species or other wildlife is found or disturbed during works then all works should stop and the site made safe until professional ecology advice and any required ‘licences’ have been obtained. Any additional lighting should fully respect locally dark landscapes and associated public amenity and nature conservation interests.

 

 

(Councillor Toni Fagan resumed her seat on the committee)

 

Supporting documents: